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-
mation, with respect to each space-based remote 
sensing system and the operations proposed to be 
permitted: 
‘‘(A) The name, address, and contact in-
formation of one or more United States entity 
identified by the applicant, pursuant to section 
80201(g), as responsible for the operation of 
the space-based remote sensing system. 
‘‘(B) If available at the time of submission 
of the application, the planned date and loca-
tion of the launch of the applicable space object, 
including the identity of the launch provider. 
‘‘(C) The general physical form and com-
position of the space-based remote sensing sys-
tem. 
‘‘(D) A description of the proposed oper-
ations of the space-based remote sensing system 
that includes— 
‘‘(i) when and where the space-based 
remote sensing system will operate; 
‘‘(ii) when and where the operation of 
the space-based remote sensing system will 
terminate; and 
‘‘(iii) any additional information nec-
essary to make a determination under sub-
section (c) regarding a significant threat to 
national security, as prescribed in advance 
in regulation by the Secretary. 
‘‘(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
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
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
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
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.—
‘‘(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
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—
‘‘(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
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-
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
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—
‘‘§ 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
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—
‘‘(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-
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;
‘‘(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.
‘‘§ 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.
‘‘(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.
‘‘§ 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;
‘‘(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
‘‘(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.
‘‘(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.
‘‘(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.
‘‘(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
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.
‘‘§ 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.
‘‘§ 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,
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.
(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’’.
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;
‘‘(7) to authorize and supervise the operations 
of space-based remote sensing systems pursuant to 
chapter 802 of this title; and 
‘‘(8) to facilitate and promote the development 
of best practices among operators of space objects 
and space-based remote sensing systems under this 
subtitle to address substantial risks to the physical 
safety of Federal Government space objects, includ-
ing the risk of on-orbit collisions.’’. 
SEC. 8. RESTRICTION ON PREVENTING LAUNCHES AND RE-
ENTRIES OF CERTIFIED SPACE OBJECTS. 
Section 50904(c) of title 51, United States Code, is 
amended by adding at the end the following: ‘‘No launch 
or reentry may be prevented under this authority on the 
basis of national security, foreign policy, or international 
obligations of the United States, including under the cov-
ered treaties on outer space (as defined in section 80101) 
if the payload has received a certification to operate as 
a space object under chapter 801.’’. 
SEC. 9. REPORT ON REGISTRATION OF SPACE OBJECTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Commerce, 
acting through the Office of Space Commerce and in con-
sultation with the Private Space Activity Advisory Com-
mittee established under section 80109 of title 51, United
SEC. 10. COMPTROLLER GENERAL REPORT. 
Not later than 180 days after the date of enactment 
of this Act, the Comptroller General of the United States 
shall submit to Congress a report on removing the Office 
of Commercial Space Transportation from under the juris-
diction of the Federal Aviation Administration and rees-
tablishing the Office under the jurisdiction of the Sec-
retary of Transportation. Such report shall include— 
(1) the identification of key practices for suc-
cessful organizational transitions; 
(2) the advantages and disadvantages of the re-
moval and reestablishment with respect to the ability 
of the Office to continue to coordinate and commu-
nicate with Federal Aviation Administration on air-
space issues; and 
(3) the identification of any issues that are pre-
venting the Office from fully carrying out its statu-
tory mandate, and if such issues would persist re-
gardless of organizational location of the Office with-
in the Department of Transportation. 
SEC. 11. RADIOFREQUENCY MAPPING REPORT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Commerce, 
in consultation with the Secretary of Defense and the Di-
rector of National Intelligence, shall complete and submit
to the Advisory Committee on Commercial Remote Sens-
ing a report on space-based radiofrequency mapping. 
(b) CONTENTS.—The report required under sub-
section (a) shall include— 
(1) whether there is a need to regulate space- 
based radiofrequency mapping; 
(2) any immitigable impacts of space-based ra-
diofrequency mapping on national security, U.S. 
competitiveness and space leadership, and constitu-
tional freedoms; and 
(3) findings, conclusions, and recommendations 
regarding the costs and benefits of additional regu-
latory authority over space-based radiofrequency 
mapping; and 
(4) an evaluation of— 
(A) whether the development of voluntary 
consensus industry standards in coordination 
with the Department of Defense is more appro-
priate than issuing regulations with respect to 
space-based radiofrequency mapping; and 
(B) how existing authorities, regulations, 
and laws could be applied in a manner that pre-
vents the need for additional regulation of such 
mapping.
(c) ADVISORY COMMITTEE ON COMMERCIAL REMOTE 
SENSING REVIEW.—Not later than 90 days after the date 
of receipt of the report required under subsection (a), the 
Advisory Committee on Commercial Remote Sensing shall 
submit to the Committee on Science, Space, and Tech-
nology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
the report submitted under subsection (a) and the opinion 
of the Advisory Committee with respect to such report, 
including any critiques, concerns, recommendations, and 
endorsements. Such opinion shall be submitted directly 
from the Chair of the Advisory Committee to those Com-
mittees of Congress without any review or change by the 
Administration. 
Passed the House of Representatives April 24, 2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 2809 
AN ACT 
To amend title 51, United States Code, to provide 
for the authorization and supervision of non-
governmental space activities, and for other pur-
poses.