S.Amdt. 1896

SA 1896. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:

After section 2645, insert the following:

SEC. 2645A. ESTABLISHMENT OF COMMERCIAL SMALLSAT DATA
PROGRAM.

(a) Findings.--Congress makes the following findings:
(1) Section 60501 of title 51, United States Code, states
that the goal of the Administration's Earth science program
is ``to pursue a program of Earth observations, research, and
applications activities to better understand the Earth, how
it supports life, and how human activities affect its ability
to do so in the future''.
(2) Section 50115 title 51, United States Code, directs the
Administrator to acquire space-based and airborne Earth
remote sensing data, services, distribution, and applications
from a commercial provider.
(3) In 2019, the Administrator established the Commercial
SmallSat Data Acquisition Pilot Program to identify,
evaluate, and acquire data from commercial sources that
support NASA's Earth science research and application goals,
and NASA has--
(A) determined, in its 2020 final evaluation entitled
``Commercial SmallSat Data Acquisition Program Pilot
Evaluation Report'', that the program has been a success;
(B) expanded its procurement arrangements with commercial
vendors to provide Earth remote sensing data and imagery to
NASA-funded scientists; and
(C) sought to increase the number of commercial vendors,
expand acquisition of commercial data products, and broaden
user access despite a lack of corresponding growth in the
program's budget.
(b) Establishment of Commercial SmallSat Data Program.--
(1) In general.--Chapter 603 of title 51, United States
Code, is amended by adding at the end the following:

``Sec. 60307. Commercial SmallSat Data program

``(a) Establishment.--Not later than 90 days after the date
of the enactment of this section, the Administrator shall
establish within the Earth Science Division of the Science
Mission Directorate a program, to be known as the `Commercial
SmallSat Data Program' (referred to in this section as the
`Program'), to procure and disseminate commercial Earth
observation data and imagery.
``(b) Data Publication and Transparency.--The terms and
conditions of commercial remote sensing data acquisitions
under the Program may not prevent the publication of--
``(1) data for scientific purposes; or
``(2) information that enhances the original data of a
vendor.
``(c) Funding.--The Administrator may obligate such sums as
necessary--
``(1) to procure from commercial vendors the remote sensing
data and imagery necessary to advance NASA scientific
research and applications; and
``(2) to establish or modify end-use license terms and
conditions to allow individuals other than NASA-funded users
to use such procured data and imagery.
``(d) Report.--Not later than 180 days after the date of
the enactment of this section, and annually thereafter, the
Administrator shall submit to the appropriate committees of
Congress a report that includes the following:
``(1) A list of all vendors that provide remote sensing
data and imagery to NASA.
``(2) The end-use license terms and conditions for each
such vendor.
``(3) A description of the manner in which each such vendor
is advancing scientific research and applications, including
the priorities recommended in the decadal surveys of the
National Academies of Sciences, Engineering, and Medicine.
``(4) A determination as to whether the Administrator has
entered into any agreement with a commercial vendor or any
other civilian agency that permits the use of data and
imagery by Federal Government employees, contractors, or non-
Federal users.''.
(2) Conforming amendment.--The table of sections for
chapter 603 of title 51, United States Code, is amended by
inserting after the item relating to section 60306 the
following:
``60307. Commercial SmallSat Data program.''.
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