ASCEND Act

This Act may be cited as the “Accessing Satellite Capabilities to Enable New Discoveries Act” or the “ASCEND Act”.

(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) After the completion of the Private-Sector Small Constellation Satellite Data Product Pilot launch in 2017, the Administrator of NASA established the Commercial SmallSat Data Acquisition Pilot Program in 2019 to identify, evaluate, 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 be known as the “Commercial Satellite Data Acquisition Program”, to cost-effectively acquire and disseminate commercial Earth observation data and imagery in order to complement the scientific, operational, and educational requirements of the Administration, and where appropriate, of other Federal agencies and scientific researchers.

(b) Data publication and accessibility.— 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 in academic or scientific articles, papers, or other similar publications for scientific purposes; or

(2) the publication, in academic or scientific articles, papers, or other similar publications, 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: