S. 3277 — what changed

added “(a) Associate Administrator for Commercial Space Transportation—The Assistant Secretary for Commercial Space Transportation shall serve as the Associate Administrator for Commercial Space Transportation.”

removed “(b) Associate Administrator for Commercial Space Transportation—The Assistant Secretary for Commercial Space Transportation shall serve as the Associate Administrator for Commercial Space Transportation.”

added “(1) In general

added “(A) Applications—A person may apply to the Secretary of Transportation for a license or transfer of a license under this chapter in the form and way the Secretary prescribes.

added “(B) Decisions—Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than the applicable deadline described in subparagraph (C), shall issue or transfer a license if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter.

added “(C) Applicable deadline—The applicable deadline described in this subparagraph shall be—

added “(i) for an applicant that was or is a holder of any license under this chapter, not later than 90 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(E); and

added “(ii) for a new applicant, not later than 180 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(E).

added “(D) Notice to applicants—The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than—

added “(i) for an applicant described in subparagraph (C)(i), 60 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(E); and

added “(ii) for an applicant described in subparagraph (C)(ii), 120 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(E).

added “(E) Notice to Congress—The Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a written notice not later than 30 days after any occurrence when the Secretary has not taken action on a license application within an applicable deadline established by this subsection.”

added “(e) Use of existing authorities

added “(1) In general—The Secretary shall use existing authorities, including waivers and safety approvals, as appropriate, to make more efficient use of resources, reduce the regulatory burden for an applicant under this section, and promote commercial space launch and reentry.

added “(2) Expediting safety approvals—The Secretary shall expedite the processing of safety approvals that would reduce risks to health or safety during launch and reentry.”

added “(e) Multiple sites—The Secretary may issue a single license or permit for an operator to conduct launch services and reentry services at multiple launch sites or reentry sites.”

added Section 50906 of title 51, United States Code, is amended by adding at the end the following:

added “(j) Use of existing authorities

added “(1) In general—The Secretary shall use existing authorities, including waivers and safety approvals, as appropriate, to make more efficient use of resources, reduce the regulatory burden for an applicant under this section, and promote commercial space launch and reentry.

added “(2) Expediting safety approvals—The Secretary shall expedite the processing of safety approvals that would reduce risks to health or safety during launch and reentry.”

removed “(e) Use of existing authorities

removed “(1) In general—The Secretary—

removed “(A) shall use existing authorities, including waivers and safety approvals, as appropriate, to make more efficient use of resources and reduce the regulatory burden for an applicant under this section; and

removed “(B) may use the launch and reentry payload review process to authorize nongovernmental space activities that are related to an application for a license or permit under this chapter and are not subject to authorization under other Federal law.

removed “(2) Expediting safety approvals—The Secretary shall expedite the processing of safety approvals that would reduce risks to health or safety during launch and reentry.”

removed “(12) nongovernmental space activity means a space activity of a person other than—

removed “(A) the United States Government; or

removed “(B) a Government contractor or subcontractor if the Government contractor or subcontractor is performing the space activity for the Government.”

removed “(21) space activity has the meaning given the term in section 60101 of this title.”

removed “(23) space object has the meaning given the term in section 60101 of this title.”

removed “(e) Multiple sites—The Secretary may issue a single license or permit for an operator to conduct launch services and reentry services at multiple launch sites or reentry sites.”

changed Section 50906 50903 of title 51, United States Code, is amended by adding at the end the following:

changed “(j) Use of existing authorities“(e) FACA—The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to such space-related rulemaking committees under the Secretary's jurisdiction as the Secretary shall designate.”

removed “(1) In general—The Secretary shall use existing authorities, including waivers and safety approvals, as appropriate, to make more efficient use of resources and reduce the regulatory burden for an applicant under this section.

removed “(2) Expediting safety approvals—The Secretary shall expedite the processing of safety approvals that would reduce risks to health or safety during launch and reentry.”

changed Section 50903 50901(b)(2)(B) of title 51, United States Code, is amended by adding at the end the following:striking “and encouraging”.

removed “(e) FACA—The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to such space-related rulemaking committees under the Secretary's jurisdiction as the Secretary shall designate.”

removed Section 50901(b)(2)(B) of title 51, United States Code, is amended by striking “and encouraging”.

added “(1) consistent with this chapter, authorize, license, and oversee the conduct of all commercial launch and reentry operations, including any commercial launch or commercial reentry at a Federal range;

added “(2) if an application for a license or permit under this chapter includes launch or reentry at a Defense range, coordinate with the Secretary of Defense, or designee, to protect any national security interest relevant to such activity, including any necessary mitigation measure to protect Department of Defense property and personnel;”

removed “(1) oversee and coordinate the conduct of all commercial launch and reentry operations, including any commercial launch or commercial reentry at a Federal range;”

“(12) Unenhanced data—The term unenhanced data means signals or imagery products from Earth observation activities that are unprocessed or subject only to data preprocessing.”

changed “(4) Earth observation activity—The term Earth observation activity means a space activity the primary purpose of which is to collect data that can be processed into imagery of the Earth or of man-made objects orbiting the Earth.”

“(12) Nongovernmental Earth observation activity—The term nongovernmental Earth observation activity means an Earth observation activity of a person other than—

“(A) the United States Government; or

“(B) a Government contractor or subcontractor if the Government contractor or subcontractor is performing the activity for the Government.

“(13) Orbital debris—The term orbital debris means any space object that is placed in space or derives from a space object placed in space by a person, remains in orbit, and no longer serves any useful function or purpose.

“(14) Person—The term person means a person (as defined in section 1 of title 1) subject to the jurisdiction or control of the United States.”

“(16) Space activity

“(A) In general—The term space activity means any activity that is conducted in space.

“(B) Inclusions—The term space activity includes any activity conducted on a celestial body, including the Moon.

“(C) Exclusions—The term space activity does not include any activity that is conducted entirely on board or within a space object and does not affect another space object.

“(17) Space object—The term space object means any object, including any component of that object, that is launched into space or constructed in space, including any object landed or constructed on a celestial body, including the Moon.”

“III Authorization of nongovernmental Earth observation activities

“60121. Purposes

“The purposes of this subchapter are—

“(1) to prevent, to the extent practicable, harmful interference to space activities by nongovernmental Earth observation activities;

changed “(2) to manage risk and prevent harm to United States national security; andsecurity;

changed “(3) to promote the leadership, industrial innovation, and ensure consistency with international competitiveness obligations of the United States.States; and

added “(4) to promote the leadership, industrial innovation, and international competitiveness of the United States.

“60122. General authority

“(a) In general—The Secretary shall carry out this subchapter.

“(b) Functions—In carrying out this subchapter, the Secretary shall consult with—

“(1) the Secretary of Defense;

removed “(2) the Secretary of State;

changed “(3) “(2) the Director of National Intelligence; and

changed “(4) “(3) the head of such other Federal department or agency as the Secretary considers necessary.

“60123. Administrative authority of Secretary

“(a) Functions—In order to carry out the responsibilities specified in this subchapter, the Secretary may—

“(1) grant, condition, or transfer licenses under this chapter;

“(2) seek an order of injunction or similar judicial determination from a district court of the United States with personal jurisdiction over the licensee to terminate, modify, or suspend licenses under this subchapter and to terminate licensed operations on an immediate basis, if the Secretary determines that the licensee has substantially failed to comply with any provisions of this chapter, with any terms, conditions, or restrictions of such license, or with any international obligations or national security concerns of the United States;

“(3) provide penalties for noncompliance with the requirements of licenses or regulations issued under this subchapter, including civil penalties not to exceed $10,000 (each day of operation in violation of such licenses or regulations constituting a separate violation);

“(4) compromise, modify, or remit any such civil penalty;

“(5) issue subpoenas for any materials, documents, or records, or for the attendance and testimony of witnesses for the purpose of conducting a hearing under this section;

“(6) seize any object, record, or report pursuant to a warrant from a magistrate based on a showing of probable cause to believe that such object, record, or report was used, is being used, or is likely to be used in violation of this chapter or the requirements of a license or regulation issued thereunder; and

“(7) make investigations and inquiries and administer to or take from any person an oath, affirmation, or affidavit concerning any matter relating to the enforcement of this chapter.

“(b) Review of agency action—Any applicant or licensee that makes a timely request for review of an adverse action pursuant to paragraph (1), (3), (5), or (6) of subsection (a) shall be entitled to adjudication by the Secretary on the record after an opportunity for any agency hearing with respect to such adverse action. Any final action by the Secretary under this subsection shall be subject to judicial review under chapter 7 of title 5.

“60124. Authorization to conduct nongovernmental Earth observation activities

“(a) Requirement—No person may conduct any nongovernmental Earth observation activity without an authorization issued under this subchapter.

“(b) Waivers

changed “(1) In general—The Secretary, in consultation with the Secretary of Defense, the Director of National Intelligence, and the head of such other Federal agency as the Secretary considers appropriate, may waive a requirement under this subchapter for a nongovernmental Earth observation activity, or for a type or class of nongovernmental Earth observation activities, if the Secretary decides that granting a waiver is consistent with section 60121.

changed “(2) Standards—Not later than 120 days after the date of enactment of the Space Frontier Act of 2018, 2019, the Secretary shall establish standards standards, in consultation with the Secretary of Defense and the head of such other Federal agency as the Secretary considers appropriate, for determining the de minimis Earth observation activities that would be eligible for a waiver under paragraph (1).

changed “(c) ApplicationCoverage of authorization—The Secretary shall, to the maximum extent practicable, require a single authorization for a person—

added “(1) to conduct multiple Earth observation activities using a single space object;

added “(2) to operate multiple space objects carrying out substantially similar Earth observation activities; or

added “(3) to use multiple space objects to carry out a single Earth observation activity.

added “(d) Application

“(1) In general—A person seeking an authorization under this subchapter shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require for the purposes described in section 60121, including—

“(A) a description of the proposed Earth observation activity, including—

“(i) a physical and functional description of each space object;

“(ii) the orbital characteristics of each space object, including altitude, inclination, orbital period, and estimated operational lifetime; and

“(iii) a list of the names of all persons that have or will have direct operational or financial control of the Earth observation activity;

“(B) a plan to prevent orbital debris consistent with the 2001 United States Orbital Debris Mitigation Standard Practices or any subsequent revision thereof; and

“(C) a description of the capabilities of each instrument to be used to observe the Earth in the conduct of the Earth observation activity.

“(2) Application status—Not later than 14 days after the date of receipt of an application, the Secretary shall make a determination whether the application is complete or incomplete and notify the applicant of that determination, including, if incomplete, the reason the application is incomplete.

added “(e) Review

added “(1) In general—Not later than 90 days after the date that the Secretary makes a determination under subsection (d)(2) that an application is complete, the Secretary shall review all information provided in that application and, subject to the provisions of this subsection, notify the applicant in writing whether the application was approved, with or without conditions, or denied.

removed “(d) Review

removed “(1) In general—Not later than 120 days after the date that the Secretary makes a determination under subsection (c)(2) that an application is complete, the Secretary shall review all information provided in that application and, subject to the provisions of this subsection, notify the applicant in writing whether the application was approved or denied.

“(2) Approvals—The Secretary shall approve an application under this subsection if the Secretary determines that—

“(A) the Earth observation activity is consistent with the purposes described in section 60121; and

“(B) the applicant is in compliance, and will continue to comply, with this subchapter, including regulations.

“(3) Denials

“(A) In general—If an application under this subsection is denied, the Secretary—

“(i) shall include in the notification under paragraph (1)—

“(I) a reason for the denial; and

“(II) a description of each deficiency, including guidance on how to correct the deficiency;

“(ii) shall sign the notification under paragraph (1);

“(iii) may not delegate the duty under clause (ii); and

“(iv) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a copy of the notification.

added “(B) Interagency review—Not later than 3 days after the date that the Secretary makes a determination under subsection (d)(2) that an application is complete, the Secretary shall consult with the head of each Federal department and agency described in section 60122(b) and if any head of such Federal department or agency does not support approving the application—

removed “(B) Interagency review—If, during the review of an application under paragraph (1), the Secretary consults with the head of another Federal department or agency and that head of another Federal department or agency does not support approving the application—

“(i) that head of another Federal department or agency—

added “(I) not later than 60 days after the date of the consultation, shall notify the Secretary, in writing, of the reason for withholding support, including a description of each deficiency and guidance on how to correct the deficiency;

removed “(I) not later than 90 days after the date of the consultation, shall notify the Secretary, in writing, of the reason for withholding support, including a description of each deficiency and guidance on how to correct the deficiency;

“(II) shall sign the notification under subclause (I); and

added “(III) may not delegate the duty under subclause (II), except the Secretary of Defense may delegate the duty under subclause (II) to an Under Secretary of Defense; and

added “(ii) subject to all applicable laws, the Secretary shall include the notification under clause (i) in the notification under paragraph (1), including classified information if—

added “(I) the Secretary of Defense or Director of National Intelligence, as appropriate, determines that disclosure of the classified information is appropriate; and

added “(II) the applicant has the required security clearance for that classified information.

removed “(III) may not delegate the duty under subclause (II); and

removed “(ii) the Secretary shall include the notification under clause (i) in the notification under paragraph (1), including classified information if the applicant has the required security clearance for that classified information.

“(C) Interagency assents—If the head of another Federal department or agency does not notify the Secretary under subparagraph (B)(i)(I) within the time specified in that subparagraph, that head of another Federal department or agency shall be deemed to have assented to the application.

added “(D) Interagency dissents—If, during the review of an application under paragraph (1), a head of a Federal department or agency described in subparagraph (B) disagrees with the Secretary or the head of another Federal department or agency described in subparagraph (B) with respect to a deficiency under this subsection, the Secretary shall submit the matter to the President, who shall resolve the dispute before the applicable deadline under paragraph (1).

added “(E) Deficiencies—The Secretary shall—

removed “(D) Deficiencies—The Secretary shall—

“(i) provide each applicant under this paragraph with a reasonable opportunity—

“(I) to correct each deficiency identified under subparagraph (A)(i)(II); and

“(II) to resubmit a corrected application for reconsideration; and

added “(ii) not later than 30 days after the date of receipt of a corrected application under clause (i)(II), make a determination whether to approve the application or not, in consultation with—

added “(I) each head of another Federal department or agency that submitted a notification under subparagraph (B); and

added “(II) the head of such other Federal department or agency as the Secretary considers necessary.

added “(F) Improper basis for denial

removed “(ii) not later than 30 days after the date of receipt of a corrected application under clause (i)(II), make a determination, in consultation with each head of another Federal department or agency that submitted a notification under subparagraph (B), whether to approve the application or not.

removed “(E) Improper basis for denial

“(i) Competition—The Secretary shall not deny an application under this subsection in order to protect any existing Earth observation activity from competition.

added “(ii) Capabilities—The Secretary shall not, to the maximum extent practicable, deny an application under this subsection based solely on the capabilities of the Earth observation activity if those capabilities—

added “(I) are commercially available; or

added “(II) are reasonably expected to be made commercially available, not later than 3 years after the date of the application, in the international or domestic marketplace.

added “(iii) Applicability—The prohibition under clause (ii)(II) shall apply whether the marketplace products and services originate from the operation of aircraft, uncrewed aircraft, or other platforms or technical means or are assimilated from a variety of data sources.

removed “(ii) Capabilities—The Secretary shall not, to the maximum extent practicable, deny an application under this subsection based solely on the capabilities of the Earth observation activity if those capabilities are commercially available.

“(4) Deadline—If the Secretary does not notify an applicant in writing before the applicable deadline under paragraph (1), the Secretary shall, not later than 1 business day after the date of the applicable deadline, notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives of the status of the application, including the reason the deadline was not met.

added “(5) Expedited review process—Subject to paragraph (2) of this section and section 60122(b), the Secretary may modify the requirements under this subsection, as the Secretary considers appropriate, to expedite the review of an application that seeks to conduct an Earth observation activity that is substantially similar to an Earth observation activity already licensed under this subchapter.

added “(f) Additional requirements—An authorization issued under this subchapter shall require the authorized person—

removed “(5) Expedited review process—Subject to paragraph (2), the Secretary may modify the requirements under this subsection, as the Secretary considers appropriate, to expedite the review of an application that seeks to conduct an Earth observation activity that is substantially similar to an Earth observation activity already licensed under this subchapter.

removed “(e) Additional requirements—An authorization issued under this subchapter shall require the authorized person—

“(1) to be in compliance with this subchapter;

“(2) to notify the Secretary of any significant change in the information contained in the application; and

“(3) to make available to the government of any country, including the United States, unenhanced data collected by the Earth observation system concerning the territory under the jurisdiction of that government as soon as such data are available and on reasonable commercial terms and conditions.

added “(g) Prohibition on retroactive conditions

added “(1) In general—Except as provided in paragraph (3), the Secretary may not modify any condition on, or add any condition to, an authorization under this subchapter after the date of the authorization.

added “(2) Rule of construction—Nothing in this section shall be constructed to prohibit the Secretary from removing a condition on an authorization under this subchapter.

added “(3) Interagency review

added “(A) In general—Subject to subparagraphs (B) and (E), the Secretary or the head of a Federal department or agency described in section 60122(b) may, without delegation, propose the modification or addition of a condition to an authorization under this subchapter after the date of the authorization.

added “(B) Consultation requirement—Prior to making the modification or addition under subparagraph (A), the Secretary or the applicable head of the Federal department or agency shall consult with the head of each of the other Federal departments and agencies described in section 60122(b) and if any head of such Federal department or agency does not support such modification or addition that head of another Federal department or agency—

added “(i) not later than 60 days after the date of the consultation, shall notify the Secretary, in writing, of the reason for withholding support;

added “(ii) shall sign the notification under clause (i); and

added “(iii) may not delegate the duty under clause (ii).

added “(C) Interagency assents—If the head of another Federal department or agency does not notify the Secretary under subparagraph (B)(i) within the time specified in that subparagraph, that head of another Federal department or agency shall be deemed to have assented to the modification or addition under subparagraph (A).

added “(D) Interagency dissents—If the head of a Federal department or agency described in subparagraph (A) disagrees with the Secretary or the head of another Federal department or agency described in subparagraph (A) with respect to such modification or addition under this paragraph, the Secretary shall submit the matter to the President, who shall resolve the dispute.

added “(E) Notice—Prior to making a modification or addition under subparagraph (A), the Secretary or the head of the Federal department or agency, as applicable, shall—

added “(i) provide notice to the licensee of the reason for the proposed modification or addition, including, if applicable, a description of any deficiency and guidance on how to correct the deficiency; and

added “(ii) provide the licensee a reasonable opportunity to correct a deficiency identified in clause (i).

“60125. Annual reports

added “(a) In general—Not later than 180 days after the date of enactment of the Space Frontier Act of 2019, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the progress in implementing this subchapter, including—

removed “(a) In general—Not later than 180 days after the date of enactment of the Space Frontier Act of 2018, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the progress in implementing this subchapter, including—

“(1) a list of all applications received or pending in the previous calendar year and the status of each such application;

added “(2) notwithstanding paragraph (4) of section 60124(e), a list of all applications, in the previous calendar year, for which the Secretary missed the deadline under paragraph (1) of that section, including the reasons the deadline was not met; and

removed “(2) notwithstanding paragraph (4) of section 60124(d), a list of all applications, in the previous calendar year, for which the Secretary missed the deadline under paragraph (1) of that section, including the reasons the deadline was not met; and

“(3) a description of all actions taken by the Secretary under the administrative authority granted under section 60123.

“(b) Classified annexes—Each report under subsection (a) may include classified annexes as necessary to protect the disclosure of sensitive or classified information.

“(c) Cessation of effectiveness—This section ceases to be effective September 30, 2021.

“60126. Regulations

added “The Secretary may promulgate regulations to implement this subchapter.

removed “The Secretary shall promulgate regulations to implement this subchapter.

“60127. Relationship to other executive agencies and laws

“(a) Executive agencies—Except as provided in this subchapter or chapter 509, or any activity regulated by the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.), a person is not required to obtain from an executive agency a license, approval, waiver, or exemption to conduct a nongovernmental Earth observation activity.

“(b) Rule of construction—This subchapter does not affect the authority of—

“(1) the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or

“(2) the Secretary of Transportation under chapter 509 of this title.

“(c) Nonapplication—This subchapter does not apply to any space activity the United States Government carries out for the Government.”

“60147. Consultation

“(a) Consultation with Secretary of Defense—The Landsat Program Management shall consult with the Secretary of Defense on all matters relating to the Landsat Program under this chapter that affect national security. The Secretary of Defense shall be responsible for determining those conditions, consistent with this chapter, necessary to meet national security concerns of the United States and for notifying the Landsat Program Management of such conditions.

“(b) Consultation with Secretary of State

“(1) In general—The Landsat Program Management shall consult with the Secretary of State on all matters relating to the Landsat Program under this chapter that affect international obligations. The Secretary of State shall be responsible for determining those conditions, consistent with this chapter, necessary to meet international obligations and policies of the United States and for notifying the Landsat Program Management of such conditions.

“(2) International aid—Appropriate United States Government agencies are authorized and encouraged to provide remote sensing data, technology, and training to developing nations as a component of programs of international aid.

“(3) Reporting discriminatory distribution—The Secretary of State shall promptly report to the Landsat Program Management any instances outside the United States of discriminatory distribution of Landsat data.

“(c) Status report—The Landsat Program Management shall, as often as necessary, provide to Congress complete and updated information about the status of ongoing operations of the Landsat system, including timely notification of decisions made with respect to the Landsat system in order to meet national security concerns and international obligations and policies of the United States Government.”

changed Section 20145(b) 20145(g) of title 51, United States Code, is amended—amended by striking “December 31, 2018” and inserting “December 31, 2019”.

removed “(B) In-kind consideration—Notwithstanding subparagraph (A), the Administrator may accept in-kind consideration for leases entered into for the purpose of developing—

removed “(i) renewable energy production facilities; and

removed “(ii) space sector industrial infrastructure and business facilities that the Administrator determines would advance national security interests or civil space capabilities.”

removed It is the sense of Congress that—