‘‘(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. 
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‘‘§ 80304. Exclusive authority for determination of 
international obligations 
‘‘Except for the Secretary as authorized by this sub-
title, no agency may impose a requirement or make a find-
ing with regard to an international obligation of the 
United States pertaining to a nongovernmental entity of 
the United States under the Outer Space Treaty relating 
to— 
‘‘(1) the operation of a space object certified 
under chapter 801; and 
‘‘(2) the carrying out of a space debris mitiga-
tion plan of a space object for which a certification 
was issued under chapter 801. 
‘‘§ 80305. Limitation on certain agency supervision 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the American Space Commerce Free 
Enterprise Act of 2019, no other agency shall have the 
authority to authorize, place conditions on, or supervise 
the operation of space objects required to be certified 
under chapter 801 or space-based remote sensing systems 
required to be permitted under chapter 802 except— 
‘‘(1) the Department of Transportation with re-
spect to launch or reentry vehicle operations licensed 
under chapter 509; and 
‘‘(2) the Federal Communications Commission 
with respect to space stations licensed under the 
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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. 
‘‘§ 80306. 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. 
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‘‘§ 80307. 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. 
‘‘§ 80308. 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. 
‘‘§ 80309. Global commons 
‘‘Notwithstanding any other provision of law, outer 
space shall not be considered a global commons. 
‘‘§ 80310. Regulatory authority 
‘‘(a) IN GENERAL.—The Secretary shall issue such 
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-
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quirements on the operations of United States nongovern-
mental entities in outer space. 
‘‘§ 80311. Consultation with relevant agencies 
‘‘(a) IN GENERAL.—Subject to subsection (b), the 
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 
80305. 
‘‘§ 80312. Authorization of appropriations 
‘‘There are authorized to be appropriated $5,000,000 
to the Office of Space Commerce for fiscal year 2020 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
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‘‘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’’; 
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(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-
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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.’’. 
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