,,ii ,calendar ,no4 #cbc #aafth ,,congress #ast ,session ,s4 #iai ,report ,no4 #aaf-agb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjai,mr4 ,cruz 7for himself1 ,ms4 ,sinema1 ,mr4 ,markey1 ,mr4 ,wicker1 ,mr4 ,peters1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #aa1 #bjai,reported by ,mr4 ,wicker1 without amendment ,a ,,bill ,to reduce regulatory burdens and streamline processes related to commercial space activities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,space ,frontier ,act of #bjai4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,title ,i--,streamlining ,oversight of ,launch and ,reentry ,activities,sec4 #aja4 ,office of ,commercial ,space ,transportation4,sec4 #ajb4 ,use of existing authorities4,sec4 #ajc4 ,experimental permits4,sec4 #ajd4 ,government-developed space technology4,sec4 #aje4 ,regulatory reform4,sec4 #ajf4 ,secretary of ,transportation oversight and coordination of commercial launch and reentry operations4,sec4 #ajg4 ,study on joint use of spaceports4,sec4 #ajh4 ,airspace integration report4,title ,,ii--,streamlining ,oversight of ,nongovernmental ,earth ,observation ,activities,sec4 #bja4 ,nongovernmental ,earth observation activities4,sec4 #bjb4 ,radio-frequency mapping report4,title ,,iii--,miscellaneous,sec4 #cja4 ,promoting fairness and competitiveness for ,,nasa partnership opportunities4,sec4 #cjb4 ,maintaining a national laboratory in space4,sec4 #cjc4 ,presence in low-,earth orbit4,sec4 #cjd4 ,continuation of the ,,iss4,sec4 #cje4 ,united ,states policy on orbital debris4,sec4 #cjf4 ,low-,earth orbit commercialization program4,sec4 #cjg4 ,bureau of ,space ,commerce4 #b4 ,definitions ,in this ,act3 7#a7 ,,iss ,the term ,,iss means the ,international ,space ,station4 7#b7 ,,nasa ,the term ,,nasa means the ,national ,aeronautics and ,space ,administration4 7#c7 ,,noaa ,the term ,,noaa means the ,national ,oceanic and ,atmospheric ,administration4 ,i ,streamlining ,oversight of ,launch and ,reentry ,activities #aja4 ,office of ,commercial ,space ,transportation 7a7 ,in general ,section #ejiba of title #ea1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7b7 ,authorization of appropriations4-- before ,there and indenting appropriately2 and 7#b7 by inserting before subsection 7b71 the following3 7a7 ,associate ,administrator for ,commercial ,space ,transportation ,the ,assistant ,secretary for ,commercial ,space ,transportation shall serve as the ,associate ,administrator for ,commercial ,space ,transportation4 4 7b7 ,establishment of ,assistant ,secretary for ,commercial ,space ,transportation ,section #ajb7;e77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking #f and inserting #g2 and 7#b7 in subparagraph 7,a71 by inserting an ,assistant ,secretary for ,commercial ,space ,transportation1 after ,assistant ,secretary for ,research and ,technology14 #ajb4 ,use of existing authorities 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,secretary of ,transportation should make use of existing authorities1 including waivers and safety approvals1 as appropriate1 to protect the public1 make more efficient use of resources1 reduce the regulatory burden for an applicant for a commercial space launch or reentry license or experimental permit1 and promote commercial space launch and reentry4 7b7 ,license applications and requirements ,section #ejije of title #ea1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general 7,a7 ,applications ,a person may apply to the ,secretary of ,transportation for a license or transfer of a license under this chapter in the form and way the ,secretary prescribes4 7,b7 ,decisions ,consistent with the public health and safety1 safety of property1 and national security and foreign policy interests of the ,united ,states1 the ,secretary1 not later than the applicable deadline described in subparagraph 7,c71 shall issue or transfer a license if the ,secretary decides in writing that the applicant complies1 and will continue to comply1 with this chapter and regulations prescribed under this chapter4 7,c7 ,applicable deadline ,the applicable deadline described in this subparagraph shall be-- 7i7 for an applicant that was or is a holder of any license under this chapter1 not later than #ij days after accepting an application in accordance with criteria established pursuant to subsection 7b77#b77;,e72 and 7ii7 for a new applicant1 not later than #ahj days after accepting an application in accordance with criteria established pursuant to subsection 7b77#b77;,e74 7,d7 ,notice to applicants ,the ,secretary shall inform the applicant of any pending issue and action required to resolve the issue if the ,secretary has not made a decision not later than-- 7i7 for an applicant described in subparagraph 7,c77i71 #fj days after accepting an application in accordance with criteria established pursuant to subsection 7b77#b77;,e72 and 7ii7 for an applicant described in subparagraph 7,c77ii71 #abj days after accepting an application in accordance with criteria established pursuant to subsection 7b77#b77;,e74 7,e7 ,notice to ,congress ,the ,secretary shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a written notice not later than #cj days after any occurrence when the ,secretary has not taken action on a license application within an applicable deadline established by this subsection4 2 and 7,b7 in paragraph 7#b7-- 7i7 by inserting ,procedures for safety approvals4-- before ,in carrying out2 7ii7 by inserting software1 after services12 and 7iii7 by adding at the end the following3 ,such safety approvals may be issued simultaneously with a license under this chapter42 and 7#b7 by adding at the end the following3 7e7 ,use of existing authorities 7#a7 ,in general ,the ,secretary shall use existing authorities1 including waivers and safety approvals1 as appropriate1 to make more efficient use of resources1 reduce the regulatory burden for an applicant under this section1 and promote commercial space launch and reentry4 7#b7 ,expediting safety approvals ,the ,secretary shall expedite the processing of safety approvals that would reduce risks to health or safety during launch and reentry4 4 7c7 ,restrictions on launches1 operations1 and reentries ,section #ejijd of title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,multiple sites ,the ,secretary may issue a single license or permit for an operator to conduct launch services and reentry services at multiple launch sites or reentry sites4 4 #ajc4 ,experimental permits ,section #ejijf of title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,use of existing authorities 7#a7 ,in general ,the ,secretary shall use existing authorities1 including waivers and safety approvals1 as appropriate1 to make more efficient use of resources1 reduce the regulatory burden for an applicant under this section1 and promote commercial space launch and reentry4 7#b7 ,expediting safety approvals ,the ,secretary shall expedite the processing of safety approvals that would reduce risks to health or safety during launch and reentry4 4 #ajd4 ,government-developed space technology ,section #ejija7;b77#b77;,b7 of title #ea1 ,united ,states ,code1 is amended by striking and encouraging4 #aje4 ,regulatory reform 7a7 ,definitions ,the definitions set forth in section #ejijb of title #ea1 ,united ,states ,code1 shall apply to this section4 7b7 ,findings ,congress finds that the commercial space launch regulatory environment has at times impeded the ,united ,states commercial space launch sector in its innovation of launch technologies1 reusable launch and reentry vehicles1 and other areas related to commercial launches and reentries4 7c7 ,regulatory improvements for commercial space launch activities 7#a7 ,in general ,not later than ,february #a1 #bjbj1 the ,secretary of ,transportation shall issue a final rule to revise any regulations under chapter #eji1 ,united ,states ,code1 as the ,secretary considers necessary to meet the objective of this section4 7#b7 ,objective ,the objective of this section is to establish1 consistent with the purposes described in section #ejija7;b7 of title #ea1 ,united ,states ,code1 a regulatory regime for commercial space launch activities under chapter #eji that-- 7,a7 creates1 to the extent practicable1 requirements applicable both to expendable launch and reentry vehicles and to reusable launch and reentry vehicles2 7,b7 is neutral with regard to the specific technology utilized in a launch1 a reentry1 or an associated safety system2 7,c7 protects the health and safety of the public2 7,d7 establishes clear1 high-level performance requirements2 7,e7 encourages voluntary1 industry technical standards that complement the high-level performance requirements established under subparagraph 7,d72 and 7,f7 facilitates and encourages appropriate collaboration between the commercial space launch and reentry sector and the ,department of ,transportation with respect to the requirements under subparagraph 7,d7 and the standards under subparagraph 7,e74 7d7 ,consultation ,in revising the regulations under subsection 7c71 the ,secretary of ,transportation shall consult with the following3 7#a7 ,the ,secretary of ,defense4 7#b7 ,the ,administrator of ,,nasa4 7#c7 ,such members of the commercial space launch and reentry sector as the ,secretary of ,transportation considers appropriate to ensure adequate representation across industry4 7e7 ,report 7#a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the persons described in subsection 7d71 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the progress in carrying out this section4 7#b7 ,contents ,the report shall include-- 7,a7 milestones and a schedule to meet the objective of this section2 7,b7 a description of any ,federal agency resources necessary to meet the objective of this section2 7,c7 recommendations for legislation that would expedite or improve the outcomes under subsection 7c72 and 7,d7 a plan for ongoing consultation with the persons described in subsection 7d74 #ajf4 ,secretary of ,transportation oversight and coordination of commercial launch and reentry operations 7a7 ,oversight and coordination 7#a7 ,in general ,the ,secretary of ,transportation1 in accordance with the findings under section #afag of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7#ea ,u4,s4,c4 #ejiah note7 and subject to section #ejije7;b77#b77;,c7 of title #ea1 ,united ,states ,code1 shall take such action as may be necessary to consolidate or modify the requirements across ,federal agencies identified in section #afag7;c77#a77;,a7 of that ,act into a single application set that satisfies those requirements and expedites the coordination of commercial launch and reentry services4 7#b7 ,chapter #eji 7,a7 ,purposes ,section #ejija7;b77#c7 of title #ea1 ,united ,states ,code1 is amended by inserting all before commercial launch and reentry operations4 7,b7 ,general authority ,section #ejijc7;b7 of title #ea1 ,united ,states ,code1 is amended-- 7i7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#c7 and 7#d71 respectively2 and 7ii7 by inserting before paragraph 7#c71 as redesignated1 the following3 7#a7 consistent with this chapter1 authorize1 license1 and oversee the conduct of all commercial launch and reentry operations1 including any commercial launch or commercial reentry at a ,federal range2 7#b7 if an application for a license or permit under this chapter includes launch or reentry at a ,defense range1 coordinate with the ,secretary of ,defense1 or designee1 to protect any national security interest relevant to such activity1 including any necessary mitigation measure to protect ,department of ,defense property and personnel2 4 7#c7 ,effective date ,this subsection takes effect on the date on which the final rule under section #aje7;c7 is published in the ,federal ,register4 7b7 ,rules of construction ,nothing in this ,act1 or the amendments made by this ,act1 may be construed to affect-- 7#a7 section #afag of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7#ea ,u4,s4,c4 #ejiah note72 or 7#b7 the authority of the ,secretary of ,defense as it relates to safety and security related to launch or reentry at a ,defense range4 7c7 ,technical amendment2 repeal redundant law ,section #aac of the ,u4,s4 ,commercial ,space ,launch ,competitiveness ,act 7,public ,law #aad-ij2 #abi ,stat4 #gjd2 #ea ,u4,s4,c4 #ejiah note7 and the item relating to that section in the table of contents under section #a7;b7 of that ,act are repealed4 #ajg4 ,study on joint use of spaceports 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act-- 7#a7 the ,secretary of ,transportation shall1 in consultation with the ,secretary of ,defense1 conduct a study on the current process the ,government uses to provide or permit the joint use of ,united ,states military installations for licensed nongovernmental space launch and reentry activities1 space-related activities1 and space transportation services by ,united ,states commercial providers2 and 7#b7 submit the results of the study to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,armed ,services of the ,senate and the ,committee on ,science1 ,space1 and ,technology and the ,committee on ,armed ,services of the ,house of ,representatives4 7b7 ,considerations ,in conducting the study required by subsection 7a71 the ,secretary of ,transportation shall consider the following3 7#a7 ,improvements that could be made to the current process the ,government uses to provide or permit the joint use of ,united ,states military installations for licensed nongovernmental space launch and reentry activities1 space-related activities1 and space transportation services by ,united ,states commercial providers4 7#b7 ,means to facilitate the ability for a military installation to request that the ,secretary of ,transportation consider the military installation as a site to provide or permit the licensed nongovernmental space launch and reentry activities1 space-related activities1 and space transportation services by ,united ,states commercial providers4 7#c7 ,the feasibility of increasing the number of military installations that provide or are permitted to be utilized for licensed nongovernmental space launch and reentry activities1 space-related activities1 and space transportation services by ,united ,states commercial providers4 7#d7 ,the importance of the use of safety approvals of launch vehicles1 reentry vehicles1 space transportation vehicles1 safety systems1 processes1 services1 or personnel 7including approval procedures for the purpose of protecting the health and safety of crew1 ,government astronauts1 and space flight participants71 to the extent permitted that may be used in conducting licensed commercial space launch1 reentry activities1 and space transportation services at installations4 #ajh4 ,airspace integration report 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,transportation shall-- 7#a7 identify and review the current policies and tools used to integrate launch and reentry 7as those terms are defined in section #ejijb of title #ea1 ,united ,states ,code7 into the national airspace system2 7#b7 consider whether the policies and tools identified in paragraph 7#a7 need to be updated to more efficiently and safely manage the national airspace system2 and 7#c7 submit to the appropriate committees of ,congress a report on the findings under paragraphs 7#a7 and 7#b71 including recommendations for how to more efficiently and safely manage the national airspace system4 7b7 ,consultation ,in conducting the review under subsection 7a71 the ,secretary shall consult with such members of the commercial space launch and reentry sector and commercial aviation sector as the ,secretary considers appropriate to ensure adequate representation across those industries4 7c7 ,definition of appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#b7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7#c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 ,,ii ,streamlining ,oversight of ,nongovernmental ,earth ,observation ,activities #bja4 ,nongovernmental ,earth observation activities 7a7 ,licensing of nongovernmental ,earth observation activities ,chapter #fja of title #ea1 ,united ,states ,code1 is amended-- 7#a7 in section #fjaja-- 7,a7 by amending paragraph 7#ab7 to read as follows3 7#ab7 ,unenhanced data ,the term unenhanced data means signals or imagery products from ,earth observation activities that are unprocessed or subject only to data preprocessing4 2 7,b7 by redesignating paragraphs 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#ae71 7#ah71 and 7#ai71 respectively1 and moving the paragraphs so as to appear in numerical order2 7,c7 by redesignating paragraphs 7#d7 through 7#aj7 as paragraphs 7#e7 through 7#aa71 respectively2 7,d7 by inserting after paragraph 7#c71 the following3 7#d7 ,earth observation activity ,the term ,earth observation activity means a space activity the primary purpose of which is to collect data that can be processed into imagery of the ,earth or of man-made objects orbiting the ,earth4 2 7,e7 by inserting after paragraph 7#aa71 as redesignated1 the following3 7#ab7 ,nongovernmental ,earth observation activity ,the term nongovernmental ,earth observation activity means an ,earth observation activity of a person other than-- 7,a7 the ,united ,states ,government2 or 7,b7 a ,government contractor or subcontractor if the ,government contractor or subcontractor is performing the activity for the ,government4 7#ac7 ,orbital debris ,the term orbital debris means any space object that is placed in space or derives from a space object placed in space by a person1 remains in orbit1 and no longer serves any useful function or purpose4 7#ad7 ,person ,the term person means a person 7as defined in section #a of title #a7 subject to the jurisdiction or control of the ,united ,states4 2 and 7,f7 by inserting after paragraph 7#ae71 as redesignated1 the following3 7#af7 ,space activity 7,a7 ,in general ,the term space activity means any activity that is conducted in space4 7,b7 ,inclusions ,the term space activity includes any activity conducted on a celestial body1 including the ,moon4 7,c7 ,exclusions ,the term space activity does not include any activity that is conducted entirely on board or within a space object and does not affect another space object4 7#ag7 ,space object ,the term space object means any object1 including any component of that object1 that is launched into space or constructed in space1 including any object landed or constructed on a celestial body1 including the ,moon4 2 7#b7 by amending subchapter ,,iii to read as follows3 ,,iii ,authorization of ,nongovernmental ,earth ,observation ,activities #fjaba4 ,purposes ,the purposes of this subchapter are-- 7#a7 to prevent1 to the extent practicable1 harmful interference to space activities by nongovernmental ,earth observation activities2 7#b7 to manage risk and prevent harm to ,united ,states national security2 7#c7 to ensure consistency with international obligations of the ,united ,states2 and 7#d7 to promote the leadership1 industrial innovation1 and international competitiveness of the ,united ,states4 #fjabb4 ,general authority 7a7 ,in general ,the ,secretary shall carry out this subchapter4 7b7 ,functions ,in carrying out this subchapter1 the ,secretary shall consult with-- 7#a7 the ,secretary of ,defense2 7#b7 the ,director of ,national ,intelligence2 and 7#c7 the head of such other ,federal department or agency as the ,secretary considers necessary4 #fjabc4 ,administrative authority of ,secretary 7a7 ,functions ,in order to carry out the responsibilities specified in this subchapter1 the ,secretary may-- 7#a7 grant1 condition1 or transfer licenses under this chapter2 7#b7 seek an order of injunction or similar judicial determination from a district court of the ,united ,states with personal jurisdiction over the licensee to terminate1 modify1 or suspend licenses under this subchapter and to terminate licensed operations on an immediate basis1 if the ,secretary determines that the licensee has substantially failed to comply with any provisions of this chapter1 with any terms1 conditions1 or restrictions of such license1 or with any international obligations or national security concerns of the ,united ,states2 7#c7 provide penalties for noncompliance with the requirements of licenses or regulations issued under this subchapter1 including civil penalties not to exceed #aj1jjj 7each day of operation in violation of such licenses or regulations constituting a separate violation72 7#d7 compromise1 modify1 or remit any such civil penalty2 7#e7 issue subpoenas for any materials1 documents1 or records1 or for the attendance and testimony of witnesses for the purpose of conducting a hearing under this section2 7#f7 seize any object1 record1 or report pursuant to a warrant from a magistrate based on a showing of probable cause to believe that such object1 record1 or report was used1 is being used1 or is likely to be used in violation of this chapter or the requirements of a license or regulation issued thereunder2 and 7#g7 make investigations and inquiries and administer to or take from any person an oath1 affirmation1 or affidavit concerning any matter relating to the enforcement of this chapter4 7b7 ,review of agency action ,any applicant or licensee that makes a timely request for review of an adverse action pursuant to paragraph 7#a71 7#c71 7#e71 or 7#f7 of subsection 7a7 shall be entitled to adjudication by the ,secretary on the record after an opportunity for any agency hearing with respect to such adverse action4 ,any final action by the ,secretary under this subsection shall be subject to judicial review under chapter #g of title #e4 #fjabd4 ,authorization to conduct nongovernmental ,earth observation activities 7a7 ,requirement ,no person may conduct any nongovernmental ,earth observation activity without an authorization issued under this subchapter4 7b7 ,waivers 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,defense1 the ,director of ,national ,intelligence1 and the head of such other ,federal agency as the ,secretary considers appropriate1 may waive a requirement under this subchapter for a nongovernmental ,earth observation activity1 or for a type or class of nongovernmental ,earth observation activities1 if the ,secretary decides that granting a waiver is consistent with section #fjaba4 7#b7 ,standards ,not later than #abj days after the date of the enactment of the ,space ,frontier ,act of #bjai1 the ,secretary shall establish standards1 in consultation with the ,secretary of ,defense and the head of such other ,federal agency as the ,secretary considers appropriate1 for determining de minimis ,earth observation activities that would be eligible for a waiver under paragraph 7#a74 7c7 ,coverage of authorization ,the ,secretary shall1 to the maximum extent practicable1 require a single authorization for a person-- 7#a7 to conduct multiple ,earth observation activities using a single space object2 7#b7 to operate multiple space objects carrying out substantially similar ,earth observation activities2 or 7#c7 to use multiple space objects to carry out a single ,earth observation activity4 7d7 ,application 7#a7 ,in general ,a person seeking an authorization under this subchapter shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require for the purposes described in section #fjaba1 including-- 7,a7 a description of the proposed ,earth observation activity1 including-- 7i7 a physical and functional description of each space object2 7ii7 the orbital characteristics of each space object1 including altitude1 inclination1 orbital period1 and estimated operational lifetime2 and 7iii7 a list of the names of all persons that have or will have direct operational or financial control of the ,earth observation activity2 7,b7 a plan to prevent orbital debris consistent with the #bjja ,united ,states ,orbital ,debris ,mitigation ,standard ,practices or any subsequent revision thereof2 and 7,c7 a description of the capabilities of each instrument to be used to observe the ,earth in the conduct of the ,earth observation activity4 7#b7 ,application status ,not later than #ad days after the date on which an application is received1 the ,secretary shall make a determination whether the application is complete or incomplete and notify the applicant of that determination1 including1 if incomplete1 the reason the application is incomplete4 7e7 ,review 7#a7 ,in general ,not later than #ij days after the date on which the ,secretary makes a determination under subsection 7d77#b7 that an application is complete1 the ,secretary shall review all information provided in that application and1 subject to the provisions of this subsection1 notify the applicant in writing whether the application was approved1 with or without conditions1 or denied4 7#b7 ,approvals ,the ,secretary shall approve an application under this subsection if the ,secretary determines that-- 7,a7 the ,earth observation activity is consistent with the purposes described in section #fjaba2 and 7,b7 the applicant is in compliance1 and will continue to comply1 with this subchapter1 including regulations4 7#c7 ,denials 7,a7 ,in general ,if an application under this subsection is denied1 the ,secretary-- 7i7 shall include in the notification under paragraph 7#a7-- 7,i7 a reason for the denial2 and 7,,ii7 a description of each deficiency1 including guidance on how to correct the deficiency2 7ii7 shall sign the notification under paragraph 7#a72 7iii7 may not delegate the duty under clause 7ii72 and 7iv7 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a copy of the notification4 7,b7 ,interagency review ,not later than #c days after the date on which the ,secretary makes a determination under subsection 7d77#b7 that an application is complete1 the ,secretary shall consult with the head of each ,federal department and agency described in section #fjabb7;b7 and if any head of such ,federal department or agency does not support approving the application-- 7i7 that head of another ,federal department or agency-- 7,i7 not later than #fj days after the date on which such consultation occurs1 shall notify the ,secretary1 in writing1 of the reason for withholding support1 including a description of each deficiency and guidance on how to correct the deficiency2 7,,ii7 shall sign the notification under subclause 7,i72 and 7,,iii7 may not delegate the duty under subclause 7,,ii71 except the ,secretary of ,defense may delegate the duty under subclause 7,,ii7 to an ,under ,secretary of ,defense2 and 7ii7 subject to all applicable laws1 the ,secretary shall include the notification under clause 7i7 in the notification under paragraph 7#a71 including classified information if-- 7,i7 the ,secretary of ,defense or the ,director of ,national ,intelligence1 as appropriate1 determines that disclosure of the classified information is appropriate2 and 7,,ii7 the applicant has the required security clearance for the classified information4 7,c7 ,interagency assents ,if the head of another ,federal department or agency does not notify the ,secretary under subparagraph 7,b77i77,i7 within the time specified in that subparagraph1 that head of another ,federal department or agency shall be deemed to have assented to the application4 7,d7 ,interagency dissents ,if1 during the review of an application under paragraph 7#a71 a head of a ,federal department or agency described in subparagraph 7,b7 disagrees with the ,secretary or the head of another ,federal department or agency described in subparagraph 7,b7 with respect to a deficiency under this subsection1 the ,secretary shall submit the matter to the ,president1 who shall resolve the dispute before the applicable deadline under paragraph 7#a74 7,e7 ,deficiencies ,the ,secretary shall-- 7i7 provide each applicant under this paragraph with a reasonable opportunity-- 7,i7 to correct each deficiency identified under subparagraph 7,a77i77,,ii72 and 7,,ii7 to resubmit a corrected application for reconsideration2 and 7ii7 not later than #cj days after the date of on which a corrected application under clause 7i77,,ii7 is received1 make a determination whether to approve the application or not1 in consultation with-- 7,i7 each head of another ,federal department or agency that submitted a notification under subparagraph 7,b72 and 7,,ii7 the head of such other ,federal department or agency as the ,secretary considers necessary4 7,f7 ,improper basis for denial 7i7 ,competition ,the ,secretary shall not deny an application under this subsection in order to protect any existing ,earth observation activity from competition4 7ii7 ,capabilities ,the ,secretary shall not1 to the maximum extent practicable1 deny an application under this subsection based solely on the capabilities of the ,earth observation activity if those capabilities-- 7,i7 are commercially available2 or 7,,ii7 are reasonably expected to be made commercially available1 not later than #c years after the date of the application1 in the international or domestic marketplace4 7iii7 ,applicability ,the prohibition under clause 7ii77,,ii7 shall apply whether the marketplace products and services originate from the operation of aircraft1 uncrewed aircraft1 or other platforms or technical means or are assimilated from a variety of data sources4 7#d7 ,deadline ,if the ,secretary does not notify an applicant in writing before the applicable deadline under paragraph 7#a71 the ,secretary shall1 not later than #a business day after the date of the applicable deadline1 notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives of the status of the application1 including the reason the deadline was not met4 7#e7 ,expedited review process ,subject to paragraph 7#b7 and section #fjabb7;b71 the ,secretary may modify the requirements under this subsection1 as the ,secretary considers appropriate1 to expedite the review of an application that seeks to conduct an ,earth observation activity that is substantially similar to an ,earth observation activity already licensed under this subchapter4 7f7 ,additional requirements ,an authorization issued under this subchapter shall require the authorized person-- 7#a7 to be in compliance with this subchapter2 7#b7 to notify the ,secretary of any significant change in the information contained in the application2 and 7#c7 to make available to the government of any country1 including the ,united ,states1 unenhanced data collected by the ,earth observation system concerning the territory under the jurisdiction of that government as soon as such data are available and on reasonable commercial terms and conditions4 7g7 ,prohibition on retroactive conditions 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,secretary may not modify any condition on1 or add any condition to1 an authorization under this subchapter after the date of the authorization4 7#b7 ,rule of construction ,nothing in this section shall be constructed to prohibit the ,secretary from removing a condition on an authorization under this subchapter4 7#c7 ,interagency review 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,e71 the ,secretary or the head of a ,federal department or agency described in section #fjabb7;b7 may1 without delegation1 propose the modification or addition of a condition to an authorization under this subchapter after the date of the authorization4 7,b7 ,consultation requirement ,prior to making the modification or addition under subparagraph 7,a71 the ,secretary or the applicable head of the ,federal department or agency shall consult with the head of each of the other ,federal departments and agencies described in section #fjabb7;b7 and if any head of such ,federal department or agency does not support such modification or addition that head of another ,federal department or agency-- 7i7 not later than #fj days after the date on which the consultation occurs1 shall notify the ,secretary1 in writing1 of the reason for withholding support2 7ii7 shall sign the notification under clause 7i72 and 7iii7 may not delegate the duty under clause 7ii74 7,c7 ,interagency assents ,if the head of another ,federal department or agency does not notify the ,secretary under subparagraph 7,b77i7 within the time specified in that subparagraph1 that head of another ,federal department or agency shall be deemed to have assented to the modification or addition under subparagraph 7,a74 7,d7 ,interagency dissents ,if the head of a ,federal department or agency described in subparagraph 7,a7 disagrees with the ,secretary or the head of another ,federal department or agency described in subparagraph 7,a7 with respect to such modification or addition under this paragraph1 the ,secretary shall submit the matter to the ,president1 who shall resolve the dispute4 7,e7 ,notice ,prior to making a modification or addition under subparagraph 7,a71 the ,secretary or the head of the ,federal department or agency1 as applicable1 shall-- 7i7 provide notice to the licensee of the reason for the proposed modification or addition1 including1 if applicable1 a description of any deficiency and guidance on how to correct the deficiency2 and 7ii7 provide the licensee a reasonable opportunity to correct a deficiency identified in clause 7i74 #fjabe4 ,annual reports 7a7 ,in general ,not later than #ahj days after the date of the enactment of the ,space ,frontier ,act of #bjai1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the progress in implementing this subchapter1 including-- 7#a7 a list of all applications received or pending in the previous calendar year and the status of each such application2 7#b7 notwithstanding paragraph 7#d7 of section #fjabd7;e71 a list of all applications1 in the previous calendar year1 for which the ,secretary missed the deadline under paragraph 7#a7 of that section1 including the reasons the deadline was not met2 and 7#c7 a description of all actions taken by the ,secretary under the administrative authority granted under section #fjabc4 7b7 ,classified annexes ,each report under subsection 7a7 may include classified annexes as necessary to protect the disclosure of sensitive or classified information4 7c7 ,cessation of effectiveness ,this section ceases to be effective ,september #cj1 #bjba4 #fjabf4 ,regulations ,the ,secretary may promulgate regulations to implement this subchapter4 #fjabg4 ,relationship to other executive agencies and laws 7a7 ,executive agencies ,except as provided in this subchapter or chapter #eji1 or any activity regulated by the ,federal ,communications ,commission under the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq471 a person is not required to obtain from an executive agency a license1 approval1 waiver1 or exemption to conduct a nongovernmental ,earth observation activity4 7b7 ,rule of construction ,this subchapter does not affect the authority of-- 7#a7 the ,federal ,communications ,commission under the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq472 or 7#b7 the ,secretary of ,transportation under chapter #eji4 7c7 ,nonapplication ,this subchapter does not apply to any space activity the ,united ,states ,government carries out for the ,government4 2 and 7#c7 by amending section #fjadg to read as follows3 #fjadg4 ,consultation 7a7 ,consultation with ,secretary of ,defense ,the ,landsat ,program ,management shall consult with the ,secretary of ,defense on all matters relating to the ,landsat ,program under this chapter that affect national security4 ,the ,secretary of ,defense shall be responsible for determining those conditions1 consistent with this chapter1 necessary to meet national security concerns of the ,united ,states and for notifying the ,landsat ,program ,management of such conditions4 7b7 ,consultation with ,secretary of ,state 7#a7 ,in general ,the ,landsat ,program ,management shall consult with the ,secretary of ,state on all matters relating to the ,landsat ,program under this chapter that affect international obligations4 ,the ,secretary of ,state shall be responsible for determining those conditions1 consistent with this chapter1 necessary to meet international obligations and policies of the ,united ,states and for notifying the ,landsat ,program ,management of such conditions4 7#b7 ,international aid ,appropriate ,united ,states ,government agencies are authorized and encouraged to provide remote sensing data1 technology1 and training to developing nations as a component of programs of international aid4 7#c7 ,reporting discriminatory distribution ,the ,secretary of ,state shall promptly report to the ,landsat ,program ,management any instances outside the ,united ,states of discriminatory distribution of ,landsat data4 7c7 ,status report ,the ,landsat ,program ,management shall1 as often as necessary1 provide to ,congress complete and updated information about the status of ongoing operations of the ,landsat system1 including timely notification of decisions made with respect to the ,landsat system in order to meet national security concerns and international obligations and policies of the ,united ,states ,government4 4 7b7 ,table of contents ,the table of contents of chapter #fja of title #ea1 ,united ,states ,code1 is amended by striking the items relating to subchapter ,,iii and inserting the following3 ,subchapter ,,iii--,authorization of ,nongovernmental ,earth ,observation ,activities#fjaba4 ,purposes4#fjabb4 ,general authority4#fjabc4 ,administrative authority of ,secretary4#fjabd4 ,authorization to conduct nongovernmental ,earth observation activities4#fjabe4 ,annual reports4#fjabf4 ,regulations4#fjabg4 ,relationship to other executive agencies and laws4 4 7c7 ,rules of construction 7#a7 ,nothing in this section or the amendments made by this section shall affect any license1 or application for a license1 to operate a private remote sensing space system that was made under subchapter ,,iii of chapter #fja of title #ea1 ,united ,states ,code 7as in effect before the date of the enactment of this ,act71 before the date of the enactment of this ,act4 ,such license shall continue to be subject to the requirements to which such license was subject under that chapter as in effect on the day before the date of the enactment of this ,act4 7#b7 ,nothing in this section or the amendments made by this section shall affect the prohibition on the collection and release of detailed satellite imagery relating to ,israel under section #ajfd of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiig 7#ea ,u4,s4,c4 #fjaba note74 #bjb4 ,radio-frequency mapping report 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,commerce1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 shall complete and submit a report on space-based radio-frequency mapping to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#b7 the ,select ,committee on ,intelligence of the ,senate2 7#c7 the ,committee on ,armed ,services of the ,senate2 7#d7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 7#e7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7#f7 the ,committee on ,armed ,services of the ,house of ,representatives4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 a discussion of whether a need exists to regulate space-based radio-frequency mapping2 7#b7 a description of any immitigable impacts of space-based radio-frequency mapping on national security1 ,united ,states competitiveness and space leadership1 or ,constitutional rights2 7#c7 any recommendations for additional regulatory action regarding space-based radio-frequency mapping2 7#d7 a detailed description of the costs and benefits of the recommendations described in paragraph 7#c72 and 7#e7 an evaluation of-- 7,a7 whether the development of voluntary consensus industry standards in coordination with the ,department of ,defense is more appropriate than issuing regulations with respect to space-based radio-frequency mapping2 and 7,b7 whether existing law1 including regulations and policies1 could be applied in a manner that prevents the need for additional regulation of space-based radio-frequency mapping4 7c7 ,form ,the report under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 ,,iii ,miscellaneous #cja4 ,promoting fairness and competitiveness for ,,nasa partnership opportunities 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 fair access to available ,,nasa assets and services on a reimbursable1 noninterference1 equitable1 and predictable basis is advantageous in enabling the ,united ,states commercial space industry2 7#b7 ,,nasa should continue to promote fairness to all parties and ensure best value to the ,federal ,government in granting use of ,,nasa assets1 services1 and capabilities in a manner that contributes to ,,nasa's missions and objectives2 and 7#c7 ,,nasa should continue to promote small business awareness and participation through advocacy and collaborative efforts with internal and external partners1 stakeholders1 and academia4 7b7 ,guidance for small business participation ,the ,administrator of ,,nasa shall-- 7#a7 provide opportunities for the consideration of small business concerns during public-private partnership planning processes and in public-private partnership plans2 7#b7 invite the participation of each relevant director of an ,office of ,small and ,disadvantaged ,business ,utilization under section #ae7k7 of the ,small ,business ,act #iae ,u4,s4,c4 #fdd7k7 in public-private partnership planning processes and provide the director access to public-private partnership plans2 7#c7 not later than #ij days after the date of the enactment of this ,act-- 7,a7 identify and establish a list of all ,,nasa assets1 services1 and capabilities that are available1 or will be available1 for public-private partnership opportunities2 and 7,b7 make the list under subparagraph 7,a7 available on ,,nasa's website1 in a searchable format2 7#d7 periodically as needed1 but not less frequently than annually1 update the list and website under paragraph 7#c72 and 7#e7 not later than #ahj days after the date of the enactment of this ,act1 develop a policy and issue guidance for a consistent1 fair1 and equitable method for scheduling and establishing priority of use of the ,,nasa assets1 services1 and capabilities identified under this subsection4 7c7 ,strengthening small business awareness ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of ,,nasa shall designate an official at each ,,nasa ,center-- 7#a7 to serve as an advocate for small businesses within the office that manages partnerships at each ,center2 and 7#b7 to provide guidance to small businesses on how to participate in public-private partnership opportunities with ,,nasa4 #cjb4 ,maintaining a national laboratory in space 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states national laboratory in space1 which currently consists of the ,united ,states segment of the ,,iss 7designated a national laboratory under section #gjije of title #ea1 ,united ,states ,code7-- 7,a7 benefits the scientific community and promotes commerce in space2 7,b7 fosters stronger relationships among ,,nasa and other ,federal agencies1 the private sector1 and research groups and universities2 7,c7 advances science1 technology1 engineering1 and mathematics education through utilization of the unique microgravity environment2 and 7,d7 advances human knowledge and international cooperation2 7#b7 after the ,,iss is decommissioned1 the ,united ,states should maintain a national microgravity laboratory in space2 7#c7 in maintaining a national microgravity laboratory described in paragraph 7#b71 the ,united ,states should make appropriate accommodations for different types of ownership and operational structures for the ,,iss and future space stations2 7#d7 the national microgravity laboratory described in paragraph 7#b7 should be maintained beyond the date on which the ,,iss is decommissioned and1 if possible1 in cooperation with international space partners to the extent practicable2 and 7#e7 ,,nasa should continue to support fundamental science research on future platforms in low-,earth orbit and cis-lunar space1 short duration suborbital flights1 drop towers1 and other microgravity testing environments4 7b7 ,report ,the ,administrator of ,,nasa shall produce1 in coordination with the ,national ,space ,council and other ,federal agencies as the ,administrator considers relevant1 a report detailing the feasibility of establishing a microgravity national laboratory ,federally ,funded ,research and ,development ,center to undertake the work related to the study and utilization of in-space conditions4 #cjc4 ,presence in low-,earth orbit 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 it is in the national and economic security interests of the ,united ,states to maintain a continuous human presence in low-,earth orbit2 and 7#b7 low-,earth orbit should be utilized as a testbed to advance human space exploration1 scientific discoveries1 and ,united ,states economic competitiveness and commercial participation4 7b7 ,human presence requirement ,,nasa shall continuously maintain the capability for a continuous human presence in low-,earth orbit through and beyond the useful life of the ,,iss4 #cjd4 ,continuation of the ,,iss 7a7 ,continuation of the ,international ,space ,station ,section #eja7;a7 of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#db ,u4,s4,c4 #ahcea7;a77 is amended by striking #bjbd and inserting #bjcj4 7b7 ,maintenance of the ,united ,states segment and assurance of continued operations of the ,international ,space ,station ,section #ejc7;a7 of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#db ,u4,s4,c4 #ahcec7;a77 is amended by striking #bjbd and inserting #bjcj4 7c7 ,research capacity allocation and integration of research payloads ,section #ejd7;d7 of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#db ,u4,s4,c4 #ahced7;d77 is amended by striking #bjbd each place it appears and inserting #bjcj4 7d7 ,maintaining use through at least #bjcj ,section #gjijg of title #ea1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking #bjbd and inserting #bjcj2 and 7#b7 by striking #bjbd each place it appears and inserting #bjcj4 #cje4 ,united ,states policy on orbital debris 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 existing guidelines for the mitigation of orbital debris may not be adequate to ensure long-term usability of the space environment for all users2 and 7#b7 the ,united ,states should continue to exercise a leadership role in developing orbital debris prevention standards that may be used by all space-faring nations4 7b7 ,policy of the ,united ,states ,it is the policy of the ,united ,states to have consistent standards across ,federal agencies that minimize the risks from orbital debris in order to protect-- 7#a7 the public health and safety2 7#b7 humans in space2 7#c7 the national security interests of the ,united ,states2 7#d7 the safety of property2 7#e7 space objects from interference2 and 7#f7 the foreign policy interests of the ,united ,states4 #cjf4 ,low-,earth orbit commercialization program 7a7 ,program authorization ,the ,administrator of ,,nasa may establish a low-,earth orbit commercialization program to encourage the fullest commercial use and development of space by the private sector of the ,united ,states4 7b7 ,contents ,the program under subsection 7a7 may include-- 7#a7 activities to stimulate demand for human space flight products and services in low-,earth orbit2 7#b7 activities to improve the capability of the ,,iss to accommodate commercial users2 and 7#c7 subject to subsection 7c71 activities to accelerate the development of commercial space stations or commercial space habitats4 7c7 ,conditions 7#a7 ,cost share ,the ,administrator shall give priority to an activity under subsection 7b77#c7 in which the private sector entity conducting the activity provides a share of the cost to develop and operate the activity4 7#b7 ,commercial space habitat ,the ,administration may not engage in an activity under subsection 7b77#c7 until after the date on which the ,administrator of ,,nasa awards a contract for the use of a docking port on the ,,iss4 7d7 ,reports ,not later than #cj days after the date on which an award or agreement is made under subsection 7b77#c71 the ,administrator of ,,nasa shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the development of the commercial space station or commercial space habitat1 as applicable1 including a business plan for how the activity will-- 7#a7 meet ,,nasa's future requirements for low-,earth orbit human space flight services2 and 7#b7 satisfy the non-,federal funding requirement under subsection 7c77#a74 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator of ,,nasa to carry out a low-,earth commercialization program under this section #aej1jjj1jjj for fiscal year #bjbj4 #cjg4 ,bureau of ,space ,commerce 7a7 ,in general ,chapter #ejg of title #ea1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking ,office and inserting ,bureau2 7#b7 by amending section #ejgja to read as follows3 #ejgja4 ,definition of ,bureau ,in this chapter1 the term ,bureau means the ,bureau of ,space ,commerce established in section #ejgjb of this title4 2 7#c7 in section #ejgjb-- 7,a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,there is established within the ,department of ,commerce a ,bureau of ,space ,commerce4 2 7,b7 by amending subsection 7b7 to read as follows3 7b7 ,assistant ,secretary ,the ,bureau shall be headed by an ,assistant ,secretary for ,space ,commerce1 to be appointed by the ,president with the advice and consent of the ,senate and compensated at level ,,ii or ,,iii of the ,executive ,schedule1 as determined by the ,secretary of ,commerce4 ,the ,assistant ,secretary shall report directly to the ,secretary of ,commerce4 2 7,c7 in subsection 7c7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,office and inserting ,bureau2 7ii7 in paragraph 7#b71 by inserting 1 including activities licensed under chapter #fja of this title before the semicolon2 and 7iii7 in paragraph 7#e71 by striking ,position1 and inserting ,positioning12 and 7,d7 in subsection 7d7-- 7i7 in the heading1 by striking ,director and inserting ,assistant ,secretary2 7ii7 in the matter preceding paragraph 7#a7-- 7,i7 by striking ,director and inserting ,assistant ,secretary2 and 7,,ii7 by striking ,office shall and inserting ,bureau shall1 under the direction and supervision of the ,secretary12 7iii7 by redesignating paragraphs 7#a7 through 7#g7 as paragraphs 7#c7 through 7#i71 respectively2 and 7iv7 by inserting before paragraph 7#c71 as redesignated1 the following3 7#a7 to oversee the issuing of licenses under chapter #fja of this title2 7#b7 coordinating ,department policy impacting commercial space activities and working with other executive agencies to promote policies that advance commercial space activities2 2 and 7v7 in paragraph 7#h71 as redesignated1 by inserting 1 consistent with the international obligations1 foreign policy1 and national security interests of the ,united ,states before the semicolon2 7#d7 in section #ejgjc-- 7,a7 by striking ,office and inserting ,bureau2 and 7,b7 by striking ,committee on ,science and ,technology of the ,house of ,representatives and inserting ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7#e7 by adding at the end the following3 #ejgjd4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,commerce to carry out this chapter #aj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 7b7 ,technical and conforming amendments 7#a7 ,table of contents ,the table of contents of chapter #ejg of title #ea1 ,united ,states ,code1 is amended-- 7,a7 in the item relating to section #ejgja1 by striking ,office and inserting ,bureau2 and 7,b7 by adding after the item relating to section #ejgjc the following3 #ejgjd4 ,authorization of appropriations4 4 7#b7 ,table of chapters ,the table of chapters of title #ea1 ,united ,states ,code1 is amended in the item relating to chapter #ejg by striking ,office and inserting ,bureau4 7#c7 ,cooperation with former ,soviet ,republics ,section #bah of the ,national ,aeronautics and ,space ,administration ,authorization ,act1 ,fiscal ,year #aiic 7#ea ,u4,s4,c4 #ejgjb note7 is amended by striking ,office each place it appears and inserting ,bureau4 ,december #aa1 #bjai,reported without amendment