IB 
Union Calendar No. 498 
115TH CONGRESS 
2D SESSION 
H. R. 2809 
[Report No. 115–649] 
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 
JUNE 7, 2017 
Mr. SMITH of Texas (for himself, Mr. BABIN, Mr. BRIDENSTINE, Mr. PERL-
MUTTER, Mr. ROHRABACHER, Mr. HULTGREN, Mr. WEBER of Texas, Mr. 
HIGGINS of Louisiana, and Mr. KILMER) introduced the following bill; 
which was referred to the Committee on Science, Space, and Technology 
APRIL 24, 2018 
Additional sponsors: Mr. LAMBORN, Mr. DUNN, Mr. CALVERT, Mr. COFFMAN, 
Mr. SOTO, Mr. MCCARTHY, and Mr. BERA 
APRIL 24, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 7, 2017] 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Space Commerce Free Enterprise Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents is as 
follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; policy; purposes. 
Sec. 3. Certification to operate space objects. 
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. 
SEC. 2. FINDINGS; POLICY; PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States, through existing author-
ization and supervision mechanisms, satisfies and is 
in conformity with its obligation under the Outer 
Space Treaty to authorize and supervise nongovern-
mental space activities to assure such activities are 
carried out in conformity with the international obli-
gations of the United States under the Outer Space 
Treaty. 
(2) The United States has a robust and innova-
tive private sector that is investing in, developing, 
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and placing into outer space, spacecraft and pay-
loads. 
(3) Authorization and supervision mechanisms 
as of the date of enactment of this Act could be im-
proved to relieve administrative burdens on new and 
innovative nongovernmental space actors. 
(4) It serves the national interest to address 
misperceptions of legal uncertainty through the estab-
lishment of a general authorization and supervision 
certification authority for nongovernmental outer 
space activities. 
(5) The private exploration and use of outer 
space by nongovernmental entities will further the na-
tional security, foreign policy, and economic interests 
of the United States. 
(b) POLICY.—It is the policy of the United States 
that— 
(1) United States citizens and entities are free to 
explore and use space, including the utilization of 
outer space and resources contained therein, without 
conditions or limitations; 
(2) this freedom is only to be limited when nec-
essary to assure United States national security in-
terests are met and to authorize and supervise non-
governmental space activities to assure such activities 
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are carried out in conformity with the international 
obligations of the United States under the Outer 
Space Treaty; 
(3) to the maximum extent practicable, the Fed-
eral Government shall interpret and fulfill its inter-
national obligations to minimize regulations and lim-
itations on the freedom of United States nongovern-
mental entities to explore and use space; 
(4) to the maximum extent practicable, the Fed-
eral Government shall take steps to protect the phys-
ical safety of space objects operated by the United 
States that do not involve limitations on the freedoms 
of nongovernmental entities of the United States; and 
(5) nongovernmental activities in outer space 
shall only be authorized and supervised in a trans-
parent, timely, and predictable manner, with mini-
mal costs and burdens placed on the entities author-
ized and supervised. 
(c) PURPOSES.—The purposes of this Act and the 
amendments made by this Act are— 
(1) to enhance the existing outer space authoriza-
tion and supervision framework to provide greater 
transparency, greater efficiency, and less administra-
tive burden for nongovernmental entities of the 
United States seeking to conduct space activities; and 
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(2) to ensure that the United States remains the 
world leader in commercial space activities. 
(d) DEFINITIONS.—In this Act— 
(1) the term ‘‘Agreement on the Rescue of Astro-
nauts and the Return of Space Objects’’ means the 
Agreement on the Rescue of Astronauts, the Return of 
Astronauts and the Return of Objects Launched into 
Outer Space (signed at Washington, Moscow, and 
London on April 22, 1968, ratified by the United 
States on December 3, 1968; 19 UST 7570); 
(2) the term ‘‘Convention on Registration of 
Space Objects’’ means the Convention on Registration 
of Objects Launched into Outer Space (signed at New 
York on January 14, 1975, ratified by the United 
States on September 15, 1976; 28 UST 695); 
(3) the term ‘‘covered treaties on outer space’’ 
means— 
(A) the Outer Space Treaty; 
(B) the Agreement on the Rescue of Astro-
nauts and the Return of Space Objects; 
(C) the Convention on Registration of Space 
Objects; and 
(D) the Liability Convention; 
(4) the term ‘‘Liability Convention’’ means the 
Convention on the International Liability for Dam-
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age Caused by Space Objects (signed at Washington, 
Moscow, and London on March 29, 1972, ratified by 
the United States on October 9, 1973; 24 UST 2389); 
and 
(5) the term ‘‘Outer Space Treaty’’ means the 
Treaty on Principles Governing the Activities of 
States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies 
(signed at Washington, Moscow, and London on Jan-
uary 27, 1967, ratified by the United States on Octo-
ber 10, 1967; 18 UST 2410). 
SEC. 3. CERTIFICATION TO OPERATE SPACE OBJECTS. 
Title 51, United States Code, is amended by adding 
at the end the following: 
‘‘Subtitle VIII—Authorization and 
Supervision of Nongovernmental 
Space Activities 
‘‘CHAPTER 801—CERTIFICATION TO 
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. 
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‘‘§ 80101. Definitions 
‘‘In this subtitle: 
‘‘(1) AGENCY.—The term ‘agency’ has the mean-
ing given the term Executive agency in section 105 of 
title 5. 
‘‘(2) AGREEMENT ON THE RESCUE OF ASTRO-
NAUTS AND THE RETURN OF SPACE OBJECTS.—The 
term ‘Agreement on the Rescue of Astronauts and the 
Return of Space Objects’ means the Agreement on the 
Rescue of Astronauts, the Return of Astronauts and 
the Return of Objects Launched into Outer Space 
(signed at Washington, Moscow, and London on April 
22, 1968, ratified by the United States on December 
3, 1968; 19 UST 7570). 
‘‘(3) CONVENTION ON REGISTRATION OF SPACE 
OBJECTS.—The term ‘Convention on Registration of 
Space Objects’ means the Convention on Registration 
of Objects Launched into Outer Space (signed at New 
York on January 14, 1975, ratified by the United 
States on September 15, 1976; 28 UST 695). 
‘‘(4) COVERED TREATIES ON OUTER SPACE.— 
The term ‘covered treaties on outer space’ means— 
‘‘(A) the Outer Space Treaty; 
‘‘(B) the Agreement on the Rescue of Astro-
nauts and the Return of Space Objects; 
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‘‘(C) the Convention on Registration of 
Space Objects; and 
‘‘(D) the Liability Convention. 
‘‘(5) LIABILITY CONVENTION.—The term ‘Liabil-
ity Convention’ means the Convention on the Inter-
national Liability for Damage Caused by Space Ob-
jects (signed at Washington, Moscow, and London on 
March 29, 1972, ratified by the United States on Oc-
tober 9, 1973; 24 UST 2389). 
‘‘(6) NATIONAL OF THE UNITED STATES.—The 
term ‘national of the United States’ has the meaning 
given such term in section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)). 
‘‘(7) OUTER SPACE TREATY.—The term ‘Outer 
Space Treaty’ means the Treaty on Principles Gov-
erning the Activities of States in the Exploration and 
Use of Outer Space, including the Moon and Other 
Celestial Bodies (signed at Washington, Moscow, and 
London on January 27, 1967, ratified by the United 
States on October 10, 1967; 18 UST 2410). 
‘‘(8) SECRETARY.—The term ‘Secretary’ means, 
except as otherwise provided in this subtitle, the Sec-
retary of Commerce, acting through the Office of 
Space Commerce. 
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‘‘(9) SPACE-BASED REMOTE SENSING SYSTEM.— 
The term ‘space-based remote sensing system’ means 
a space object in Earth orbit that is— 
‘‘(A) designed to image the Earth; or 
‘‘(B) capable of imaging a space object in 
Earth orbit operated by the Federal Government. 
‘‘(10) SPACE
DEBRIS
MITIGATION.—The term 
‘space debris mitigation’ means efforts to— 
‘‘(A) prevent on-orbit break-ups; 
‘‘(B) remove spacecraft that have reached 
the end of their mission operation from useful 
densely populated orbit regions; and 
‘‘(C) limit the amount of debris released 
during normal operations of a space object. 
‘‘(11) SPACE OBJECT.— 
‘‘(A) IN GENERAL.—The term ‘space object’ 
means— 
‘‘(i) a human-made object located in 
outer space, including on the Moon and 
other celestial bodies, with or without 
human occupants, that was launched from 
Earth, such as a satellite or a spacecraft, 
including component parts of the object; 
and 
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‘‘(ii) all items carried on such object 
that are intended for use in outer space out-
side of, and independent of, the operation of 
such object. 
‘‘(B) INCLUSION.—Such term includes any 
human-made object that is— 
‘‘(i) manufactured or assembled in 
outer space; and 
‘‘(ii) intended for operations in outer 
space outside of, and independent of, the op-
erations of such object in which the manu-
facturing or assembly occurred. 
‘‘(C) EXCLUSIONS.—Such term does not in-
clude— 
‘‘(i) an article on board a space object 
that is only intended for use inside the 
space object; 
‘‘(ii) an article manufactured or proc-
essed in outer space that is a material; or 
‘‘(iii) an article intended for use out-
side of a space object as part of the certified 
operations of the space object. 
‘‘(12) STATE.—The term ‘State’ means each of 
the several States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the 
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United States Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana 
Islands, and any other commonwealth, territory, or 
possession of the United States. 
‘‘(13) UNITED
STATES.—The term ‘United 
States’ means the States, collectively. 
‘‘(14) 
UNITED
STATES
ENTITY.—The 
term 
‘United States entity’ means— 
‘‘(A) an individual who is a national of the 
United States; or 
‘‘(B) a nongovernmental entity organized or 
existing under, and subject to, the laws of the 
United States or a State. 
‘‘§ 80102. Certification authority 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the American Space Commerce Free 
Enterprise Act of 2017, the Secretary shall begin issuing 
certifications for the operation of a space object to any 
United States entity who submits an application for a cer-
tification in satisfaction of the requirements of this chapter. 
‘‘(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. 
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‘‘(c) CERTIFICATION REQUIRED FOR OPERATION.—Be-
ginning on the date that is 1 year after the date of enact-
ment of the American Space Commerce Free Enterprise Act 
of 2017, a United States entity may not operate a space 
object unless the entity holds a certification issued under 
this chapter for the operation of such object or the entity 
holds a valid payload approval for launch or reentry under 
section 50904 as part of a license issued under chapter 509, 
and that satisfies the requirements of section 80108(a). 
‘‘(d) FOREIGN ENTITIES PROHIBITED.—The Secretary 
may not issue a certification under this chapter to any per-
son who is not a United States entity. 
‘‘(e) COVERAGE OF CERTIFICATION.—The Secretary 
shall, to the maximum extent practicable, require only 1 
certification under this chapter for a United States entity 
to— 
‘‘(1) conduct multiple operations carried out 
using a single space object; 
‘‘(2) operate multiple space objects that carry out 
substantially similar operations; or 
‘‘(3) use multiple space objects to carry out a 
single space operation. 
‘‘§ 80103. Certification application and requirements 
‘‘(a) APPLICATION PROCESS.— 
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‘‘(1) IN GENERAL.—To be eligible for a certifi-
cation or transfer of a certification to operate a space 
object under this chapter, a United States entity shall 
submit an application to the Secretary as provided in 
paragraph (2). Such application shall include, for 
each required item or attestation, 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 object and the op-
erations proposed to be certified: 
‘‘(A) The name, address, and contact infor-
mation of one or more nationals of the United 
States designated by the applicant as responsible 
for the operation of the space object. 
‘‘(B) An affirmation, and a document of 
proof, that the applicant is a United States enti-
ty. 
‘‘(C) If available at the time of submission 
of the application, the planned date and location 
of the launch of the space object, including the 
identity of the launch provider. 
‘‘(D) The general physical form and com-
position of the space object. 
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‘‘(E) A description of the proposed oper-
ations of the space object that includes— 
‘‘(i) when and where the space object 
will operate; and 
‘‘(ii) when and where the operation of 
the space object will terminate. 
‘‘(F) A description of how the space object 
will be operated and disposed of in a manner to 
mitigate the generation of space debris. 
‘‘(G) Information about third-party liabil-
ity insurance obtained, if any, by the applicant 
for operations of the space object, including the 
amount and coverage of such liability insurance. 
‘‘(H) Whether the space object will include 
a space-based remote sensing system. 
‘‘(3) ATTESTATIONS.—An application described 
in paragraph (1) shall contain an attestation by the 
applicant of each the following: 
‘‘(A) The space object is not a nuclear 
weapon or a weapon of mass destruction. 
‘‘(B) The space object will not carry a nu-
clear weapon or weapon of mass destruction. 
‘‘(C) The space object will not be operated 
or used for testing of any weapon on a celestial 
body. 
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‘‘(D) All information in the application 
and supporting documents is true, complete, and 
accurate. 
‘‘(b) REVIEW OF APPLICATION.— 
‘‘(1) VERIFICATION OF INFORMATION AND ATTES-
TATIONS.—Not later than 90 days after receipt of an 
application under this section, the Secretary shall 
verify that— 
‘‘(A) the application is complete, including 
any required supporting documents; 
‘‘(B) the application does not contain any 
clear indication of fraud or falsification; and 
‘‘(C) the application contains each attesta-
tion required under subsection (a)(3). 
‘‘(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 certification to 
the applicant with or without conditions on the 
proposed operation of the space object pursuant 
to subsection (c)(1)(A); or 
‘‘(B) if the Secretary cannot verify that the 
applicant has met the application requirements 
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described in paragraph (1) or if the Secretary 
determines it is necessary to deny the applica-
tion pursuant to subsection (c)(1)(B), the Sec-
retary— 
‘‘(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 certification— 
‘‘(I) provide the applicant with a 
written notification containing a clear-
ly articulated rationale for the denial 
that provides, to the maximum extent 
practicable, guidance to the applicant 
as to how such rationale for denial 
could be addressed in a subsequent ap-
plication; and 
‘‘(II) notify the Committee on 
Commerce, Science, and Transpor-
tation of the Senate and the Committee 
on Science, Space, and Technology of 
the House of Representatives of such 
rationale. 
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‘‘(3) AUTOMATIC
APPROVAL.—If the Secretary 
has not approved or denied the application before the 
deadline under paragraph (2), the certification 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 certifi-
cation under this section in order to protect an exist-
ing certification 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) COMPLIANCE WITH THE OUTER SPACE TREA-
TY.— 
‘‘(1) IN GENERAL.—If the Secretary determines, 
with clear and convincing evidence, that the proposed 
operation of a space object under an application for 
a certification under this chapter is a violation of an 
international obligation of the United States per-
taining to a nongovernmental entity of the United 
States under the Outer Space Treaty— 
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‘‘(A) the Secretary may condition the pro-
posed operation covered by the certification only 
to the extent necessary to prevent a violation of 
such international obligation; or 
‘‘(B) if the Secretary determines that there 
is no practicable way to condition such certifi-
cation to prevent such a violation, the Secretary 
may deny the application. 
‘‘(2) LIMITATION FOR DETERMINATIONS.—A de-
termination under paragraph (1) shall be limited as 
follows: 
‘‘(A) The Federal Government shall inter-
pret and fulfill its international obligations 
under the Outer Space Treaty in a manner that 
minimizes regulations and limitations on the 
freedom of United States nongovernmental enti-
ties to explore and use space. 
‘‘(B) The Federal Government shall inter-
pret and fulfill its international obligations 
under the Outer Space Treaty in a manner that 
promotes free enterprise in outer space. 
‘‘(C) The Federal Government shall not pre-
sume all obligations of the United States under 
the Outer Space Treaty are obligations to be im-
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puted upon United States nongovernmental enti-
ties. 
‘‘(D) Guidelines promulgated by the Com-
mittee on Space Research may not be considered 
international obligations of the United States. 
‘‘(3) PRESUMPTIONS.—In making a determina-
tion under paragraph (1), the Secretary shall pre-
sume, absent clear and convincing evidence to the 
contrary, that— 
‘‘(A) any attestation made by an applicant 
pursuant to subsection (a)(3) is sufficient to 
meet the international obligations of the United 
States pertaining to nongovernmental entities of 
the United States under the Outer Space Treaty 
addressed by such attestation; and 
‘‘(B) reasonably commercially available ef-
forts are sufficient to be in conformity with the 
international obligations of the United States 
pertaining to nongovernmental entities of the 
United States under the Outer Space Treaty. 
‘‘(4) PROHIBITION
ON
RETROACTIVE
CONDI-
TIONS.—No other modifications may be made, or ad-
ditional conditions placed, on a certification after the 
date on which the certification is issued (except to ac-
count for a material change as provided in section 
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80105(c) or the removal of a condition pursuant to 
subsection (d)). 
‘‘(5) NONDELEGABLE.—The responsibilities of 
the Secretary under this subsection may not be dele-
gated, including to the Office of Space Commerce. 
‘‘(d) AUTHORITY TO REMOVE CONDITIONS.—The Sec-
retary, as determined appropriate, may remove a condition 
placed on a certification pursuant to subsection (c). 
‘‘§ 80104. Mitigation of space debris 
‘‘(a) PLAN SUBMISSION.—To be eligible for a certifi-
cation under this chapter, each application shall include 
a space debris mitigation plan for the space object. Such 
plan— 
‘‘(1) shall take into account best practice guide-
lines promulgated by the United States and the Inter-
agency Debris Coordinating Committee; and 
‘‘(2) may take into account that a space object 
may end certified operations and be stored in a safe 
manner until such time as the space object is perma-
nently disposed of or certified for further operations. 
‘‘(b) IMPLEMENTATION.—To the maximum extent 
practicable, a holder of a certification under this chapter 
shall notify the Secretary not later than 30 days before be-
ginning to implement the disposal phase of a space debris 
mitigation plan described in subsection (a). Such certifi-
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cation holder shall, not later than 30 days after completing 
implementation of such phase, update the Secretary of the 
results of any space debris mitigation efforts. 
‘‘§ 80105. Continuing certification requirements 
‘‘(a) NOTIFICATION REQUIREMENT.—A certification 
holder shall, in a timely manner, notify the Secretary if— 
‘‘(1) a certified space object has terminated oper-
ations; or 
‘‘(2) a catastrophic event has occurred to a cer-
tified space object, such as the unplanned destruction 
of a space object. 
‘‘(b) MATERIAL CHANGE.—The Secretary shall require 
certification holders to inform the Secretary of— 
‘‘(1) any material changes to the space object or 
the planned operations of the space object prior to 
launch; and 
‘‘(2) any material anomalies or departures from 
the planned operations during the course of oper-
ations. 
‘‘(c) UPDATE TO CERTIFICATION.—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 substantial enough to warrant additional review under 
section 80103(b). Not later than 90 days after a determina-
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tion that such review is warranted, the Secretary shall com-
plete a similar such review process for such material change 
as is required for a certification applicant under such sec-
tion. 
‘‘§ 80106. Certification transfer 
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary shall provide for the transfer of a certification 
under this chapter from the certification holder to another 
United States entity to continue the operations allowed 
under such certification. 
‘‘(b) TRANSFER REQUEST REQUIREMENTS.—To be eli-
gible for a transfer under subsection (a), the certification 
holder shall submit to the Secretary a request that in-
cludes— 
‘‘(1) any identifying information regarding the 
proposed transferee, including accompanying sup-
porting documents, that would be required under an 
initial application under section 80103; and 
‘‘(2) each attestation required under section 
80103(a)(3), including accompanying supporting doc-
uments, completed by the proposed transferee. 
‘‘(c) DETERMINATION.—Not later than 90 days after 
a certification holder submits a request under subsection 
(b), the Secretary shall complete a similar review process 
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for the request for transfer as required for a certification 
applicant under section 80103(b). 
‘‘§ 80107. Certification expiration and termination 
‘‘(a) CERTIFICATION
EXPIRATION.—A certification 
issued under this chapter shall expire on the earlier of— 
‘‘(1) the date on which all operations approved 
under such certification cease, including carrying out 
a space debris mitigation plan of any space object ap-
proved under such certification; 
‘‘(2) the date on which all space objects approved 
under the certification no longer exist; or 
‘‘(3) the date that is 5 years after the date on 
which the certification was approved, if no operations 
approved under the certification have commenced by 
such date. 
‘‘(b) CERTIFICATION TERMINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall termi-
nate a certification under this chapter if an applicant 
or certification holder is convicted of a violation of 
section 1001 of title 18 related to the certification 
process under this chapter. 
‘‘(2) ELIGIBILITY.—A certification holder whose 
certification is terminated under this subsection shall 
be ineligible to apply for or receive a certification 
under this chapter. 
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‘‘(3) SPACE
DEBRIS
MITIGATION
PLAN.—Upon 
termination of a certification under paragraph (1), 
the Secretary may require the certification holder to 
carry out the space debris mitigation plan submitted 
by the certification holder under section 80104. 
‘‘§ 80108. Existing license or pending application for 
launch or reentry 
‘‘(a) CONTINUATION
OF EXISTING LICENSE.—Any 
United States entity for whom a payload has been approved 
(and not subject to an exemption under section 80110) on 
or before the effective date of this section for launch or re-
entry under section 50904 as part of a license issued under 
chapter 509 may— 
‘‘(1) elect to be immediately considered certified 
for operation under this chapter on such effective 
date, in which case all terms and conditions applica-
ble to the payload as approved for launch or reentry 
as part of a license issued under chapter 509 shall 
apply for the duration of the operation of the pay-
load; or 
‘‘(2) apply for a certification under this chapter 
for the operation of the licensed activities and may 
continue to operate pursuant to such license until 
such time as such certification is issued. 
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‘‘(b) RESCINDING
OR TRANSFER
OF PENDING LI-
CENSE.—A payload of a United States entity that, on the 
effective date of this section, is pending approval under sec-
tion 50904 as part of a launch or reentry license issued 
under chapter 509 may be, at the election of the applicant 
for payload approval— 
‘‘(1) rescinded without prejudice; or 
‘‘(2) transferred to the Office of Space Commerce 
and deemed to be a pending application for certifi-
cation 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. 
‘‘§ 80109. Private Space Activity Advisory Committee 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
a Private Space Activity Advisory Committee (in this sec-
tion referred to as the ‘Committee’) consisting of 15 mem-
bers 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. 
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‘‘(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. 
‘‘(3) QUALIFICATIONS.—Members of the Com-
mittee shall include a variety of space policy, engi-
neering, technical, science, legal, and finance profes-
sionals. Not less than 3 members shall have signifi-
cant experience working in the commercial space in-
dustry. 
‘‘(d) TERMS.—Each member of the Committee shall 
serve for a term of 4 years and may not serve as a member 
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) analyze the status and recent developments 
of nongovernmental space activities; 
‘‘(2) analyze the effectiveness and efficiency of 
the implementation of the certification process under 
this chapter; 
‘‘(3) provide recommendations to the Secretary 
and Congress on how the United States can facilitate 
and promote a robust and innovative private sector 
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that is investing in, developing, and operating space 
objects; 
‘‘(4) identify any challenges the United States 
private sector is experiencing— 
‘‘(A) with the authorization and supervision 
of the operation of space objects under this chap-
ter; 
‘‘(B) more generally, with international ob-
ligations of the United States relevant to private 
sector activities in outer space; 
‘‘(C) with harmful interference to private 
sector activities in outer space; and 
‘‘(D) with access to adequate, predictable, 
and reliable radio frequency spectrum; 
‘‘(5) review existing best practices for United 
States entities to avoid the harmful contamination of 
the Moon and other celestial bodies; 
‘‘(6) review existing best practices for United 
States entities to avoid adverse changes in the envi-
ronment of the Earth resulting from the introduction 
of extraterrestrial matter; 
‘‘(7) provide information, advice, and rec-
ommendations on matters relating to United States 
private sector activities in outer space; and 
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