[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3610 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3610
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
July 2, 2019
Mr. Babin 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Space
Commerce Free Enterprise Act of 2019''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy; purposes.
Sec. 3. Certification to operate space objects.
Sec. 4. Permitting of space-based remote sensing systems.
Sec. 5. Administrative provisions related to certification and
permitting.
Sec. 6. Technical and conforming amendments.
Sec. 7. Office of Space Commerce.
Sec. 8. Restriction on preventing launches and reentries of certified
space objects.
Sec. 9. Report on registration of space objects.
Sec. 10. Comptroller General report.
SEC. 2. FINDINGS; POLICY; PURPOSES.
(a) Findings.--Congress finds the following:
(1) The United States, through existing authorization and
supervision mechanisms, satisfies and is in conformity with its
obligation under the Outer Space Treaty to authorize and
supervise nongovernmental space activities to assure such
activities are carried out in conformity with the international
obligations of the United States under the Outer Space Treaty.
(2) The United States has a robust and innovative private
sector that is investing in, developing, and placing into outer
space, spacecraft and payloads.
(3) Authorization and supervision mechanisms as of the date
of enactment of this Act could be improved 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 establishment
of a general authorization and supervision certification
authority for nongovernmental outer space activities.
(5) The private exploration and use of outer space by
nongovernmental entities will further the national security,
foreign policy, and economic interests 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 necessary to
assure United States national security interests are met and to
authorize and supervise nongovernmental space activities to
assure such activities are carried out in conformity with the
international 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 nongovernmental entities to explore
and use space;
(4) to the maximum extent practicable, the Federal
Government shall take steps to protect the physical safety of
space objects operated by the United States that do not involve
limitations on the freedoms of nongovernmental entities of the
United States; and
(5) nongovernmental activities in outer space shall only be
authorized and supervised in a transparent, timely, and
predictable manner, with minimal costs and burdens placed on
the entities authorized and supervised.
(c) Purposes.--The purposes of this Act and the amendments made by
this Act are--
(1) to enhance the existing outer space authorization and
supervision framework to provide greater transparency, greater
efficiency, and less administrative 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 Astronauts and
the Return of Space Objects'' means the Agreement on the Rescue
of Astronauts, the Return of Astronauts and the Return of
Objects Launched into Outer Space (signed at Washington,
Moscow, and London on April 22, 1968, ratified by the United
States on December 3, 1968; 19 UST 7570);
(2) the term ``Convention on Registration of Space
Objects'' means the Convention on Registration 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 Astronauts 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 Damage Caused by Space
Objects (signed at Washington, Moscow, and London on March 29,
1972, ratified by the United States on October 9, 1973; 24 UST
2389); and
(5) the term ``Outer Space Treaty'' means the Treaty on
Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and
Other Celestial Bodies (signed at Washington, Moscow, and
London on January 27, 1967, ratified by the United States on
October 10, 1967; 18 UST 2410).
SEC. 3. CERTIFICATION TO OPERATE SPACE OBJECTS.
Title 51, United States Code, is amended by adding at the end the
following:
``Subtitle VIII--Authorization and Supervision of Nongovernmental 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.
``Sec. 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 astronauts and the return
of space objects.--The term `Agreement on the Rescue of
Astronauts and the Return of Space Objects' means the Agreement
on the Rescue of Astronauts, the Return of Astronauts and the
Return of Objects Launched into Outer Space (signed at
Washington, Moscow, and London on April 22, 1968, ratified by
the United States on December 3, 1968; 19 UST 7570).
``(3) Convention on registration of space objects.--The
term `Convention on Registration of Space Objects' means the
Convention on Registration 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 Astronauts and
the Return of Space Objects;
``(C) the Convention on Registration of Space
Objects; and
``(D) the Liability Convention.
``(5) Liability convention.--The term `Liability
Convention' means the Convention on the International Liability
for Damage 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).
``(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 Immigration and Nationality Act (8 U.S.C.
1101(a)).
``(7) Outer space treaty.--The term `Outer Space Treaty'
means the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies (signed at Washington, Moscow,
and London on January 27, 1967, ratified by the United States
on October 10, 1967; 18 UST 2410).
``(8) Secretary.--The term `Secretary' means, except as
otherwise provided in this subtitle, the Secretary of Commerce,
acting through the Office of Space Commerce.
``(9) Space-based remote sensing system.--The term `space-
based remote sensing system' means a space object in Earth
orbit that is--
``(A) designed to image the Earth; or
``(B) capable of imaging a space object in Earth
orbit operated by the Federal Government.
``(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 object' 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 operation
of such object.
``(B) Inclusion.--Such term includes any human-made
object that is--
``(i) manufactured or assembled in outer
space; and
``(ii) intended for operations in outer
space outside of, and independent of, the
operations of such object in which the
manufacturing or assembly occurred.
``(C) Exclusions.--Such term does not include--
``(i) an article on board a space object
that is only intended for use inside the space
object;
``(ii) an article manufactured or processed
in outer space that is a material; or
``(iii) an article intended for use outside
of a space object as part of the certified
operations of the space object.
``(12) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and any other commonwealth, territory, or possession
of the United States.
``(13) United states.--The term `United States' means the
States, collectively.
``(14) United states entity.--The term `United States
entity' means--
``(A) an individual who is a national of the United
States; or
``(B) a nongovernmental entity organized or
existing under, and subject to, the laws of the United
States or a State.
``Sec. 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 2019,
the Secretary shall begin issuing certifications 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 shall, as the Secretary
considers necessary, consult with the heads of other relevant agencies
in carrying out the requirements of this chapter, pursuant to section
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 Enterprise Act of 2019, a United States entity may not
operate a space object unless the entity holds a certification issued
under this chapter for the operation of such object or the entity holds
a valid payload approval for launch or reentry under 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 Secretary 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.
``Sec. 80103. Certification application and requirements
``(a) Application Process.--
``(1) In general.--To be eligible for a certification or
transfer of a certification to operate a space object under
this chapter, a United States entity shall submit an
application to the Secretary as provided in paragraph (2). Such
application shall include, for each required item or
attestation, sufficient evidence to demonstrate each fact or
assertion.
``(2) Contents.--An application described in paragraph (1)
shall include only the following information, with respect to
each space object and the operations proposed to be certified:
``(A) The name, address, and contact information of
one or more nationals of the United States designated
by the applicant as responsible for the operation of
the space object.
``(B) An affirmation, and a document of proof, that
the applicant is a United States entity.
``(C) If available at the time of submission of the
application, the planned date and location of the
launch of the space object, including the identity of
the launch provider.
``(D) The general physical form and composition of
the space object.
``(E) A description of the proposed operations of
the space object that includes--
``(i) when and where the space object will
operate; and
``(ii) when and where the operation of the
space object will terminate.
``(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 liability
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 nuclear
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 accurate.
``(b) Review of Application.--
``(1) Verification of information and attestations.--Not
later than 90 days after receipt of an application under this
section, the Secretary shall verify that--
``(A) the application is complete, including any
required supporting documents;
``(B) the application does not contain any clear
indication of fraud or falsification; and
``(C) the application contains each attestation
required under subsection (a)(3).
``(2) Determination.--Not later than 90 days after receipt
of an application under this section--
``(A) if the Secretary verifies that the applicant
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 pursuant to subsection (c)(1)(A); or
``(B) if the Secretary cannot verify that the
applicant has met the application requirements
described in paragraph (1) or if the Secretary
determines it is necessary to deny the application
pursuant to subsection (c)(1)(B), the Secretary--
``(i) shall issue a denial of the
application signed by the Secretary (a duty
that may not be delegated, including to the
Office of Space Commerce); and
``(ii) shall, not later than 10 days after
the decision to deny the certification--
``(I) provide the applicant with a
written notification containing a
clearly 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 Transportation
of the Senate and the Committee on
Science, Space, and Technology of the
House of Representatives 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 may not allow tolling of the 90-day
period under such paragraph.
``(4) Improper basis for denial.--The Secretary may not
deny an application for a certification under this section in
order to protect an existing certification holder from
competition.
``(5) Subsequent review.--The Secretary may not prejudice a
new application for the proposed operations denied pursuant to
paragraph (2)(B) if such new application contains remedies
addressing the rationale for such denial.
``(c) Compliance With the Outer Space Treaty.--
``(1) In general.--If the Secretary determines, with clear
and convincing evidence, that the proposed operation of a space
object under an application for a certification under this
chapter is a violation 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 proposed
operation covered by the certification only to the
extent necessary to prevent a violation of such
international obligation; or
``(B) if the Secretary determines that there is no
practicable way to condition such certification 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 interpret 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 entities to explore and use space.
``(B) The Federal Government shall interpret 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
nongovernmental entities.
``(D) Guidelines promulgated by the Committee on
Space Research may not be considered international
obligations of the United States.
``(3) Presumptions.--In making a determination under
paragraph (1), the Secretary shall presume, 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 Treaty addressed by such
attestation; and
``(B) reasonably commercially available efforts 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 conditions.--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
section 80105(c) or the removal of a condition pursuant to
subsection (d)).
``(5) Nondelegable.--The responsibilities of the Secretary
under this subsection may not be delegated, including to the
Office of Space Commerce.
``(d) Authority To Remove Conditions.--The Secretary, as determined
appropriate, may remove a condition placed on a certification pursuant
to subsection (c).
``Sec. 80104. Mitigation of space debris
``(a) Plan Submission.--To be eligible for a certification 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 guidelines
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 permanently 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 debris mitigation plan described in subsection (a). Such
certification holder shall, not later than 30 days after completing
implementation of such phase, update the Secretary of the results of
any space debris mitigation efforts.
``Sec. 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 operations;
or
``(2) a catastrophic event has occurred to a certified
space object, such as the unplanned destruction of a space
object.
``(b) Material Change.--The Secretary shall require 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 operations.
``(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 90 days after a determination
that such review is warranted, the Secretary shall complete a similar
such review process for such material change as is required for a
certification applicant under such section.
``Sec. 80106. Certification transfer
``(a) In General.--Subject to subsections (b) and (c), the
Secretary shall provide for the transfer of a certification 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 certification holder shall submit to the
Secretary a request that includes--
``(1) any identifying information regarding the proposed
transferee, including accompanying supporting documents, that
would be required under an initial application under section
80103; and
``(2) each attestation required under section 80103(a)(3),
including accompanying supporting documents, completed by the
proposed transferee.
``(c) Determination.--Not later than 90 days after a certification
holder submits a request under subsection (b), the Secretary shall
complete a similar review process for the request for transfer as
required for a certification applicant under section 80103(b).
``Sec. 80107. Certification expiration and termination
``(a) Certification Expiration.--A certification issued under this
chapter shall expire on the earlier of--
``(1) the date on which all operations approved under such
certification cease, including carrying out a space debris
mitigation plan of any space object approved under such
certification;
``(2) the date on which all space objects approved under
the certification no longer exist; or
``(3) the date that is 5 years after the date on which the
certification was approved, if no operations approved under the
certification have commenced by such date.
``(b) Certification Termination.--
``(1) In general.--The Secretary shall terminate a
certification under this chapter if an applicant 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 subsection shall be
ineligible to apply for or receive a certification under this
chapter.
``(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.
``Sec. 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 approved (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 applicable 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 payload; 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.
``(b) Rescinding or Transfer of Pending License.--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 Commerce and
deemed to be a pending application for certification under this
chapter.
``(c) Effective Date.--This section shall take effect on the date
that is 1 year after the date of enactment of the American Space
Commerce Free Enterprise Act of 2019.
``Sec. 80109. Private Space Activity Advisory Committee
``(a) Establishment.--The Secretary shall establish 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 officials.
``(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 chapter 57 of title 5.
``(3) Qualifications.--Members of the Committee shall
include a variety of space policy, engineering, technical,
science, legal, and finance professionals. Not less than 3
members shall have significant experience working in the
commercial space industry.
``(d) Terms.--Each member of the Committee shall serve for a term
of 4 years and may not serve as a member for the 2-year period
following the date of completion of each such term.
``(e) Duties.--The duties of the Committee shall be to--
``(1) analyze the status and recent developments 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 facilitate and promote a robust
and innovative private 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 supervision of the
operation of space objects under this chapter;
``(B) more generally, with international
obligations of the United States relevant to private
sector activities in outer space;
``(C) with harmful interference to private sector
activities in outer space; and
``(D) with access to adequate, predictable, and
reliable radio frequency spectrum;
``(5) review existing best practices for United States
entities to avoid the harmful contamination of the Moon and
other celestial bodies;
``(6) review existing best practices for United States
entities to avoid adverse changes in the environment of the
Earth resulting from the introduction of extraterrestrial
matter;
``(7) provide information, advice, and recommendations on
matters relating to United States private sector activities in
outer space; and
``(8) provide information, advice, and recommendations on
matters related to the authority of the Secretary under this
chapter or to private sector space activities authorized
pursuant to this chapter that the Committee determines
necessary.
``(f) Annual Report.--The Committee shall submit to Congress, the
President, and the Secretary an annual report that includes the
information, analysis, findings, and recommendations described in
subsection (e).
``(g) Sunset.--The Committee shall terminate on the date that is 10
years after the date on which the Committee is established.
``Sec. 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 another country
that is a party to the Outer Space Treaty.
``(2) Launch or reentry vehicle operations licensed by the
Department of Transportation under chapter 509.
``(3) Space stations licensed by the Federal Communications
Commission under the Communications Act of 1934 (47 U.S.C. 151
et seq.).
``(b) Rule of Construction.--Nothing in this section shall be
construed to exempt any entity from the requirement to obtain a permit
to operate a space-based remote sensing system under chapter 802.
``Sec. 80111. Protecting the interests of United States entity space
objects
``The President shall--
``(1) protect the interests of United States entity
exploration and use of outer space, including commercial
activity and the exploitation of space resources, from acts of
foreign aggression and foreign harmful interference;
``(2) protect ownership rights of United States entity
space objects and obtained space resources; and
``(3) ensure that United States entities operating in outer
space are given due regard.''.
SEC. 4. PERMITTING OF SPACE-BASED REMOTE SENSING SYSTEMS.
(a) Findings.--Congress finds the following:
(1) The commercial market for space-based remote sensing
technologies and information has experienced 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 applications 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 Commercial Remote Sensing has experienced a
significant increase in applications for private remote sensing
space system licenses as authorized under section 60121 of
title 51, United States Code.
(4) Many of the applicants for commercial space-based
remote sensing licenses have encountered significant delays and
unnecessary obstacles in the application process.
(5) The current licensing paradigm must be updated as to
not discourage the continued growth of the United States space-
based remote sensing industry. 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 technologies, 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 Government shall take steps to
protect the national security interests of the United States that do
not involve regulating or limiting the freedoms of United States
nongovernmental entities to explore and use space. Federal Government
agencies shall mitigate any threat to national security posed by the
exploration and use of outer space by United States citizens and
entities, to the maximum extent practicable, changing Federal
Government activities 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.
``Sec. 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 2019
the Secretary is authorized to permit persons to operate space-based
remote sensing systems.
``(b) Consultation.--The Secretary shall, as the Secretary
considers necessary, consult with the heads of other relevant agencies
in carrying out the requirements of this chapter, pursuant to section
80311.
``(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
limited 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 purpose of
the space object; or
``(B) too trivial to require a determination under
section 80202(c) relating to national security.
``(2) Guidance.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall issue
guidance providing a clear explanation 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 permit is required under this
chapter to--
``(1) conduct multiple operations carried out using a
space-based remote sensing system;
``(2) operate multiple space-based remote sensing systems
that carry out substantially similar operations; or
``(3) use multiple space-based remote sensing systems to
carry out a single remote sensing operation.
``(f) Prohibition on Operation.--Not later than 1 year after the
date of enactment of the American Space Commerce Free Enterprise Act of
2019, 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 Sensing 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.
``Sec. 80202. Application for permit
``(a) Application Process.--
``(1) In general.--To receive a permit to operate 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,
sufficient evidence to demonstrate each fact or assertion.
``(2) Contents.--An application described in paragraph (1)
shall include only the following information, with respect to
each space-based remote sensing system and the operations
proposed to be permitted:
``(A) The name, address, and contact information 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 location of the
launch of the applicable space object, including the
identity of the launch provider.
``(C) The general physical form and composition of
the space-based remote sensing system.
``(D) A description of the proposed operations 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
necessary to make a determination under
subsection (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 disposed of in a
manner to mitigate the generation of space debris.
``(F) Information about third-party liability
insurance obtained, if any, by the applicant for
operations of the space-based remote sensing 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 applicant
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 requirements
described in paragraph (1) or if the Secretary makes a
determination to deny the application under subsection
(c)(1)(B), the Secretary--
``(i) shall issue a denial of the
application signed by the Secretary (a duty
that may not be delegated, including to the
Office 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
clearly articulated rationale for the
denial that, to the maximum extent
practicable--
``(aa) provides guidance to
the applicant as to how the
articulated rationale for
denial could be addressed in a
subsequent application; and
``(bb) includes all
classified information included
in such rationale for which the
applicant has the required
security clearance; and
``(II) submit a notification of the
denial to the Committee on Commerce,
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
denial; and
``(bb) in the case of a
denial pursuant to a national
security determination under
subsection (c)--
``(AA) includes an
explanation 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 applicant's
space-based remote
sensing system by
changing Federal
Government activities
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 90-day
period under such paragraph.
``(4) Improper basis for denial.--The Secretary 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 proposed operations denied pursuant to
paragraph (2)(B) if such new application contains remedies
addressing the rationale for such denial.
``(c) Addressing National Security Threat.--
``(1) In general.--If the Secretary determines, with clear
and convincing evidence, that the proposed operation of a
space-based remote sensing system under an application for a
permit under this chapter poses a significant threat to the
national security of the United States as provided in paragraph
(2)--
``(A) the Secretary may condition the proposed
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 security.--For
purposes of a determination under paragraph (1), a significant
threat to the national security of the United States is a
threat--
``(A) that is imminent; and
``(B) that cannot practicably be mitigated through
changes to Federal Government activities 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 operation covered by a
permit pursuant to this subsection, the Secretary shall--
``(A) provide the applicant with a written
notification containing a clearly articulated rationale
for the condition that, to the maximum extent
practicable--
``(i) provides guidance to the applicant as
to how the articulated rationale for condition
could be addressed in a subsequent application;
and
``(ii) includes all classified information
included in such rationale for which the
applicant has the required security clearance;
and
``(B) submit a notification of the condition to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee 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 Federal
Government took steps to mitigate a significant
threat to the national security of the United
States posed by the operation of the
applicant's space-based remote sensing system
by changing Federal Government activities and
operations; and
``(iii) may contain classified information.
``(5) Prohibition on retroactive conditions.--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 delegated, including to the
Office of Space Commerce.
``(d) Limitations on Conditions.--
``(1) Same or similar capability.--No operational 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 condition on a permit for a space-
based remote sensing system that exceeds a condition placed on
an existing permitted system that has the same or substantially
similar capabilities.
``(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
expected to be made available in the next 3 years in the
international or domestic marketplace. The exception in the
previous sentence applies regardless of whether the marketplace
products and services originate from the operation of aircraft,
unmanned aircraft, 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 explanation 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 Commerce, Science,
and Transportation of the Senate 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 exception 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 operations.
``(f) Authority To Remove Conditions.--Nothing in this section
shall be construed to prohibit the Secretary from removing a condition
placed on a permit pursuant to subsection (c).
``Sec. 80203. Continuing permitting requirements
``(a) Notification Requirement.--A permit holder shall, in a timely
manner, notify the Secretary if--
``(1) a permitted space-based remote sensing system has
terminated operations; or
``(2) a catastrophic event has occurred to a space-based
remote sensing system, such as the unplanned destruction of
such system.
``(b) Material Change.--The Secretary shall require permit holders
to inform the Secretary of--
``(1) any material changes to the space-based remote
sensing system or the planned operations of such system prior
to launch; and
``(2) any material anomalies or departures from the planned
operations during the course of operations.
``(c) Update to Permit.--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 80202(b). Not later than 90 days after a determination
that such review is warranted, the Secretary shall complete a similar
such review process for such material change as is required for a
permit applicant under such section.
``Sec. 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 person 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 includes any identifying information regarding the
transferee 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 determination 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 complete 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).
``Sec. 80205. Agency activities
``(a) Utilization of Federal Government Vehicle.--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
satellite or vehicle as a platform for such system. The Secretary,
pursuant to this chapter, may permit such system if it meets all
conditions of this chapter.
``(b) Assistance.--The Secretary may offer assistance to persons in
finding appropriate opportunities for the utilization described in
subsection (a).
``(c) Agreements.--To the extent provided in advance 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.
``Sec. 80206. Annual reports
``(a) In General.--The Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation 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 of 2019, 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 denied,
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 disposition
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 granted by section 80301.
``(b) Classified Annexes.--Each report under subsection (a) may
include classified annexes as necessary to protect the disclosure of
sensitive or classified information.
``Sec. 80207. Advisory Committee on Commercial Remote Sensing
``(a) Establishment.--The Secretary shall establish an Advisory
Committee on Commercial Remote Sensing (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 officials.
``(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 chapter 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 recommendations on
matters relating to the United States commercial space-based
remote sensing industry;
``(2) analyze the effectiveness and efficiency of the
implementation of the space-based remote sensing system
permitting process under this chapter;
``(3) provide recommendations to the Secretary and Congress
on how the United States can facilitate and promote a robust
and innovate private sector 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 remote sensing systems under
this chapter; and
``(5) provide information, advice, and recommendations 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 Director of the Office of Space
Commerce, 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 Committee is established.
``Sec. 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 subchapter III of chapter 601 that is valid on the
effective date of this section may--
``(1) elect to be immediately considered permitted 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 license; 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 License.--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 Commerce and
deemed to be a pending application for a permit under this
chapter.
``(c) Effective Date.--This section shall take effect on the date
that is 1 year after the date of enactment of the American Space
Commerce Free Enterprise Act of 2019.
``Sec. 80209. Commercial Remote Sensing Regulatory Affairs Office
``On the date that is 1 year after the date of enactment of the
American Space Commerce Free Enterprise Act of 2019, the Commercial
Remote Sensing Regulatory Affairs Office of the National Oceanic and
Atmospheric Administration is abolished.''.
SEC. 5. ADMINISTRATIVE PROVISIONS RELATED TO CERTIFICATION AND
PERMITTING.
Title 51, United States Code, is further amended by adding at the
end the following:
``CHAPTER 803--ADMINISTRATIVE PROVISIONS RELATED TO CERTIFICATION AND
PERMITTING
``Sec.
``80301. Administrative authority.
``80302. Consultation.
``80303. Appeal of denial or condition of certification or permit.
``80304. Exclusive authority for determination of international
obligations.
``80305. Limitation on certain agency supervision.
``80306. Commercial exploration and use of outer space.
``80307. Rule of construction on concurrent application submission.
``80308. Federal jurisdiction.
``80309. Global commons.
``80310. Regulatory authority.
``80311. Consultation with relevant agencies.
``80312. Authorization of appropriations.
``Sec. 80301. Administrative authority
``(a) Functions.--In order to carry out the responsibilities
specified in this subtitle, the Secretary may--
``(1) seek an order of injunction or similar judicial
determination from a district court of the United States with
personal jurisdiction over the certification or permit holder
to terminate certifications or permits under this subtitle and
to terminate certified or permitted operations on an immediate
basis, if the Secretary determines that the certification 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 separate 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 copies 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
thereunder; and
``(5) make investigations and inquiries concerning 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 relating to a certification or a
permit under this subtitle.
``(f) Limitation on Exceptions to Administrative 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.
``Sec. 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 investment 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 Secretary issues a
certification under chapter 801, the Secretary shall review the
operations of any space objects covered by the certification to
determine whether the interaction 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 Consultation.--If the Secretary
makes a determination that a substantial risk identified under
subsection (b) exists, the Secretary may require that the certification
holder participate 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), between--
``(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 participation 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 practicable,
voluntary agreements between the parties to the consultation to
improve the physical safety of affected space object operations
or mitigate the physical safety risk.
``(f) Duration of Consultation; Notice.--Not later than 90 days
after the Secretary requires a consultation under this section, the
Secretary shall--
``(1) complete all activities related to the consultation;
and
``(2) submit to Congress a written notification with
respect to such consultation, that includes--
``(A) the names of each party to the consultation;
``(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 section 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.
``Sec. 80303. Appeal of denial or condition of certification or permit
``An applicant who is denied a certification under section
80103(b)(2)(B), an applicant who is denied a permit under section
80202(b)(2)(B), or an applicant whose certification 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 submitted. 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 appeals of the United States for the circuit in which the person
resides or has its principal place of business.
``Sec. 80304. Exclusive authority for determination of international
obligations
``Except for the Secretary as authorized by this subtitle, no
agency may impose a requirement or make a finding 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 mitigation plan of
a space object for which a certification was issued under
chapter 801.
``Sec. 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 respect 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 including additional terms,
conditions, limitations, or requirements, 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 remote sensing system.
``Sec. 80306. Commercial exploration and use of outer space
``To the maximum extent practicable, the President, acting through
appropriate Federal agencies, shall interpret and fulfill international
obligations, including under the covered treaties on outer space, to
minimize regulations and limitations on the freedom of United States
nongovernmental entities to explore and use space.
``Sec. 80307. Rule of construction on concurrent application submission
``Nothing in this subtitle shall be construed to prevent an
applicant from submitting to the Secretary concurrent applications for
a certification under chapter 801 and a permit under chapter 802. The
Secretary shall provide for applications under chapter 801 and chapter
802 to be filed concurrently or at different times, at the discretion
of the applicant. To the maximum extent practicable, the Secretary
shall avoid duplication of information required in concurrently filed
applications.
``Sec. 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.
``Sec. 80309. Global commons
``Notwithstanding any other provision of law, outer space shall not
be considered a global commons.
``Sec. 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 requirements on the operations of United States
nongovernmental entities in outer space.
``Sec. 80311. Consultation with relevant agencies
``(a) In General.--Subject to subsection (b), the Secretary shall,
as the Secretary considers necessary, consult 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 supervise 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.
``Sec. 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
``802. Permitting of Space-Based Remote Sensing 80201
Systems.
``803. Administrative Provisions Related to Certification 80301''.
and Permitting.
(b) Repeals.--
(1) In general.--Title 51, United States Code, is amended
as follows:
(A) Subchapter III of chapter 601 is repealed.
(B) Section 60147 is repealed.
(C) The table of sections for chapter 601 is
amended by striking the item relating to section 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 device 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 Utilization 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 before the
period ``, which shall be located in the principal physical
location of the Office of the Secretary of Commerce'';
(2) in subsection (b), by striking ``a senior executive and
shall be compensated at a level in the Senior 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 period 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, including the risk of on-orbit collisions.''.
SEC. 8. RESTRICTION ON PREVENTING LAUNCHES AND REENTRIES 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 covered 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 consultation with the Private Space Activity
Advisory Committee established under section 80109 of title 51, United
States Code, shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
implementation of the space object registration obligations of the
United States and other countries under Article VIII of the Outer Space
Treaty and the Convention on Registration of Space Objects.
(b) Contents of Report.--The report required under subsection (a)
shall include--
(1) an identification of the practices and procedures among
countries that are members of the Outer Space Treaty and the
Convention on Registration of Space Objects in implementing and
complying with the registration obligations contained in the
treaties;
(2) a description of any existing practices and procedures
of the Federal Government for the registration of
nongovernmental space objects; and
(3) recommendations on how the registration of space
objects in the United States could be improved to benefit the
United States, including enabling United States leadership in
commercial space activities.
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 jurisdiction of the Federal Aviation Administration and
reestablishing the Office under the jurisdiction of the Secretary of
Transportation. Such report shall include--
(1) the identification of key practices for successful
organizational transitions;
(2) the advantages and disadvantages of the removal and
reestablishment with respect to the ability of the Office to
continue to coordinate and communicate with Federal Aviation
Administration on airspace issues; and
(3) the identification of any issues that are preventing
the Office from fully carrying out its statutory mandate, and
if such issues would persist regardless of organizational
location of the Office within the Department of Transportation.
<all>
American Space Commerce Free Enterprise Act of 2019
#3610 | HR Congress #116
Policy Area: Science, Technology, Communications
Subjects: Administrative law and regulatory proceduresAdministrative remediesAdvisory bodiesCongressional oversightDepartment of CommerceExecutive agency funding and structureGovernment studies and investigationsInternational law and treatiesLicensing and registrationsSolid waste and recyclingSpace flight and explorationSpacecraft and satellitesTransportation safety and security
Last Action: Referred to the House Committee on Science, Space, and Technology. (7/2/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text