‘‘(8) provide information, advice, and rec-
ommendations on matters related to the authority of 
the Secretary under this chapter or to private sector 
space activities authorized pursuant to this chapter 
that the Committee determines necessary. 
‘‘(f) ANNUAL REPORT.—The Committee shall submit 
to Congress, the President, and the Secretary an annual 
report that includes the information, analysis, findings, 
and recommendations described in subsection (e). 
‘‘(g) SUNSET.—The Committee shall terminate on the 
date that is 10 years after the date on which the Committee 
is established. 
‘‘§ 80110. Exemptions 
‘‘(a) IN GENERAL.—A certification is not required 
under this chapter for any of the following operations: 
‘‘(1) Space object activities authorized by an-
other country that is a party to the Outer Space 
Treaty. 
‘‘(2) Launch or reentry vehicle operations li-
censed by the Department of Transportation under 
chapter 509. 
‘‘(3) Space stations licensed by the Federal Com-
munications Commission under the Communications 
Act of 1934 (47 U.S.C. 151 et seq.). 
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‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to exempt any entity from the re-
quirement to obtain a permit to operate a space-based re-
mote sensing system under chapter 802. 
‘‘§ 80111. Protecting the interests of United States en-
tity space objects 
‘‘The President shall— 
‘‘(1) protect the interests of United States entity 
exploration and use of outer space, including commer-
cial activity and the exploitation of space resources, 
from acts of foreign aggression and foreign harmful 
interference; 
‘‘(2) protect ownership rights of United States 
entity space objects and obtained space resources; and 
‘‘(3) ensure that United States entities operating 
in outer space are given due regard.’’. 
SEC. 4. PERMITTING OF SPACE-BASED REMOTE SENSING 
SYSTEMS. 
(a) FINDINGS.—Congress finds the following: 
(1) The commercial market for space-based re-
mote sensing technologies and information has experi-
enced significant growth since the passage of the Land 
Remote Sensing Policy Act of 1992. 
(2) It is in the interest of the United States to 
foster new and novel space-based remote sensing ap-
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plications and services and to help facilitate their 
continued domestic growth. 
(3) Since the passage of the Land Remote Sens-
ing Policy Act of 1992, the National Oceanic and At-
mospheric Administration’s Office of Commercial Re-
mote Sensing has experienced a significant increase 
in applications for private remote sensing space sys-
tem licenses as authorized under section 60121 of title 
51, United States Code. 
(4) Many of the applicants for commercial 
space-based remote sensing licenses have encountered 
significant delays and unnecessary obstacles in the 
application process. 
(5) The current licensing paradigm must be up-
dated as to not discourage the continued growth of the 
United States space-based remote sensing industry. It 
must be updated in a way that satisfies the needs of 
commercial remote sensing market as well as the na-
tional security of the United States. 
(6) In order to protect United States leadership 
and commercial viability in remote sensing tech-
nologies, the Federal Government should not limit 
commercial entities from providing remote sensing ca-
pabilities or data products that are available or rea-
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sonably expected to be made available in the next 3 
years in the international or domestic marketplace. 
(b) POLICY.—It is the policy of the United States that, 
to the maximum extent practicable, the Federal Government 
shall take steps to protect the national security interests of 
the United States that do not involve regulating or limiting 
the freedoms of United States nongovernmental entities to 
explore and use space. Federal Government agencies shall 
mitigate any threat to national security posed by the explo-
ration and use of outer space by United States citizens and 
entities, to the maximum extent practicable, changing Fed-
eral Government activities and operations. 
(c) AMENDMENT.—Title 51, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘CHAPTER 802—PERMITTING OF SPACE- 
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. 
‘‘§ 80201. Permitting authority 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the American Space Commerce Free 
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Enterprise Act of 2017, the Secretary is authorized to per-
mit persons to operate space-based remote sensing systems. 
‘‘(b) CONSULTATION.—The Secretary shall, as the Sec-
retary considers necessary, consult with the heads of other 
relevant agencies in carrying out the requirements of this 
chapter, pursuant to section 80311. 
‘‘(c) LIMITATION WITH RESPECT TO SYSTEM USED 
FOR OTHER PURPOSES.—In the case of a space object that 
is used for remote sensing and other purposes, the authority 
of the Secretary under this chapter shall be limited to the 
remote sensing operations of such space object. 
‘‘(d) DE MINIMIS EXCEPTION.— 
‘‘(1) WAIVER.—The Secretary may waive the re-
quirement for a permit for a space-based remote sens-
ing system that the Secretary determines is— 
‘‘(A) ancillary to the primary design pur-
pose of the space object; or 
‘‘(B) too trivial to require a determination 
under section 80202(c) relating to national secu-
rity. 
‘‘(2) GUIDANCE.—Not later than 1 year after the 
date of enactment of this subsection, the Secretary 
shall issue guidance providing a clear explanation of 
the criteria used by the Secretary to grant a de mini-
mis waiver under paragraph (1)(B) for a space-based 
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remote sensing system that is too trivial to require a 
determination under section 80202(c). 
‘‘(e) COVERAGE OF PERMIT.—The Secretary shall, to 
the maximum extent practicable, ensure that only one per-
mit is required under this chapter to— 
‘‘(1) conduct multiple operations carried out 
using a space-based remote sensing system; 
‘‘(2) operate multiple space-based remote sensing 
systems that carry out substantially similar oper-
ations; or 
‘‘(3) use multiple space-based remote sensing sys-
tems to carry out a single remote sensing operation. 
‘‘(f) PROHIBITION ON OPERATION.—Not later than 1 
year after the date of enactment of the American Space 
Commerce Free Enterprise Act of 2017, no person may, di-
rectly or through any subsidiary or affiliate, operate any 
space-based remote sensing system without a permit issued 
under this chapter. 
‘‘(g) RESPONSIBLE PARTY.—In any case in which the 
applicant for a permit under this chapter is not a United 
States entity, the applicant shall identify a United States 
entity that consents to be responsible for the permitted oper-
ation of the space-based remote sensing system. 
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‘‘(h) OPERATION OF SPACE-BASED REMOTE SENSING 
SYSTEM.—For purposes of this chapter, the operation of a 
space-based remote sensing system— 
‘‘(1) begins when the system— 
‘‘(A) is located in outer space; and 
‘‘(B) can meet the minimum threshold and 
objective capabilities for the system’s stated need; 
and 
‘‘(2) shall not cover the acts of distribution, sale, 
or transfer of data, information, or services to per-
sons, foreign or domestic, including any such acts 
taken pursuant to an agreement with such persons. 
‘‘§ 80202. Application for permit 
‘‘(a) APPLICATION PROCESS.— 
‘‘(1) IN GENERAL.—To receive a permit to oper-
ate a space-based remote sensing system under this 
chapter, a person shall submit an application to the 
Secretary as provided in paragraph (2). Such appli-
cation shall include, for each required item, sufficient 
evidence to demonstrate each fact or assertion. 
‘‘(2) CONTENTS.—An application described in 
paragraph (1) shall include only the following infor-
mation, with respect to each space-based remote sens-
ing system and the operations proposed to be per-
mitted: 
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‘‘(A) The name, address, and contact infor-
mation of one or more United States entity iden-
tified by the applicant, pursuant to section 
80201(g), as responsible for the operation of the 
space-based remote sensing system. 
‘‘(B) If available at the time of submission 
of the application, the planned date and location 
of the launch of the applicable space object, in-
cluding the identity of the launch provider. 
‘‘(C) The general physical form and com-
position of the space-based remote sensing sys-
tem. 
‘‘(D) A description of the proposed oper-
ations of the space-based remote sensing system 
that includes— 
‘‘(i) when and where the space-based 
remote sensing system will operate; 
‘‘(ii) when and where the operation of 
the space-based remote sensing system will 
terminate; and 
‘‘(iii) any additional information nec-
essary to make a determination under sub-
section (c) regarding a significant threat to 
national security, as prescribed in advance 
in regulation by the Secretary. 
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‘‘(E) A description of how the space-based 
remote sensing system will be operated and dis-
posed of in a manner to mitigate the generation 
of space debris. 
‘‘(F) Information about third-party liabil-
ity insurance obtained, if any, by the applicant 
for operations of the space-based remote sensing 
system, including the amount and coverage of 
such liability insurance. 
‘‘(b) REVIEW OF APPLICATION.— 
‘‘(1) VERIFICATIONS.—Not later than 90 days 
after receipt of an application under this section, the 
Secretary shall verify that— 
‘‘(A) the application is complete pursuant 
to subsection (a); and 
‘‘(B) the application does not contain any 
clear indication of fraud or falsification. 
‘‘(2) DETERMINATION.—Not later than 90 days 
after receipt of an application under this section— 
‘‘(A) if the Secretary verifies that the appli-
cant has met the application requirements de-
scribed in paragraph (1), the Secretary shall ap-
prove the application and issue a permit to the 
applicant with or without conditions on the pro-
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posed operation of the space-based remote sensing 
system pursuant to subsection (c)(1)(A); or 
‘‘(B) if the Secretary cannot verify that the 
applicant has met the application requirements 
described in paragraph (1) or if the Secretary 
makes a determination to deny the application 
under subsection (c)(1)(B), the Secretary— 
‘‘(i) shall issue a denial of the applica-
tion signed by the Secretary (a duty that 
may not be delegated, including to the Of-
fice of Space Commerce); and 
‘‘(ii) shall, not later than 10 days after 
the decision to deny the application— 
‘‘(I) provide the applicant with a 
written notification containing a clear-
ly articulated rationale for the denial 
that, to the maximum extent prac-
ticable— 
‘‘(aa) provides guidance to 
the applicant as to how the ar-
ticulated 
rationale 
for 
denial 
could be addressed in a subsequent 
application; and 
‘‘(bb) includes all classified 
information included in such ra-
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tionale for which the applicant 
has the required security clear-
ance; and 
‘‘(II) submit a notification of the 
denial to the Committee on Commerce, 
Science, and Transportation of the 
Senate and the Committee on Science, 
Space, and Technology of the House of 
Representatives that— 
‘‘(aa) contains the clearly ar-
ticulated rationale for the denial; 
and 
‘‘(bb) in the case of a denial 
pursuant to a national security 
determination under subsection 
(c)— 
‘‘(AA) includes an ex-
planation of how, and clear 
and convincing evidence that, 
to the maximum extent prac-
ticable, the Federal Govern-
ment took steps to mitigate a 
significant threat to the na-
tional security of the United 
States posed by the operation 
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of the applicant’s space-based 
remote sensing system by 
changing 
Federal 
Govern-
ment activities and oper-
ations; and 
‘‘(BB) 
may 
contain 
classified information. 
‘‘(3) AUTOMATIC
APPROVAL.—If the Secretary 
has not approved or denied the application before the 
deadline under paragraph (2), the application shall 
be approved without condition. The Secretary may 
not allow tolling of the 90-day period under such 
paragraph. 
‘‘(4) IMPROPER BASIS FOR DENIAL.—The Sec-
retary may not deny an application for a permit 
under this section in order to protect an existing per-
mit holder from competition. 
‘‘(5) SUBSEQUENT REVIEW.—The Secretary may 
not prejudice a new application for the proposed op-
erations denied pursuant to paragraph (2)(B) if such 
new application contains remedies addressing the ra-
tionale for such denial. 
‘‘(c) ADDRESSING NATIONAL SECURITY THREAT.— 
‘‘(1) IN GENERAL.—If the Secretary determines, 
with clear and convincing evidence, that the proposed 
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operation of a space-based remote sensing system 
under an application for a permit under this chapter 
poses a significant threat to the national security of 
the United States as provided in paragraph (2)— 
‘‘(A) the Secretary may condition the pro-
posed operation covered by the permit only to the 
extent necessary to address such threat; or 
‘‘(B) if the Secretary determines that there 
is no practicable way to condition such permit 
to address such threat, the Secretary may deny 
the application. 
‘‘(2) SIGNIFICANT THREAT TO NATIONAL SECU-
RITY.—For purposes of a determination under para-
graph (1), a significant threat to the national secu-
rity of the United States is a threat— 
‘‘(A) that is imminent; and 
‘‘(B) that cannot practicably be mitigated 
through changes to Federal Government activi-
ties or operations. 
‘‘(3) REASONABLY
COMMERCIALLY
AVAILABLE 
EFFORTS.—To the maximum extent practicable, the 
Secretary shall only place a condition on a permit 
that is achievable using reasonably commercially 
available efforts. 
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‘‘(4) NOTIFICATION.—Not later than 10 days 
after the decision to condition the proposed operation 
covered by a permit pursuant to this subsection, the 
Secretary shall— 
‘‘(A) provide the applicant with a written 
notification containing a clearly articulated ra-
tionale for the condition that, to the maximum 
extent practicable— 
‘‘(i) provides guidance to the applicant 
as to how the articulated rationale for con-
dition could be addressed in a subsequent 
application; and 
‘‘(ii) includes all classified information 
included in such rationale for which the ap-
plicant has the required security clearance; 
and 
‘‘(B) submit a notification of the condition 
to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee 
on Science, Space, and Technology of the House 
of Representatives that— 
‘‘(i) contains the clearly articulated ra-
tionale for the condition; 
‘‘(ii) includes an explanation of how, 
and clear and convincing evidence that, to 
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the maximum extent practicable, the Fed-
eral Government took steps to mitigate a 
significant threat to the national security of 
the United States posed by the operation of 
the applicant’s space-based remote sensing 
system by changing Federal Government ac-
tivities and operations; and 
‘‘(iii) may contain classified informa-
tion. 
‘‘(5) PROHIBITION
ON
RETROACTIVE
CONDI-
TIONS.—No other modifications may be made, or ad-
ditional conditions placed, on a permit after the date 
on which the permit is issued except to account for 
a material change as provided in section 80203(c). 
‘‘(6) NONDELEGABLE.—The responsibilities of 
the Secretary under this subsection may not be dele-
gated, including to the Office of Space Commerce. 
‘‘(d) LIMITATIONS ON CONDITIONS.— 
‘‘(1) SAME OR SIMILAR CAPABILITY.—No oper-
ational condition under subsection (c) may be placed 
on a space-based remote sensing system that has the 
same or substantially similar space-based remote 
sensing capabilities as another system permitted 
under this chapter with no such condition. 
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‘‘(2) CONDITIONS
THAT
EXCEED
PERMITTED 
CONDITIONS.—The Secretary may not place a condi-
tion on a permit for a space-based remote sensing sys-
tem that exceeds a condition placed on an existing 
permitted system that has the same or substantially 
similar capabilities. 
‘‘(e) COMMERCIALLY AVAILABLE CAPABILITY.— 
‘‘(1) EXCEPTION.—The Secretary may not deny 
an application for, or place a condition on, a permit 
for the operation of a space-based remote sensing sys-
tem for which the same or substantially similar capa-
bilities, derived data, products, or services are already 
commercially available or reasonably expected to be 
made available in the next 3 years in the inter-
national or domestic marketplace. The exception in 
the previous sentence applies regardless of whether the 
marketplace products and services originate from the 
operation of aircraft, unmanned aircraft, or other 
platforms or technical means or are assimilated from 
a variety of data sources. 
‘‘(2) CLEAR AND CONVINCING EVIDENCE.—Each 
denial of an application for, and each condition 
placed on, a permit for the operation of a space-based 
remote sensing system, shall include an explanation 
of, and clear and convincing evidence that, the excep-
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tion under paragraph (1) does not apply with respect 
to the proposed permitted operations of such system. 
‘‘(3) DATABASE.—The President shall— 
‘‘(A) maintain a database of commercially 
available capabilities described in paragraph 
(1); 
‘‘(B) update such database not less than 
once every 3 months; and 
‘‘(C) submit to the Committee on Commerce, 
Science, and Transportation of the Senate and 
the Committee on Science, Space, and Tech-
nology of the House of Representatives a report 
containing the contents of the database upon 
each update required under subparagraph (B). 
‘‘(4) APPLICANT
SUBMISSIONS.—An applicant 
for, or holder of, a permit for the operation of a 
space-based remote sensing system may submit to the 
Secretary evidence of, or information regarding, a 
commercially available capability described in para-
graph (1) for consideration for inclusion in the data-
base. 
‘‘(5) NONAPPLICATION OF CONDITION.—In any 
case in which the Secretary determines that the excep-
tion under paragraph (1) applies with respect to a 
permit for the operation of a space-based remote sens-
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ing system for which the Secretary has placed a con-
dition under subsection (c), such condition shall no 
longer apply with respect to such permitted oper-
ations. 
‘‘(f) AUTHORITY TO REMOVE CONDITIONS.—Nothing 
in this section shall be construed to prohibit the Secretary 
from removing a condition placed on a permit pursuant 
to subsection (c). 
‘‘§ 80203. Continuing permitting requirements 
‘‘(a) NOTIFICATION REQUIREMENT.—A permit holder 
shall, in a timely manner, notify the Secretary if— 
‘‘(1) a permitted space-based remote sensing sys-
tem has terminated operations; or 
‘‘(2) a catastrophic event has occurred to a 
space-based remote sensing system, such as the un-
planned destruction of such system. 
‘‘(b) MATERIAL CHANGE.—The Secretary shall require 
permit holders to inform the Secretary of— 
‘‘(1) any material changes to the space-based re-
mote sensing system or the planned operations of such 
system prior to launch; and 
‘‘(2) any material anomalies or departures from 
the planned operations during the course of oper-
ations. 
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‘‘(c) UPDATE TO PERMIT.—Not later than 14 days 
after the date of receipt of information regarding a material 
change pursuant to subsection (b), the Secretary shall make 
a determination of whether such material change is sub-
stantial enough to warrant additional review under section 
80202(b). Not later than 90 days after a determination that 
such review is warranted, the Secretary shall complete a 
similar such review process for such material change as is 
required for a permit applicant under such section. 
‘‘§ 80204. Permit transfer 
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary shall provide for the transfer of a permit 
under this chapter from the permit holder to another person 
to continue the operations allowed under such permit. 
‘‘(b) TRANSFER REQUEST REQUIREMENTS.—To be eli-
gible for a transfer under subsection (a), the permit holder 
shall submit to the Secretary a request that includes any 
identifying information regarding the transferee that would 
be required under an initial application under section 
80202. 
‘‘(c) DETERMINATION.—Not later than 14 days after 
the date on which the Secretary receives a transfer request 
pursuant to subsection (b), the Secretary shall make a deter-
mination of whether such material change is substantial 
enough to warrant additional review under section 
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80202(b). Not later than 90 days after a determination that 
such review is warranted, the Secretary shall complete a 
similar such review process for such transferee as is re-
quired for a permit applicant under such section. 
‘‘(d) MATERIAL CHANGE.—Any transfer of a permit 
under this chapter constitutes a material change under sec-
tion 80203(b). 
‘‘§ 80205. Agency activities 
‘‘(a) UTILIZATION OF FEDERAL GOVERNMENT VEHI-
CLE.—A person may apply for a permit to operate a space- 
based remote sensing system that utilizes, on a space-avail-
able basis, a civilian Federal Government satellite or vehicle 
as a platform for such system. The Secretary, pursuant to 
this chapter, may permit such system if it meets all condi-
tions of this chapter. 
‘‘(b) ASSISTANCE.—The Secretary may offer assistance 
to persons in finding appropriate opportunities for the uti-
lization described in subsection (a). 
‘‘(c) AGREEMENTS.—To the extent provided in ad-
vance by appropriation Acts, an agency may enter into an 
agreement for the utilization described in subsection (a) if 
such agreement is consistent with the agency’s mission and 
statutory authority, and if the space-based remote sensing 
system is issued a permit by the Secretary under this chap-
ter before commencing operation. 
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‘‘§ 80206. Annual reports 
‘‘(a) IN GENERAL.—The Secretary shall submit a re-
port to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives not 
later than 180 days after the date of enactment of the Amer-
ican Space Commerce Free Enterprise Act of 2017, and an-
nually thereafter, on— 
‘‘(1) the Secretary’s implementation of this chap-
ter, including— 
‘‘(A) a list of all applications received in 
the previous calendar year; 
‘‘(B) a list of all applications that resulted 
in a permit; 
‘‘(C) a list of all applications denied and 
an explanation of why each application was de-
nied, including any information relevant to the 
adjudication process of a request for a permit; 
‘‘(D) a list of all applications that required 
additional information; and 
‘‘(E) a list of all applications whose dis-
position exceeded the 90-day deadline, the total 
days overdue for each application that exceeded 
such deadline, and an explanation for the delay; 
and 
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‘‘(2) a description of all actions taken by the 
Secretary under the administrative authority granted 
by section 80301. 
‘‘(b) CLASSIFIED ANNEXES.—Each report under sub-
section (a) may include classified annexes as necessary to 
protect the disclosure of sensitive or classified information. 
‘‘§ 80207. Advisory Committee on Commercial Remote 
Sensing 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
an Advisory Committee on Commercial Remote Sensing (in 
this section referred to as the ‘Committee’) consisting of 15 
members who shall be appointed by the Secretary. 
‘‘(b) CHAIR.—The Committee shall designate one mem-
ber as the chair of the Committee. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) LIMITATION.—Members of the Committee 
may not be Federal Government employees or offi-
cials. 
‘‘(2) TRAVEL EXPENSES.—Members of the Com-
mittee shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with the 
applicable provisions under subchapter I of chapter 
57 of title 5. 
‘‘(d) TERMS.—Each member of the Committee shall 
serve for a term of 4 years and may not serve as a member 
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for the 2-year period following the date of completion of 
each such term. 
‘‘(e) DUTIES.—The duties of the Committee shall be 
to— 
‘‘(1) provide information, advice, and rec-
ommendations on matters relating to the United 
States commercial space-based remote sensing indus-
try; 
‘‘(2) analyze the effectiveness and efficiency of 
the implementation of the space-based remote sensing 
system permitting process under this chapter; 
‘‘(3) provide recommendations to the Secretary 
and Congress on how the United States can facilitate 
and promote a robust and innovate private sector 
that is investing in, developing, and operating space- 
based remote sensing systems; 
‘‘(4) identify any challenges the United States 
private sector is experiencing with the authorization 
and supervision of the operation of space-based re-
mote sensing systems under this chapter; and 
‘‘(5) provide information, advice, and rec-
ommendations on matters related to the authority of 
the Secretary under this chapter or to private sector 
space activities authorized pursuant to this chapter 
that the Committee determines necessary. 
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‘‘(f) ANNUAL REPORT.—The Committee shall submit 
to Congress, the President, the Secretary, and the Director 
of the Office of Space Commerce, an annual report that in-
cludes the information, analysis, findings, and rec-
ommendations described in subsection (e). 
‘‘(g) SUNSET.—The Committee shall terminate on the 
date that is 10 years after the date on which the Committee 
is established. 
‘‘§ 80208. Continuation of existing license or pending 
application 
‘‘(a) CONTINUATION
OF EXISTING LICENSE.—Any 
United States entity for whom a license for the operation 
of a space-based remote sensing system issued under sub-
chapter III of chapter 601 that is valid on the effective date 
of this section may— 
‘‘(1) elect to be immediately considered permitted 
for operation under this chapter, in which case all 
terms and conditions of a license issued under such 
subchapter with respect to the operation of such sys-
tem shall apply for the duration of the license; or 
‘‘(2) apply for a permit for operation under this 
chapter and may continue to operate pursuant to 
such license until such time as such permit is issued. 
‘‘(b) RESCIND OR TRANSFER OF PENDING LICENSE.— 
An applicant with an application for a remote sensing li-
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cense under subchapter III of chapter 601 that is pending 
on the effective date of this section may be, at the election 
of the applicant— 
‘‘(1) rescinded without prejudice; or 
‘‘(2) transferred to the Office of Space Commerce 
and deemed to be a pending application for a permit 
under this chapter. 
‘‘(c) EFFECTIVE DATE.—This section shall take effect 
on the date that is 1 year after the date of enactment of 
the American Space Commerce Free Enterprise Act of 2017. 
‘‘§ 80209. Commercial Remote Sensing Regulatory Af-
fairs Office 
‘‘On the date that is 1 year after the date of enactment 
of the American Space Commerce Free Enterprise Act of 
2017, the Commercial Remote Sensing Regulatory Affairs 
Office of the National Oceanic and Atmospheric Adminis-
tration is abolished.’’. 
SEC. 5. ADMINISTRATIVE PROVISIONS RELATED TO CER-
TIFICATION AND PERMITTING. 
Title 51, United States Code, is further amended by 
adding at the end the following: 
‘‘CHAPTER 803—ADMINISTRATIVE PROVI-
SIONS RELATED TO CERTIFICATION 
AND PERMITTING 
‘‘Sec. 
‘‘80301. Administrative authority. 
‘‘80302. Consultation. 
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‘‘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. 
‘‘§ 80301. Administrative authority 
‘‘(a) FUNCTIONS.—In order to carry out the respon-
sibilities specified in this subtitle, the Secretary may— 
‘‘(1) seek an order of injunction or similar judi-
cial determination from a district court of the United 
States with personal jurisdiction over the certification 
or permit holder to terminate certifications or permits 
under this subtitle and to terminate certified or per-
mitted operations on an immediate basis, if the Sec-
retary determines that the certification or permit 
holder has substantially failed to comply with any 
provisions of this subtitle, or with any terms of a cer-
tification or permit; 
‘‘(2) provide for civil penalties not to exceed 
$10,000 (each day of operation constituting a sepa-
rate violation) and not to exceed $500,000 in total, 
for— 
‘‘(A) noncompliance with the certification 
or permitting requirements or regulations issued 
under this subtitle; or 
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‘‘(B) the operation of a space object or 
space-based remote sensing system without the 
applicable certification or permit issued under 
this subtitle; 
‘‘(3) compromise, modify, or remit any such civil 
penalty; 
‘‘(4) seize any object, record, or report, or copies 
of materials, documents, or records, pursuant to a 
warrant from a magistrate based on a showing of 
probable cause to believe that such object, record, or 
report was used, is being used, or is likely to be used 
in violation of this subtitle or the requirements of a 
certification or permit or regulation issued there-
under; and 
‘‘(5) make investigations and inquiries con-
cerning any matter relating to the enforcement of this 
subtitle. 
‘‘(b) REVIEW OF AGENCY ACTION.—Any holder of, or 
applicant for, a certification or a permit who makes a time-
ly request for review of an adverse action pursuant to para-
graph (2) or (4) of subsection (a) shall be entitled to adju-
dication by the Secretary on the record after an opportunity 
for any agency hearing with respect to such adverse action. 
Any final action by the Secretary under this subsection 
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shall be subject to judicial review under chapter 7 of title 
5, as provided in section 80303 of this chapter. 
‘‘(c) NO COST FOR CERTIFICATION OR PERMIT.—The 
Secretary may not impose a fee or other cost on a holder 
of, or applicant for— 
‘‘(1) a certification under chapter 801; or 
‘‘(2) a permit under chapter 802. 
‘‘(d) NO AUTHORITY TO SET CONDITIONS.—The Sec-
retary may not impose a substantive condition on, or any 
other requirement for, the issuance of a certification or per-
mit except as specifically provided in this subtitle. 
‘‘(e) FOIA EXEMPTION.—Paragraph (3) of section 
552(b) of title 5 shall apply with respect to any filing relat-
ing to a certification or a permit under this subtitle. 
‘‘(f) LIMITATION ON EXCEPTIONS TO ADMINISTRATIVE 
PROCEDURES.—The exceptions under section 553(a)(1), 
section 553(b)(B), or section 554(a)(4) of title 5 shall not 
apply with respect to a certification or permit under this 
subtitle. 
‘‘§ 80302. Consultation 
‘‘(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that— 
‘‘(1) the United States Government has assets in 
Earth orbit critical to national security, scientific re-
search, economic growth, and exploration; 
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‘‘(2) such assets represent a considerable invest-
ment of United States taxpayers; and 
‘‘(3) it is in the national interest of the United 
States to facilitate opportunities to provide for the 
protection of such assets. 
‘‘(b) REVIEW.—Not later than 30 days after the Sec-
retary issues a certification under chapter 801, the Sec-
retary shall review the operations of any space objects cov-
ered by the certification to determine whether the inter-
action between such operations and the operations of a Fed-
eral Government space object present a substantial risk to 
the physical safety of a space object operated by either 
party. 
‘‘(c) REQUIREMENT TO PARTICIPATE IN CONSULTA-
TION.—If the Secretary makes a determination that a sub-
stantial risk identified under subsection (b) exists, the Sec-
retary may require that the certification holder participate 
in a consultation under this section. 
‘‘(d) PARTIES TO A CONSULTATION.— 
‘‘(1) IN GENERAL.—A consultation under this 
section may be held, with respect to a substantial 
safety risk identified under subsection (b), between— 
‘‘(A) a certification holder responsible for 
the certified space object operations; and 
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‘‘(B) any entity of the Federal Government 
operating a potentially affected space object. 
‘‘(2) PARTICIPATION.—The Secretary may not 
impose any requirement on a party pursuant to par-
ticipation in the consultation. 
‘‘(e) MITIGATION OF SAFETY RISK.—In carrying out 
a consultation, the Secretary shall— 
‘‘(1) facilitate a discussion among the parties to 
the consultation; 
‘‘(2) encourage a mutual understanding of the 
safety risk; and 
‘‘(3) encourage, to the maximum extent prac-
ticable, voluntary agreements between the parties to 
the consultation to improve the physical safety of af-
fected space object operations or mitigate the physical 
safety risk. 
‘‘(f) DURATION OF CONSULTATION; NOTICE.—Not later 
than 90 days after the Secretary requires a consultation 
under this section, the Secretary shall— 
‘‘(1) complete all activities related to the con-
sultation; and 
‘‘(2) submit to Congress a written notification 
with respect to such consultation, that includes— 
‘‘(A) the names of each party to the con-
sultation; 
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‘‘(B) a description of the physical safety 
risk at issue; 
‘‘(C) whether any voluntary agreement was 
made by the parties; and 
‘‘(D) the content of any such agreement. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to grant any additional authority 
to the Secretary to regulate, or place conditions on, any 
activity for which a certification or permit is required 
under this subtitle. 
‘‘§ 80303. Appeal of denial or condition of certification 
or permit 
‘‘An applicant who is denied a certification under sec-
tion 80103(b)(2)(B), an applicant who is denied a permit 
under section 80202(b)(2)(B), or an applicant whose certifi-
cation or permit is conditioned pursuant to section 
80103(c) or section 80202(c), respectively, may appeal the 
denial or placement of a condition to the Secretary. The 
Secretary shall affirm or reverse the denial or placement 
of a condition after providing the applicant notice and an 
opportunity to be heard. The Secretary shall dispose of the 
appeal not later than 60 days after the appeal is submitted. 
If the Secretary denies the appeal, the applicant may seek 
review in the United States Court of Appeals for the Dis-
trict of Columbia Circuit or in the court of appeals of the 
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United States for the circuit in which the person resides 
or has its principal place of business. 
‘‘§ 80304. Exclusive authority for determination of 
international obligations 
‘‘Except for the Secretary as authorized by this sub-
title, no agency may impose a requirement or make a find-
ing with regard to an international obligation of the United 
States pertaining to a nongovernmental entity of the United 
States under the Outer Space Treaty relating to— 
‘‘(1) the operation of a space object certified 
under chapter 801; and 
‘‘(2) the carrying out of a space debris mitiga-
tion plan of a space object for which a certification 
was issued under chapter 801. 
‘‘§ 80305. Limitation on certain agency supervision 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the American Space Commerce Free 
Enterprise Act of 2017, no other agency shall have the au-
thority to authorize, place conditions on, or supervise the 
operation of space objects required to be certified under 
chapter 801 or space-based remote sensing systems required 
to be permitted under chapter 802 except— 
‘‘(1) the Department of Transportation with re-
spect to launch or reentry vehicle operations licensed 
under chapter 509; and 
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‘‘(2) the Federal Communications Commission 
with respect to space stations licensed under the Com-
munications Act of 1934 (47 U.S.C. 151 et seq.). 
‘‘(b) AGREEMENT LIMITATIONS.—Nothing in this sec-
tion shall be construed to prevent an agency from including 
additional terms, conditions, limitations, or requirements, 
consistent with applicable provisions of law, beyond those 
required in this subtitle in a contract or other agreement 
with— 
‘‘(1) the holder of a certification under chapter 
801 for the operation of the applicable space object; or 
‘‘(2) the holder of a permit under chapter 802 for 
the operation of the applicable space-based remote 
sensing system. 
‘‘§ 80306. Commercial exploration and use of outer 
space 
‘‘To the maximum extent practicable, the President, 
acting through appropriate Federal agencies, shall interpret 
and fulfill international obligations, including under the 
covered treaties on outer space, to minimize regulations and 
limitations on the freedom of United States nongovern-
mental entities to explore and use space. 
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‘‘§ 80307. Rule of construction on concurrent applica-
tion submission 
‘‘Nothing in this subtitle shall be construed to prevent 
an applicant from submitting to the Secretary concurrent 
applications for a certification under chapter 801 and a 
permit under chapter 802. The Secretary shall provide for 
applications under chapter 801 and chapter 802 to be filed 
concurrently or at different times, at the discretion of the 
applicant. To the maximum extent practicable, the Sec-
retary shall avoid duplication of information required in 
concurrently filed applications. 
‘‘§ 80308. Federal jurisdiction 
‘‘The district courts shall have original jurisdiction, 
exclusive of the courts of the States, of any civil action re-
sulting from the operation of a space object for which a cer-
tification or permit is required under this subtitle. 
‘‘§ 80309. Global commons 
‘‘Notwithstanding any other provision of law, outer 
space shall not be considered a global commons. 
‘‘§ 80310. Regulatory authority 
‘‘(a) IN GENERAL.—The Secretary shall issue such reg-
ulations as are necessary to carry out this subtitle. 
‘‘(b) REDUCING REGULATORY BURDEN.—In issuing 
regulations to carry out this subtitle, the Secretary shall 
avoid, to the maximum extent practicable, the placement 
of inconsistent, duplicative, or otherwise burdensome re-
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quirements on the operations of United States nongovern-
mental entities in outer space. 
‘‘§ 80311. Consultation with relevant agencies 
‘‘(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary shall, as the Secretary considers necessary, consult 
with the heads of other relevant agencies in carrying out 
this subtitle. 
‘‘(b) EXCLUSIVE AUTHORITY OF THE SECRETARY.— 
The consultation authority provided by subsection (a) shall 
not be interpreted to alter the exclusive authority of the Sec-
retary to authorize, place conditions on, and supervise the 
operation of space objects under chapter 801 and space- 
based remote sensing systems under chapter 802, as pro-
vided in and subject to the limitations of section 80305. 
‘‘§ 80312. Authorization of appropriations 
‘‘There are authorized to be appropriated $5,000,000 
to the Office of Space Commerce for fiscal year 2018 to 
carry out this subtitle.’’. 
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TABLE OF CHAPTERS.—The table of chapters of 
title 51, United States Code, is amended by adding at the 
end the following: 
‘‘Subtitle VIII—Authorization and Supervision of 
Nongovernmental Space Activities 
‘‘801. Certification to Operate Space Objects ...........................80101
‘‘802. Permitting 
of 
Space-Based 
Remote 
Sensing 
Systems ............................................................................80201
‘‘803. Administrative Provisions Related to Certification 
and Permitting ............................................................80301’’. 
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(b) REPEALS.— 
(1) IN GENERAL.—Title 51, United States Code, 
is amended as follows: 
(A) Subchapter III of chapter 601 is re-
pealed. 
(B) Section 60147 is repealed. 
(C) The table of sections for chapter 601 is 
amended by striking the item relating to section 
60147. 
(D) The table of sections for chapter 601 is 
amended by striking the items relating to sub-
chapter III. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date that is 
1 year after the date of enactment of this Act. 
(c) TECHNICAL CORRECTIONS.— 
(1) IN GENERAL.—Title 51, United States Code, 
is amended— 
(A) in section 20302(c)(2), by striking 
‘‘means has the meaning’’ and inserting ‘‘has the 
meaning’’; 
(B) in section 50702(c)(5), by striking 
‘‘Space-Based Position’’ and inserting ‘‘Space- 
Based Positioning’’; and 
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