I 
115TH CONGRESS 
1ST SESSION H. R. 2809 
To amend title 51, United States Code, to provide for the authorization 
and supervision of nongovernmental space activities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 7, 2017 
Mr. SMITH of Texas (for himself, Mr. BABIN, Mr. BRIDENSTINE, Mr. PERL-
MUTTER, Mr. ROHRABACHER, Mr. HULTGREN, Mr. WEBER of Texas, Mr. 
HIGGINS of Louisiana, and Mr. KILMER) introduced the following bill; 
which was referred to the Committee on Science, Space, and Technology 
A BILL 
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, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
This Act may be cited as the ‘‘American Space Com-
merce Free Enterprise Act of 2017’’. 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; policy; purposes. 
Sec. 3. Certificates 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. 
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Sec. 8. Restriction on preventing launches and reentries of certified space ob-
jects. 
Sec. 9. Report on registration of space objects. 
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. 
(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. 
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(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-
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 
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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 
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 
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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; 
(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, 
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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. CERTIFICATES 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. 
‘‘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 
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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). 
‘‘(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 
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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 
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 
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‘‘(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— 
‘‘(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. 
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‘‘(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; 
‘‘(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. 
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‘‘(13) UNITED
STATES.—The term ‘United 
States’ means the States, collectively. 
‘‘(14) UNITED
STATES
ENTITY.—The term 
‘United States entity’ means— 
‘‘(A) an individual who is a national of the 
United States; or 
‘‘(B) a nongovernmental entity organized 
or existing under, and subject to, the laws of 
the United States or a State. 
‘‘§ 80102. Certification authority 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the American Space Commerce Free 
Enterprise Act of 2017, the Secretary shall issue a certifi-
cation 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.—The Secretary may, as the 
Secretary considers necessary, consult with the heads of 
other relevant agencies in carrying out the requirements 
of this chapter, pursuant to section 80311. 
‘‘(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 of 2017, a United States entity may not operate 
a space object unless the entity holds a certification issued 
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under this chapter for the operation of such object or the 
entity holds a valid payload approval for launch or reentry 
under section 50904 as part of a license issued under 
chapter 509, and that satisfies the requirements of section 
80108(a). 
‘‘(d) FOREIGN ENTITIES PROHIBITED.—The 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 1 
certification under this chapter for a United States entity 
to— 
‘‘(1) conduct multiple operations carried out 
using a single space object; 
‘‘(2) operate multiple space objects that carry 
out substantially similar operations; or 
‘‘(3) use multiple space objects to carry out a 
single space operation. 
‘‘§ 80103. Certification application and requirements 
‘‘(a) APPLICATION PROCESS.— 
‘‘(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-
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clude, for each required item or attestation, suffi-
cient evidence to demonstrate each fact or assertion. 
‘‘(2) CONTENTS.—An application described in 
paragraph (1) shall include only the following infor-
mation, with respect to each space object and the 
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 
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‘‘(ii) when and where the operation of 
the space object will terminate. 
‘‘(F) A description of how the space object 
will be operated and disposed of in a manner to 
mitigate the generation of space debris. 
‘‘(G) Information about third-party liabil-
ity insurance obtained, if any, by the applicant 
for operations of the space object, including the 
amount and coverage of such liability insurance. 
‘‘(H) Whether the space object will include 
a space-based remote sensing system. 
‘‘(3) ATTESTATIONS.—An application described 
in paragraph (1) shall contain an attestation by the 
applicant of each the following: 
‘‘(A) The space object is not a nuclear 
weapon or a weapon of mass destruction. 
‘‘(B) The space object will not carry a nu-
clear weapon or weapon of mass destruction. 
‘‘(C) The space object will not be operated 
or used for testing of any weapon on a celestial 
body. 
‘‘(D) All information in the application and 
supporting documents is true, complete, and ac-
curate. 
‘‘(b) REVIEW OF APPLICATION.— 
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‘‘(1) VERIFICATION OF INFORMATION AND AT-
TESTATIONS.—Not later than 60 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 60 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-
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— 
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‘‘(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. 
‘‘(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 
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may not allow tolling of the 60-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— 
‘‘(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 
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‘‘(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 
be imputed upon United States nongovern-
mental entities. 
‘‘(D) Guidelines promulgated by the Com-
mittee on Space Research may not be consid-
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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 
to account for a material change as provided in sec-
tion 80105(c) or the removal of a condition pursuant 
to subsection (d)). 
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‘‘(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-
bris mitigation plan described in subsection (a). Such cer-
tification holder shall, not later than 30 days after com-
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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 
under section 80103(b). Not later than 60 days after a 
determination that such review is warranted, the Secretary 
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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 60 days after 
a certification holder submits a request under subsection 
(b), the Secretary shall complete a similar review process 
for the request for transfer as required for a certification 
applicant under section 80103(b). 
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‘‘§ 80107. Certification expiration and termination 
‘‘(a) CERTIFICATION EXPIRATION.— 
‘‘(1) IN GENERAL.—A certification issued under 
this chapter shall expire on the earlier of— 
‘‘(A) the date on which all operations ap-
proved under such certification cease, including 
carrying out a space debris mitigation plan of 
any space object approved under such certifi-
cation; 
‘‘(B) the date on which all space objects 
approved under the certification no longer exist; 
or 
‘‘(C) the date that is 5 years after the date 
on which the certification was approved, if no 
operations approved under the certification have 
commenced by such date. 
‘‘(b) CERTIFICATION TERMINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall termi-
nate a certification under this chapter if an 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 of 
2017. 
‘‘§ 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 3 members shall have signifi-
cant experience working in the commercial space in-
dustry. 
‘‘(d) TERMS.—Each member of the Committee shall 
serve for a term of 4 years and may not serve as a member 
for the 2-year period following the date of completion of 
each such term. 
‘‘(e) DUTIES.—The duties of the Committee shall be 
to— 
‘‘(1) analyze the status and recent 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; and 
‘‘(C) with harmful interference to private 
sector activities in outer space; 
‘‘(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 
‘‘(8) provide information, advice, and rec-
ommendations on matters related to the authority of 
the Secretary under this chapter or to private sector 
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‘‘(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 of 2017, 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 
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 
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