IIB 
115TH CONGRESS 
2D SESSION 
H. R. 2809 
IN THE SENATE OF THE UNITED STATES 
APRIL 25, 2018 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend title 51, United States Code, to provide for the 
authorization and supervision of nongovernmental space 
activities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Space Commerce Free Enterprise Act’’. 
(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 ob-
jects. 
Sec. 9. Report on registration of space objects. 
Sec. 10. Comptroller General report. 
Sec. 11. Radiofrequency mapping 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, 
and placing into outer space, spacecraft and pay-
loads. 
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(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 es-
tablishment of a general authorization and super-
vision certification authority for nongovernmental 
outer space activities. 
(5) The private exploration and use of outer 
space by nongovernmental entities will further the 
national security, foreign policy, and economic inter-
ests 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 activi-
ties are carried out in conformity with the inter-
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national obligations of the United States under the 
Outer Space Treaty; 
(3) to the maximum extent practicable, the 
Federal Government shall interpret and fulfill its 
international obligations to minimize regulations and 
limitations on the freedom of United States non-
governmental entities to explore and use space; 
(4) to the maximum extent practicable, the 
Federal Government shall take steps to protect the 
physical 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 author-
ization and supervision framework to provide greater 
transparency, greater efficiency, and less administra-
tive burden for nongovernmental entities of the 
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United States seeking to conduct space activities; 
and 
(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 As-
tronauts and the Return of Space Objects’’ means 
the Agreement on the Rescue of Astronauts, the Re-
turn 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 Registra-
tion 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; 
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(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-
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 
January 27, 1967, ratified by the United States on 
October 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 
Nongovern-
mental Space Activities 
‘‘CHAPTER 801—CERTIFICATION TO 
OPERATE SPACE OBJECTS 
‘‘Sec. 
‘‘80101. Definitions. 
‘‘80102. Certification authority. 
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‘‘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. 
‘‘§ 80101. Definitions 
‘‘In this subtitle: 
‘‘(1) AGENCY.—The term ‘agency’ has the 
meaning 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 Astro-
nauts 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 Registra-
tion 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). 
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‘‘(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 As-
tronauts and the Return of Space Objects; 
‘‘(C) the Convention on Registration of 
Space Objects; and 
‘‘(D) the Liability Convention. 
‘‘(5) LIABILITY CONVENTION.—The term ‘Li-
ability Convention’ means the Convention on the 
International Liability for Damage Caused by Space 
Objects (signed at Washington, Moscow, and Lon-
don on March 29, 1972, ratified by the United 
States on October 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 Immigra-
tion 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, Mos-
cow, and London on January 27, 1967, ratified by 
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the United States on October 10, 1967; 18 UST 
2410). 
‘‘(8) 
SECRETARY.—The 
term 
‘Secretary’ 
means, except as otherwise provided in this subtitle, 
the Secretary of Commerce, acting through the Of-
fice of Space Commerce. 
‘‘(9) SPACE-BASED
REMOTE
SENSING
SYS-
TEM.—The term ‘space-based remote sensing sys-
tem’ 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 Govern-
ment. 
‘‘(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 ob-
ject’ means— 
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‘‘(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 
‘‘(ii) all items carried on such object 
that are intended for use in outer space 
outside of, and independent of, the oper-
ation 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 
operations of such object in which the 
manufacturing or assembly occurred. 
‘‘(C) EXCLUSIONS.—Such term does not 
include— 
‘‘(i) an article on board a space object 
that is only intended for use inside the 
space object; 
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‘‘(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 cer-
tified 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 
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, the Secretary shall begin issuing certifi-
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cations for the operation of a space object to any United 
States entity who submits an application for a certification 
in satisfaction of the requirements of this chapter. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN GENERAL.—The Secretary shall, as the 
Secretary considers necessary, consult with the 
heads of other relevant agencies in carrying out the 
requirements of this chapter, pursuant to section 
80310. 
‘‘(2) EXPLOITATION
AND
INTEGRATION
OF 
WAVEFORMS.—The Secretary shall consult with the 
Secretary of Defense before issuing a certification or 
approving a change to an existing certification if the 
operations of the space object involve exploitation 
and integration of waveforms other than publicly 
available or standard public waveforms. The pre-
vious sentence shall not grant authority to the Sec-
retary to regulate such operations. 
‘‘(c) CERTIFICATION REQUIRED FOR OPERATION.— 
Beginning on the date that is 1 year after the date of 
enactment of the American Space Commerce Free Enter-
prise Act, 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 
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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 Sec-
retary may not issue a certification under this chapter to 
any person who is not a United States entity. 
‘‘(e) COVERAGE OF CERTIFICATION.—The Secretary 
shall, to the maximum extent practicable, require only one 
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.— 
‘‘(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 en-
tity shall submit an application to the Secretary as 
provided in paragraph (2). Such application shall in-
clude, for each required item or attestation, suffi-
cient evidence to demonstrate each fact or assertion. 
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‘‘(2) CONTENTS.—An application described in 
paragraph (1) shall include only the following infor-
mation, with respect to each space object and the 
operations proposed to be certified: 
‘‘(A) The name, address, and contact in-
formation of one or more nationals of the 
United States designated by the applicant as 
responsible for the operation of the space ob-
ject. 
‘‘(B) An affirmation, and a document of 
proof, that the applicant is a United States en-
tity. 
‘‘(C) If available at the time of submission 
of the application, the planned date and loca-
tion 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. 
‘‘(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. 
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‘‘(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. 
‘‘(I) Whether the operations will involve ex-
ploitation and integration of waveforms other 
than publicly available or standard public wave-
forms and, if so, information about such oper-
ations as proscribed in advance by regulation by 
the Secretary. 
‘‘(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 ac-
curate. 
‘‘(b) REVIEW OF APPLICATION.— 
‘‘(1) VERIFICATION OF INFORMATION AND AT-
TESTATIONS.—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 ap-
plicant has met the application requirements 
described in paragraph (1), the Secretary shall 
approve the application and issue a certification 
to the applicant with or without conditions on 
the proposed operation of the space object pur-
suant to subsection (c)(1)(A); or 
‘‘(B) if the Secretary cannot verify that 
the applicant has met the application require-
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ments described in paragraph (1) or if the Sec-
retary determines it is necessary to deny the 
application pursuant to 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 certifi-
cation— 
‘‘(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 
application; and 
‘‘(II) notify the Committee on 
Commerce, Science, and Transpor-
tation of the Senate and the Com-
mittee on Science, Space, and Tech-
nology of the House of Representa-
tives 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 pro-
posed operations denied pursuant to paragraph 
(2)(B) if such new application contains remedies ad-
dressing the rationale for such denial. 
‘‘(c) COMPLIANCE WITH THE OUTER SPACE TREA-
TY.— 
‘‘(1) IN
GENERAL.—If the Secretary deter-
mines, with clear and convincing evidence, that the 
proposed operation of a space object under an appli-
cation for a certification under this chapter is a vio-
lation of an international obligation of the United 
States pertaining 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 
determination 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 
presume all obligations of the United States 
under the Outer Space Treaty are obligations to 
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be imputed upon United States nongovern-
mental entities. 
‘‘(D) Guidelines promulgated by the Com-
mittee on Space Research may not be consid-
ered 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 Trea-
ty 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 
additional conditions placed, on a certification after 
the date on which the certification is issued (except 
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to account for a material change as provided in sec-
tion 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 
Secretary, as determined appropriate, may remove a con-
dition 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 
Interagency 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 
beginning to implement the disposal phase of a space de-
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bris mitigation plan described in subsection (a). Such cer-
tification holder shall, not later than 30 days after com-
pleting implementation of such phase, update the Sec-
retary 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 op-
erations; or 
‘‘(2) a catastrophic event has occurred to a cer-
tified space object, such as the unplanned destruc-
tion of a space object. 
‘‘(b) MATERIAL CHANGE.—The Secretary shall re-
quire 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 
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under section 80103(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 mate-
rial change as is required for a certification applicant 
under such section. 
‘‘§ 80106. Certification transfer 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), the Secretary shall provide for the transfer of a certifi-
cation 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 
eligible for a transfer under subsection (a), the certifi-
cation holder shall submit to the Secretary a request that 
includes— 
‘‘(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 
documents, 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 
approved under such certification; 
‘‘(2) the date on which all space objects ap-
proved 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 oper-
ations approved under the certification have com-
menced by such date. 
‘‘(b) CERTIFICATION TERMINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall termi-
nate a certification under this chapter if an appli-
cant 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 sub-
section 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 ap-
proved (and not subject to an exemption under section 
80110) on or before the effective date of this section for 
launch or reentry 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 
section 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 Com-
merce and deemed to be a pending application for 
certification under this chapter. 
‘‘(c) EFFECTIVE DATE.—This section shall take ef-
fect on the date that is 1 year after the date of enactment 
of the American Space Commerce Free Enterprise Act. 
‘‘§ 80109. Private Space Activity Advisory Committee 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a Private Space Activity Advisory Committee (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 
member 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 
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. 
‘‘(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 three members shall have sig-
nificant experience working in the commercial space 
industry. 
‘‘(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 develop-
ments 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 facili-
tate and promote a robust and innovative private 
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sector 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 super-
vision of the operation of space objects under 
this chapter; 
‘‘(B) more generally, with international ob-
ligations of the United States relevant to pri-
vate 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 introduc-
tion 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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‘‘(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 Com-
mittee 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 
Communications Commission under the Communica-
tions 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 enti-
ty exploration and use of outer space, including com-
mercial activity and the exploitation of space re-
sources, 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 oper-
ating 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 expe-
rienced significant growth since the passage of the 
Land Remote Sensing Policy Act of 1992. 
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(2) It is in the interest of the United States to 
foster new and novel space-based remote sensing ap-
plications and services and to help facilitate their 
continued domestic growth. 
(3) Since the passage of the Land Remote 
Sensing Policy Act of 1992, the National Oceanic 
and Atmospheric Administration’s Office of Com-
mercial Remote Sensing has experienced a signifi-
cant increase in applications for private remote sens-
ing space system licenses as authorized under sec-
tion 60121 of title 51, United States Code. 
(4) Many of the applicants for commercial 
space-based remote sensing licenses have encoun-
tered 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 indus-
try. It must be updated in a way that satisfies the 
needs of commercial remote sensing market as well 
as the national 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 
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capabilities or data products that are available or 
reasonably 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 Gov-
ernment shall take steps to protect the national security 
interests of the United States that do not involve regu-
lating or limiting the freedoms of United States non-
governmental entities to explore and use space. Federal 
Government agencies shall mitigate any threat to national 
security posed by the exploration and use of outer space 
by United States citizens and entities, to the maximum 
extent practicable, changing Federal Government activi-
ties and operations. 
(c) AMENDMENT.—Title 51, United States Code, is 
further 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. 
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‘‘§ 80201. Permitting authority 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the American Space Commerce Free 
Enterprise Act, the Secretary is authorized to permit per-
sons to operate space-based remote sensing systems. 
‘‘(b) CONSULTATION.—The Secretary shall, as the 
Secretary considers necessary, consult with the heads of 
other relevant agencies in carrying out the requirements 
of this chapter, pursuant to section 80310. 
‘‘(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 lim-
ited to the remote sensing operations of such space object. 
‘‘(d) DE MINIMIS EXCEPTION.— 
‘‘(1) WAIVER.—The Secretary may waive the 
requirement for a permit for a space-based remote 
sensing 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 se-
curity. 
‘‘(2) GUIDANCE.—Not later than 1 year after 
the date of enactment of this subsection, the Sec-
retary shall issue guidance providing a clear expla-
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nation of the criteria used by the Secretary to grant 
a de minimis waiver under paragraph (1)(B) for a 
space-based 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 sens-
ing systems that carry out substantially similar op-
erations; or 
‘‘(3) use multiple space-based remote sensing 
systems to carry out a single remote sensing oper-
ation. 
‘‘(f) PROHIBITION ON OPERATION.—Not later than 
1 year after the date of enactment of the American Space 
Commerce Free Enterprise Act, no person may, directly 
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 
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entity that consents to be responsible for the permitted 
operation of the space-based remote sensing system. 
‘‘(h) OPERATION OF SPACE-BASED REMOTE SENS-
ING 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 
persons, 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 op-
erate a space-based remote sensing system under 
this chapter, a person shall submit an application to 
the Secretary as provided in paragraph (2). Such 
application shall include, for each required item, suf-
ficient evidence to demonstrate each fact or asser-
tion. 
‘‘(2) CONTENTS.—An application described in 
paragraph (1) shall include only the following infor-
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section (c) regarding a significant threat to 
national security, as prescribed in advance 
in regulation by the Secretary. 
‘‘(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 sens-
ing 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 ap-
plicant has met the application requirements 
described in paragraph (1), the Secretary shall 
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approve the application and issue a permit to 
the applicant with or without conditions on the 
proposed 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 require-
ments described in paragraph (1) or if the Sec-
retary makes a determination to deny the appli-
cation under 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 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 
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could be addressed in a subse-
quent application; and 
‘‘(bb) includes all classified 
information included in such ra-
tionale for which the applicant 
has the required security clear-
ance; and 
‘‘(II) submit a notification of the 
denial to the Committee on Science, 
Space, and Technology of the House 
of Representatives and the Committee 
on Commerce, Science, and Transpor-
tation of the Senate that— 
‘‘(aa) contains the clearly 
articulated rationale for the de-
nial; 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 
practicable, 
the 
Federal 
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Government took steps to 
mitigate a significant threat 
to the national security of 
the United States posed by 
the operation of the appli-
cant’s space-based remote 
sensing system by changing 
Federal Government activi-
ties and operations; and 
‘‘(BB) 
may 
contain 
classified information. 
‘‘(3) AUTOMATIC APPROVAL.— 
‘‘(A) IN GENERAL.—If the Secretary has 
not approved or denied the application before 
the deadline under paragraph (2), the applica-
tion shall be approved without condition. The 
Secretary may not allow tolling of the 90-day 
period under such paragraph. 
‘‘(4) DELAY OF AUTOMATIC APPROVAL.— 
‘‘(A) IN GENERAL.—The President is per-
mitted to extend the 90-day period under para-
graph (2) once for each application for an addi-
tional 60 days to further evaluate the national 
security implications of the application only if 
the President notifies the Committee on 
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Science, Space, and Technology of the House of 
Representatives and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate of the need, with clear and convincing evi-
dence, to extend the review period. Such notifi-
cation shall include— 
‘‘(i) details on the efforts taken to re-
view the application during the 90-day pe-
riod, including staff time, studies pro-
duced, and interim conclusions; and 
‘‘(ii) a plan for assuring a final deci-
sion within the additional 60 days. 
‘‘(B) NONDELEGABLE.—The responsibil-
ities of the President under this paragraph may 
not be delegated. 
‘‘(5) IMPROPER BASIS FOR DENIAL.—The Sec-
retary may not deny an application for a permit 
under this section in order to protect an existing 
permit holder from competition. 
‘‘(6) SUBSEQUENT
REVIEW.—The Secretary 
may not prejudice a new application for the pro-
posed operations denied pursuant to paragraph 
(2)(B) if such new application contains remedies ad-
dressing the rationale for such denial. 
‘‘(c) ADDRESSING NATIONAL SECURITY THREAT.— 
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‘‘(1) IN
GENERAL.—If the Secretary deter-
mines, in consultation with the Secretary of Defense 
and with clear and convincing evidence, that the pro-
posed operation of a space-based remote sensing sys-
tem 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 
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Secretary shall only place a condition on a permit 
that is achievable using reasonably commercially 
available efforts. 
‘‘(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 necessary classified 
information included in such rationale for 
which the applicant has the required secu-
rity clearance; 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— 
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‘‘(i) contains the clearly articulated 
rationale for the condition; 
‘‘(ii) includes an explanation of how, 
and clear and convincing evidence that, to 
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 
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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. 
‘‘(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. 
‘‘(3) SCOPE.—With respect to a condition 
placed on a permit for a space-based remote sensing 
system because of a national security concern, the 
Secretary may only place such a condition for the 
smallest area and for the shortest period necessary 
to protect the national security concern at issue. 
‘‘(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-
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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, 
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 
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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-
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— 
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‘‘(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 
‘‘(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 90 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. 
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‘‘§ 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. 
‘‘(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 90 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 
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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 
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, and 
annually thereafter, on— 
‘‘(1) the Secretary’s implementation of this 
chapter, including— 
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‘‘(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 
‘‘(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-
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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. 
‘‘(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; 
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‘‘(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 
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. 
‘‘(f) ANNUAL REPORT.—The Committee shall submit 
to Congress, the President, the Secretary, and the Direc-
tor of the Office of Space Commerce, an annual report 
that includes 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 Com-
mittee is established. 
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‘‘§ 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 per-
mitted 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 system shall apply for the duration of the li-
cense; 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 LI-
CENSE.—An applicant with an application for a remote 
sensing license 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 Com-
merce and deemed to be a pending application for a 
permit under this chapter. 
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‘‘(c) EFFECTIVE DATE.—This section shall take ef-
fect on the date that is 1 year after the date of enactment 
of the American Space Commerce Free Enterprise Act. 
‘‘§ 80209. Commercial Remote Sensing Regulatory Af-
fairs Office 
‘‘On the date that is 1 year after the date of enact-
ment of the American Space Commerce Free Enterprise 
Act, 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. 
‘‘80303. Appeal of denial or condition of certification or permit. 
‘‘80304. Limitation on certain agency supervision. 
‘‘80305. Commercial exploration and use of outer space. 
‘‘80306. Rule of construction on concurrent application submission. 
‘‘80307. Federal jurisdiction. 
‘‘80308. Global commons. 
‘‘80309. Regulatory authority. 
‘‘80310. Consultation with relevant agencies. 
‘‘80311. Authorization of appropriations. 
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‘‘§ 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 certifi-
cations or permits under this subtitle and to termi-
nate certified or permitted operations on an imme-
diate basis, if the Secretary determines that the cer-
tification or permit holder has substantially failed to 
comply with any provisions of this subtitle, or with 
any terms of a certification 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 
‘‘(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; 
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‘‘(4) seize any object, record, or report, or cop-
ies 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 timely request for review of an adverse action pursuant 
to paragraph (2) or (4) of subsection (a) shall be entitled 
to adjudication 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 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 
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‘‘(2) a permit under chapter 802. 
‘‘(d) NO AUTHORITY TO SET CONDITIONS.—The 
Secretary may not impose a substantive condition on, or 
any other requirement for, the issuance of a certification 
or permit 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 re-
lating to a certification or a permit under this subtitle. 
‘‘(f) LIMITATION ON EXCEPTIONS TO ADMINISTRA-
TIVE
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 
Congress that— 
‘‘(1) the United States Government has assets 
in Earth orbit critical to national security, scientific 
research, economic growth, and exploration; 
‘‘(2) such assets represent a considerable in-
vestment 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. 
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‘‘(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 
Federal 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 
Secretary may require that the certification holder partici-
pate 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), be-
tween— 
‘‘(A) a certification holder responsible for 
the certified space object operations; and 
‘‘(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. 
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‘‘(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 phys-
ical safety risk. 
‘‘(f) DURATION OF CONSULTATION; NOTICE.—Not 
later than 90 days after the Secretary requires a consulta-
tion 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; 
‘‘(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. 
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‘‘(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 certifi-
cation 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 cer-
tification 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 sub-
mitted. If the Secretary denies the appeal, the applicant 
may seek review in the United States Court of Appeals 
for the District of Columbia Circuit or in the court of ap-
peals of the United States for the circuit in which the per-
son resides or has its principal place of business. 
‘‘§ 80304. Limitation on certain agency supervision 
‘‘(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, no other agency shall have the authority 
to authorize, place conditions on, or supervise the oper-
ation of space objects required to be certified under chap-
ter 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 
‘‘(2) the Federal Communications Commission 
with respect to space stations licensed under the 
Communications Act of 1934 (47 U.S.C. 151 et 
seq.). 
‘‘(b) AGREEMENT LIMITATIONS.—Nothing in this 
section shall be construed to prevent an agency from in-
cluding additional terms, conditions, limitations, or re-
quirements, 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 re-
mote sensing system. 
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‘‘§ 80305. Commercial exploration and use of outer 
space 
‘‘To the maximum extent practicable, the President, 
acting through appropriate Federal agencies, shall inter-
pret and fulfill international obligations, including under 
the covered treaties on outer space, to minimize regula-
tions and limitations on the freedom of United States non-
governmental entities to explore and use space. 
‘‘§ 80306. Rule of construction on concurrent applica-
tion submission 
‘‘Nothing in this subtitle shall be construed to pre-
vent an applicant from submitting to the Secretary con-
current applications for a certification under chapter 801 
and a permit under chapter 802. The Secretary shall pro-
vide for applications under chapter 801 and chapter 802 
to be filed concurrently or at different times, at the discre-
tion of the applicant. To the maximum extent practicable, 
the Secretary shall avoid duplication of information re-
quired in concurrently filed applications. 
‘‘§ 80307. Federal jurisdiction 
‘‘The district courts shall have original jurisdiction, 
exclusive of the courts of the States, of any civil action 
resulting from the operation of a space object for which 
a certification or permit is required under this subtitle. 
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‘‘§ 80308. Global commons 
‘‘Notwithstanding any other provision of law, outer 
space shall not be considered a global commons. 
‘‘§ 80309. Regulatory authority 
‘‘(a) IN GENERAL.—The Secretary shall issue such 
regulations 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-
quirements on the operations of United States nongovern-
mental entities in outer space. 
‘‘(c) ADMINISTRATIVE PROCEDURES ACT.—All ac-
tivities carried out pursuant to this section shall comply 
with the requirements of chapter 5 of title 5. 
‘‘§ 80310. Consultation with relevant agencies 
‘‘(a) IN GENERAL.—Subject to subsection (b), the 
Secretary shall, as the Secretary considers necessary, con-
sult 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 Secretary to authorize, place conditions on, and super-
vise the operation of space objects under chapter 801 and 
space-based remote sensing systems under chapter 802, 
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as provided in, and subject to, the limitations of section 
80304. 
‘‘§ 80311. Authorization of appropriations 
‘‘There are authorized to be appropriated $5,000,000 
to the Office of Space Commerce for each of fiscal years 
2018 and 2019 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’’. 
(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 sec-
tion 60147. 
(D) The table of sections for chapter 601 
is amended by striking the items relating to 
subchapter III. 
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(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 
(C) in section 71102(1), by striking 
‘‘tracking device’’ and inserting ‘‘tracking de-
vice to’’. 
(2) CHAPTER 513.—The table of chapters of 
title 51, United States Code, is amended by striking 
the item related to chapter 513 and inserting the 
following: 
‘‘513. Space Resource Commercial Exploration and Utili-
zation ..........................................................................51301’’. 
(3) CHAPTER 701.—The table of chapters of 
title 51, United States Code, is amended by striking 
the item related to chapter 701 and inserting the 
following: 
‘‘701. Use of Space Launch System or Alternatives .............70101’’. 
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SEC. 7. OFFICE OF SPACE COMMERCE. 
Section 50702 of title 51, United States Code, is 
amended— 
(1) in subsection (a), by adding at the end be-
fore the period ‘‘, which shall be located in the prin-
cipal physical location of the Office of the Secretary 
of Commerce’’; 
(2) in subsection (b), by striking ‘‘a senior exec-
utive and shall be compensated at a level in the Sen-
ior Executive Service under section 5382 of title 5 
as determined by the Secretary of Commerce’’ and 
inserting ‘‘appointed by the President and confirmed 
by the Senate. The Director shall be the Assistant 
Secretary of Commerce for Space Commerce and 
shall report directly to the Secretary of Commerce’’; 
and 
(3) in subsection (c)— 
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(6) to authorize and supervise the operations 
of United States nongovernmental entities in outer 
space, pursuant to chapter 801 of this title; 
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