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.). 
‘‘(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. 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘§ 80111. Protecting the interests of United States en-
tity space objects 
‘‘The President shall ensure that United States entity 
exploration and use of outer space, including commercial 
activity and the exploitation of space resources, is secure 
from acts of foreign aggression and foreign harmful inter-
ference and is given due regard, and the President shall 
uphold the ownership rights of space objects of United 
States entities. Space objects certified under this chapter 
shall receive the full protection of the United States.’’. 
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. 
(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-
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
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 
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 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
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. 
‘‘§ 80201. Permitting 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 is authorized to per-
mit persons to operate space-based remote sensing sys-
tems. 
‘‘(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. 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(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-
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— 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(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 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
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-
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
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 60 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 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 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 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(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 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
has the required security clear-
ance; and 
‘‘(II) submit a notification of the 
denial to the Committee on Com-
merce, Science, and Transportation of 
the Senate and the Committee on 
Science, Space, and Technology of the 
House of Representatives 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-
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS
cant’s space-based remote 
sensing system by changing 
Federal Government activi-
ties and operations; and 
‘‘(BB) 
may 
contain 
classified information. 
‘‘(3) AUTOMATIC APPROVAL.—If the Secretary 
has not approved or denied the application before 
the deadline under paragraph (2), the application 
shall be approved without condition. The Secretary 
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 permit 
under this section in order to protect an existing 
permit 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) ADDRESSING NATIONAL SECURITY THREAT.— 
‘‘(1) IN
GENERAL.—If the Secretary deter-
mines, with clear and convincing evidence, that the 
proposed operation of a space-based remote sensing 
VerDate Sep 11 2014 
21:14 Jun 13, 2017
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
asabaliauskas on DSKBBXCHB2PROD with BILLS