system under an application for a permit under this 
chapter poses a significant threat to the national se-
curity 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. 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(4) NOTIFICATION.—Not later than 10 days 
after the decision to condition the proposed oper-
ation covered by a permit pursuant to this sub-
section, 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 
applicant has the required security clear-
ance; and 
‘‘(B) submit a notification of the condition 
to the Committee on Commerce, Science, and 
Transportation of the Senate and the Com-
mittee on Science, Space, and Technology of 
the House of Representatives that— 
‘‘(i) contains the clearly articulated 
rationale for the condition; 
‘‘(ii) includes an explanation of how, 
and clear and convincing evidence that, to 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
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 oper-
ation of the applicant’s space-based remote 
sensing system by changing Federal Gov-
ernment activities and operations; and 
‘‘(iii) may contain classified informa-
tion. 
‘‘(5) PROHIBITION
ON
RETROACTIVE
CONDI-
TIONS.—No other modifications may be made, or 
additional 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. 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(2) CONDITIONS
THAT
EXCEED
PERMITTED 
CONDITIONS.—The Secretary may not place a condi-
tion on a permit for a space-based remote sensing 
system that exceeds a condition placed on an exist-
ing permitted system that has the same or substan-
tially 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 
system for which the same or substantially similar 
capabilities, derived data, products, or services are 
already commercially available or reasonably ex-
pected to be made available in the next 3 years in 
the international or domestic marketplace. The ex-
ception in the previous sentence applies regardless of 
whether the marketplace products and services origi-
nate from the operation of aircraft, unmanned air-
craft, 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 expla-
nation of, and clear and convincing evidence that, 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
the exception 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 Com-
merce, Science, and Transportation of the Sen-
ate and the Committee on Science, Space, and 
Technology 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 
paragraph (1) for consideration for inclusion in the 
database. 
‘‘(5) NONAPPLICATION OF CONDITION.—In any 
case in which the Secretary determines that the ex-
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
ception under paragraph (1) applies with respect to 
a permit for the operation of a space-based remote 
sensing system for which the Secretary has placed a 
condition under subsection (c), such condition shall 
no longer apply with respect to such permitted oper-
ations. 
‘‘(f) AUTHORITY TO REMOVE CONDITIONS.—Noth-
ing in this section shall be construed to prohibit the Sec-
retary from removing a condition placed on a permit pur-
suant to subsection (c). 
‘‘§ 80203. Continuing permitting requirements 
‘‘(a) NOTIFICATION REQUIREMENT.—A permit hold-
er shall, in a timely manner, notify the Secretary if— 
‘‘(1) a permitted space-based remote sensing 
system 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 re-
quire permit holders to inform the Secretary of— 
‘‘(1) any material changes to the space-based 
remote sensing system or the planned operations of 
such system prior to launch; and 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(2) any material anomalies or departures from 
the planned operations during the course of oper-
ations. 
‘‘(c) UPDATE TO PERMIT.—Not later than 14 days 
after the date of receipt of information regarding a mate-
rial change pursuant to subsection (b), the Secretary shall 
make a determination of whether such material change is 
substantial enough to warrant additional review under sec-
tion 80202(b). Not later than 60 days after a determina-
tion 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 per-
son to continue the operations allowed under such permit. 
‘‘(b) TRANSFER REQUEST REQUIREMENTS.—To be 
eligible for a transfer under subsection (a), the permit 
holder shall submit to the Secretary a request that in-
cludes any identifying information regarding the trans-
feree that would be required under an initial application 
under section 80202. 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(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 de-
termination of whether such material change is substantial 
enough to warrant additional review under section 
80202(b). Not later than 60 days after a determination 
that such review is warranted, the Secretary shall com-
plete a similar such review process for such transferee as 
is required for a permit applicant under such section. 
‘‘(d) MATERIAL CHANGE.—Any transfer of a permit 
under this chapter constitutes a material change under 
section 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-available basis, a civilian Federal Government sat-
ellite or vehicle as a platform for such system. The Sec-
retary, pursuant to this chapter, may permit such system 
if it meets all conditions of this chapter. 
‘‘(b) ASSISTANCE.—The Secretary may offer assist-
ance to persons in finding appropriate opportunities for 
the utilization described in subsection (a). 
‘‘(c) AGREEMENTS.—To the extent provided in ad-
vance by appropriation Acts, an agency may enter into an 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
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 chapter before commencing operation. 
‘‘§ 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 American Space Commerce Free Enterprise Act of 
2017, and annually thereafter, on— 
‘‘(1) the Secretary’s implementation of this 
chapter, 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 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(E) a list of all applications whose dis-
position exceeded the 60 day deadline, the total 
days overdue for each application that exceeded 
such deadline, and an explanation for the delay; 
and 
‘‘(2) a description of all actions taken by the 
Secretary under the administrative authority grant-
ed 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 estab-
lish an Advisory Committee on Commercial Remote Sens-
ing (in this section referred to as the ‘Committee’) con-
sisting of 15 members who shall be appointed by the Sec-
retary. 
‘‘(b) CHAIR.—The Committee shall designate one 
member as the chair of the Committee. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) LIMITATION.—Members of the Committee 
may not be Federal Government employees or offi-
cials. 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(2) TRAVEL
EXPENSES.—Members of the 
Committee shall receive travel expenses, including 
per diem in lieu of subsistence, in accordance with 
the applicable provisions under subchapter I of chap-
ter 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 
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 in-
dustry; 
‘‘(2) analyze the effectiveness and efficiency of 
the implementation of the space-based remote sens-
ing system permitting process under this chapter; 
‘‘(3) provide recommendations to the Secretary 
and Congress on how the United States can facili-
tate and promote a robust and innovate private sec-
tor 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 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS