I 

116TH CONGRESS 

1ST SESSION H. R. 3610 

To amend title 51, United States Code, to provide for the authorization 

and supervision of nongovernmental space activities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 2, 2019 

Mr. BABIN introduced the following bill; which was referred to the Committee 

on Science, Space, and Technology 

A BILL 

To amend title 51, United States Code, to provide for the 

authorization and supervision of nongovernmental space 

activities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘American Space Commerce Free Enterprise Act of 

6 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents is 

8 as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; policy; purposes. 

Sec. 3. Certification to operate space objects. 


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Sec. 4. Permitting of space-based remote sensing systems. 

Sec. 5. Administrative provisions related to certification and permitting. 

Sec. 6. Technical and conforming amendments. 

Sec. 7. Office of Space Commerce. 

Sec. 8. Restriction on preventing launches and reentries of certified space objects. 

Sec. 9. Report on registration of space objects. 

Sec. 10. Comptroller General report. 

1 SEC. 2. FINDINGS; POLICY; PURPOSES. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The United States, through existing author4 ization and supervision mechanisms, satisfies and is 

5 in conformity with its obligation under the Outer 

6 Space Treaty to authorize and supervise nongovern7 mental space activities to assure such activities are 

8 carried out in conformity with the international obli9 gations of the United States under the Outer Space 

10 Treaty. 

11 (2) The United States has a robust and innova12 tive private sector that is investing in, developing, 

13 and placing into outer space, spacecraft and pay14 loads. 

15 (3) Authorization and supervision mechanisms 

16 as of the date of enactment of this Act could be im17 proved to relieve administrative burdens on new and 

18 innovative nongovernmental space actors. 

19 (4) It serves the national interest to address 

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1 vision certification authority for nongovernmental 

2 outer space activities. 

3 (5) The private exploration and use of outer 

4 space by nongovernmental entities will further the 

5 national security, foreign policy, and economic inter6 ests of the United States. 

7 (b) POLICY.—It is the policy of the United States 

8 that— 

9 (1) United States citizens and entities are free 

10 to explore and use space, including the utilization of 

11 outer space and resources contained therein, without 

12 conditions or limitations; 

13 (2) this freedom is only to be limited when nec14 essary to assure United States national security in15 terests are met and to authorize and supervise non16 governmental space activities to assure such activi17 ties are carried out in conformity with the inter18 national obligations of the United States under the 

19 Outer Space Treaty; 

20 (3) to the maximum extent practicable, the 

21 Federal Government shall interpret and fulfill its 

22 international obligations to minimize regulations and 

23 limitations on the freedom of United States non24 governmental entities to explore and use space; 


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1 (4) to the maximum extent practicable, the 

2 Federal Government shall take steps to protect the 

3 physical safety of space objects operated by the 

4 United States that do not involve limitations on the 

5 freedoms of nongovernmental entities of the United 

6 States; and 

7 (5) nongovernmental activities in outer space 

8 shall only be authorized and supervised in a trans9 parent, timely, and predictable manner, with mini10 mal costs and burdens placed on the entities author11 ized and supervised. 

12 (c) PURPOSES.—The purposes of this Act and the 

13 amendments made by this Act are— 

14 (1) to enhance the existing outer space author15 ization and supervision framework to provide greater 

16 transparency, greater efficiency, and less administra17 tive burden for nongovernmental entities of the 

18 United States seeking to conduct space activities; 

19 and 

20 (2) to ensure that the United States remains 

21 the world leader in commercial space activities. 

22 (d) DEFINITIONS.—In this Act— 

23 (1) the term ‘‘Agreement on the Rescue of As24 tronauts and the Return of Space Objects’’ means 

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1 turn of Astronauts and the Return of Objects 

2 Launched into Outer Space (signed at Washington, 

3 Moscow, and London on April 22, 1968, ratified by 

4 the United States on December 3, 1968; 19 UST 

5 7570); 

6 (2) the term ‘‘Convention on Registration of 

7 Space Objects’’ means the Convention on Registra8 tion of Objects Launched into Outer Space (signed 

9 at New York on January 14, 1975, ratified by the 

10 United States on September 15, 1976; 28 UST 

11 695); 

12 (3) the term ‘‘covered treaties on outer space’’ 

13 means— 

14 (A) the Outer Space Treaty; 

15 (B) the Agreement on the Rescue of Astro16 nauts and the Return of Space Objects; 

17 (C) the Convention on Registration of 

18 Space Objects; and 

19 (D) the Liability Convention; 

20 (4) the term ‘‘Liability Convention’’ means the 

21 Convention on the International Liability for Dam22 age Caused by Space Objects (signed at Washington, 

23 Moscow, and London on March 29, 1972, ratified by 

24 the United States on October 9, 1973; 24 UST 

25 2389); and 


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1 (5) the term ‘‘Outer Space Treaty’’ means the 

2 Treaty on Principles Governing the Activities of 

3 States in the Exploration and Use of Outer Space, 

4 including the Moon and Other Celestial Bodies 

5 (signed at Washington, Moscow, and London on 

6 January 27, 1967, ratified by the United States on 

7 October 10, 1967; 18 UST 2410). 

8 SEC. 3. CERTIFICATION TO OPERATE SPACE OBJECTS. 

9 Title 51, United States Code, is amended by adding 

10 at the end the following: 

11 ‘‘Subtitle VIII—Authorization and 

12 Supervision of Nongovernmen13 tal Space Activities 

14 ‘‘CHAPTER 801—CERTIFICATION TO 

15 OPERATE SPACE OBJECTS 

‘‘Sec. 

‘‘80101. Definitions. 

‘‘80102. Certification authority. 

‘‘80103. Certification application and requirements. 

‘‘80104. Mitigation of space debris. 

‘‘80105. Continuing certification requirements. 

‘‘80106. Certification transfer. 

‘‘80107. Certification expiration and termination. 

‘‘80108. Existing license or pending application for launch or reentry. 

‘‘80109. Private Space Activity Advisory Committee. 

‘‘80110. Exemptions. 

‘‘80111. Protecting the interests of United States entity space objects. 

16 ‘‘§ 80101. Definitions 

17 ‘‘In this subtitle: 


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1 ‘‘(1) AGENCY.—The term ‘agency’ has the 

2 meaning given the term Executive agency in section 

3 105 of title 5. 

4 ‘‘(2) AGREEMENT ON THE RESCUE OF ASTRO5 NAUTS AND THE RETURN OF SPACE OBJECTS.—The 

6 term ‘Agreement on the Rescue of Astronauts and 

7 the Return of Space Objects’ means the Agreement 

8 on the Rescue of Astronauts, the Return of Astro9 nauts and the Return of Objects Launched into 

10 Outer Space (signed at Washington, Moscow, and 

11 London on April 22, 1968, ratified by the United 

12 States on December 3, 1968; 19 UST 7570). 

13 ‘‘(3) CONVENTION ON REGISTRATION OF SPACE

14 OBJECTS.—The term ‘Convention on Registration of 

15 Space Objects’ means the Convention on Registra16 tion of Objects Launched into Outer Space (signed 

17 at New York on January 14, 1975, ratified by the 

18 United States on September 15, 1976; 28 UST 

19 695). 

20 ‘‘(4) COVERED TREATIES ON OUTER SPACE.— 

21 The term ‘covered treaties on outer space’ means— 

22 ‘‘(A) the Outer Space Treaty; 

23 ‘‘(B) the Agreement on the Rescue of As24 tronauts and the Return of Space Objects; 


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1 ‘‘(C) the Convention on Registration of 

2 Space Objects; and 

3 ‘‘(D) the Liability Convention. 

4 ‘‘(5) LIABILITY CONVENTION.—The term ‘Li5 ability Convention’ means the Convention on the 

6 International Liability for Damage Caused by Space 

7 Objects (signed at Washington, Moscow, and Lon8 don on March 29, 1972, ratified by the United 

9 States on October 9, 1973; 24 UST 2389). 

10 ‘‘(6) NATIONAL OF THE UNITED STATES.—The 

11 term ‘national of the United States’ has the meaning 

12 given such term in section 101(a) of the Immigra13 tion and Nationality Act (8 U.S.C. 1101(a)). 

14 ‘‘(7) OUTER SPACE TREATY.—The term ‘Outer 

15 Space Treaty’ means the Treaty on Principles Gov16 erning the Activities of States in the Exploration 

17 and Use of Outer Space, including the Moon and 

18 Other Celestial Bodies (signed at Washington, Mos19 cow, and London on January 27, 1967, ratified by 

20 the United States on October 10, 1967; 18 UST 

21 2410). 

22 ‘‘(8) SECRETARY.—The term ‘Secretary’ 

23 means, except as otherwise provided in this subtitle, 

24 the Secretary of Commerce, acting through the Of25 fice of Space Commerce. 


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1 ‘‘(9) SPACE-BASED REMOTE SENSING SYS2 TEM.—The term ‘space-based remote sensing sys3 tem’ means a space object in Earth orbit that is— 

4 ‘‘(A) designed to image the Earth; or 

5 ‘‘(B) capable of imaging a space object in 

6 Earth orbit operated by the Federal Govern7 ment. 

8 ‘‘(10) SPACE DEBRIS MITIGATION.—The term 

9 ‘space debris mitigation’ means efforts to— 

10 ‘‘(A) prevent on-orbit break-ups; 

11 ‘‘(B) remove spacecraft that have reached 

12 the end of their mission operation from useful 

13 densely populated orbit regions; and 

14 ‘‘(C) limit the amount of debris released 

15 during normal operations of a space object. 

16 ‘‘(11) SPACE OBJECT.— 

17 ‘‘(A) IN GENERAL.—The term ‘space ob18 ject’ means— 

19 ‘‘(i) a human-made object located in 

20 outer space, including on the Moon and 

21 other celestial bodies, with or without 

22 human occupants, that was launched from 

23 Earth, such as a satellite or a spacecraft, 

24 including component parts of the object; 

25 and 


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1 ‘‘(ii) all items carried on such object 

2 that are intended for use in outer space 

3 outside of, and independent of, the oper4 ation of such object. 

5 ‘‘(B) INCLUSION.—Such term includes any 

6 human-made object that is— 

7 ‘‘(i) manufactured or assembled in 

8 outer space; and 

9 ‘‘(ii) intended for operations in outer 

10 space outside of, and independent of, the 

11 operations of such object in which the 

12 manufacturing or assembly occurred. 

13 ‘‘(C) EXCLUSIONS.—Such term does not 

14 include— 

15 ‘‘(i) an article on board a space object 

16 that is only intended for use inside the 

17 space object; 

18 ‘‘(ii) an article manufactured or proc19 essed in outer space that is a material; or 

20 ‘‘(iii) an article intended for use out21 side of a space object as part of the cer22 tified operations of the space object. 

23 ‘‘(12) STATE.—The term ‘State’ means each of 

24 the several States of the United States, the District 

25 of Columbia, the Commonwealth of Puerto Rico, the 


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1 United States Virgin Islands, Guam, American 

2 Samoa, the Commonwealth of the Northern Mariana 

3 Islands, and any other commonwealth, territory, or 

4 possession of the United States. 

5 ‘‘(13) UNITED STATES.—The term ‘United 

6 States’ means the States, collectively. 

7 ‘‘(14) UNITED STATES ENTITY.—The term 

8 ‘United States entity’ means— 

9 ‘‘(A) an individual who is a national of the 

10 United States; or 

11 ‘‘(B) a nongovernmental entity organized 

12 or existing under, and subject to, the laws of 

13 the United States or a State. 

14 ‘‘§ 80102. Certification authority 

15 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of the American Space Commerce Free 

17 Enterprise Act of 2019, the Secretary shall begin issuing 

18 certifications for the operation of a space object to any 

19 United States entity who submits an application for a cer20 tification in satisfaction of the requirements of this chap21 ter. 

22 ‘‘(b) CONSULTATION.—The Secretary shall, as the 

23 Secretary considers necessary, consult with the heads of 

24 other relevant agencies in carrying out the requirements 

25 of this chapter, pursuant to section 80311. 


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1 ‘‘(c) CERTIFICATION REQUIRED FOR OPERATION.— 

2 Beginning on the date that is 1 year after the date of 

3 enactment of the American Space Commerce Free Enter4 prise Act of 2019, a United States entity may not operate 

5 a space object unless the entity holds a certification issued 

6 under this chapter for the operation of such object or the 

7 entity holds a valid payload approval for launch or reentry 

8 under section 50904 as part of a license issued under 

9 chapter 509, and that satisfies the requirements of section 

10 80108(a). 

11 ‘‘(d) FOREIGN ENTITIES PROHIBITED.—The Sec12 retary may not issue a certification under this chapter to 

13 any person who is not a United States entity. 

14 ‘‘(e) COVERAGE OF CERTIFICATION.—The Secretary 

15 shall, to the maximum extent practicable, require only 1 

16 certification under this chapter for a United States entity 

17 to— 

18 ‘‘(1) conduct multiple operations carried out 

19 using a single space object; 

20 ‘‘(2) operate multiple space objects that carry 

21 out substantially similar operations; or 

22 ‘‘(3) use multiple space objects to carry out a 

23 single space operation. 

24 ‘‘§ 80103. Certification application and requirements 

25 ‘‘(a) APPLICATION PROCESS.— 


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1 ‘‘(1) IN GENERAL.—To be eligible for a certifi2 cation or transfer of a certification to operate a 

3 space object under this chapter, a United States en4 tity shall submit an application to the Secretary as 

5 provided in paragraph (2). Such application shall in6 clude, for each required item or attestation, suffi7 cient evidence to demonstrate each fact or assertion. 

8 ‘‘(2) CONTENTS.—An application described in 

9 paragraph (1) shall include only the following infor10 mation, with respect to each space object and the 

11 operations proposed to be certified: 

12 ‘‘(A) The name, address, and contact in13 formation of one or more nationals of the 

14 United States designated by the applicant as 

15 responsible for the operation of the space ob16 ject. 

17 ‘‘(B) An affirmation, and a document of 

18 proof, that the applicant is a United States en19 tity. 

20 ‘‘(C) If available at the time of submission 

21 of the application, the planned date and loca22 tion of the launch of the space object, including 

23 the identity of the launch provider. 

24 ‘‘(D) The general physical form and com25 position of the space object. 


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1 ‘‘(E) A description of the proposed oper2 ations of the space object that includes— 

3 ‘‘(i) when and where the space object 

4 will operate; and 

5 ‘‘(ii) when and where the operation of 

6 the space object will terminate. 

7 ‘‘(F) A description of how the space object 

8 will be operated and disposed of in a manner to 

9 mitigate the generation of space debris. 

10 ‘‘(G) Information about third-party liabil11 ity insurance obtained, if any, by the applicant 

12 for operations of the space object, including the 

13 amount and coverage of such liability insurance. 

14 ‘‘(H) Whether the space object will include 

15 a space-based remote sensing system. 

16 ‘‘(3) ATTESTATIONS.—An application described 

17 in paragraph (1) shall contain an attestation by the 

18 applicant of each the following: 

19 ‘‘(A) The space object is not a nuclear 

20 weapon or a weapon of mass destruction. 

21 ‘‘(B) The space object will not carry a nu22 clear weapon or weapon of mass destruction. 

23 ‘‘(C) The space object will not be operated 

24 or used for testing of any weapon on a celestial 

25 body. 


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1 ‘‘(D) All information in the application and 

2 supporting documents is true, complete, and ac3 curate. 

4 ‘‘(b) REVIEW OF APPLICATION.— 

5 ‘‘(1) VERIFICATION OF INFORMATION AND AT6 TESTATIONS.—Not later than 90 days after receipt 

7 of an application under this section, the Secretary 

8 shall verify that— 

9 ‘‘(A) the application is complete, including 

10 any required supporting documents; 

11 ‘‘(B) the application does not contain any 

12 clear indication of fraud or falsification; and 

13 ‘‘(C) the application contains each attesta14 tion required under subsection (a)(3). 

15 ‘‘(2) DETERMINATION.—Not later than 90 days 

16 after receipt of an application under this section— 

17 ‘‘(A) if the Secretary verifies that the ap18 plicant has met the application requirements 

19 described in paragraph (1), the Secretary shall 

20 approve the application and issue a certification 

21 to the applicant with or without conditions on 

22 the proposed operation of the space object pur23 suant to subsection (c)(1)(A); or 

24 ‘‘(B) if the Secretary cannot verify that 

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1 ments described in paragraph (1) or if the Sec2 retary determines it is necessary to deny the 

3 application pursuant to subsection (c)(1)(B), 

4 the Secretary— 

5 ‘‘(i) shall issue a denial of the applica6 tion signed by the Secretary (a duty that 

7 may not be delegated, including to the Of8 fice of Space Commerce); and 

9 ‘‘(ii) shall, not later than 10 days 

10 after the decision to deny the certifi11 cation— 

12 ‘‘(I) provide the applicant with a 

13 written notification containing a clear14 ly articulated rationale for the denial 

15 that provides, to the maximum extent 

16 practicable, guidance to the applicant 

17 as to how such rationale for denial 

18 could be addressed in a subsequent 

19 application; and 

20 ‘‘(II) notify the Committee on 

21 Commerce, Science, and Transpor22 tation of the Senate and the Com23 mittee on Science, Space, and Tech24 nology of the House of Representa25 tives of such rationale. 


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1 ‘‘(3) AUTOMATIC APPROVAL.—If the Secretary 

2 has not approved or denied the application before 

3 the deadline under paragraph (2), the certification 

4 shall be approved without condition. The Secretary 

5 may not allow tolling of the 90-day period under 

6 such paragraph. 

7 ‘‘(4) IMPROPER BASIS FOR DENIAL.—The Sec8 retary may not deny an application for a certifi9 cation under this section in order to protect an exist10 ing certification holder from competition. 

11 ‘‘(5) SUBSEQUENT REVIEW.—The Secretary 

12 may not prejudice a new application for the pro13 posed operations denied pursuant to paragraph 

14 (2)(B) if such new application contains remedies ad15 dressing the rationale for such denial. 

16 ‘‘(c) COMPLIANCE WITH THE OUTER SPACE TREA17 TY.— 

18 ‘‘(1) IN GENERAL.—If the Secretary deter19 mines, with clear and convincing evidence, that the 

20 proposed operation of a space object under an appli21 cation for a certification under this chapter is a vio22 lation of an international obligation of the United 

23 States pertaining to a nongovernmental entity of the 

24 United States under the Outer Space Treaty— 


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1 ‘‘(A) the Secretary may condition the pro2 posed operation covered by the certification only 

3 to the extent necessary to prevent a violation of 

4 such international obligation; or 

5 ‘‘(B) if the Secretary determines that there 

6 is no practicable way to condition such certifi7 cation to prevent such a violation, the Secretary 

8 may deny the application. 

9 ‘‘(2) LIMITATION FOR DETERMINATIONS.—A 

10 determination under paragraph (1) shall be limited 

11 as follows: 

12 ‘‘(A) The Federal Government shall inter13 pret and fulfill its international obligations 

14 under the Outer Space Treaty in a manner that 

15 minimizes regulations and limitations on the 

16 freedom of United States nongovernmental enti17 ties to explore and use space. 

18 ‘‘(B) The Federal Government shall inter19 pret and fulfill its international obligations 

20 under the Outer Space Treaty in a manner that 

21 promotes free enterprise in outer space. 

22 ‘‘(C) The Federal Government shall not 

23 presume all obligations of the United States 

24 under the Outer Space Treaty are obligations to 


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1 be imputed upon United States nongovern2 mental entities. 

3 ‘‘(D) Guidelines promulgated by the Com4 mittee on Space Research may not be consid5 ered international obligations of the United 

6 States. 

7 ‘‘(3) PRESUMPTIONS.—In making a determina8 tion under paragraph (1), the Secretary shall pre9 sume, absent clear and convincing evidence to the 

10 contrary, that— 

11 ‘‘(A) any attestation made by an applicant 

12 pursuant to subsection (a)(3) is sufficient to 

13 meet the international obligations of the United 

14 States pertaining to nongovernmental entities of 

15 the United States under the Outer Space Trea16 ty addressed by such attestation; and 

17 ‘‘(B) reasonably commercially available ef18 forts are sufficient to be in conformity with the 

19 international obligations of the United States 

20 pertaining to nongovernmental entities of the 

21 United States under the Outer Space Treaty. 

22 ‘‘(4) PROHIBITION ON RETROACTIVE CONDI23 TIONS.—No other modifications may be made, or 

24 additional conditions placed, on a certification after 

25 the date on which the certification is issued (except 


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1 to account for a material change as provided in sec2 tion 80105(c) or the removal of a condition pursuant 

3 to subsection (d)). 

4 ‘‘(5) NONDELEGABLE.—The responsibilities of 

5 the Secretary under this subsection may not be dele6 gated, including to the Office of Space Commerce. 

7 ‘‘(d) AUTHORITY TO REMOVE CONDITIONS.—The 

8 Secretary, as determined appropriate, may remove a con9 dition placed on a certification pursuant to subsection (c). 

10 ‘‘§ 80104. Mitigation of space debris 

11 ‘‘(a) PLAN SUBMISSION.—To be eligible for a certifi12 cation under this chapter, each application shall include 

13 a space debris mitigation plan for the space object. Such 

14 plan— 

15 ‘‘(1) shall take into account best practice guide16 lines promulgated by the United States and the 

17 Interagency Debris Coordinating Committee; and 

18 ‘‘(2) may take into account that a space object 

19 may end certified operations and be stored in a safe 

20 manner until such time as the space object is perma21 nently disposed of or certified for further operations. 

22 ‘‘(b) IMPLEMENTATION.—To the maximum extent 

23 practicable, a holder of a certification under this chapter 

24 shall notify the Secretary not later than 30 days before 

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1 bris mitigation plan described in subsection (a). Such cer2 tification holder shall, not later than 30 days after com3 pleting implementation of such phase, update the Sec4 retary of the results of any space debris mitigation efforts. 

5 ‘‘§ 80105. Continuing certification requirements 

6 ‘‘(a) NOTIFICATION REQUIREMENT.—A certification 

7 holder shall, in a timely manner, notify the Secretary if— 

8 ‘‘(1) a certified space object has terminated op9 erations; or 

10 ‘‘(2) a catastrophic event has occurred to a cer11 tified space object, such as the unplanned destruc12 tion of a space object. 

13 ‘‘(b) MATERIAL CHANGE.—The Secretary shall re14 quire certification holders to inform the Secretary of— 

15 ‘‘(1) any material changes to the space object 

16 or the planned operations of the space object prior 

17 to launch; and 

18 ‘‘(2) any material anomalies or departures from 

19 the planned operations during the course of oper20 ations. 

21 ‘‘(c) UPDATE TO CERTIFICATION.—Not later than 14 

22 days after the date of receipt of information regarding a 

23 material change pursuant to subsection (b), the Secretary 

24 shall make a determination of whether such material 

25 change is substantial enough to warrant additional review 


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1 under section 80103(b). Not later than 90 days after a 

2 determination that such review is warranted, the Secretary 

3 shall complete a similar such review process for such mate4 rial change as is required for a certification applicant 

5 under such section. 

6 ‘‘§ 80106. Certification transfer 

7 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

8 (c), the Secretary shall provide for the transfer of a certifi9 cation under this chapter from the certification holder to 

10 another United States entity to continue the operations 

11 allowed under such certification. 

12 ‘‘(b) TRANSFER REQUEST REQUIREMENTS.—To be 

13 eligible for a transfer under subsection (a), the certifi14 cation holder shall submit to the Secretary a request that 

15 includes— 

16 ‘‘(1) any identifying information regarding the 

17 proposed transferee, including accompanying sup18 porting documents, that would be required under an 

19 initial application under section 80103; and 

20 ‘‘(2) each attestation required under section 

21 80103(a)(3), including accompanying supporting 

22 documents, completed by the proposed transferee. 

23 ‘‘(c) DETERMINATION.—Not later than 90 days after 

24 a certification holder submits a request under subsection 

25 (b), the Secretary shall complete a similar review process 


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1 for the request for transfer as required for a certification 

2 applicant under section 80103(b). 

3 ‘‘§ 80107. Certification expiration and termination 

4 ‘‘(a) CERTIFICATION EXPIRATION.—A certification 

5 issued under this chapter shall expire on the earlier of— 

6 ‘‘(1) the date on which all operations approved 

7 under such certification cease, including carrying out 

8 a space debris mitigation plan of any space object 

9 approved under such certification; 

10 ‘‘(2) the date on which all space objects ap11 proved under the certification no longer exist; or 

12 ‘‘(3) the date that is 5 years after the date on 

13 which the certification was approved, if no oper14 ations approved under the certification have com15 menced by such date. 

16 ‘‘(b) CERTIFICATION TERMINATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall termi18 nate a certification under this chapter if an appli19 cant or certification holder is convicted of a violation 

20 of section 1001 of title 18 related to the certification 

21 process under this chapter. 

22 ‘‘(2) ELIGIBILITY.—A certification holder 

23 whose certification is terminated under this sub24 section shall be ineligible to apply for or receive a 

25 certification under this chapter. 


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1 ‘‘(3) SPACE DEBRIS MITIGATION PLAN.—Upon 

2 termination of a certification under paragraph (1), 

3 the Secretary may require the certification holder to 

4 carry out the space debris mitigation plan submitted 

5 by the certification holder under section 80104. 

6 ‘‘§ 80108. Existing license or pending application for 

7 launch or reentry 

8 ‘‘(a) CONTINUATION OF EXISTING LICENSE.—Any 

9 United States entity for whom a payload has been ap10 proved (and not subject to an exemption under section 

11 80110) on or before the effective date of this section for 

12 launch or reentry under section 50904 as part of a license 

13 issued under chapter 509 may— 

14 ‘‘(1) elect to be immediately considered certified 

15 for operation under this chapter on such effective 

16 date, in which case all terms and conditions applica17 ble to the payload as approved for launch or reentry 

18 as part of a license issued under chapter 509 shall 

19 apply for the duration of the operation of the pay20 load; or 

21 ‘‘(2) apply for a certification under this chapter 

22 for the operation of the licensed activities and may 

23 continue to operate pursuant to such license until 

24 such time as such certification is issued. 


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1 ‘‘(b) RESCINDING OR TRANSFER OF PENDING LI2 CENSE.—A payload of a United States entity that, on the 

3 effective date of this section, is pending approval under 

4 section 50904 as part of a launch or reentry license issued 

5 under chapter 509 may be, at the election of the applicant 

6 for payload approval— 

7 ‘‘(1) rescinded without prejudice; or 

8 ‘‘(2) transferred to the Office of Space Com9 merce and deemed to be a pending application for 

10 certification under this chapter. 

11 ‘‘(c) EFFECTIVE DATE.—This section shall take ef12 fect on the date that is 1 year after the date of enactment 

13 of the American Space Commerce Free Enterprise Act of 

14 2019. 

15 ‘‘§ 80109. Private Space Activity Advisory Committee 

16 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab17 lish a Private Space Activity Advisory Committee (in this 

18 section referred to as the ‘Committee’) consisting of 15 

19 members who shall be appointed by the Secretary. 

20 ‘‘(b) CHAIR.—The Committee shall designate one 

21 member as the chair of the Committee. 

22 ‘‘(c) MEMBERSHIP.— 

23 ‘‘(1) LIMITATION.—Members of the Committee 

24 may not be Federal Government employees or offi25 cials. 


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1 ‘‘(2) TRAVEL EXPENSES.—Members of the 

2 Committee shall receive travel expenses, including 

3 per diem in lieu of subsistence, in accordance with 

4 the applicable provisions under subchapter I of chap5 ter 57 of title 5. 

6 ‘‘(3) QUALIFICATIONS.—Members of the Com7 mittee shall include a variety of space policy, engi8 neering, technical, science, legal, and finance profes9 sionals. Not less than 3 members shall have signifi10 cant experience working in the commercial space in11 dustry. 

12 ‘‘(d) TERMS.—Each member of the Committee shall 

13 serve for a term of 4 years and may not serve as a member 

14 for the 2-year period following the date of completion of 

15 each such term. 

16 ‘‘(e) DUTIES.—The duties of the Committee shall be 

17 to— 

18 ‘‘(1) analyze the status and recent develop19 ments of nongovernmental space activities; 

20 ‘‘(2) analyze the effectiveness and efficiency of 

21 the implementation of the certification process under 

22 this chapter; 

23 ‘‘(3) provide recommendations to the Secretary 

24 and Congress on how the United States can facili25 tate and promote a robust and innovative private 


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1 sector that is investing in, developing, and operating 

2 space objects; 

3 ‘‘(4) identify any challenges the United States 

4 private sector is experiencing— 

5 ‘‘(A) with the authorization and super6 vision of the operation of space objects under 

7 this chapter; 

8 ‘‘(B) more generally, with international ob9 ligations of the United States relevant to pri10 vate sector activities in outer space; 

11 ‘‘(C) with harmful interference to private 

12 sector activities in outer space; and 

13 ‘‘(D) with access to adequate, predictable, 

14 and reliable radio frequency spectrum; 

15 ‘‘(5) review existing best practices for United 

16 States entities to avoid the harmful contamination of 

17 the Moon and other celestial bodies; 

18 ‘‘(6) review existing best practices for United 

19 States entities to avoid adverse changes in the envi20 ronment of the Earth resulting from the introduc21 tion of extraterrestrial matter; 

22 ‘‘(7) provide information, advice, and rec23 ommendations on matters relating to United States 

24 private sector activities in outer space; and 


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1 ‘‘(8) provide information, advice, and rec2 ommendations on matters related to the authority of 

3 the Secretary under this chapter or to private sector 

4 space activities authorized pursuant to this chapter 

5 that the Committee determines necessary. 

6 ‘‘(f) ANNUAL REPORT.—The Committee shall submit 

7 to Congress, the President, and the Secretary an annual 

8 report that includes the information, analysis, findings, 

9 and recommendations described in subsection (e). 

10 ‘‘(g) SUNSET.—The Committee shall terminate on 

11 the date that is 10 years after the date on which the Com12 mittee is established. 

13 ‘‘§ 80110. Exemptions 

14 ‘‘(a) IN GENERAL.—A certification is not required 

15 under this chapter for any of the following operations: 

16 ‘‘(1) Space object activities authorized by an17 other country that is a party to the Outer Space 

18 Treaty. 

19 ‘‘(2) Launch or reentry vehicle operations li20 censed by the Department of Transportation under 

21 chapter 509. 

22 ‘‘(3) Space stations licensed by the Federal 

23 Communications Commission under the Communica24 tions Act of 1934 (47 U.S.C. 151 et seq.). 


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1 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to exempt any entity from the re3 quirement to obtain a permit to operate a space-based re4 mote sensing system under chapter 802. 

5 ‘‘§ 80111. Protecting the interests of United States en6 tity space objects 

7 ‘‘The President shall— 

8 ‘‘(1) protect the interests of United States enti9 ty exploration and use of outer space, including com10 mercial activity and the exploitation of space re11 sources, from acts of foreign aggression and foreign 

12 harmful interference; 

13 ‘‘(2) protect ownership rights of United States 

14 entity space objects and obtained space resources; 

15 and 

16 ‘‘(3) ensure that United States entities oper17 ating in outer space are given due regard.’’. 

18 SEC. 4. PERMITTING OF SPACE-BASED REMOTE SENSING 

19 SYSTEMS. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) The commercial market for space-based re22 mote sensing technologies and information has expe23 rienced significant growth since the passage of the 

24 Land Remote Sensing Policy Act of 1992. 


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1 (2) It is in the interest of the United States to 

2 foster new and novel space-based remote sensing ap3 plications and services and to help facilitate their 

4 continued domestic growth. 

5 (3) Since the passage of the Land Remote 

6 Sensing Policy Act of 1992, the National Oceanic 

7 and Atmospheric Administration’s Office of Com8 mercial Remote Sensing has experienced a signifi9 cant increase in applications for private remote sens10 ing space system licenses as authorized under sec11 tion 60121 of title 51, United States Code. 

12 (4) Many of the applicants for commercial 

13 space-based remote sensing licenses have encoun14 tered significant delays and unnecessary obstacles in 

15 the application process. 

16 (5) The current licensing paradigm must be up17 dated as to not discourage the continued growth of 

18 the United States space-based remote sensing indus19 try. It must be updated in a way that satisfies the 

20 needs of commercial remote sensing market as well 

21 as the national security of the United States. 

22 (6) In order to protect United States leadership 

23 and commercial viability in remote sensing tech24 nologies, the Federal Government should not limit 

25 commercial entities from providing remote sensing 


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1 capabilities or data products that are available or 

2 reasonably expected to be made available in the next 

3 3 years in the international or domestic marketplace. 

4 (b) POLICY.—It is the policy of the United States 

5 that, to the maximum extent practicable, the Federal Gov6 ernment shall take steps to protect the national security 

7 interests of the United States that do not involve regu8 lating or limiting the freedoms of United States non9 governmental entities to explore and use space. Federal 

10 Government agencies shall mitigate any threat to national 

11 security posed by the exploration and use of outer space 

12 by United States citizens and entities, to the maximum 

13 extent practicable, changing Federal Government activi14 ties and operations. 

15 (c) AMENDMENT.—Title 51, United States Code, is 

16 further amended by adding at the end the following: 

17 ‘‘CHAPTER 802—PERMITTING OF SPACE18 BASED REMOTE SENSING SYSTEMS 

‘‘Sec. 

‘‘80201. Permitting authority. 

‘‘80202. Application for permit. 

‘‘80203. Continuing permitting requirements. 

‘‘80204. Permit transfer. 

‘‘80205. Agency activities. 

‘‘80206. Annual reports. 

‘‘80207. Advisory Committee on Commercial Remote Sensing. 

‘‘80208. Continuation of existing license or pending application. 

‘‘80209. Commercial Remote Sensing Regulatory Affairs Office. 


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1 ‘‘§ 80201. Permitting authority 

2 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of the American Space Commerce Free 

4 Enterprise Act of 2019 the Secretary is authorized to per5 mit persons to operate space-based remote sensing sys6 tems. 

7 ‘‘(b) CONSULTATION.—The Secretary shall, as the 

8 Secretary considers necessary, consult with the heads of 

9 other relevant agencies in carrying out the requirements 

10 of this chapter, pursuant to section 80311. 

11 ‘‘(c) LIMITATION WITH RESPECT TO SYSTEM USED

12 FOR OTHER PURPOSES.—In the case of a space object 

13 that is used for remote sensing and other purposes, the 

14 authority of the Secretary under this chapter shall be lim15 ited to the remote sensing operations of such space object. 

16 ‘‘(d) DE MINIMIS EXCEPTION.— 

17 ‘‘(1) WAIVER.—The Secretary may waive the 

18 requirement for a permit for a space-based remote 

19 sensing system that the Secretary determines is— 

20 ‘‘(A) ancillary to the primary design pur21 pose of the space object; or 

22 ‘‘(B) too trivial to require a determination 

23 under section 80202(c) relating to national se24 curity. 

25 ‘‘(2) GUIDANCE.—Not later than 1 year after 

26 the date of enactment of this subsection, the SecVerDate Sep 11 2014 03:00 Jul 12, 2019 Jkt 034408 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3610.IH H3610

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1 retary shall issue guidance providing a clear expla2 nation of the criteria used by the Secretary to grant 

3 a de minimis waiver under paragraph (1)(B) for a 

4 space-based remote sensing system that is too trivial 

5 to require a determination under section 80202(c). 

6 ‘‘(e) COVERAGE OF PERMIT.—The Secretary shall, to 

7 the maximum extent practicable, ensure that only one per8 mit is required under this chapter to— 

9 ‘‘(1) conduct multiple operations carried out 

10 using a space-based remote sensing system; 

11 ‘‘(2) operate multiple space-based remote sens12 ing systems that carry out substantially similar op13 erations; or 

14 ‘‘(3) use multiple space-based remote sensing 

15 systems to carry out a single remote sensing oper16 ation. 

17 ‘‘(f) PROHIBITION ON OPERATION.—Not later than 

18 1 year after the date of enactment of the American Space 

19 Commerce Free Enterprise Act of 2019, no person may, 

20 directly or through any subsidiary or affiliate, operate any 

21 space-based remote sensing system without a permit 

22 issued under this chapter. 

23 ‘‘(g) RESPONSIBLE PARTY.—In any case in which the 

24 applicant for a permit under this chapter is not a United 

25 States entity, the applicant shall identify a United States 


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1 entity that consents to be responsible for the permitted 

2 operation of the space-based remote sensing system. 

3 ‘‘(h) OPERATION OF SPACE-BASED REMOTE SENS4 ING SYSTEM.—For purposes of this chapter, the operation 

5 of a space-based remote sensing system— 

6 ‘‘(1) begins when the system— 

7 ‘‘(A) is located in outer space; and 

8 ‘‘(B) can meet the minimum threshold and 

9 objective capabilities for the system’s stated 

10 need; and 

11 ‘‘(2) shall not cover the acts of distribution, 

12 sale, or transfer of data, information, or services to 

13 persons, foreign or domestic, including any such acts 

14 taken pursuant to an agreement with such persons. 

15 ‘‘§ 80202. Application for permit 

16 ‘‘(a) APPLICATION PROCESS.— 

17 ‘‘(1) IN GENERAL.—To receive a permit to op18 erate a space-based remote sensing system under 

19 this chapter, a person shall submit an application to 

20 the Secretary as provided in paragraph (2). Such 

21 application shall include, for each required item, suf22 ficient evidence to demonstrate each fact or asser23 tion. 

24 ‘‘(2) CONTENTS.—An application described in 

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1 mation, with respect to each space-based remote 

2 sensing system and the operations proposed to be 

3 permitted: 

4 ‘‘(A) The name, address, and contact in5 formation of one or more United States entity 

6 identified by the applicant, pursuant to section 

7 80201(g), as responsible for the operation of 

8 the space-based remote sensing system. 

9 ‘‘(B) If available at the time of submission 

10 of the application, the planned date and loca11 tion of the launch of the applicable space object, 

12 including the identity of the launch provider. 

13 ‘‘(C) The general physical form and com14 position of the space-based remote sensing sys15 tem. 

16 ‘‘(D) A description of the proposed oper17 ations of the space-based remote sensing system 

18 that includes— 

19 ‘‘(i) when and where the space-based 

20 remote sensing system will operate; 

21 ‘‘(ii) when and where the operation of 

22 the space-based remote sensing system will 

23 terminate; and 

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1 section (c) regarding a significant threat to 

2 national security, as prescribed in advance 

3 in regulation by the Secretary. 

4 ‘‘(E) A description of how the space-based 

5 remote sensing system will be operated and dis6 posed of in a manner to mitigate the generation 

7 of space debris. 

8 ‘‘(F) Information about third-party liabil9 ity insurance obtained, if any, by the applicant 

10 for operations of the space-based remote sens11 ing system, including the amount and coverage 

12 of such liability insurance. 

13 ‘‘(b) REVIEW OF APPLICATION.— 

14 ‘‘(1) VERIFICATIONS.—Not later than 90 days 

15 after receipt of an application under this section, the 

16 Secretary shall verify that— 

17 ‘‘(A) the application is complete pursuant 

18 to subsection (a); and 

19 ‘‘(B) the application does not contain any 

20 clear indication of fraud or falsification. 

21 ‘‘(2) DETERMINATION.—Not later than 90 days 

22 after receipt of an application under this section— 

23 ‘‘(A) if the Secretary verifies that the ap24 plicant has met the application requirements 

25 described in paragraph (1), the Secretary shall 


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1 approve the application and issue a permit to 

2 the applicant with or without conditions on the 

3 proposed operation of the space-based remote 

4 sensing system pursuant to subsection 

5 (c)(1)(A); or 

6 ‘‘(B) if the Secretary cannot verify that 

7 the applicant has met the application require8 ments described in paragraph (1) or if the Sec9 retary makes a determination to deny the appli10 cation under subsection (c)(1)(B), the Sec11 retary— 

12 ‘‘(i) shall issue a denial of the applica13 tion signed by the Secretary (a duty that 

14 may not be delegated, including to the Of15 fice of Space Commerce); and 

16 ‘‘(ii) shall, not later than 10 days 

17 after the decision to deny the application— 

18 ‘‘(I) provide the applicant with a 

19 written notification containing a clear20 ly articulated rationale for the denial 

21 that, to the maximum extent prac22 ticable— 

23 ‘‘(aa) provides guidance to 

24 the applicant as to how the ar25 ticulated rationale for denial 


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1 could be addressed in a subse2 quent application; and 

3 ‘‘(bb) includes all classified 

4 information included in such ra5 tionale for which the applicant 

6 has the required security clear7 ance; and 

8 ‘‘(II) submit a notification of the 

9 denial to the Committee on Com10 merce, Science, and Transportation of 

11 the Senate and the Committee on 

12 Science, Space, and Technology of the 

13 House of Representatives that— 

14 ‘‘(aa) contains the clearly 

15 articulated rationale for the de16 nial; and 

17 ‘‘(bb) in the case of a denial 

18 pursuant to a national security 

19 determination under subsection 

20 (c)— 

21 ‘‘(AA) includes an ex22 planation of how, and clear 

23 and convincing evidence 

24 that, to the maximum extent 

25 practicable, the Federal 


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1 Government took steps to 

2 mitigate a significant threat 

3 to the national security of 

4 the United States posed by 

5 the operation of the appli6 cant’s space-based remote 

7 sensing system by changing 

8 Federal Government activi9 ties and operations; and 

10 ‘‘(BB) may contain 

11 classified information. 

12 ‘‘(3) AUTOMATIC APPROVAL.—If the Secretary 

13 has not approved or denied the application before 

14 the deadline under paragraph (2), the application 

15 shall be approved without condition. The Secretary 

16 may not allow tolling of the 90-day period under 

17 such paragraph. 

18 ‘‘(4) IMPROPER BASIS FOR DENIAL.—The Sec19 retary may not deny an application for a permit 

20 under this section in order to protect an existing 

21 permit holder from competition. 

22 ‘‘(5) SUBSEQUENT REVIEW.—The Secretary 

23 may not prejudice a new application for the pro24 posed operations denied pursuant to paragraph 


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1 (2)(B) if such new application contains remedies ad2 dressing the rationale for such denial. 

3 ‘‘(c) ADDRESSING NATIONAL SECURITY THREAT.— 

4 ‘‘(1) IN GENERAL.—If the Secretary deter5 mines, with clear and convincing evidence, that the 

6 proposed operation of a space-based remote sensing 

7 system under an application for a permit under this 

8 chapter poses a significant threat to the national se9 curity of the United States as provided in paragraph 

10 (2)— 

11 ‘‘(A) the Secretary may condition the pro12 posed operation covered by the permit only to 

13 the extent necessary to address such threat; or 

14 ‘‘(B) if the Secretary determines that there 

15 is no practicable way to condition such permit 

16 to address such threat, the Secretary may deny 

17 the application. 

18 ‘‘(2) SIGNIFICANT THREAT TO NATIONAL SECU19 RITY.—For purposes of a determination under para20 graph (1), a significant threat to the national secu21 rity of the United States is a threat— 

22 ‘‘(A) that is imminent; and 

23 ‘‘(B) that cannot practicably be mitigated 

24 through changes to Federal Government activi25 ties or operations. 


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1 ‘‘(3) REASONABLY COMMERCIALLY AVAILABLE

2 EFFORTS.—To the maximum extent practicable, the 

3 Secretary shall only place a condition on a permit 

4 that is achievable using reasonably commercially 

5 available efforts. 

6 ‘‘(4) NOTIFICATION.—Not later than 10 days 

7 after the decision to condition the proposed oper8 ation covered by a permit pursuant to this sub9 section, the Secretary shall— 

10 ‘‘(A) provide the applicant with a written 

11 notification containing a clearly articulated ra12 tionale for the condition that, to the maximum 

13 extent practicable— 

14 ‘‘(i) provides guidance to the applicant 

15 as to how the articulated rationale for con16 dition could be addressed in a subsequent 

17 application; and 

18 ‘‘(ii) includes all classified information 

19 included in such rationale for which the 

20 applicant has the required security clear21 ance; and 

22 ‘‘(B) submit a notification of the condition 

23 to the Committee on Commerce, Science, and 

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1 mittee on Science, Space, and Technology of 

2 the House of Representatives that— 

3 ‘‘(i) contains the clearly articulated 

4 rationale for the condition; 

5 ‘‘(ii) includes an explanation of how, 

6 and clear and convincing evidence that, to 

7 the maximum extent practicable, the Fed8 eral Government took steps to mitigate a 

9 significant threat to the national security 

10 of the United States posed by the oper11 ation of the applicant’s space-based remote 

12 sensing system by changing Federal Gov13 ernment activities and operations; and 

14 ‘‘(iii) may contain classified informa15 tion. 

16 ‘‘(5) PROHIBITION ON RETROACTIVE CONDI17 TIONS.—No other modifications may be made, or 

18 additional conditions placed, on a permit after the 

19 date on which the permit is issued except to account 

20 for a material change as provided in section 

21 80203(c). 

22 ‘‘(6) NONDELEGABLE.—The responsibilities of 

23 the Secretary under this subsection may not be dele24 gated, including to the Office of Space Commerce. 

25 ‘‘(d) LIMITATIONS ON CONDITIONS.— 


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1 ‘‘(1) SAME OR SIMILAR CAPABILITY.—No oper2 ational condition under subsection (c) may be placed 

3 on a space-based remote sensing system that has the 

4 same or substantially similar space-based remote 

5 sensing capabilities as another system permitted 

6 under this chapter with no such condition. 

7 ‘‘(2) CONDITIONS THAT EXCEED PERMITTED

8 CONDITIONS.—The Secretary may not place a condi9 tion on a permit for a space-based remote sensing 

10 system that exceeds a condition placed on an exist11 ing permitted system that has the same or substan12 tially similar capabilities. 

13 ‘‘(e) COMMERCIALLY AVAILABLE CAPABILITY.— 

14 ‘‘(1) EXCEPTION.—The Secretary may not deny 

15 an application for, or place a condition on, a permit 

16 for the operation of a space-based remote sensing 

17 system for which the same or substantially similar 

18 capabilities, derived data, products, or services are 

19 already commercially available or reasonably ex20 pected to be made available in the next 3 years in 

21 the international or domestic marketplace. The ex22 ception in the previous sentence applies regardless of 

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1 craft, or other platforms or technical means or are 

2 assimilated from a variety of data sources. 

3 ‘‘(2) CLEAR AND CONVINCING EVIDENCE.— 

4 Each denial of an application for, and each condition 

5 placed on, a permit for the operation of a space6 based remote sensing system, shall include an expla7 nation of, and clear and convincing evidence that, 

8 the exception under paragraph (1) does not apply 

9 with respect to the proposed permitted operations of 

10 such system. 

11 ‘‘(3) DATABASE.—The President shall— 

12 ‘‘(A) maintain a database of commercially 

13 available capabilities described in paragraph 

14 (1); 

15 ‘‘(B) update such database not less than 

16 once every 3 months; and 

17 ‘‘(C) submit to the Committee on Com18 merce, Science, and Transportation of the Sen19 ate and the Committee on Science, Space, and 

20 Technology of the House of Representatives a 

21 report containing the contents of the database 

22 upon each update required under subparagraph 

23 (B). 

24 ‘‘(4) APPLICANT SUBMISSIONS.—An applicant 

25 for, or holder of, a permit for the operation of a 


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1 space-based remote sensing system may submit to 

2 the Secretary evidence of, or information regarding, 

3 a commercially available capability described in 

4 paragraph (1) for consideration for inclusion in the 

5 database. 

6 ‘‘(5) NONAPPLICATION OF CONDITION.—In any 

7 case in which the Secretary determines that the ex8 ception under paragraph (1) applies with respect to 

9 a permit for the operation of a space-based remote 

10 sensing system for which the Secretary has placed a 

11 condition under subsection (c), such condition shall 

12 no longer apply with respect to such permitted oper13 ations. 

14 ‘‘(f) AUTHORITY TO REMOVE CONDITIONS.—Noth15 ing in this section shall be construed to prohibit the Sec16 retary from removing a condition placed on a permit pur17 suant to subsection (c). 

18 ‘‘§ 80203. Continuing permitting requirements 

19 ‘‘(a) NOTIFICATION REQUIREMENT.—A permit hold20 er shall, in a timely manner, notify the Secretary if— 

21 ‘‘(1) a permitted space-based remote sensing 

22 system has terminated operations; or 

23 ‘‘(2) a catastrophic event has occurred to a 

24 space-based remote sensing system, such as the un25 planned destruction of such system. 


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1 ‘‘(b) MATERIAL CHANGE.—The Secretary shall re2 quire permit holders to inform the Secretary of— 

3 ‘‘(1) any material changes to the space-based 

4 remote sensing system or the planned operations of 

5 such system prior to launch; and 

6 ‘‘(2) any material anomalies or departures from 

7 the planned operations during the course of oper8 ations. 

9 ‘‘(c) UPDATE TO PERMIT.—Not later than 14 days 

10 after the date of receipt of information regarding a mate11 rial change pursuant to subsection (b), the Secretary shall 

12 make a determination of whether such material change is 

13 substantial enough to warrant additional review under sec14 tion 80202(b). Not later than 90 days after a determina15 tion that such review is warranted, the Secretary shall 

16 complete a similar such review process for such material 

17 change as is required for a permit applicant under such 

18 section. 

19 ‘‘§ 80204. Permit transfer 

20 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

21 (c), the Secretary shall provide for the transfer of a permit 

22 under this chapter from the permit holder to another per23 son to continue the operations allowed under such permit. 

24 ‘‘(b) TRANSFER REQUEST REQUIREMENTS.—To be 

25 eligible for a transfer under subsection (a), the permit 


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1 holder shall submit to the Secretary a request that in2 cludes any identifying information regarding the trans3 feree that would be required under an initial application 

4 under section 80202. 

5 ‘‘(c) DETERMINATION.—Not later than 14 days after 

6 the date on which the Secretary receives a transfer request 

7 pursuant to subsection (b), the Secretary shall make a de8 termination of whether such material change is substantial 

9 enough to warrant additional review under section 

10 80202(b). Not later than 90 days after a determination 

11 that such review is warranted, the Secretary shall com12 plete a similar such review process for such transferee as 

13 is required for a permit applicant under such section. 

14 ‘‘(d) MATERIAL CHANGE.—Any transfer of a permit 

15 under this chapter constitutes a material change under 

16 section 80203(b). 

17 ‘‘§ 80205. Agency activities 

18 ‘‘(a) UTILIZATION OF FEDERAL GOVERNMENT VEHI19 CLE.—A person may apply for a permit to operate a 

20 space-based remote sensing system that utilizes, on a 

21 space-available basis, a civilian Federal Government sat22 ellite or vehicle as a platform for such system. The Sec23 retary, pursuant to this chapter, may permit such system 

24 if it meets all conditions of this chapter. 


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1 ‘‘(b) ASSISTANCE.—The Secretary may offer assist2 ance to persons in finding appropriate opportunities for 

3 the utilization described in subsection (a). 

4 ‘‘(c) AGREEMENTS.—To the extent provided in ad5 vance by appropriation Acts, an agency may enter into an 

6 agreement for the utilization described in subsection (a) 

7 if such agreement is consistent with the agency’s mission 

8 and statutory authority, and if the space-based remote 

9 sensing system is issued a permit by the Secretary under 

10 this chapter before commencing operation. 

11 ‘‘§ 80206. Annual reports 

12 ‘‘(a) IN GENERAL.—The Secretary shall submit a re13 port to the Committee on Commerce, Science, and Trans14 portation of the Senate and the Committee on Science, 

15 Space, and Technology of the House of Representatives 

16 not later than 180 days after the date of enactment of 

17 the American Space Commerce Free Enterprise Act of 

18 2019, and annually thereafter, on— 

19 ‘‘(1) the Secretary’s implementation of this 

20 chapter, including— 

21 ‘‘(A) a list of all applications received in 

22 the previous calendar year; 

23 ‘‘(B) a list of all applications that resulted 

24 in a permit; 


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1 ‘‘(C) a list of all applications denied and 

2 an explanation of why each application was de3 nied, including any information relevant to the 

4 adjudication process of a request for a permit; 

5 ‘‘(D) a list of all applications that required 

6 additional information; and 

7 ‘‘(E) a list of all applications whose dis8 position exceeded the 90-day deadline, the total 

9 days overdue for each application that exceeded 

10 such deadline, and an explanation for the delay; 

11 and 

12 ‘‘(2) a description of all actions taken by the 

13 Secretary under the administrative authority grant14 ed by section 80301. 

15 ‘‘(b) CLASSIFIED ANNEXES.—Each report under sub16 section (a) may include classified annexes as necessary to 

17 protect the disclosure of sensitive or classified information. 

18 ‘‘§ 80207. Advisory Committee on Commercial Remote 

19 Sensing 

20 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab21 lish an Advisory Committee on Commercial Remote Sens22 ing (in this section referred to as the ‘Committee’) con23 sisting of 15 members who shall be appointed by the Sec24 retary. 


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1 ‘‘(b) CHAIR.—The Committee shall designate one 

2 member as the chair of the Committee. 

3 ‘‘(c) MEMBERSHIP.— 

4 ‘‘(1) LIMITATION.—Members of the Committee 

5 may not be Federal Government employees or offi6 cials. 

7 ‘‘(2) TRAVEL EXPENSES.—Members of the 

8 Committee shall receive travel expenses, including 

9 per diem in lieu of subsistence, in accordance with 

10 the applicable provisions under subchapter I of chap11 ter 57 of title 5. 

12 ‘‘(d) TERMS.—Each member of the Committee shall 

13 serve for a term of 4 years and may not serve as a member 

14 for the 2-year period following the date of completion of 

15 each such term. 

16 ‘‘(e) DUTIES.—The duties of the Committee shall be 

17 to— 

18 ‘‘(1) provide information, advice, and rec19 ommendations on matters relating to the United 

20 States commercial space-based remote sensing in21 dustry; 

22 ‘‘(2) analyze the effectiveness and efficiency of 

23 the implementation of the space-based remote sens24 ing system permitting process under this chapter; 


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1 ‘‘(3) provide recommendations to the Secretary 

2 and Congress on how the United States can facili3 tate and promote a robust and innovate private sec4 tor that is investing in, developing, and operating 

5 space-based remote sensing systems; 

6 ‘‘(4) identify any challenges the United States 

7 private sector is experiencing with the authorization 

8 and supervision of the operation of space-based re9 mote sensing systems under this chapter; and 

10 ‘‘(5) provide information, advice, and rec11 ommendations on matters related to the authority of 

12 the Secretary under this chapter or to private sector 

13 space activities authorized pursuant to this chapter 

14 that the Committee determines necessary. 

15 ‘‘(f) ANNUAL REPORT.—The Committee shall submit 

16 to Congress, the President, the Secretary, and the Direc17 tor of the Office of Space Commerce, an annual report 

18 that includes the information, analysis, findings, and rec19 ommendations described in subsection (e). 

20 ‘‘(g) SUNSET.—The Committee shall terminate on 

21 the date that is 10 years after the date on which the Com22 mittee is established. 


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1 ‘‘§ 80208. Continuation of existing license or pending 

2 application 

3 ‘‘(a) CONTINUATION OF EXISTING LICENSE.—Any 

4 United States entity for whom a license for the operation 

5 of a space-based remote sensing system issued under sub6 chapter III of chapter 601 that is valid on the effective 

7 date of this section may— 

8 ‘‘(1) elect to be immediately considered per9 mitted for operation under this chapter, in which 

10 case all terms and conditions of a license issued 

11 under such subchapter with respect to the operation 

12 of such system shall apply for the duration of the li13 cense; or 

14 ‘‘(2) apply for a permit for operation under this 

15 chapter and may continue to operate pursuant to 

16 such license until such time as such permit is issued. 

17 ‘‘(b) RESCIND OR TRANSFER OF PENDING LI18 CENSE.—An applicant with an application for a remote 

19 sensing license under subchapter III of chapter 601 that 

20 is pending on the effective date of this section may be, 

21 at the election of the applicant— 

22 ‘‘(1) rescinded without prejudice; or 

23 ‘‘(2) transferred to the Office of Space Com24 merce and deemed to be a pending application for a 

25 permit under this chapter. 


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1 ‘‘(c) EFFECTIVE DATE.—This section shall take ef2 fect on the date that is 1 year after the date of enactment 

3 of the American Space Commerce Free Enterprise Act of 

4 2019. 

5 ‘‘§ 80209. Commercial Remote Sensing Regulatory Af6 fairs Office 

7 ‘‘On the date that is 1 year after the date of enact8 ment of the American Space Commerce Free Enterprise 

9 Act of 2019, the Commercial Remote Sensing Regulatory 

10 Affairs Office of the National Oceanic and Atmospheric 

11 Administration is abolished.’’. 

12 SEC. 5. ADMINISTRATIVE PROVISIONS RELATED TO CER13 TIFICATION AND PERMITTING. 

14 Title 51, United States Code, is further amended by 

15 adding at the end the following: 

16 ‘‘CHAPTER 803—ADMINISTRATIVE PROVI17 SIONS RELATED TO CERTIFICATION 

18 AND PERMITTING 

‘‘Sec. 

‘‘80301. Administrative authority. 

‘‘80302. Consultation. 

‘‘80303. Appeal of denial or condition of certification or permit. 

‘‘80304. Exclusive authority for determination of international obligations. 

‘‘80305. Limitation on certain agency supervision. 

‘‘80306. Commercial exploration and use of outer space. 

‘‘80307. Rule of construction on concurrent application submission. 

‘‘80308. Federal jurisdiction. 

‘‘80309. Global commons. 

‘‘80310. Regulatory authority. 

‘‘80311. Consultation with relevant agencies. 

‘‘80312. Authorization of appropriations. 


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1 ‘‘§ 80301. Administrative authority 

2 ‘‘(a) FUNCTIONS.—In order to carry out the respon3 sibilities specified in this subtitle, the Secretary may— 

4 ‘‘(1) seek an order of injunction or similar judi5 cial determination from a district court of the 

6 United States with personal jurisdiction over the 

7 certification or permit holder to terminate certifi8 cations or permits under this subtitle and to termi9 nate certified or permitted operations on an imme10 diate basis, if the Secretary determines that the cer11 tification or permit holder has substantially failed to 

12 comply with any provisions of this subtitle, or with 

13 any terms of a certification or permit; 

14 ‘‘(2) provide for civil penalties not to exceed 

15 $10,000 (each day of operation constituting a sepa16 rate violation) and not to exceed $500,000 in total, 

17 for— 

18 ‘‘(A) noncompliance with the certification 

19 or permitting requirements or regulations 

20 issued under this subtitle; or 

21 ‘‘(B) the operation of a space object or 

22 space-based remote sensing system without the 

23 applicable certification or permit issued under 

24 this subtitle; 

25 ‘‘(3) compromise, modify, or remit any such 

26 civil penalty; 


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1 ‘‘(4) seize any object, record, or report, or cop2 ies of materials, documents, or records, pursuant to 

3 a warrant from a magistrate based on a showing of 

4 probable cause to believe that such object, record, or 

5 report was used, is being used, or is likely to be used 

6 in violation of this subtitle or the requirements of a 

7 certification or permit or regulation issued there8 under; and 

9 ‘‘(5) make investigations and inquiries con10 cerning any matter relating to the enforcement of 

11 this subtitle. 

12 ‘‘(b) REVIEW OF AGENCY ACTION.—Any holder of, 

13 or applicant for, a certification or a permit who makes 

14 a timely request for review of an adverse action pursuant 

15 to paragraph (2) or (4) of subsection (a) shall be entitled 

16 to adjudication by the Secretary on the record after an 

17 opportunity for any agency hearing with respect to such 

18 adverse action. Any final action by the Secretary under 

19 this subsection shall be subject to judicial review under 

20 chapter 7 of title 5, as provided in section 80303 of this 

21 chapter. 

22 ‘‘(c) NO COST FOR CERTIFICATION OR PERMIT.— 

23 The Secretary may not impose a fee or other cost on a 

24 holder of, or applicant for— 

25 ‘‘(1) a certification under chapter 801; or 


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1 ‘‘(2) a permit under chapter 802. 

2 ‘‘(d) NO AUTHORITY TO SET CONDITIONS.—The 

3 Secretary may not impose a substantive condition on, or 

4 any other requirement for, the issuance of a certification 

5 or permit except as specifically provided in this subtitle. 

6 ‘‘(e) FOIA EXEMPTION.—Paragraph (3) of section 

7 552(b) of title 5 shall apply with respect to any filing re8 lating to a certification or a permit under this subtitle. 

9 ‘‘(f) LIMITATION ON EXCEPTIONS TO ADMINISTRA10 TIVE PROCEDURES.—The exceptions under section 

11 553(a)(1), section 553(b)(B), or section 554(a)(4) of title 

12 5 shall not apply with respect to a certification or permit 

13 under this subtitle. 

14 ‘‘§ 80302. Consultation 

15 ‘‘(a) SENSE OF CONGRESS.—It is the sense of the 

16 Congress that— 

17 ‘‘(1) the United States Government has assets 

18 in Earth orbit critical to national security, scientific 

19 research, economic growth, and exploration; 

20 ‘‘(2) such assets represent a considerable in21 vestment of United States taxpayers; and 

22 ‘‘(3) it is in the national interest of the United 

23 States to facilitate opportunities to provide for the 

24 protection of such assets. 


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1 ‘‘(b) REVIEW.—Not later than 30 days after the Sec2 retary issues a certification under chapter 801, the Sec3 retary shall review the operations of any space objects cov4 ered by the certification to determine whether the inter5 action between such operations and the operations of a 

6 Federal Government space object present a substantial 

7 risk to the physical safety of a space object operated by 

8 either party. 

9 ‘‘(c) REQUIREMENT TO PARTICIPATE IN CONSULTA10 TION.—If the Secretary makes a determination that a sub11 stantial risk identified under subsection (b) exists, the 

12 Secretary may require that the certification holder partici13 pate in a consultation under this section. 

14 ‘‘(d) PARTIES TO A CONSULTATION.— 

15 ‘‘(1) IN GENERAL.—A consultation under this 

16 section may be held, with respect to a substantial 

17 safety risk identified under subsection (b), be18 tween— 

19 ‘‘(A) a certification holder responsible for 

20 the certified space object operations; and 

21 ‘‘(B) any entity of the Federal Government 

22 operating a potentially affected space object. 

23 ‘‘(2) PARTICIPATION.—The Secretary may not 

24 impose any requirement on a party pursuant to par25 ticipation in the consultation. 


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1 ‘‘(e) MITIGATION OF SAFETY RISK.—In carrying out 

2 a consultation, the Secretary shall— 

3 ‘‘(1) facilitate a discussion among the parties to 

4 the consultation; 

5 ‘‘(2) encourage a mutual understanding of the 

6 safety risk; and 

7 ‘‘(3) encourage, to the maximum extent prac8 ticable, voluntary agreements between the parties to 

9 the consultation to improve the physical safety of af10 fected space object operations or mitigate the phys11 ical safety risk. 

12 ‘‘(f) DURATION OF CONSULTATION; NOTICE.—Not 

13 later than 90 days after the Secretary requires a consulta14 tion under this section, the Secretary shall— 

15 ‘‘(1) complete all activities related to the con16 sultation; and 

17 ‘‘(2) submit to Congress a written notification 

18 with respect to such consultation, that includes— 

19 ‘‘(A) the names of each party to the con20 sultation; 

21 ‘‘(B) a description of the physical safety 

22 risk at issue; 

23 ‘‘(C) whether any voluntary agreement was 

24 made by the parties; and 

25 ‘‘(D) the content of any such agreement. 


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1 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to grant any additional authority 

3 to the Secretary to regulate, or place conditions on, any 

4 activity for which a certification or permit is required 

5 under this subtitle. 

6 ‘‘§ 80303. Appeal of denial or condition of certifi7 cation or permit 

8 ‘‘An applicant who is denied a certification under sec9 tion 80103(b)(2)(B), an applicant who is denied a permit 

10 under section 80202(b)(2)(B), or an applicant whose cer11 tification or permit is conditioned pursuant to section 

12 80103(c) or section 80202(c), respectively, may appeal the 

13 denial or placement of a condition to the Secretary. The 

14 Secretary shall affirm or reverse the denial or placement 

15 of a condition after providing the applicant notice and an 

16 opportunity to be heard. The Secretary shall dispose of 

17 the appeal not later than 60 days after the appeal is sub18 mitted. If the Secretary denies the appeal, the applicant 

19 may seek review in the United States Court of Appeals 

20 for the District of Columbia Circuit or in the court of ap21 peals of the United States for the circuit in which the per22 son resides or has its principal place of business. 


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1 ‘‘§ 80304. Exclusive authority for determination of 

2 international obligations 

3 ‘‘Except for the Secretary as authorized by this sub4 title, no agency may impose a requirement or make a find5 ing with regard to an international obligation of the 

6 United States pertaining to a nongovernmental entity of 

7 the United States under the Outer Space Treaty relating 

8 to— 

9 ‘‘(1) the operation of a space object certified 

10 under chapter 801; and 

11 ‘‘(2) the carrying out of a space debris mitiga12 tion plan of a space object for which a certification 

13 was issued under chapter 801. 

14 ‘‘§ 80305. Limitation on certain agency supervision 

15 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of the American Space Commerce Free 

17 Enterprise Act of 2019, no other agency shall have the 

18 authority to authorize, place conditions on, or supervise 

19 the operation of space objects required to be certified 

20 under chapter 801 or space-based remote sensing systems 

21 required to be permitted under chapter 802 except— 

22 ‘‘(1) the Department of Transportation with re23 spect to launch or reentry vehicle operations licensed 

24 under chapter 509; and 

25 ‘‘(2) the Federal Communications Commission 

26 with respect to space stations licensed under the 


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1 Communications Act of 1934 (47 U.S.C. 151 et 

2 seq.). 

3 ‘‘(b) AGREEMENT LIMITATIONS.—Nothing in this 

4 section shall be construed to prevent an agency from in5 cluding additional terms, conditions, limitations, or re6 quirements, consistent with applicable provisions of law, 

7 beyond those required in this subtitle in a contract or 

8 other agreement with— 

9 ‘‘(1) the holder of a certification under chapter 

10 801 for the operation of the applicable space object; 

11 or 

12 ‘‘(2) the holder of a permit under chapter 802 

13 for the operation of the applicable space-based re14 mote sensing system. 

15 ‘‘§ 80306. Commercial exploration and use of outer 

16 space 

17 ‘‘To the maximum extent practicable, the President, 

18 acting through appropriate Federal agencies, shall inter19 pret and fulfill international obligations, including under 

20 the covered treaties on outer space, to minimize regula21 tions and limitations on the freedom of United States non22 governmental entities to explore and use space. 


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1 ‘‘§ 80307. Rule of construction on concurrent applica2 tion submission 

3 ‘‘Nothing in this subtitle shall be construed to pre4 vent an applicant from submitting to the Secretary con5 current applications for a certification under chapter 801 

6 and a permit under chapter 802. The Secretary shall pro7 vide for applications under chapter 801 and chapter 802 

8 to be filed concurrently or at different times, at the discre9 tion of the applicant. To the maximum extent practicable, 

10 the Secretary shall avoid duplication of information re11 quired in concurrently filed applications. 

12 ‘‘§ 80308. Federal jurisdiction 

13 ‘‘The district courts shall have original jurisdiction, 

14 exclusive of the courts of the States, of any civil action 

15 resulting from the operation of a space object for which 

16 a certification or permit is required under this subtitle. 

17 ‘‘§ 80309. Global commons 

18 ‘‘Notwithstanding any other provision of law, outer 

19 space shall not be considered a global commons. 

20 ‘‘§ 80310. Regulatory authority 

21 ‘‘(a) IN GENERAL.—The Secretary shall issue such 

22 regulations as are necessary to carry out this subtitle. 

23 ‘‘(b) REDUCING REGULATORY BURDEN.—In issuing 

24 regulations to carry out this subtitle, the Secretary shall 

25 avoid, to the maximum extent practicable, the placement 

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1 quirements on the operations of United States nongovern2 mental entities in outer space. 

3 ‘‘§ 80311. Consultation with relevant agencies 

4 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

5 Secretary shall, as the Secretary considers necessary, con6 sult with the heads of other relevant agencies in carrying 

7 out this subtitle. 

8 ‘‘(b) EXCLUSIVE AUTHORITY OF THE SECRETARY.— 

9 The consultation authority provided by subsection (a) 

10 shall not be interpreted to alter the exclusive authority of 

11 the Secretary to authorize, place conditions on, and super12 vise the operation of space objects under chapter 801 and 

13 space-based remote sensing systems under chapter 802, 

14 as provided in and subject to the limitations of section 

15 80305. 

16 ‘‘§ 80312. Authorization of appropriations 

17 ‘‘There are authorized to be appropriated $5,000,000 

18 to the Office of Space Commerce for fiscal year 2020 to 

19 carry out this subtitle.’’. 

20 SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. 

21 (a) TABLE OF CHAPTERS.—The table of chapters of 

22 title 51, United States Code, is amended by adding at the 

23 end the following: 

‘‘Subtitle VIII—Authorization and Supervision of 

Nongovernmental Space Activities 

‘‘801. Certification to Operate Space Objects ........................80101


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‘‘802. Permitting of Space-Based Remote Sensing 

Systems ......................................................................80201

‘‘803. Administrative Provisions Related to Certification 

and Permitting .......................................................80301’’. 

1 (b) REPEALS.— 

2 (1) IN GENERAL.—Title 51, United States 

3 Code, is amended as follows: 

4 (A) Subchapter III of chapter 601 is re5 pealed. 

6 (B) Section 60147 is repealed. 

7 (C) The table of sections for chapter 601 

8 is amended by striking the item relating to sec9 tion 60147. 

10 (D) The table of sections for chapter 601 

11 is amended by striking the items relating to 

12 subchapter III. 

13 (2) EFFECTIVE DATE.—The amendments made 

14 by paragraph (1) shall take effect on the date that 

15 is 1 year after the date of enactment of this Act. 

16 (c) TECHNICAL CORRECTIONS.— 

17 (1) IN GENERAL.—Title 51, United States 

18 Code, is amended— 

19 (A) in section 20302(c)(2), by striking 

20 ‘‘means has the meaning’’ and inserting ‘‘has 

21 the meaning’’; 


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1 (B) in section 50702(c)(5), by striking 

2 ‘‘Space-Based Position’’ and inserting ‘‘Space3 Based Positioning’’; and 

4 (C) in section 71102(1), by striking 

5 ‘‘tracking device’’ and inserting ‘‘tracking de6 vice to’’. 

7 (2) CHAPTER 513.—The table of chapters of 

8 title 51, United States Code, is amended by striking 

9 the item related to chapter 513 and inserting the 

10 following: 

‘‘513. Space Resource Commercial Exploration and Utilization ..........................................................................51301’’. 

11 (3) CHAPTER 701.—The table of chapters of 

12 title 51, United States Code, is amended by striking 

13 the item related to chapter 701 and inserting the 

14 following: 

‘‘701. Use of Space Launch System or Alternatives .............70101’’. 

15 SEC. 7. OFFICE OF SPACE COMMERCE. 

16 Section 50702 of title 51, United States Code, is 

17 amended— 

18 (1) in subsection (a), by adding at the end be19 fore the period ‘‘, which shall be located in the prin20 cipal physical location of the Office of the Secretary 

21 of Commerce’’; 

22 (2) in subsection (b), by striking ‘‘a senior exec23 utive and shall be compensated at a level in the SenVerDate Sep 11 2014 03:00 Jul 12, 2019 Jkt 034408 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H3610.IH H3610

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1 ior Executive Service under section 5382 of title 5 

2 as determined by the Secretary of Commerce’’ and 

3 inserting ‘‘appointed by the President and confirmed 

4 by the Senate. The Director shall be the Assistant 

5 Secretary of Commerce for Space Commerce and 

6 shall report directly to the Secretary of Commerce’’; 

7 and 

8 (3) in subsection (c)— 

9 (A) in paragraph (4), by striking ‘‘and’’ at 

10 the end; 

11 (B) in paragraph (5), by striking the pe12 riod at the end and inserting a semicolon; and 

13 (C) by adding at the end the following: 

14 ‘‘(6) to authorize and supervise the operations 

15 of United States nongovernmental entities in outer 

16 space, pursuant to chapter 801 of this title; 

17 ‘‘(7) to authorize and supervise the operations 

18 of space-based remote sensing systems pursuant to 

19 chapter 802 of this title; and 

20 ‘‘(8) to facilitate and promote the development 

21 of best practices among operators of space objects 

22 and space-based remote sensing systems under this 

23 subtitle to address substantial risks to the physical 

24 safety of Federal Government space objects, includ25 ing the risk of on-orbit collisions.’’. 


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1 SEC. 8. RESTRICTION ON PREVENTING LAUNCHES AND RE2 ENTRIES OF CERTIFIED SPACE OBJECTS. 

3 Section 50904(c) of title 51, United States Code, is 

4 amended by adding at the end the following: ‘‘No launch 

5 or reentry may be prevented under this authority on the 

6 basis of national security, foreign policy, or international 

7 obligations of the United States, including under the cov8 ered treaties on outer space (as defined in section 80101) 

9 if the payload has received a certification to operate as 

10 a space object under chapter 801.’’. 

11 SEC. 9. REPORT ON REGISTRATION OF SPACE OBJECTS. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary of Commerce, 

14 acting through the Office of Space Commerce and in con15 sultation with the Private Space Activity Advisory Com16 mittee established under section 80109 of title 51, United 

17 States Code, shall submit to the Committee on Science, 

18 Space, and Technology of the House of Representatives 

19 and the Committee on Commerce, Science, and Transpor20 tation of the Senate a report on the implementation of 

21 the space object registration obligations of the United 

22 States and other countries under Article VIII of the Outer 

23 Space Treaty and the Convention on Registration of Space 

24 Objects. 

25 (b) CONTENTS OF REPORT.—The report required 

26 under subsection (a) shall include— 


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1 (1) an identification of the practices and proce2 dures among countries that are members of the 

3 Outer Space Treaty and the Convention on Registra4 tion of Space Objects in implementing and com5 plying with the registration obligations contained in 

6 the treaties; 

7 (2) a description of any existing practices and 

8 procedures of the Federal Government for the reg9 istration of nongovernmental space objects; and 

10 (3) recommendations on how the registration of 

11 space objects in the United States could be improved 

12 to benefit the United States, including enabling 

13 United States leadership in commercial space activi14 ties. 

15 SEC. 10. COMPTROLLER GENERAL REPORT. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Comptroller General of the United States 

18 shall submit to Congress a report on removing the Office 

19 of Commercial Space Transportation from under the juris20 diction of the Federal Aviation Administration and rees21 tablishing the Office under the jurisdiction of the Sec22 retary of Transportation. Such report shall include— 

23 (1) the identification of key practices for suc24 cessful organizational transitions; 


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1 (2) the advantages and disadvantages of the re2 moval and reestablishment with respect to the ability 

3 of the Office to continue to coordinate and commu4 nicate with Federal Aviation Administration on air5 space issues; and 

6 (3) the identification of any issues that are pre7 venting the Office from fully carrying out its statu8 tory mandate, and if such issues would persist re9 gardless of organizational location of the Office with10 in the Department of Transportation. 

Æ 


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