(i) approves any exceptions to sub-
paragraphs (A) and (B); and 
(ii) not later than 60 days after such 
approval, notifies the congressional defense 
committees of such exceptions. 
(2) STRATEGY.— 
(A) Not later than one year after the date 
of the enactment of this Act, the Secretary of 
Defense, in consultation with the Under Sec-
retary of Defense for Acquisition, Technology, 
and Logistics, Principal Defense Space Advisor 
designated under section 2279d of title 10, 
United States Code, as added by section 
101(c)(1), and the acquisition executives of the 
military departments, shall develop a strategy 
to recapitalize legacy non-multiband satellite 
communications terminals to multiband satellite 
communications terminals. 
(B) The strategy under subparagraph (A) 
shall include the following: 
(i) A comprehensive recapitalization 
schedule for all platforms in the Depart-
ment of Defense using satellite commu-
nications terminals. 
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(ii) A comprehensive list of all types 
of fielded non-multiband satellite commu-
nications terminals, the number of termi-
nals currently in service, and the projected 
schedule for recapitalizing the terminals. 
(iii) The priority, by military depart-
ment, of terminal recapitalization. 
(iv) Options for migrating the highest 
priority terminals in each military depart-
ment to multiband terminals. 
(3) BRIEFING.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
shall provide the congressional defense committees a 
briefing on the strategy developed under paragraph 
(2). 
(d) SPACE MODERNIZATION INITIATIVE PROTECTED 
TACTICAL SERVICE FUNDING.—In addition to any other 
amounts authorized to be appropriated to the Secretary 
of the Air Force for fiscal year 2017 for research, develop-
ment, test, and evaluation, Air Force, there is authorized 
to be appropriated to the Secretary $150,700,000 for the 
Space Modernization Initiative activities related to Pro-
tected Tactical Service development and demonstration, 
including for the Protected Tactical Enterprise Service ini-
tiative. 
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(e) PATHFINDER FUNDING.—Of the amounts au-
thorized to be appropriated to the Secretary of the Air 
Force for fiscal year 2017 for procurement, Air Force, 
there is authorized to be appropriated to the Secretary 
$30,000,000 for the Space and Missile Systems Center 
Satellite Communications Pathfinder program. 
(f) PILOT PROGRAM FUNDING.—In addition to any 
other amounts authorized to be appropriated to the Sec-
retary of the Air Force for any of fiscal years 2017 
through 2021 for operation and maintenance, Air Force, 
there is authorized to be appropriated to the Secretary 
$50,000,000 for each of fiscal years 2017 through 2021 
to carry out the pilot program for the acquisition of com-
mercial satellite communication services and enterprise- 
level ground integration efforts under section 1605 of the 
Carl Levin and Howard P. ‘‘Buck’’ McKeon National De-
fense Authorization Act for Fiscal Year 2015 (Public Law 
113–291; 10 U.S.C. 2208 note), as amended by section 
1612 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92). 
(g) BRIEFING.—On a biannual basis, the Secretary 
of Defense shall provide the congressional defense commit-
tees a briefing on the progress of the following: 
(1) Satellite communications Pathfinder activi-
ties. 
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(2) The pilot program under section 1603 of 
the National Defense Authorization Act of 2014 
(Public Law 113–66; 10 U.S.C. 2359 note). 
(3) Protected Tactical Service. 
(4) Any initiative regarding enterprise-level 
ground architecture or any other initiative the Sec-
retary determines appropriate. 
(h) DHS STUDY.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security, in consultation with the Secretary of De-
fense, shall submit to the congressional defense commit-
tees a report on leveraging underused Mobile User Objec-
tive System satellite communications capacities of the De-
partment of Defense, or other narrowband communication 
systems, to complement the communications and com-
mand-and-control systems of the Department of Home-
land Security. Such report shall include an assessment of 
critical 
command-and-control 
requirements 
and 
connectivity requirements and existing capability short-
falls. 
(i) PRESERVATION
OF
ELECTROMAGNETIC
AC-
CESS.—The Federal Communications Commission— 
(1) shall ensure that commercial satellites oper-
ating in geostationary and non-geostationary orbit 
have primary status for access to the electro-
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magnetic spectrum in the 27.5–28.35 gigahertz band 
for current and future deployments of individually li-
censed earth stations; and 
(2) may not require commercial satellite entities 
to secure primary access to such band through par-
ticipation in an auction or through secondary market 
procedures. 
SEC. 103. POSITIONING, NAVIGATION, AND TIMING. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the importance of positioning, navigation, and 
timing for national security and economic prosperity re-
quires highly reliable and secure positioning, navigation, 
and timing systems, such as the Global Positioning Sys-
tem, to support commercial, civil, and national security 
programs. 
(b) STRATEGY ON PNT SIGNALS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a strategy to ensure that posi-
tioning, navigation, and timing receivers of the De-
partment of Defense best leverage the global avail-
ability of positioning, navigation, and timing signals 
from the Global Positioning System, the Galileo sys-
tem, and other positioning, navigation, and timing 
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systems, including commercial positioning, naviga-
tion, and timing solutions that use commercial sat-
ellite constellations. 
(2) ELEMENTS.—The strategy under paragraph 
(1) shall address the following: 
(A) Issues associated with monitoring and 
verification of the accuracy, integrity, avail-
ability, and security of foreign and commercial 
positioning, navigation, and timing signals. 
(B) Mechanisms for timely notification to 
military users of the current and projected reli-
ability of such foreign and commercial systems. 
(C) Methods for sharing information 
across the Global Positioning System, the 
Galileo system, and other positioning, naviga-
tion, and timing systems to improve the inter-
operability and effectiveness of the systems for 
military users. 
SEC. 104. WEATHER. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) commercial space-based weather satellite 
data and services that meet rigorous standards for 
quality, security, and reliability can help mitigate 
gaps in coverage of critical weather requirements, in-
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crease resilience of the overall weather satellite ar-
chitecture, and augment Government weather sys-
tems to create more and better data at lower costs 
to the taxpayer; 
(2) the Department of Defense should incor-
porate commercial space-based weather satellite data 
into its weather modeling products; and 
(3) the Department of Defense should maximize 
the use of, and incentivizes the growth of, commer-
cial weather data and services of the United States 
and ensure that such data and services are secure, 
reliable, and enhance military effectiveness. 
(b) NATIONAL EXECUTIVE COMMITTEE ON WEATH-
ER.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
President shall establish a National Executive Com-
mittee on Weather to coordinate weather-related 
matters across the departments and agencies of the 
Federal Government. The President shall base the 
National Executive Committee on Weather on the 
National Space-Based Positioning, Navigation, and 
Timing Executive Committee. 
(2) 
CO-CHAIRS; 
MEMBERS.—The 
President 
shall appoint the Deputy Secretary of Defense and 
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the Deputy Administrator of the National Oceanic 
and Atmospheric Administration to serve as co- 
chairs of the National Executive Committee on 
Weather. The President shall appoint such other of-
ficials of the Federal Government to serve on the 
National Executive Committee on Weather as the 
President determines appropriate. 
(3) ORGANIZATION.—The National Executive 
Committee on Weather shall include— 
(A) a permanent national coordination of-
fice secretariat; 
(B) an international working group; and 
(C) an engineering working group. 
(c) COMMERCIAL WEATHER DATA QUALITY, SECU-
RITY, AND RELIABILITY STANDARDS.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Defense shall develop and certify quality, secu-
rity, and reliability standards, including cybersecurity 
standards, for weather data and systems to facilitate the 
use of commercial weather data and services by the Armed 
Forces. 
(d) SPACE
SURVIVABILITY
AND
SURVEILLANCE 
FUNDING.—Of the amounts authorized to be appropriated 
to the Secretary of the Air Force for fiscal year 2017 for 
research, development, test, and evaluation, Air Force, 
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there is authorized to be appropriated to the Secretary 
$40,000,000 for space survivability and surveillance. 
(e) GEOMAGNETIC STORM WARNING CAPABILITY.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration and the Administrator of the National 
Aeronautics and Space Administration, shall com-
mence the development of a follow-on geomagnetic 
storm warning capability that includes— 
(A) the ability to forecast, detect, and 
issue warnings of electromagnetic pulse events, 
solar radio bursts, and energetic particles; and 
(B) a timely notification and warning 
mechanism for governmental entities and pri-
vate sector entities. 
(2) COMMERCIAL
CAPABILITIES.—In carrying 
out paragraph (1), the Secretary shall take into full 
consideration commercial capabilities. 
(f) LIMITATION ON AVAILABILITY OF FUNDS FOR 
AIR FORCE WEATHER AGENCY.— 
(1) CERTIFICATION.—Of the funds authorized 
to be appropriated or otherwise made available for 
fiscal year 2016 for the Air Force for weather model 
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forecasting (including with respect to operation and 
maintenance of the Air Force Weather Agency), not 
more than 10 percent may be obligated or expended 
until the date on which the Secretary of the Air 
Force certifies to the congressional defense commit-
tees that the Secretary has initiated a full and open 
competition to award a contract for the weather 
forecasting model used by the Air Force Weather 
Agency. 
(2) COMPETITION.—In carrying out the full 
and open competition for the weather forecasting 
model described in paragraph (1), Secretary shall es-
tablish the technical standards required for commer-
cial weather forecasting models to integrate into 
weather forecasting and data assimilation systems of 
the Department of Defense, including information 
assurance and security classification requirements. 
(g) COMMERCIAL
WEATHER
DATA
PILOT
PRO-
GRAM.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall carry out a pilot program 
under which the Secretary shall award not fewer 
than one contract, using full and open competition, 
to assess the potential viability of using commercial 
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weather data in the weather modeling and fore-
casting of the Department of Defense. The pilot pro-
gram shall be conducted consistent with data stand-
ards established under subsection (c). 
(2) FUNDING.—There is authorized to be ap-
propriated to the Secretary of Defense for fiscal year 
2017 not less than $10,000,000 to carry out the 
pilot program under paragraph (1) by purchasing, 
evaluating, and calibrating commercial weather data 
that meets the standards and specifications set by 
the Secretary for purposes of the pilot program. 
(3) BRIEFING.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall provide to the congressional defense 
committees a briefing demonstrating how the Sec-
retary plans to implement the pilot program under 
paragraph (1). 
(h) SPACE BASED INFRARED SYSTEM WEATHER AP-
PLICATIONS.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
(A) the Space Based Infrared System has 
attributes including certain sensor capabilities, 
revisit rates, and polar reach which could en-
hance weather prediction capability, in addition 
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to weather data collected by the Department of 
Department, in support of meeting validated 
weather requirements; and 
(B) the Secretary of Defense should fully 
examine and exploit the weather capabilities of 
such system. 
(2) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed 
Services of the House of Representatives and the 
Senate a report examining the potential of the Space 
Based Infrared System to generate useful weather 
data in support of numerical weather models and 
validated weather requirements of the Department 
of Defense. 
(i) WEATHER REQUIREMENTS GAP MITIGATION.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that the Department of Defense can lever-
age Defense Meteorological Satellite Program pay-
loads, including the Special Sensor Microwave 
Imager/Sounder, to help mitigate gaps in critical 
validated weather requirements. 
(2) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed 
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Services of the House of Representatives and the 
Senate a report on using Defense Meteorological 
Satellite Program payloads to mitigate gaps in vali-
dated Department of Defense weather requirements, 
such as cloud characterization, theater weather im-
agery, ocean wind vectors, tropical cyclone intensity, 
snow depth, and sea ice weather requirements. 
(j) PROHIBITION ON RELIANCE ON FOREIGN COUN-
TRIES FOR SPACE-BASED WEATHER DATA.— 
(1) PROHIBITION.—The Secretary of Defense 
shall ensure that the Department of Defense does 
not plan to rely on space-based weather data for 
cloud characterization and theater weather imagery 
provided by foreign governments. 
(2) CERTIFICATION.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the congressional defense com-
mittees a certification that the Secretary is in com-
pliance with the prohibition under paragraph (1). 
(3) BRIEFING.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
shall provide to the congressional defense commit-
tees a briefing on how the Department of Defense 
plans to comply with the prohibition under para-
graph (1). 
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SEC. 105. SPACE SITUATIONAL AWARENESS. 
(a) FUNDING.—In addition to any other amounts au-
thorized to be appropriated to the Secretary of the Air 
Force for fiscal year 2017 for research, development, test, 
and evaluation, Air Force, and operation and mainte-
nance, Air Force, there is authorized to be appropriated 
to the Secretary $30,200,000 for the operations and ac-
tivities of the Joint Interagency Combined Space Oper-
ations Center. 
(b) COMMERCIAL INTEGRATION CELL.—Not later 
than one year after the date of the enactment of this Act, 
the Secretary of Defense, in consultation with the Com-
mander of United States Strategic Command, shall pro-
vide a briefing to the Committees on Armed Services of 
the House of Representatives and the Senate on making 
permanent the commercial integration cell pilot program 
conducted by the Joint Space Operations Center. 
(c) REPORT
ON COMMERCIAL SATELLITES.—Not 
later than one year after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the House of Representatives 
and the Senate a report that— 
(1) identifies space situational awareness sen-
sors desirable for commercial satellite operators and 
other non-Federal Government operators to inte-
grate into the systems of the operators prior to 
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launch to provide space situational awareness data; 
and 
(2) addresses issues associated with the quality, 
security, and reliability of the data derived from 
such commercial sensors. 
SEC. 106. LAUNCH SERVICES. 
(a) PRIORITY FOR UNITED STATES ENGINES.— 
(1) IN GENERAL.—Beginning January 1, 2023, 
in awarding a contract for the procurement of prop-
erty or services for space launch activities, the Sec-
retary of Defense shall treat any offer that proposes 
the use of a rocket engine described in paragraph 
(2) as costing the Federal Government 25 percent 
less than the price listed in the offer. 
(2) ENGINE DESCRIBED.—A rocket engine de-
scribed in this paragraph is a rocket engine that 
uses articles, materials, and supplies that are allow-
able under section 8302(a)(1) of title 41, United 
States Code, in an acquisition for public use and are 
not subject to an exception under chapter 83 of such 
title (popularly known as the ‘‘Buy American Act’’). 
(b) VENTURE-CLASS LAUNCH SERVICES.— 
(1) PROGRAM.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Principal De-
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fense Space Advisor designated under section 2279d 
of title 10, United States Code, as added by section 
101(c)(1), and the Director of the Space Test Pro-
gram, shall establish a program to competitively 
award not fewer than four launch services contracts 
for venture-class launch missions. 
(2) FUNDING.—Of the funds authorized to be 
appropriated by this Act or otherwise made available 
for fiscal year 2017 to the Secretary of the Air 
Force, not less than $27,600,000 shall be obligated 
or expended to carry out the program established 
under subsection (a). 
(c) OPERATIONALLY RESPONSIVE SPACE.— 
(1) PRIORITIZATION.—Section 2273a(c) of title 
10, United States Code, is amended— 
(A) by striking ‘‘The mission’’ and insert-
ing ‘‘(1) In accordance with paragraph (2), the 
mission’’; 
(B) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
and 
(C) by adding at the end the following new 
paragraph (2): 
‘‘(2)(A) The head of the Office shall ensure 
that, in developing the capabilities for operationally 
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responsive space, the Office prioritizes market re-
search and the identification of commercial capabili-
ties and services. 
‘‘(B) Before commencing the development of 
any program, the head of the Office shall certify to 
the congressional defense committees that no com-
mercial capability or service, with or without minor 
modifications, can meet the requirements for which 
such program is being developed.’’. 
(2) BRIEFING.—Not later than 180 days after 
the date of the enactment of this Act, the Director 
of the Office of Operationally Responsive Space shall 
provide to the congressional defense committees a 
briefing outlining any rapid acquisition authority 
available to any other official of the Department of 
Defense that is not also available to the Director. 
(d) EVALUATION OF LAUNCH SERVICES BACKUP.— 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2017 for the 
Air Force for foreign comparative testing, not less than 
$4,000,000 shall be obligated or expended to conduct 
studies on the potential for non-domestic launch services 
providers domiciled on the territory of allies of the United 
States to serve as a backup to perform national security 
missions. 
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SEC. 107. AIR FORCE SATELLITE CONTROL NETWORK. 
(a) AIR FORCE SATELLITE CONTROL NETWORK.— 
Not later than January 1, 2018, the Secretary of the Air 
Force shall enter into a contract with a private entity to 
fully carry out the day-to-day operations of the Satellite 
Control Network of the Air Force. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report that in-
cludes— 
(1) the detailed strategy of the Secretary to 
carry out subsection (a); and 
(2) an assessment of the use of a private entity 
to conduct all day-to-day constellation operations, 
not including mission planning and warfighting op-
erations. 
(c) BRIEFINGS.—Not later than 180 days after the 
date on which the Secretary submits the report under sub-
section (b), and every 180 days thereafter through Janu-
ary 1, 2020, the Secretary shall provide Congress with a 
briefing on carrying out subsection (a). 
SEC. 108. REMOTE SENSING. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the National Geospatial-Intelligence Agency 
and National Reconnaissance Office should continue 
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efforts to implement innovative technology upgrades, 
flexible licensing and sharing policies, analytic capa-
bility, cross-training, content-in-the-open, and use of 
international standards, such as the Open Geospatial 
Consortium; and 
(2) the National Geospatial-Intelligence Agency 
should expand the use of open-source methods and 
data to effectively answer intelligence questions. 
(b) BRIEFING.—Not later than 180 days after the 
date of the enactment of this Act, the Director of the Na-
tional Geospatial-Intelligence Agency shall provide to the 
congressional defense committees a briefing on funding re-
quirements and any new acquisition authorities necessary 
to accelerate the programs and initiatives outlined in the 
Commercial Geospatial Intelligence Strategy of the Na-
tional Geospatial-Intelligence Agency. 
SEC. 109. CONGRESSIONAL DEFENSE COMMITTEES DE-
FINED. 
In this title, the term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
TITLE II—CIVIL 
SEC. 201. DEFINITIONS. 
In this title: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of NASA. 
(2) NASA.—The term ‘‘NASA’’ means the Na-
tional Aeronautics and Space Administration. 
SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINIS-
TRATION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) lack of consistency in leadership along with 
budget uncertainty in out-years makes it extremely 
difficult for NASA to have a clear purpose or mis-
sion; and 
(2) NASA should undergo reorganization, alter-
ing its mission with a clearer focus, ridding itself of 
extraneous responsibilities handled elsewhere within 
the Federal Government or private industry, and 
standardizing activities across the whole of NASA. 
(b) PURPOSE.—The purpose of this title is to provide 
NASA with clearer congressional intent, budget clarity, 
and stability in leadership. 
(c) PIONEERING DOCTRINE.— 
(1) IN
GENERAL.—Title 51, United States 
Code, is amended— 
(A) in section 20102— 
(i) in subsection (d)— 
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(I) by striking paragraphs (4), 
(5), and (9); 
(II) by redesignating paragraphs 
(6), (7), and (8) as paragraphs (4), 
(5), and (6), respectively; and 
(III) by amending paragraphs (1) 
through (3) to read as follows: 
‘‘(1) The expansion of the human sphere of in-
fluence throughout the Solar System. 
‘‘(2) To be among those who first arrive at a 
destination in space and to open it for subsequent 
use and development by others. 
‘‘(3) To create and prepare infrastructure pre-
cursors in support of the future use and develop-
ment of space by others.’’; 
(ii) by amending subsection (e) to 
read as follows: 
‘‘(e) PIONEERING
DOCTRINE.—Congress declares 
that the general welfare of the United States requires that 
the unique competence in scientific and engineering sys-
tems of the Administration also be directed toward the 
pioneering of space. The objectives of such pioneering 
shall be to increase access to destinations in space, explore 
the possible options for development at these destinations, 
demonstrate the engineering feasibility of such develop-
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ment, and transition those activities to Federal agencies 
outside of the Administration or persons or entities out-
side of the Federal Government.’’; 
(iii) by striking subsection (f) and re-
designating subsections (g) and (h) as sub-
sections (f) and (g), respectively; and 
(iv) in subsection (g) (as so redesig-
nated), by striking ‘‘(g)’’ and inserting 
‘‘(f)’’; 
(B) in section 20103— 
(i) by amending paragraph (1) to read 
as follows: 
‘‘(1) AERONAUTICAL AND SPACE ACTIVITIES.— 
The term ‘aeronautical and space activities’ means— 
‘‘(A) research into, and the solution of, 
problems of flight— 
‘‘(i) within the Earth’s atmosphere; 
‘‘(ii) to or from space through the 
Earth’s atmosphere; and 
‘‘(iii) beyond the Earth’s atmosphere; 
‘‘(B) the development, construction, test-
ing, and operation for pioneering purposes of 
aeronautical and space vehicles; and 
‘‘(C) such other activities as may be re-
quired for the pioneering of space.’’; and 
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(ii) by adding at the end the fol-
lowing: 
‘‘(3) SPACE.—The term ‘space’ means the do-
main beyond the Earth’s atmosphere.’’; and 
(C) in section 20112— 
(i) by striking subsection (b); 
(ii) by striking ‘‘(a) PLANNING, DI-
RECTING, 
AND
CONDUCTING
AERO-
NAUTICAL
AND
SPACE
ACTIVITIES.—’’; 
and 
(iii) in paragraph (2), by striking ‘‘the 
scientific community in planning scientific 
measurements’’ and inserting ‘‘future uti-
lizers of space destinations, including com-
mercial entities, the scientific community, 
and academia, in planning for measure-
ments’’. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the Ad-
ministrator shall enter into an agreement with 
an independent entity outside of NASA to pre-
pare a report that— 
(i) identifies activities and assets of 
NASA that are consistent with the Pio-
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neering Doctrine described in section 
20102(e), United States Code, that should 
be consolidated or downsized; and 
(ii) identifies activities and assets of 
NASA that are inconsistent with such Pio-
neering Doctrine and identifies which such 
activities or assets should be— 
(I) transferred to other Federal 
agencies; 
(II) privatized or otherwise trans-
ferred to commercial entities; or 
(III) otherwise eliminated. 
(B) REPORT
TO
CONGRESS.—Not later 
than 1 year after the date of enactment of this 
Act, the Administrator shall submit to Congress 
the report described in subparagraph (A). 
(C) ACTION BY ADMINISTRATOR.—It is the 
sense of Congress that, not later than 30 days 
after submitting the report described in sub-
paragraph (A), the Administrator should imple-
ment any recommendations of the report that 
the Administrator is permitted by law to imple-
ment. 
(D) CONGRESSIONAL
ACTION.—It is the 
sense of Congress that, not later than 90 days 
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after receiving the report described in subpara-
graph (A), Congress should consider legislation 
that is necessary to implement all appropriate 
recommendations of such report. 
(d) ENSURING CONTINUITY
IN NASA LEADER-
SHIP.— 
(1) ADMINISTRATOR.—Section 20111 of title 
51, United States Code, is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘ADMINISTRATOR.— 
There is established’’ and inserting ‘‘AD-
MINISTRATOR.— 
‘‘(1) IN GENERAL.—There is established’’; 
(ii) in paragraph (1) (as designated 
by clause (i) of this subparagraph)— 
(I) by inserting ‘‘, pursuant to 
paragraph (2),’’ after ‘‘who shall be 
appointed’’; and 
(II) by inserting ‘‘The term of 
the Administrator shall be 5 years.’’ 
after ‘‘and activities thereof.’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(2) NOMINATIONS.—The President shall ap-
point the Administrator pursuant to paragraph (1), 
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from among the list of nominees provided by the 
vacating Administrator and the commission estab-
lished in section 202(d)(2) of the American Space 
Renaissance Act.’’. 
(2) COMMISSION.— 
(A) ESTABLISHMENT.—There is estab-
lished a standing commission to be known as 
the NASA Leadership and Advising Commis-
sion (in this paragraph referred to as the 
‘‘Commission’’). 
(B) DUTIES.—The Commission shall— 
(i) provide to the President rec-
ommendations for nominees to serve as 
Administrator of NASA each time there is 
a vacancy in the office, in accordance with 
section 20111(a) of title 51, United States 
Code; 
(ii) provide to Congress, NASA, the 
Office of Management and Budget, and 
the Office of Science and Technology Pol-
icy, an analysis of, and recommendations 
for changes to, each long-term plan sub-
mitted by the Administrator pursuant to 
subsection (e)(4); and 
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propriate, the members shall appoint an appro-
priate alternative. 
(E) TERMS.— 
(i) IN GENERAL.—Except as provided 
in clauses (ii) and (iii), each member, in-
cluding the Chairperson, shall be appointed 
for a term of 5 years that is renewable 
without limitation. 
(ii) 
TERMS
OF
INITIAL
AP-
POINTEES.—Of the 4 initial members ap-
pointed by each of the officials listed in 
clauses (i) through (v) of subparagraph 
(C)— 
(I) one shall be appointed for a 
term of 2 years; 
(II) one shall be appointed for a 
term of 3 years; 
(III) one shall be appointed for a 
term of 4 years; and 
(IV) one shall be appointed for a 
term of 5 years. 
(iii) VACANCIES.—Any member ap-
pointed to fill a vacancy occurring before 
the expiration of the term for which the 
member’s predecessor was appointed shall 
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be appointed only for the remainder of that 
term. A member may serve after the expi-
ration of that member’s term until a suc-
cessor has taken office. A vacancy in the 
Commission shall be filled in the manner 
in which the original appointment was 
made. 
(F) QUALIFICATIONS.—The members of 
the Commission shall include a variety of space 
and aerospace policy, engineering, technical, 
science, legal, and finance professionals. 
(G) POWERS.— 
(i) HEARINGS
AND
SESSIONS.—The 
Commission may, for the purpose of car-
rying out this paragraph, hold hearings, sit 
and act at times and places, take testi-
mony, and receive evidence as the Commis-
sion considers appropriate. 
(ii) OBTAINING OFFICIAL DATA.—The 
Commission may secure directly from any 
employee or officer of NASA information 
necessary to enable the Commission to 
carry out this paragraph. Upon request of 
the Commission, and unless otherwise pro-
hibited by law, such employee or officer 
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shall furnish such information to the Com-
mission. 
(iii) SUBPOENA
POWER.—The Com-
mission may issue subpoenas requiring the 
attendance and testimony of any witness 
and the production of any evidence relating 
to any matter which the Commission is 
empowered to investigate under this para-
graph. 
(H) PROHIBITION
ON
COMPENSATION.— 
Members of the Commission may not receive 
additional pay, allowances, or benefits by reason 
of their service on the Commission. 
(I) TRAVEL
EXPENSES.—Each member 
shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 
57 of title 5, United States Code. 
(J) MEETINGS.— 
(i) 
INITIAL
MEETING.—The 
first 
meeting of the Commission shall occur not 
later than 30 days after a quorum of mem-
bers has been appointed. 
(ii) SUBSEQUENT
MEETINGS.—The 
Commission shall meet— 
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(I) not less than once per quar-
ter; 
(II) not less than 30 days after 
the date on which the Commission re-
ceives each long-term plan submitted 
to the Commission pursuant to sub-
section (e)(4); and 
(III) at the call of the Chair-
person. 
(K) QUORUM.—11 members of the Com-
mission shall constitute a quorum. 
(L) DIRECTOR AND STAFF.—To the extent 
provided for in advance in appropriations Acts, 
the Commission may appoint and fix the pay 
rate of a Director, a Press Secretary, and not 
more than 5 additional staff members, to sup-
port the duties of the Commission under this 
paragraph. 
(e) LONG-TERM PLANS.— 
(1) IN GENERAL.—The Administrator shall de-
velop a 10-year plan and a 20-year plan in accord-
ance with this subsection. 
(2) 20-YEAR PLAN.—The 20-year plan required 
under this subsection shall outline broad goals for 
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NASA for the 20-year period beginning with the 
year in which the plan is developed. 
(3) 10-YEAR PLAN.—The 10-year plan required 
under this subsection shall provide specific objectives 
and budget profiles, based on the broad goals out-
lined in the 20-year plan, for the 10-year period be-
ginning with the year in which the plan is developed. 
(4) REPORT.—Not later than 1 year after the 
date of enactment of this Act, and every 5 years 
thereafter, the Administrator shall submit to Con-
gress and to the NASA Leadership and Advising 
Commission the most recent 10-year plan and 20- 
year plan developed under this subsection. 
(f) MULTI-YEAR FUNDING.— 
(1) BUDGET SUBMISSION.—Beginning with the 
annual budget submission for fiscal year 2018 and 
for each fiscal year thereafter the Administrator 
shall submit a multi-year budget request for NASA. 
(2) RULES ON APPROPRIATIONS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, beginning in fiscal year 
2018, any amounts made available for NASA 
shall be multi-year appropriations or no-year 
appropriations. 
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(B) POINT OF ORDER.—In the House of 
Representatives, it shall not be in order to con-
sider any provision of a general appropriations 
Act, or any amendment thereto or conference 
report thereon, providing appropriations for 
NASA unless the funds appropriated therein 
are multi-year or no-year appropriations. The 
point of order provided under the previous sen-
tence may be waived if the Chairperson of the 
Committee on Science, Space, and Technology 
files a statement with the Speaker that the one- 
year funding is appropriate for that reason. 
(3) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There are authorized to 
be appropriated to NASA, to remain available 
for obligation until expended, for the purposes 
described in subparagraph (B)— 
(i) for fiscal year 2017, $250,000,000; 
and 
(ii) for each fiscal year thereafter, 
such sums as are necessary so that the 
amount available to the Administrator for 
such fiscal year under this paragraph is a 
total of $250,000,000. 
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(B) PURPOSES.—The Administrator may 
use amounts appropriated under subparagraph 
(A) to supplement spending for— 
(i) NASA aeronautics and exploration 
programs, projects, or activities subject to 
development challenges; and 
(ii) NASA infrastructure repair, main-
tenance, and upgrades. 
(g) ACCOUNTABILITY.— 
(1) PROGRAMS
THAT
EXCEED
COST
PROJEC-
TIONS.— 
(A) CONGRESSIONAL OVERSIGHT.—The di-
rectorate head of any program of NASA, or the 
head of any program of another agency for 
which NASA is the acquisition or procurement 
agent, that exceeds program life cost projec-
tions by less than 30 percent but not less than 
15 percent shall, for each such fiscal year— 
(i) be available to testify not less than 
once before the Committee on Science, 
Space, and Technology of the House of 
Representatives and once before the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate, if requested to do 
so by such committees; and 
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(ii) ensure that staff of such program 
are available to update the staff of such 
committees on the status of the program 
not less than once during each fiscal quar-
ter. 
(B) CANCELLATION.—Any program of 
NASA that exceeds program life cost projec-
tions by not less than 30 percent shall be can-
celled and the Administrator shall not expend 
any additional funds on the program, other 
than termination costs, unless Congress author-
izes continuation of the program by law not 
later than 6 months after the end of the first 
fiscal year in which the program first began to 
exceed such cost projections by such percentage. 
(2) 
AUTOMATIC
REMOVAL
OF
ADMINIS-
TRATOR.— 
(A) NASA 
INSPECTOR
GENERAL
RE-
PORT.—Not later than 6 months after the date 
of enactment of this Act, the NASA Inspector 
General shall submit to the Committee on 
Science, Space, and Technology of the House of 
Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, the 
President, the NASA Leadership and Advising 
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Commission, and the Administrator a report 
recommending a mechanism for the automatic 
removal of an Administrator who has failed to 
achieve certain goals, which shall take into ac-
count— 
(i) the number of programs of NASA 
that exceed cost projections during the ten-
ure of the Administrator; 
(ii) the number of programs of NASA 
experiencing significant delays with respect 
to targeted milestones, launches, or deploy-
ments during the tenure of the Adminis-
trator; and 
(iii) lack of adherence to, or failure to 
complete, benchmarks in the long-term 
plans developed by the Administrator pur-
suant to subsection (e). 
(B) IMPLEMENTATION.—Not later than 60 
days after receipt by the Administrator of the 
report required under subparagraph (A), NASA 
shall implement the mechanism outlined in the 
report. 
(3) COST PROJECTION.—For purposes of this 
subsection, the term ‘‘cost projection’’ means, with 
respect to a program of NASA, the cost commitment 
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of such program as outlined in the Program Memo-
randum officially documenting the outcome of Key 
Decision Point A, and for the purposes of this sub-
section subject to the concurrence of the Committee 
on Appropriations and the Committee on Science, 
Space, and Technology of the House of Representa-
tives and the Committee on Appropriations and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(h) TRANSITION OF TECHNOLOGIES AND CAPABILI-
TIES.—NASA shall, whenever practicable and appro-
priate, transition technologies and capabilities to actors 
outside of NASA, including individuals, corporations, aca-
demic institutions, and nonprofit organizations, to the ex-
tent that doing so will not threaten national security. Such 
transfers shall be conducted in a transparent manner, and 
no such transfer shall infringe on intellectual property 
rights or other such clauses in NASA contracts. 
(i) LIABILITY INSURANCE AND FINANCIAL RESPON-
SIBILITY REQUIREMENTS.— 
(1) AMENDMENT.—Section 20138 of title 51, 
United States Code, is amended by adding at the 
end the following: 
‘‘(g) LAUNCH SERVICES PROGRAM.— 
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‘‘(1) LIABILITY INSURANCE AND FINANCIAL RE-
SPONSIBILITY REQUIREMENTS.— 
‘‘(A) GENERAL
REQUIREMENTS.—A pro-
vider that enters into a contract with NASA for 
a launch or reentry under the NASA Launch 
Services Program shall obtain liability insur-
ance or demonstrate financial responsibility in 
amounts to compensate for the maximum prob-
able loss from claims by— 
‘‘(i) a third party for death, bodily in-
jury, or property damage or loss resulting 
from an activity carried out during launch 
or reentry; and 
‘‘(ii) a Federal, State, or local govern-
ment against a person for damage or loss 
to Federal, State, or local government 
property resulting from an activity carried 
out during launch or reentry. 
‘‘(B) AMOUNTS.—The Administrator shall 
determine the amounts required under subpara-
graph (A) of this paragraph. 
‘‘(C) TOTAL CLAIMS.—For the total claims 
related to one launch or reentry, a provider is 
not required to obtain insurance or demonstrate 
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financial responsibility of more than the lesser 
of— 
‘‘(i) for a claim described in— 
‘‘(I) 
subparagraph 
(A)(i), 
$500,000,000; or 
‘‘(II) 
subparagraph 
(A)(ii), 
$100,000,000; or 
‘‘(ii) the maximum liability insurance 
available on the world market at reason-
able cost. 
‘‘(D) COVERAGE.—An insurance policy or 
demonstration of financial responsibility under 
this paragraph shall protect the following, to 
the extent of their potential liability for involve-
ment in launch services or reentry services, at 
no cost to the Government: 
‘‘(i) The Government and personnel, 
contractors, and subcontractors of the Gov-
ernment. 
‘‘(ii) Contractors, subcontractors, and 
customers of the provider. 
‘‘(iii) Contractors and subcontractors 
of the customer. 
‘‘(iv) Government astronauts. 
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‘‘(2) DETERMINATION OF MAXIMUM PROBABLE 
LOSSES.—The Administrator shall determine the 
maximum probable losses under paragraph (1)(A)(i) 
and (ii) of this subsection associated with an activity 
under a contract described in this subsection not 
later than 90 days after a provider requires a deter-
mination and submits all information the Adminis-
trator requires. The Administrator shall amend the 
determination as warranted by new information. 
‘‘(3) ANNUAL REPORT.— 
‘‘(A) DETERMINATIONS.—Not later than 
November 15 of each year, the Administrator 
shall submit to the Committee on Science, 
Space, and Technology of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a re-
port on current determinations made under 
paragraph (2) of this subsection related to all 
contracts described in this subsection and the 
reasons for the determinations. 
‘‘(B) ADJUSTMENTS.—Not later than May 
15 of each year, the Administrator shall review 
the amounts specified in paragraph (1)(C)(i) of 
this subsection and submit a report to Congress 
that contains proposed adjustments in the 
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amounts to conform with changed liability ex-
pectations and availability of insurance on the 
world market. The proposed adjustment takes 
effect 30 days after a report is submitted. 
‘‘(4) 
COLLECTION
AND
CREDITING
PAY-
MENTS.—The Administrator shall collect a payment 
owed for damage or loss to Government property 
under NASA jurisdiction or control resulting from 
an activity carried out under a contract described in 
this subsection. The payment shall be credited to the 
current applicable appropriation, fund, or account of 
NASA. 
‘‘(5) FEDERAL JURISDICTION.—Any claim by a 
third party or space flight participant for death, 
bodily injury, or property damage or loss resulting 
from an activity carried out under a contract de-
scribed in this subsection shall be the exclusive juris-
diction of the Federal courts.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 
2019. 
SEC. 203. HUMAN MISSION TO MARS. 
(a) FINDINGS.—Congress finds the following: 
(1) In section 204 of the National Aeronautics 
and Space Administration Authorization Act of 2010 
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(42 U.S.C. 18301 et seq.), Congress required NASA 
to contract with the National Academies to perform 
a study of human spaceflight. 
(2) The National Research Council of the Na-
tional Academies released a report entitled ‘‘Path-
ways to Exploration: Rationales and Approaches for 
a U.S. Program of Human Space Exploration’’ in 
June of 2014. The report called for Mars to be the 
‘‘horizon goal’’ for human space exploration. 
(3) NASA continues to request funding levels, 
follow strategies, and pursue missions that the Na-
tional Research Council report identified as problem-
atic. 
(4) NASA has yet to provide adequate details 
or funding requests for a plan to successfully send 
American astronauts to Mars. 
(5) Billions of dollars have been invested in the 
Space Launch System and Orion capsule, which rep-
resent core elements of deep space exploration sys-
tems farthest along in development. 
(b) SENSE OF CONGRESS.—The following is the sense 
of Congress: 
(1) NASA should request budget levels, and 
Congress should continue to appropriate funds and 
carry out stringent oversight necessary to keep the 
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Space Launch System and Orion capsule on track 
and on budget. 
(2) Congress should prioritize funding within 
NASA to meet the budget requirements of sending 
American astronauts to Mars. 
(3) NASA should utilize the Moon and cislunar 
space in order to accomplish the goal of sending 
American astronauts to Mars. 
(4) NASA should utilize commercial assets, 
when practicable and available, to support explo-
ration beyond Earth orbit, including to Mars. 
(c) MISSION TO MARS.—Until Americans land on 
Mars, NASA’s main human spaceflight priority shall be 
to land Americans on Mars. 
(d) ACTIVITIES RELATED TO MISSION.—Whenever 
possible, NASA aeronautics and exploration directorates 
shall seek to avoid developing technologies and capabilities 
that do not have applicability across multiple directorates, 
programs, or activities, including missions to Mars. 
(e) INTERNATIONAL PARTNERSHIPS.—NASA shall, 
whenever practicable and not restricted by law— 
(1) seek to secure specific investments in capa-
bilities and technologies needed for deep space explo-
ration; and 
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(2) clearly communicate what capabilities and 
technologies are being pursued through international 
partnerships. 
(f) STRATEGIC PLANNING.— 
(1) LANDING ON MARS.—The first 20-year plan 
required under section 202(e)(1) shall designate a 5- 
year range by which NASA intends for American as-
tronauts to land on the surface of Mars. NASA shall 
include an update of this range in any subsequent 
20-year plan developed before such landing occurs. 
(2) 
NATIONAL
RESEARCH
COUNCIL
CON-
CERNS.—The first 10-year plan required under sec-
tion 202(e)(1) shall address the concerns raised by 
the National Research Council report described in 
subsection (a)(3), including concerns regarding 
budget projections, the launch frequency of the 
Space Launch System, and the efficacy of the Aster-
oid Redirect Mission. Specifically, the plan shall— 
(A) provide for the cancellation of the As-
teroid Redirect Mission, unless NASA can com-
pellingly demonstrate the mission’s utility; 
(B) explain how NASA intends to avoid 
missions that lead to dead end technologies; 
and 
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(C) explain how NASA will look at all op-
tions to maximize the utility of early launches 
of the Space Launch System, including pay-
loads (such as pressurized habitable modules) 
and experiments. 
(3) CONTINUOUS
PRESENCE
BEYOND
LOW- 
EARTH ORBIT.—Each 10-year plan and 20-year plan 
required under section 202(e)(1) shall specify how 
NASA intends to maintain a permanent human 
presence beyond low-Earth orbit. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to supersede NASA’s long-term 
goal of human space flight and exploration, as provided 
in section 202(a) of the National Aeronautics and Space 
Administration Authorization Act of 2010 (42 U.S.C. 
18312(a)), to expand permanent human presence beyond 
low-Earth orbit and to do so, where practical, in a manner 
involving international partners. 
SEC. 204. HUMAN PRESENCE IN LOW-EARTH ORBIT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States should maintain a contin-
uous human presence in low-Earth orbit; and 
(2) activities related to the transport of cargo 
and crew, development operations, and on-orbit habi-
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tats necessary for the purpose of housing Govern-
ment astronauts and science experiments, should, to 
the maximum extent practicable, be the purview of 
the commercial sector. 
(b) INTERNATIONAL SPACE STATION.— 
(1) PLAN.—NASA shall formulate a plan for 
the remaining life of the International Space Station 
and continued human presence in low-Earth orbit, 
which shall be included in the first 10-year plan re-
quired under section 202(e)(1) and any subsequent 
10-year plans as necessary. The plan required under 
this paragraph shall— 
(A) describe how NASA intends to maxi-
mize the scientific utilization of the Inter-
national Space Station; 
(B) include specific objectives, such as as-
tronaut missions and science experiments, to be 
carried out during the remaining life of the 
International Space Station; 
(C) explore options for turning over the 
International Space Station to commercial oper-
ators; 
(D) identify a transition strategy for the 
end of the United States commitment to the 
International Space Station; 
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(E) be coordinated in conjunction with all 
countries partner to the International Space 
Station; 
(F) explore options for NASA’s continued 
involvement in the International Space Station 
in the event it is turned over to commercial op-
erators; and 
(G) seek to ensure a return on investment 
to United States taxpayers. 
(2) FUNDING.—It is the sense of Congress that 
the International Space Station should be fully fund-
ed in accordance with the President’s annual budget 
request for the remainder of its needed life. 
(3) TRANSITION STRATEGY.—NASA shall im-
plement a transition strategy for continued human 
presence in low-Earth orbit identified in the plan 
pursuant to paragraph (1)(D) as soon as NASA de-
termines that commercial habitats meet the require-
ments published pursuant to subsection (c)(1) and a 
demonstration has been successfully completed pur-
suant to subsection (c)(2). 
(c) COMMERCIAL HABITATS.— 
(1) PUBLICATION
OF
REQUIREMENTS.—Not 
later than 1 year after the date of enactment of this 
Act, NASA shall, in coordination with the Commer-
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cial Space Transportation Advisory Committee, de-
velop and publish the requirements it considers nec-
essary for commercial contractors to provide on-orbit 
habitats to meet the human exploration and science 
missions of NASA, including housing Government 
astronauts and conducting scientific experiments. 
(2) PILOT PROGRAM.—Not later than December 
31, 2018, NASA shall establish a Commercial Habi-
tat Pilot Program to demonstrate the viability of 
using commercially built on-orbit habitats that meet 
the requirements published pursuant to paragraph 
(1). Under the Pilot Program, NASA shall enter 
into not less than 1 competitively bid agreement 
with a private sector entity to demonstrate the via-
bility and capabilities of crewed commercial low 
Earth orbit platforms. Any such an agreement shall 
include a commitment by the commercial partner to 
fund the development and construction of the private 
sector low-Earth orbit platform. If the private sector 
entity is successful in funding the fabrication of such 
a platform, the agreement with NASA shall— 
(A) provide for the launch of the platform 
via the addition of a launch to the Commercial 
Resupply Services program; and 
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(B) include a contingent contract for 
NASA to utilize no less than 50 percent of the 
volume of the low-Earth orbit platform for an 
initial 3-year term. 
(d) COMMERCIAL PARTNERSHIPS
FOR RESUPPLY 
AND CREW OF THE INTERNATIONAL SPACE STATION AND 
FUTURE LOW-EARTH ORBIT PLATFORMS.— 
(1) IN GENERAL.—NASA shall continue to uti-
lize partnerships with commercial entities for resup-
ply and crew movement for as long as the United 
States maintains a human presence in low-Earth 
orbit. 
(2) FUNDING.—It is the sense of Congress that 
NASA should request budget levels, and Congress 
should continue to appropriate funds and carry out 
stringent oversight, necessary to keep the Commer-
cial Crew and Commercial Resupply programs on 
track and on budget. 
(e) PRIORITY FOR UNITED STATES ENGINES.— 
(1) IN GENERAL.—For any mission for which 
NASA solicits bids for launch providers beginning 
after December 31, 2022, NASA shall consider any 
such bid that proposes to use an engine built in the 
United States as 25 percent less than the total cost 
of the bid. 
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(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘engine built in the United States’’ 
means an engine which meets the requirements of 
the Buy American Act (41 U.S.C. 8301 et seq.). 
(f) INTERNATIONAL
PARTNERSHIPS.—Nothing in 
this section shall be construed to limit NASA’s ability to 
enter into and utilize international partnerships for space 
exploration beyond low-Earth orbit. 
(g) SPACE ACT AGREEMENTS.—NASA shall, when 
practicable and not restricted by law, continue to enter 
into and utilize Space Act Agreements or other mecha-
nisms for partnering with the commercial space sector. 
SEC. 205. SPACE DEBRIS REMEDIATION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the growing population of orbital space de-
bris poses a significant threat to the safety and cost- 
effectiveness of future civil, commercial, and national 
security space activities in critical regions of Earth 
orbit; 
(2) scientific research conducted by NASA and 
other international space agencies concludes that the 
amount of orbital space debris will continue to grow 
at an accelerating rate unless steps are taken to re-
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mediate at least some of the existing orbital space 
debris; and 
(3) the United States Government does not cur-
rently have a coherent plan for developing the capa-
bilities for space debris remediation. 
(b) SPACE DEBRIS REMEDIATION.—Not later than 
1 year after the date of enactment of this Act, the Admin-
istrator, working in collaboration with the Department of 
Defense, the National Oceanic and Atmospheric Adminis-
tration, and the Federal Aviation Administration, shall 
submit to Congress a report on the feasibility of remedi-
ating orbital space debris to reduce the collision risk for 
future space activities. The report shall address factors 
that include— 
(1) an assessment of the types of orbital space 
debris and orbital altitudes that are the highest pri-
ority for remediation; 
(2) a cost-benefit analysis of remediating the 
high priority space debris objects; 
(3) an assessment of the available technologies 
and policies to perform such remediation and any 
gaps that need to be addressed; 
(4) the feasibility of conducting a competitive 
bid process or prize competition to develop private 
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sector space debris remediation services that can be 
purchased by the United States Government; and 
(5) an assessment of Federal agency roles and 
responsibilities to provide oversight of remediation 
activities. 
SEC. 206. GAO REPORT ON INSURING NASA CLASS C AND 
CLASS D PAYLOADS AND CARGO. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to the 
Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the feasibility of NASA insuring its Class C and Class 
D payloads and cargo, including— 
(1) the feasibility of insuring such payloads for 
a period of time that begins at the time of ignition 
and ends— 
(A) at the time when the payload is de-
ployed into its intended orbit; or 
(B) 1 year after the date on which the 
payload is deployed into its intended orbit; 
(2) any risk such insurance will place on United 
States taxpayers; 
(3) any effect of such insurance on launch 
prices; and 
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(4) the feasibility of requiring launch providers 
to include in launch bids the cost of providing first 
party insurance of such payloads. 
TITLE III—COMMERCIAL 
SEC. 301. OFFICE OF COMMERCIAL SPACE TRANSPOR-
TATION. 
(a) FINDINGS.—Congress finds the following: 
(1) The commercial space industry is rapidly 
expanding and holds enormous potential for innova-
tion and economic growth for the United States. 
(2) The Office of Commercial Space Transpor-
tation of the Federal Aviation Administration plays 
a critical role in facilitating commercial space activi-
ties, and inadequate funding could hinder the indus-
try. 
(b) REAUTHORIZATION.—Section 50921 of title 51, 
United States Code, is amended— 
(1) by striking paragraphs (1) through (5) and 
inserting the following: 
‘‘(1) $43,200,000 for fiscal year 2017; 
‘‘(2) $55,500,000 for fiscal year 2018; 
‘‘(3) $66,000,000 for fiscal year 2019; 
‘‘(4) $80,500,000 for fiscal year 2020; and 
‘‘(5) $99,000,000 for fiscal year 2021.’’; 
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(2) by striking ‘‘There are’’ and inserting ‘‘(a) 
There are’’; and 
(3) by adding at the end the following: 
‘‘(b) The Assistant Secretary for Commercial Space 
Transportation shall serve as the Associate Administrator 
for Commercial Space Transportation.’’. 
(c) ESTABLISHMENT OF ASSISTANT SECRETARY FOR 
COMMERCIAL SPACE TRANSPORTATION.—Section 102(e) 
of title 49, United States Code, is amended— 
(1) in paragraph (1) by striking ‘‘6’’ and insert-
ing ‘‘7’’; and 
(2) in paragraph (1)(A) by inserting ‘‘an As-
sistant Secretary for Commercial Space Transpor-
tation,’’ after ‘‘an Assistant Secretary for Research 
and Technology,’’. 
(d) WORKLOAD METRIC.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of enactment of this Act, the Assist-
ant Secretary for Commercial Space Transportation 
shall develop a metric for the workload of the Office. 
(2) CONTENTS OF METRIC.—In developing the 
metric required under paragraph (1), the Assistant 
Secretary shall take into consideration the conclu-
sions and recommendations contained in the report 
by the Government Accountability Office entitled 
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‘‘Federal 
Aviation 
Administration: 
Commercial 
Space Launch Industry Developments Present Mul-
tiple Challenges’’ published in August 2015. 
(3) REPORT TO CONGRESS.—Section 50923 of 
title 51, United States Code, is amended— 
(A) in paragraph (1) by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) uses the workload metric developed under 
section 301(c) of the American Space Renaissance 
Act.’’. 
(e) REGULATIONS REQUIRED.— 
(1) Not later than 1 year after the date of en-
actment of this Act, the Assistant Secretary shall 
issue a notice of proposed rulemaking to— 
(A) update the regulations that are under 
the authority of the Office contained in part 
400 of title 14, Code of Federal Regulations, 
prioritizing the regulations in subchapter C of 
such part, to move to a performance-based ap-
proach to regulating the United States commer-
cial space industry; and 
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(B) carry out this Act and the amend-
ments made by this Act. 
(2) Not later than 3 years after the Secretary 
issues the regulations under paragraph (1), and 
every 3 years thereafter, the Secretary shall review 
all regulations under the authority of the Office and 
update such regulations as necessary. 
SEC. 302. OFFICE OF SPACEPORTS. 
(a) IN GENERAL.—Chapter 509 of title 51, United 
States Code, is amended— 
(1) in section 50902, by adding at the end the 
following new paragraph: 
‘‘(26) ‘spaceport’ means any facility directly re-
lated to enabling spacecraft to launch or reentry, but 
only if such facility is located at, or in close prox-
imity to, a launch site or reentry site that is a 
launch site operator licensed by the Federal Aviation 
Administration.’’; and 
(2) by adding at the end the following: 
‘‘§ 50924. Office of Spaceports 
‘‘(a) FINDING.—Congress finds that a robust net-
work of space transportation infrastructure, including 
commercial spaceports, is vital to the growth of the domes-
tic commercial space industry. 
‘‘(b) ESTABLISHMENT.— 
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‘‘(1) IN GENERAL.—The Secretary shall estab-
lish, within the Office of Commercial Space Trans-
portation, an Office of Spaceports to support, pro-
mote, enable, establish, and oversee domestic com-
mercial spaceports. 
‘‘(2) RECOGNITION.—In carrying out paragraph 
(1), the Secretary shall recognize the unique needs 
and distinctions of spaceports that launch to orbit 
and those that are involved in suborbital launch ac-
tivities. 
‘‘(c) DIRECTOR.—The Assistant Secretary for Com-
mercial Space Transportation shall designate a Director 
of the Office of Spaceports.’’. 
(b) SPACE
TRANSPORTATION
INFRASTRUCTURE 
MATCHING GRANTS.— 
(1) DEFINITION.—Section 51101 of title 51, 
United States Code, is amended by adding at the 
end the following: 
‘‘(7) ‘Secretary of Transportation’ and ‘Sec-
retary’ (as used in reference to the Secretary of 
Transportation) mean the Secretary of Transpor-
tation, acting through the Director of the Office of 
Spaceports.’’. 
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(2) FUNDING.—Section 51102 of title 51, 
United States Code, is amended by adding at the 
end the following: 
‘‘(c) FUNDING.—Of the amounts made available to 
the Secretary under section 48103 of title 49, one-half of 
1 percent shall be set aside for project grants under this 
chapter.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) The analysis for chapter 509 of title 51, 
United States Code, is amended by adding at the 
end the following: 
‘‘50924. Office of Spaceports.’’. 
(d) GAO STUDY AND REPORT.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study regarding space-
port activities carried out pursuant to chapter 509 
of title 51, United States Code, including— 
(A) funding options such as establishing a 
common user fee for launch providers or launch 
customers; 
(B) the adaptation of compliance require-
ments of the Airport Improvement Program for 
the unique operation of spaceports; and 
(C) any necessary changes to improve the 
spaceport application review process. 
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(2) USER-FUNDED SPACEPORTS.—In reviewing 
funding options described under paragraph (1)(A), 
the Comptroller General shall distinguish between 
spaceports that are user-funded and those that are 
not. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall submit to Congress a report containing the 
study required under paragraph (1). 
(e) DOT REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the Secretary of Defense, the Administrator of 
the National Oceanic and Atmospheric Administration, 
and the Administrator of the National Aeronautics and 
Space Administration, shall submit to Congress a report 
that— 
(1) describes the demand for launches and ways 
to improve and enhance space infrastructure; 
(2) analyzes whether additional domestic space-
ports, particularly spaceports capable of launch to 
polar orbits, are necessary to satisfy some of the de-
mand; and 
(3) outlines any potential locations for such 
spaceports. 
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(f) SPACEPORT DEVELOPMENT.—If the report under 
subsection (d) contains a recommendation of a potential 
location for a spaceport, the Assistant Secretary for Com-
mercial Space Transportation may collaborate with the ap-
plicable State government, local government, or private in-
dustry representing the area identified to facilitate the es-
tablishment and licensing of a spaceport. 
SEC. 303. SITUATIONAL AWARENESS OF OBJECTS IN EARTH 
ORBIT. 
(a) FINDINGS.—Congress finds the following: 
(1) Earth’s orbit contains spacecraft and debris 
that poses a great danger to other objects on orbit. 
(2) The threat of collisions and increased space 
debris will only increase as barriers to access to 
space become lower, and the number and types of 
governmental, international, and commercial space 
actors continue to grow. 
(3) High-fidelity situational awareness of actors 
and objects in orbit is necessary to protect access to 
space and prevent catastrophic collisions. 
(4) There are a growing number of commercial, 
academic, and international sources of space situa-
tion awareness data and analytical techniques that 
can significantly enhance the safety and efficiency of 
on-orbit activities. 
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(b) AMENDMENT TO TITLE 51.— 
(1) IN
GENERAL.—Chapter 509 of title 51, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 50925. Information and services for situation 
awareness of objects in Earth orbit 
‘‘(a) IN GENERAL.—The Secretary of Transpor-
tation— 
‘‘(1) may— 
‘‘(A) obtain data and information from an 
entity for situational awareness of an object in 
Earth orbit and the state of the space environ-
ment; and 
‘‘(B) provide information and services for 
situational awareness of an object in Earth 
orbit and the state of the space environment to 
an entity if the Secretary determines that pro-
viding such information or services contributes 
to the public health and safety, the safety of 
property, or the safety of persons in outer space 
and is consistent with the national security and 
foreign policy interests of the United States; 
and 
‘‘(2) shall establish a space situational aware-
ness Space Awareness Advisory Committee that con-
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sists of commercial, academic, international, and 
government space situational awareness data and 
analysis experts to advise the Secretary on all mat-
ters related to obtaining, and disseminating to stake-
holders, data and information regarding objects in 
Earth orbit and the state of the space environment, 
in order to ensure the protection of sensitive na-
tional security information and intellectual property 
while maximizing the accuracy of data and informa-
tion to improve safety, efficiency, and innovation. 
‘‘(b) ENTITIES.—The Secretary may provide infor-
mation and services under subsection (a) to, and may ob-
tain data and information under subsection (a) from, any 
entity, including any of the following: 
‘‘(1) A State. 
‘‘(2) A political subdivision of a State. 
‘‘(3) Any other entity of the United States Gov-
ernment. 
‘‘(4) The government of a foreign country. 
‘‘(5) A private or quasi-governmental entity or-
ganized under the laws of the United States or a 
foreign country. 
‘‘(c) AGREEMENT.—The Secretary may not provide 
information or services under subsection (a) to an entity, 
other than the United States Government or an agency 
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or instrumentality thereof, unless the entity enters into an 
agreement with the Secretary under which the entity— 
‘‘(1) agrees not to transfer any data or tech-
nical information received under the agreement, in-
cluding the analysis of data, to any other entity 
without the express approval of the Secretary; and 
‘‘(2) agrees to any other terms and conditions 
considered necessary by the Secretary. 
‘‘(d) PROCEDURES.—The Secretary shall, in con-
sultation with the Space Awareness Advisory Committee, 
establish procedures to carry out this section. 
‘‘(e) CONTRACTOR.—The Secretary shall, to the ex-
tent practicable, provide information or services under this 
section through a contractor. 
‘‘(f) IMMUNITY.—The United States, any agencies 
and instrumentalities thereof, and any individuals, firms, 
corporations, and other persons acting for the United 
States, shall be immune from any suit in any court for 
any cause of action arising from the provision or receipt 
of space situational awareness information or services, 
whether or not provided in accordance with this section, 
or any related action or omission. 
‘‘(g) NONDISCLOSURE.—Any information received 
under subsection (a), records of agreements entered into 
under subsection (c), or analyses or data provided as a 
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part of the provision of services or information under this 
section shall be exempt from disclosure under section 
552(b)(3) of title 5. 
‘‘(h) IMPLEMENTATION PLAN.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of enactment of this section, the Sec-
retary of Transportation, in coordination with the 
Secretary of Defense, the Secretary of State, the 
Secretary of Commerce, the Administrator of the 
National Aeronautics and Space Administration, the 
Director of National Intelligence, and the heads of 
such other Government departments and agencies as 
the Secretary considers appropriate, shall develop an 
implementation plan to establish the capability to 
provide information and services under subsection 
(a). 
‘‘(2) SUBMISSION.—The Secretary shall submit 
the implementation plan to the following congres-
sional committees: 
‘‘(A) The Select Committee on Intelligence 
of the Senate. 
‘‘(B) The Permanent Select Committee on 
Intelligence of the House of Representatives. 
‘‘(C) The Committee on Armed Services of 
the Senate. 
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‘‘(D) The Committee on Armed Services of 
the House of Representatives. 
‘‘(E) 
The 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate. 
‘‘(F) The Committee on Transportation 
and Infrastructure of the House of Representa-
tives. 
‘‘(G) The Committee on Science, Space, 
and Technology of the House of Representa-
tives. 
‘‘(3) EXECUTION.—Not later than 1 year after 
the submission of the implementation plans under 
paragraph (2), the Secretary of Transportation, in 
coordination with the Secretary of Defense, the Sec-
retary of State, the Secretary of Commerce, the Ad-
ministrator of the National Aeronautics and Space 
Administration, the Director of National Intel-
ligence, and the heads of such other Government de-
partments and agencies as the Secretary considers 
appropriate, shall initiate the implementation plan, 
including the testing of the capabilities necessary to 
carry out the objectives in subsection (a)(1).’’. 
(2) CONFORMING AMENDMENTS.— 
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(A) The analysis for chapter 509 of title 
51, United States Code, is amended by adding 
at the end the following: 
‘‘50925. Information and services for situation awareness of objects in Earth 
orbit.’’. 
(B) Section 50917(a) of such title is 
amended by inserting ‘‘or of an agreement de-
scribed in section 50924(c)’’ before the period 
at the end. 
SEC. 304. SPACE TRAFFIC MANAGEMENT. 
(a) IN GENERAL.—Chapter 509 of title 51, United 
States Code, is further amended— 
(1) in section 50902, by adding at the end the 
following new paragraph: 
‘‘(27) ‘space traffic management’ means a set 
of technical and regulatory provisions and processes 
used to oversee, coordinate, regulate, and promote 
safe and responsible space activities.’’; and 
(2) by adding at the end the following new sec-
tion: 
‘‘§ 50926. Space traffic management 
‘‘(a) DESIGNATION.—Not later than September, 30, 
2020, the Secretary of Transportation, in coordination 
with the Secretary of Defense, the Secretary of State, the 
Secretary of Commerce, the Administrator of the National 
Aeronautics and Space Administration, the Director of 
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National Intelligence, and the heads of such other Govern-
ment departments and agencies as the Secretary considers 
appropriate, shall designate a lead Government agency for 
space traffic management activities and services except for 
activities and services related to national security assets. 
‘‘(b) ACTIVITIES.—In carrying out space traffic man-
agement activities and services, the lead agency designated 
under subsection (a)— 
‘‘(1) shall use the information and services for 
situational awareness of objects in Earth orbit col-
lected under section 50925; and 
‘‘(2) may take such actions as are necessary to 
minimize the collision of objects in Earth orbit that 
could jeopardize the safety of individuals in space, 
degrade or destroy functional satellites, or lead to 
the creation of significant amounts of orbital debris. 
‘‘(c) PROCEDURES.—Not later than September 30, 
2020, the lead agency designated under subsection (a) 
shall, by performance-based regulation, establish proce-
dures to prevent the collision of objects on orbit. Such pro-
cedures shall clearly define the rationales for actions taken 
by the lead agency under subsection (b) and the specific 
steps the lead agency will follow to reach any decisions. 
Such rationales and steps shall be clearly communicated 
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to all affected actors. In developing such procedures, the 
head of the lead agency shall consider: 
‘‘(1) Compelling the movement of space objects. 
‘‘(2) Commenting on orbital regimes for non- 
governmental space objects during the launch or 
mission licensing process. 
‘‘(3) Requiring the placement of tracking de-
vices on all objects launched into space. 
‘‘(4) Restricting unmaneuverable satellites from 
specific, highly congested orbital regions.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 509 of title 51, United States Code, is further 
amended by adding at the end the following: 
‘‘50926. Space traffic management.’’. 
(c) REPORT
ON ADJUDICATION PROCESSES.—Not 
later than 1 year after the date of enactment of this Act, 
the Secretary of Transportation, in consultation with rel-
evant departments and agencies, shall submit to Congress 
a report on adjudication processes for actors affected by 
section 50926 of title 51, United States Code (as added 
by subsection (a)). Such report shall contain statutory and 
regulatory recommendations. 
(d) PROHIBITION
ON DELEGATION
OF AUTHOR-
ITY.—No space traffic management activities described 
under section 50926 of title 51, United States Code (as 
added by subsection (a)), may be performed by the Fed-
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eral Aviation Administration Office of Air Traffic Organi-
zation nor by any other entity with responsibility for air 
traffic control. 
(e) INTERNATIONAL
STANDARDS
AND
AUTHORI-
TIES.—Upon the issuance of the regulations containing 
the procedures required under section 50925(c) of title 51, 
United States Code, the Secretary of State shall seek to 
enter into bi- and multi-lateral agreements with other 
spacefaring nations based upon such regulations in order 
to 
normalize 
standards 
and 
authorities 
amongst 
spacefaring nations. 
(f) MEETING OF NATIONS.— 
(1) MEETING OF NATIONS.—The Secretary of 
State shall seek to convene a meeting of nations to 
develop a unified international space traffic manage-
ment regime based on the norms of behavior set by 
Federal law, regulation, and any bi- or multi-lateral 
agreement in place. 
(2) COORDINATION.—In developing the regime 
under paragraph (1), the Secretary of State shall— 
(A) work in coordination with the Sec-
retary of Defense, the Secretary of Transpor-
tation, the Secretary of Commerce, the Admin-
istrator of the National Aeronautics and Space 
Administration, the Director of National Intel-
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ligence, and the heads of such other Govern-
ment departments and agencies as the Sec-
retary determines appropriate; and 
(B) when practicable, use existing multilat-
eral mechanisms such as the United Nations 
Committee on the Peaceful Uses of Outer 
Space. 
SEC. 305. SPACE-BASED DATA. 
(a) FINDINGS.—Congress finds the following: 
(1) The pace of development of new commercial 
space technologies and markets creates a beneficial 
opportunity for improving all space programs spon-
sored by the United States Government. 
(2) Industry is developing smaller, more afford-
able satellites which can be deployed in distributed 
constellations and enables cheaper launch services. 
(3) These investments from the private sector 
can address critical Government needs in space. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that all appropriate Federal agencies should explore 
how to take immediate advantage of the continued growth 
of space technologies, data, products, infrastructure, and 
services made available for commercial, market driven 
purposes, and should further establish programs to en-
courage the emergence of new commercial capabilities. 
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(c) TREATMENT
OF
COMMERCIAL
SPACE-BASED 
WEATHER DATA.—Not later than 90 days after the date 
of enactment of this Act, and consistent with United 
States law and the National Space Policy issued June 28, 
2010, the Administrator of the National Oceanic and At-
mospheric Administration shall promulgate specific rules 
regarding the Administration’s treatment of weather data 
acquired from commercial space-based systems with re-
spect to Resolution 40 of the World Meteorological Orga-
nization. Such rules shall— 
(1) ensure that the National Oceanic and At-
mospheric Administration does not release more 
than the minimum amount of data required under 
the Resolution; and 
(2) consider data release time delays, data tiers, 
and Resolution restrictions. 
(d) REPORT ON EARTH SCIENCE MISSIONS.—Not 
later than 270 days after the date of enactment of this 
Act, the Administrator of NASA, in consultation with the 
heads of other relevant Federal agencies, shall submit to 
the Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
that includes— 
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(1) an evaluation of how emerging capabilities 
in industry can provide new or alternative architec-
tures for Federal Earth science missions that rou-
tinely collect data about atmospheric, oceanic, or ter-
restrial phenomena; 
(2) an evaluation of how emerging capabilities 
in industry can provide new in-space platforms and 
services for affordable in-space technology dem-
onstration, new sensor and instrument development, 
and other applications; and 
(3) a strategy for implementing new Federal 
programs that leverage such commercial capabilities, 
products, and services more rapidly and efficiently. 
SEC. 306. DEPARTMENT OF COMMERCE SPACE-RELATED 
ACTIVITIES. 
(a) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Commerce shall provide to Congress a re-
port on feasibility and benefits of reorganizing por-
tions of the Department to better coordinate and 
support its space-related economic and regulatory 
activities. 
(2) OBJECTIVES.—Objectives of such reorga-
nization include— 
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(A) stronger Department of Commerce 
leadership in interagency functions where space 
commerce activities are either regulated or re-
viewed; and 
(B) bringing the benefits of space-based 
economic activities more directly to the atten-
tion of the Secretary. 
(3) OFFICES.—Offices to be considered for this 
reorganization are the Office of Commercial Remote 
Sensing Regulatory Affairs, the Office of Space 
Commerce, those portions of the International Trade 
Administration Bureau of Industry and Security 
that may have unique space-related functions, and 
other offices that the Secretary determines to be ap-
propriate. 
(b) PRIOR COMMENT.—Prior to the submission of the 
report to Congress, the Secretary shall allow for the Advi-
sory Committee on Commercial Remote Sensing to com-
ment on the draft report. Such comments shall be trans-
mitted to Congress along with the report. 
SEC. 307. COMMERCIAL REMOTE SENSING LICENSING RE-
FORM. 
(a) SENSE OF CONGRESS.—The following is the sense 
of Congress: 
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(1) The process for licensing commercial remote 
sensing under section 60121 of title 51, United 
States Code, should be reformed to allow license ap-
plicants to understand the legitimate and identifiable 
technical, national security, or foreign policy issues 
being considered and which specific department or 
agency is considering them, in an established, re-
sponsive timeline. 
(2) In order to protect United States leadership 
and commercial viability in remote sensing tech-
nologies, the Federal Government should not limit 
commercial entities from providing remote sensing 
capabilities or data products that are already offered 
or available in the international marketplace. 
(3) Before the Director of Commercial Remote 
Sensing Regulatory Affairs denies a license applica-
tion for, or places any restrictions on, a remote sens-
ing license, the Director should take into account 
mitigation procedures that are in place under law, 
regulation, or contract to protect national security. 
(b) DEADLINES FOR LICENSE APPLICATIONS AND 
REVIEWS.—Section 60121(c) of title 51, United States 
Code, is amended to read as follows: 
‘‘(c) DEADLINE FOR ACTION ON APPLICATION.— 
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‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the Secretary shall review any license appli-
cation and make a determination thereon within 60 
days of the receipt of such license application. 
‘‘(2) FIRST
EXTENDED
REVIEW
PERIOD.—If 
the Secretary determines that additional time is nec-
essary, the Secretary may extend the 60-day review 
period for a license application by not more than 30 
days. 
‘‘(3) SECOND
EXTENDED
REVIEW
PERIOD.— 
The Secretary may extend the extended review pe-
riod for a license application provided in paragraph 
(2) by not more than an additional 30 days only if 
the Secretary of Defense or the Director of National 
Intelligence determines that such an extension is 
necessary due to national security concerns. The 
Secretary may not extend the extended review period 
an additional 30 days if the decision for extension is 
not made within 3 days of the expiration of the re-
view period described in paragraph (2).’’. 
(c) RATIONALE FOR DENIAL.—Section 60121 of title 
51, United States Code, is amended by adding at the end 
the following: 
‘‘(f) RATIONALE FOR DENIAL.— 
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‘‘(1) DENIAL
PAPERWORK.—In any case in 
which the Secretary denies a license under this sub-
chapter, the Secretary shall provide the applicant 
with a copy of the denial within 30 days of the de-
nial, which shall identify any other Federal entity 
with which the Secretary consulted in making the 
decision. Subject to paragraph (2), the copy of the 
denial shall include a clearly articulated rationale for 
the denial. 
‘‘(2) CLASSIFIED INFORMATION.—If the ration-
ale for a denial described in paragraph (1) includes 
classified information, the Secretary shall provide to 
the applicant all such information for which the li-
cense applicant has the required security clearance. 
‘‘(3) SUBMISSION
TO
CONGRESS.—Not later 
than 30 days after a license is denied under this 
subchapter, the Secretary shall submit to Congress 
a copy of the denial and the clearly articulated ra-
tionale for the denial, including all classified infor-
mation.’’. 
(d) RETROACTIVE LICENSING RESTRICTIONS.—Com-
mercial remote sensing licensing restrictions shall only be 
changed retroactively for national security issues certified 
by the Director of National Intelligence. Should a retro-
active change occur, the affected actors shall be com-
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pensated for lost revenue from contracts signed based on 
services approved under the original license. 
(e) LIST OF APPROVED COUNTRIES FOR DIRECT 
DOWNLINK.— 
(1) IN GENERAL.—The Secretary of Commerce, 
in consultation with the Secretary of Defense and 
the Director of National Intelligence, shall keep a 
list of nations with respect to which United States 
commercial entities may receive expedited licensing 
action approval to directly downlink raw remote 
sensing data within resolution and license terms. 
(2) CONSIDERATIONS.—When determining the 
list described in paragraph (1), the Secretary shall 
consider nations where a valid export license can be 
obtained for space-related technology. 
(3) REVIEW.—The Secretary shall review the 
list described in paragraph (1) once every 2 years 
and update as necessary. 
(f) REGULATIONS.— 
(1) NOTICE OF PROPOSED RULEMAKING.—Not 
later than 3 months after the date of enactment of 
this Act, the Secretary of Commerce shall issue a 
Notice of Proposed Rulemaking to revise regulations 
contained in part 960 of title 15, Code of Federal 
Regulations, in order to create different categories of 
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remote sensing licenses, taking into consideration 
the national security concerns of the United States 
as well as— 
(A) the type of entity applying for a li-
cense, such as an academic institution or com-
mercial entity; 
(B) the intended purpose of the license, 
such as conducting research or developing oper-
ational constellations; and 
(C) whether the license is intended to be 
used for a one-time payload. 
(2) REVISION
OF
REGULATIONS.—Not later 
than 1 year after the date of enactment of this Act, 
the Secretary shall revise the regulations described 
in paragraph (1) pursuant to such paragraph. 
SEC. 308. WEATHER. 
(a) COMMERCIAL SPACE-BASED DATA BUYS.—Be-
ginning in fiscal year 2018 and each fiscal year thereafter, 
the Administrator of the National Oceanic and Atmos-
pheric Administration shall include in its annual budget 
request a line item for commercial space-based data buys. 
(b) COMMERCIAL SOLUTIONS
TO PROGRAMS
OF 
RECORD.—When practicable, the National Oceanic and 
Atmospheric Administration shall incorporate commercial 
solutions, including purchases of commercial data streams, 
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to update, augment, or serve as a follow-on to its existing 
programs of record, and shall seek to avoid starting new 
programs of record unless such commercial solutions have 
been exhausted. Before commencing the development of 
any program, the Administrator shall certify to Congress 
that no commercial capability or service, with or without 
reasonable modifications, can meet the requirements for 
which such program is being developed. 
(c) AUTHORIZATION.—For the purposes of commer-
cial space-based data buys to meet mission requirements 
of the National Environmental Satellite, Data, and Infor-
mation Service, there are authorized to be appropriated— 
(1) $15,000,000 for fiscal year 2017; 
(2) $30,000,000 for fiscal year 2018; 
(3) $55,000,000 for fiscal year 2019; 
(4) $90,000,000 for fiscal year 2020; and 
(5) $130,000,000 for fiscal year 2021. 
SEC. 309. AMERICAN SPACE COMPETITIVENESS. 
(a) ENHANCED PAYLOAD REVIEW AND DETERMINA-
TION.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that section 50904 of title 51, United 
States Code, provides the Secretary of Transpor-
tation with the authorities necessary to meet the ob-
ligations of the United States under the Treaty on 
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Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, Including the 
Moon and Other Celestial Bodies, done at Wash-
ington, London, and Moscow on January 27, 1967, 
commonly known as the Outer Space Treaty of 
1967. 
(2) REGULATIONS REQUIRED.—Not later than 
1 year after the date of enactment of this Act, the 
Assistant Secretary for Commercial Space Transpor-
tation shall issue such regulations as are necessary 
to provide for an enhanced review and determination 
process for payloads and associated activities after 
deployment pursuant to a license issued under chap-
ter 509 of title 51, United States Code. Such proc-
ess shall provide for the following: 
(A) The Assistant Secretary for Commer-
cial Space Transportation shall act as the final 
issuer of a launch or reentry license. 
(B) Review and determination by the As-
sistant Secretary, with enhanced appropriate 
coordination with and participation by the De-
partment of State, the Department of Defense, 
the Department of Commerce, NASA, the Of-
fice of the Director of National Intelligence, 
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and other Federal agencies, consistent with ap-
plicable law. 
(C) Evaluation of disclosures from a pay-
load owner or operator sufficient to determine 
if review and determination is necessary for a 
specific payload or payload class, and if review 
and determination is found necessary— 
(i) approval or denial of the planned 
activities associated with the deployed pay-
load within 60 days after submission by 
the payload owner or operator, with ap-
proval deemed if the Assistant Secretary 
does not reach a decision before the end of 
such period; 
(ii) establishment of specific condi-
tions, if necessary, that ensure the deploy-
ment of the payload and associated activi-
ties— 
(I) are consistent with the inter-
national treaty obligations of the 
United States; 
(II) do not harm the national se-
curity interests of the United States; 
(III) do not result in harmful in-
terference with approved and oper-
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