ASCEND Act
Officially: “ASCEND Act” Read the full text
What it does
Read it in plain language
1Short title
This section would give the Act a short title: the Accessing Satellite Capabilities to Enable New Discoveries Act, also called the ASCEND Act.
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1. Short title This Act may be cited as the Accessing Satellite Capabilities to Enable New Discoveries Act or the ASCEND Act .
2Commercial satellite data
This section would state a set of congressional findings and then create a new NASA program for buying and sharing commercial satellite data. Congress finds that existing law already directs NASA's Earth Science program to pursue Earth observations, research, and applications activities so people can better understand the Earth, how it supports life, and how human activity affects the Earth's ability to keep supporting life in the future. Congress also finds that a separate existing law already tells the NASA Administrator that, to the extent possible, while satisfying NASA's scientific or educational requirements and, where appropriate, the requirements of other federal agencies and scientific researchers, the Administrator must acquire, where cost effective, space-based and airborne commercial Earth remote sensing data, services, distribution, and applications from a commercial provider. Congress further finds that the NASA Administrator started a Commercial SmallSat Data Acquisition Pilot Program in 2019 to identify, validate, and acquire commercial data supporting Earth science research and application goals; that the Administrator determined, based on a 2020 evaluation report, that the pilot program was a success; that the Administrator set up a formal process for evaluating and onboarding new commercial vendors into the pilot program; that the Administrator increased the number of commercial vendors and commercial data products available through the pilot program; and that the Administrator expanded procurement arrangements with commercial vendors to broaden federally funded researchers' access to Earth remote sensing data and imagery. This section would then add a new section, numbered 60307, to chapter 603 of title 51 of the United States Code. Under the new section, the NASA Administrator would have to establish, within the Earth Science Division of the Science Mission Directorate, a program to acquire and disseminate commercial Earth observation data and imagery in order to satisfy the scientific, operational, and educational requirements of NASA and, where appropriate, of other federal agencies and scientific researchers. The terms and conditions NASA sets for data and imagery acquired under this program could not prevent the publication of the commercial data or imagery for scientific purposes, and could not prevent the publication of information that is derived from, incorporates, or enhances a vendor's original commercial data or imagery. In carrying out the program, the Administrator could procure commercial Earth remote sensing data and imagery from commercial vendors to advance scientific research and applications for the program's stated purpose, and could establish or modify end-use license terms and conditions to allow the widest possible use of the procured data and imagery by individuals other than NASA-funded users, as long as that use stays consistent with the program's goals. Data and imagery procured under this authority would have to be procured, to the maximum extent practicable, from United States vendors, meaning commercial or nonprofit entities incorporated in the United States. The new section would also require a recurring report. Not later than 180 days after this provision becomes law, and annually after that, the Administrator would have to submit a report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science, Space, and Technology. The initial report would have to list all vendors providing commercial Earth remote sensing data and imagery to NASA as of the date of that report; each subsequent report would instead have to list all vendors that provided such data and imagery to NASA during that report's reporting period. Every report, initial or subsequent, would also have to describe the end-use license terms and conditions for each such vendor, describe how each such vendor is advancing scientific research and applications, including priorities recommended by National Academies of Sciences, Engineering, and Medicine decadal surveys, and state whether the Administrator has entered into an agreement with a commercial vendor or a federal agency that permits federal government employees, contractors, or non-federal users to use the data and imagery. Finally, this section would add a matching entry, for the new section 60307, to the table of contents for chapter 603 of title 51 of the United States Code.
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2. Commercial satellite data (a) Findings Congress makes the following findings: (1) Section 60501 of title 51, United States Code, states that the goal for the Earth Science program of the National Aeronautics and Space Administration (referred to in this section as NASA ) shall be 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 of title 51, United States Code, states that the Administrator of NASA shall, to the extent possible and while satisfying the scientific or educational requirements of NASA, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space-based and airborne commercial Earth remote sensing data, services, distribution, and applications from a commercial provider. (3) The Administrator of NASA established the Commercial SmallSat Data Acquisition Pilot Program in 2019 to identify, validate, and acquire from commercial sources data that support the Earth science research and application goals. (4) The Administrator of NASA has— (A) determined that the pilot program described in paragraph (3) has been a success, as described in the final evaluation entitled Commercial SmallSat Data Acquisition Program Pilot Evaluation Report issued in 2020; (B) established a formal process for evaluating and onboarding new commercial vendors in such pilot program; (C) increased the number of commercial vendors and commercial data products available through such pilot program; and (D) expanded procurement arrangements with commercial vendors to broaden user access to provide Earth remote sensing data and imagery to federally funded researchers. (b) Commercial Satellite Data Acquisition Program (1) In general Chapter 603 of title 51, United States Code, is amended by adding at the end the following: 60307. Commercial Satellite Data Acquisition Program (a) In general The Administrator shall establish within the Earth Science Division of the Science Mission Directorate a program to acquire and disseminate commercial Earth observation data and imagery in order to satisfy the scientific, operational, and educational requirements of the Administration, and where appropriate, of other Federal agencies and scientific researchers. (b) Data publication and transparency The terms and conditions of commercial Earth remote sensing data and imagery acquisitions under the program described in subsection (a) shall not prevent— (1) the publication of commercial data or imagery for scientific purposes; or (2) the publication of information that is derived from, incorporates, or enhances the original commercial data or imagery of a vendor. (c) Authorization (1) In general In carrying out the program under this section, the Administrator may— (A) procure commercial Earth remote sensing data and imagery from commercial vendors to advance scientific research and applications for the purpose set forth in subsection (a); and (B) establish or modify end-use license terms and conditions to allow for the widest possible use of procured commercial Earth remote sensing data and imagery by individuals other than NASA-funded users, consistent with the goals of the program. (2) Acquisition from United States vendors The commercial Earth remote sensing data and imagery procured under this subsection shall be procured, to the maximum extent practicable, from United States vendors. (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 Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that includes the following: (1) (A) In the case of the initial report, a list of all vendors that are providing commercial Earth remote sensing data and imagery to NASA as of the date of the report. (B) For each subsequent report, a list of all vendors that have provided commercial Earth remote sensing data and imagery to NASA during the reporting period. (2) A description of 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 priorities recommended by the National Academies of Sciences, Engineering, and Medicine decadal surveys. (4) Information specifying whether the Administrator has entered into an agreement with a commercial vendor or a Federal agency that permits the use of data and imagery by Federal Government employees, contractors, or non-Federal users. (e) Definition of United States vendor In this section, the term United States vendor means a commercial or nonprofit entity incorporated in the United States. . (2) Clerical amendment The table of contents for chapter 603 of title 51, United States Code, is amended by adding at the end the following new item: 60307. Commercial Satellite Data Acquisition Program. .
Where it is
In the Senate.