,i #aafth ,,congress #ast ,session ,h4 ,r4 #cfaj ,,in ,,the ,,house ,,of ,,representatives ,july #b1 #bjai,mr4 ,babin introduced the following bill2 which was referred to the ,committee on ,science1 ,space1 and ,technology ,a ,,bill ,to amend title #ea1 ,united ,states ,code1 to provide for the authorization and supervision of nongovernmental space activities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,space ,commerce ,free ,enterprise ,act of #bjai4 7b7 ,table of ,contents ,the table of contents is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings2 policy2 purposes4 ,sec4 #c4 ,certification to operate space objects4 ,sec4 #d4 ,permitting of space-based remote sensing systems4 ,sec4 #e4 ,administrative provisions related to certification and permitting4 ,sec4 #f4 ,technical and conforming amendments4 ,sec4 #g4 ,office of ,space ,commerce4 ,sec4 #h4 ,restriction on preventing launches and reentries of certified space objects4 ,sec4 #i4 ,report on registration of space objects4 ,sec4 #aj4 ,comptroller ,general report4 #b4 ,findings2 policy2 purposes 7a7 ,findings ,congress finds the following3 7#a7 ,the ,united ,states1 through existing authorization and supervision mechanisms1 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 ,treaty4 7#b7 ,the ,united ,states has a robust and innovative private sector that is investing in1 developing1 and placing into outer space1 spacecraft and payloads4 7#c7 ,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 actors4 7#d7 ,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 activities4 7#e7 ,the private exploration and use of outer space by nongovernmental entities will further the national security1 foreign policy1 and economic interests of the ,united ,states4 7b7 ,policy ,it is the policy of the ,united ,states that-- 7#a7 ,united ,states citizens and entities are free to explore and use space1 including the utilization of outer space and resources contained therein1 without conditions or limitations2 7#b7 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 ,treaty2 7#c7 to the maximum extent practicable1 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 space2 7#d7 to the maximum extent practicable1 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 ,states2 and 7#e7 nongovernmental activities in outer space shall only be authorized and supervised in a transparent1 timely1 and predictable manner1 with minimal costs and burdens placed on the entities authorized and supervised4 7c7 ,purposes ,the purposes of this ,act and the amendments made by this ,act are-- 7#a7 to enhance the existing outer space authorization and supervision framework to provide greater transparency1 greater efficiency1 and less administrative burden for nongovernmental entities of the ,united ,states seeking to conduct space activities2 and 7#b7 to ensure that the ,united ,states remains the world leader in commercial space activities4 7d7 ,definitions ,in this ,act-- 7#a7 the term ,agreement on the ,rescue of ,astronauts and the ,return of ,space ,objects means the ,agreement on the ,rescue of ,astronauts1 the ,return of ,astronauts and the ,return of ,objects ,launched into ,outer ,space 7signed at ,washington1 ,moscow1 and ,london on ,april #bb1 #aifh1 ratified by the ,united ,states on ,december #c1 #aifh2 #ai ,,ust #gegj72 7#b7 the term ,convention on ,registration of ,space ,objects means the ,convention on ,registration of ,objects ,launched into ,outer ,space 7signed at ,new ,york on ,january #ad1 #aige1 ratified by the ,united ,states on ,september #ae1 #aigf2 #bh ,,ust #fie72 7#c7 the term covered treaties on outer space means-- 7,a7 the ,outer ,space ,treaty2 7,b7 the ,agreement on the ,rescue of ,astronauts and the ,return of ,space ,objects2 7,c7 the ,convention on ,registration of ,space ,objects2 and 7,d7 the ,liability ,convention2 7#d7 the term ,liability ,convention means the ,convention on the ,international ,liability for ,damage ,caused by ,space ,objects 7signed at ,washington1 ,moscow1 and ,london on ,march #bi1 #aigb1 ratified by the ,united ,states on ,october #i1 #aigc2 #bd ,,ust #bchi72 and 7#e7 the term ,outer ,space ,treaty means the ,treaty on ,principles ,governing the ,activities of ,states in the ,exploration and ,use of ,outer ,space1 including the ,moon and ,other ,celestial ,bodies 7signed at ,washington1 ,moscow1 and ,london on ,january #bg1 #aifg1 ratified by the ,united ,states on ,october #aj1 #aifg2 #ah ,,ust #bdaj74 #c4 ,certification to operate space objects ,title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 ,,viii ,authorization and ,supervision of ,nongovernmental ,space ,activities #hja ,certification ,to ,operate ,space ,objects ,sec4 #hjaja4 ,definitions4 #hjajb4 ,certification authority4 #hjajc4 ,certification application and requirements4 #hjajd4 ,mitigation of space debris4 #hjaje4 ,continuing certification requirements4 #hjajf4 ,certification transfer4 #hjajg4 ,certification expiration and termination4 #hjajh4 ,existing license or pending application for launch or reentry4 #hjaji4 ,private ,space ,activity ,advisory ,committee4 #hjaaj4 ,exemptions4 #hjaaa4 ,protecting the interests of ,united ,states entity space objects4 #hjaja4 ,definitions ,in this subtitle3 7#a7 ,agency ,the term agency has the meaning given the term ,executive agency in section #aje of title #e4 7#b7 ,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 ,astronauts1 the ,return of ,astronauts and the ,return of ,objects ,launched into ,outer ,space 7signed at ,washington1 ,moscow1 and ,london on ,april #bb1 #aifh1 ratified by the ,united ,states on ,december #c1 #aifh2 #ai ,,ust #gegj74 7#c7 ,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 7signed at ,new ,york on ,january #ad1 #aige1 ratified by the ,united ,states on ,september #ae1 #aigf2 #bh ,,ust #fie74 7#d7 ,covered treaties on outer space ,the term covered treaties on outer space means-- 7,a7 the ,outer ,space ,treaty2 7,b7 the ,agreement on the ,rescue of ,astronauts and the ,return of ,space ,objects2 7,c7 the ,convention on ,registration of ,space ,objects2 and 7,d7 the ,liability ,convention4 7#e7 ,liability ,convention ,the term ,liability ,convention means the ,convention on the ,international ,liability for ,damage ,caused by ,space ,objects 7signed at ,washington1 ,moscow1 and ,london on ,march #bi1 #aigb1 ratified by the ,united ,states on ,october #i1 #aigc2 #bd ,,ust #bchi74 7#f7 ,national of the ,united ,states ,the term national of the ,united ,states has the meaning given such term in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#g7 ,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 ,space1 including the ,moon and ,other ,celestial ,bodies 7signed at ,washington1 ,moscow1 and ,london on ,january #bg1 #aifg1 ratified by the ,united ,states on ,october #aj1 #aifg2 #ah ,,ust #bdaj74 7#h7 ,secretary ,the term ,secretary means1 except as otherwise provided in this subtitle1 the ,secretary of ,commerce1 acting through the ,office of ,space ,commerce4 7#i7 ,space-based remote sensing system ,the term space-based remote sensing system means a space object in ,earth orbit that is-- 7,a7 designed to image the ,earth2 or 7,b7 capable of imaging a space object in ,earth orbit operated by the ,federal ,government4 7#aj7 ,space ,debris ,mitigation ,the term space debris mitigation means efforts to-- 7,a7 prevent on-orbit break-ups2 7,b7 remove spacecraft that have reached the end of their mission operation from useful densely populated orbit regions2 and 7,c7 limit the amount of debris released during normal operations of a space object4 7#aa7 ,space object 7,a7 ,in general ,the term space object means-- 7i7 a human-made object located in outer space1 including on the ,moon and other celestial bodies1 with or without human occupants1 that was launched from ,earth1 such as a satellite or a spacecraft1 including component parts of the object2 and 7ii7 all items carried on such object that are intended for use in outer space outside of1 and independent of1 the operation of such object4 7,b7 ,inclusion ,such term includes any human-made object that is-- 7i7 manufactured or assembled in outer space2 and 7ii7 intended for operations in outer space outside of1 and independent of1 the operations of such object in which the manufacturing or assembly occurred4 7,c7 ,exclusions ,such term does not include-- 7i7 an article on board a space object that is only intended for use inside the space object2 7ii7 an article manufactured or processed in outer space that is a material2 or 7iii7 an article intended for use outside of a space object as part of the certified operations of the space object4 7#ab7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other commonwealth1 territory1 or possession of the ,united ,states4 7#ac7 ,united ,states ,the term ,united ,states means the ,states1 collectively4 7#ad7 ,united ,states entity ,the term ,united ,states entity means-- 7,a7 an individual who is a national of the ,united ,states2 or 7,b7 a nongovernmental entity organized or existing under1 and subject to1 the laws of the ,united ,states or a ,state4 #hjajb4 ,certification authority 7a7 ,in general ,not later than #a year after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai1 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 chapter4 7b7 ,consultation ,the ,secretary shall1 as the ,secretary considers necessary1 consult with the heads of other relevant agencies in carrying out the requirements of this chapter1 pursuant to section #hjcaa4 7c7 ,certification required for operation ,beginning on the date that is #a year after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai1 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 #ejijd as part of a license issued under chapter #eji1 and that satisfies the requirements of section #hjajh7;a74 7d7 ,foreign entities prohibited ,the ,secretary may not issue a certification under this chapter to any person who is not a ,united ,states entity4 7e7 ,coverage of certification ,the ,secretary shall1 to the maximum extent practicable1 require only #a certification under this chapter for a ,united ,states entity to-- 7#a7 conduct multiple operations carried out using a single space object2 7#b7 operate multiple space objects that carry out substantially similar operations2 or 7#c7 use multiple space objects to carry out a single space operation4 #hjajc4 ,certification application and requirements 7a7 ,application process 7#a7 ,in general ,to be eligible for a certification or transfer of a certification to operate a space object under this chapter1 a ,united ,states entity shall submit an application to the ,secretary as provided in paragraph 7#b74 ,such application shall include1 for each required item or attestation1 sufficient evidence to demonstrate each fact or assertion4 7#b7 ,contents ,an application described in paragraph 7#a7 shall include only the following information1 with respect to each space object and the operations proposed to be certified3 7,a7 ,the name1 address1 and contact information of one or more nationals of the ,united ,states designated by the applicant as responsible for the operation of the space object4 7,b7 ,an affirmation1 and a document of proof1 that the applicant is a ,united ,states entity4 7,c7 ,if available at the time of submission of the application1 the planned date and location of the launch of the space object1 including the identity of the launch provider4 7,d7 ,the general physical form and composition of the space object4 7,e7 ,a description of the proposed operations of the space object that includes-- 7i7 when and where the space object will operate2 and 7ii7 when and where the operation of the space object will terminate4 7,f7 ,a description of how the space object will be operated and disposed of in a manner to mitigate the generation of space debris4 7,g7 ,information about third-party liability insurance obtained1 if any1 by the applicant for operations of the space object1 including the amount and coverage of such liability insurance4 7,h7 ,whether the space object will include a space-based remote sensing system4 7#c7 ,attestations ,an application described in paragraph 7#a7 shall contain an attestation by the applicant of each the following3 7,a7 ,the space object is not a nuclear weapon or a weapon of mass destruction4 7,b7 ,the space object will not carry a nuclear weapon or weapon of mass destruction4 7,c7 ,the space object will not be operated or used for testing of any weapon on a celestial body4 7,d7 ,all information in the application and supporting documents is true1 complete1 and accurate4 7b7 ,review of application 7#a7 ,verification of information and attestations ,not later than #ij days after receipt of an application under this section1 the ,secretary shall verify that-- 7,a7 the application is complete1 including any required supporting documents2 7,b7 the application does not contain any clear indication of fraud or falsification2 and 7,c7 the application contains each attestation required under subsection 7a77#c74 7#b7 ,determination ,not later than #ij days after receipt of an application under this section-- 7,a7 if the ,secretary verifies that the applicant has met the application requirements described in paragraph 7#a71 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 7c77#a77;,a72 or 7,b7 if the ,secretary cannot verify that the applicant has met the application requirements described in paragraph 7#a7 or if the ,secretary determines it is necessary to deny the application pursuant to subsection 7c77#a77;,b71 the ,secretary-- 7i7 shall issue a denial of the application signed by the ,secretary 7a duty that may not be delegated1 including to the ,office of ,space ,commerce72 and 7ii7 shall1 not later than #aj days after the decision to deny the certification-- 7,i7 provide the applicant with a written notification containing a clearly articulated rationale for the denial that provides1 to the maximum extent practicable1 guidance to the applicant as to how such rationale for denial could be addressed in a subsequent application2 and 7,,ii7 notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives of such rationale4 7#c7 ,automatic approval ,if the ,secretary has not approved or denied the application before the deadline under paragraph 7#b71 the certification shall be approved without condition4 ,the ,secretary may not allow tolling of the #ij-;day period under such paragraph4 7#d7 ,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 competition4 7#e7 ,subsequent review ,the ,secretary may not prejudice a new application for the proposed operations denied pursuant to paragraph 7#b77;,b7 if such new application contains remedies addressing the rationale for such denial4 7c7 ,compliance with the ,outer ,space ,treaty 7#a7 ,in general ,if the ,secretary determines1 with clear and convincing evidence1 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-- 7,a7 the ,secretary may condition the proposed operation covered by the certification only to the extent necessary to prevent a violation of such international obligation2 or 7,b7 if the ,secretary determines that there is no practicable way to condition such certification to prevent such a violation1 the ,secretary may deny the application4 7#b7 ,limitation for determinations ,a determination under paragraph 7#a7 shall be limited as follows3 7,a7 ,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 space4 7,b7 ,the ,federal ,government shall interpret and fulfill its international obligations under the ,outer ,space ,treaty in a manner that promotes free enterprise in outer space4 7,c7 ,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 entities4 7,d7 ,guidelines promulgated by the ,committee on ,space ,research may not be considered international obligations of the ,united ,states4 7#c7 ,presumptions ,in making a determination under paragraph 7#a71 the ,secretary shall presume1 absent clear and convincing evidence to the contrary1 that-- 7,a7 any attestation made by an applicant pursuant to subsection 7a77#c7 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 attestation2 and 7,b7 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 ,treaty4 7#d7 ,prohibition on retroactive conditions ,no other modifications may be made1 or additional conditions placed1 on a certification after the date on which the certification is issued 7except to account for a material change as provided in section #hjaje7;c7 or the removal of a condition pursuant to subsection 7d774 7#e7 ,nondelegable ,the responsibilities of the ,secretary under this subsection may not be delegated1 including to the ,office of ,space ,commerce4 7d7 ,authority ,to remove conditions ,the ,secretary1 as determined appropriate1 may remove a condition placed on a certification pursuant to subsection 7c74 #hjajd4 ,mitigation of space debris 7a7 ,plan submission ,to be eligible for a certification under this chapter1 each application shall include a space debris mitigation plan for the space object4 ,such plan-- 7#a7 shall take into account best practice guidelines promulgated by the ,united ,states and the ,interagency ,debris ,coordinating ,committee2 and 7#b7 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 operations4 7b7 ,implementation ,to the maximum extent practicable1 a holder of a certification under this chapter shall notify the ,secretary not later than #cj days before beginning to implement the disposal phase of a space debris mitigation plan described in subsection 7a74 ,such certification holder shall1 not later than #cj days after completing implementation of such phase1 update the ,secretary of the results of any space debris mitigation efforts4 #hjaje4 ,continuing certification requirements 7a7 ,notification requirement ,a certification holder shall1 in a timely manner1 notify the ,secretary if-- 7#a7 a certified space object has terminated operations2 or 7#b7 a catastrophic event has occurred to a certified space object1 such as the unplanned destruction of a space object4 7b7 ,material change ,the ,secretary shall require certification holders to inform the ,secretary of-- 7#a7 any material changes to the space object or the planned operations of the space object prior to launch2 and 7#b7 any material anomalies or departures from the planned operations during the course of operations4 7c7 ,update to certification ,not later than #ad days after the date of receipt of information regarding a material change pursuant to subsection 7b71 the ,secretary shall make a determination of whether such material change is substantial enough to warrant additional review under section #hjajc7;b74 ,not later than #ij days after a determination that such review is warranted1 the ,secretary shall complete a similar such review process for such material change as is required for a certification applicant under such section4 #hjajf4 ,certification transfer 7a7 ,in general ,subject to subsections 7b7 and 7c71 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 certification4 7b7 ,transfer request requirements ,to be eligible for a transfer under subsection 7a71 the certification holder shall submit to the ,secretary a request that includes-- 7#a7 any identifying information regarding the proposed transferee1 including accompanying supporting documents1 that would be required under an initial application under section #hjajc2 and 7#b7 each attestation required under section #hjajc7;a77#c71 including accompanying supporting documents1 completed by the proposed transferee4 7c7 ,determination ,not later than #ij days after a certification holder submits a request under subsection 7b71 the ,secretary shall complete a similar review process for the request for transfer as required for a certification applicant under section #hjajc7;b74 #hjajg4 ,certification expiration and termination 7a7 ,certification expiration ,a certification issued under this chapter shall expire on the earlier of-- 7#a7 the date on which all operations approved under such certification cease1 including carrying out a space debris mitigation plan of any space object approved under such certification2 7#b7 the date on which all space objects approved under the certification no longer exist2 or 7#c7 the date that is #e years after the date on which the certification was approved1 if no operations approved under the certification have commenced by such date4 7b7 ,certification termination 7#a7 ,in general ,the ,secretary shall terminate a certification under this chapter if an applicant or certification holder is convicted of a violation of section #ajja of title #ah related to the certification process under this chapter4 7#b7 ,eligibility ,a certification holder whose certification is terminated under this subsection shall be ineligible to apply for or receive a certification under this chapter4 7#c7 ,space debris mitigation plan ,upon termination of a certification under paragraph 7#a71 the ,secretary may require the certification holder to carry out the space debris mitigation plan submitted by the certification holder under section #hjajd4 #hjajh4 ,existing license or pending application for launch or reentry 7a7 ,continuation of existing license ,any ,united ,states entity for whom a payload has been approved 7and not subject to an exemption under section #hjaaj7 on or before the effective date of this section for launch or reentry under section #ejijd as part of a license issued under chapter #eji may-- 7#a7 elect to be immediately considered certified for operation under this chapter on such effective date1 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 #eji shall apply for the duration of the operation of the payload2 or 7#b7 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 issued4 7b7 ,rescinding or transfer of pending license ,a payload of a ,united ,states entity that1 on the effective date of this section1 is pending approval under section #ejijd as part of a launch or reentry license issued under chapter #eji may be1 at the election of the applicant for payload approval-- 7#a7 rescinded without prejudice2 or 7#b7 transferred to the ,office of ,space ,commerce and deemed to be a pending application for certification under this chapter4 7c7 ,effective date ,this section shall take effect on the date that is #a year after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai4 #hjaji4 ,private ,space ,activity ,advisory ,committee 7a7 ,establishment ,the ,secretary shall establish a ,private ,space ,activity ,advisory ,committee 7in this section referred to as the ,committee7 consisting of #ae members who shall be appointed by the ,secretary4 7b7 ,chair ,the ,committee shall designate one member as the chair of the ,committee4 7c7 ,membership 7#a7 ,limitation ,members of the ,committee may not be ,federal ,government employees or officials4 7#b7 ,travel expenses ,members of the ,committee shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with the applicable provisions under subchapter ,i of chapter #eg of title #e4 7#c7 ,qualifications ,members of the ,committee shall include a variety of space policy1 engineering1 technical1 science1 legal1 and finance professionals4 ,not less than #c members shall have significant experience working in the commercial space industry4 7d7 ,terms ,each member of the ,committee shall serve for a term of #d years and may not serve as a member for the #b-year period following the date of completion of each such term4 7e7 ,duties ,the duties of the ,committee shall be to-- 7#a7 analyze the status and recent developments of nongovernmental space activities2 7#b7 analyze the effectiveness and efficiency of the implementation of the certification process under this chapter2 7#c7 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 in1 developing1 and operating space objects2 7#d7 identify any challenges the ,united ,states private sector is experiencing-- 7,a7 with the authorization and supervision of the operation of space objects under this chapter2 7,b7 more generally1 with international obligations of the ,united ,states relevant to private sector activities in outer space2 7,c7 with harmful interference to private sector activities in outer space2 and 7,d7 with access to adequate1 predictable1 and reliable radio frequency spectrum2 7#e7 review existing best practices for ,united ,states entities to avoid the harmful contamination of the ,moon and other celestial bodies2 7#f7 review existing best practices for ,united ,states entities to avoid adverse changes in the environment of the ,earth resulting from the introduction of extraterrestrial matter2 7#g7 provide information1 advice1 and recommendations on matters relating to ,united ,states private sector activities in outer space2 and 7#h7 provide information1 advice1 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 necessary4 7f7 ,annual report ,the ,committee shall submit to ,congress1 the ,president1 and the ,secretary an annual report that includes the information1 analysis1 findings1 and recommendations described in subsection 7e74 7g7 ,sunset ,the ,committee shall terminate on the date that is #aj years after the date on which the ,committee is established4 #hjaaj4 ,exemptions 7a7 ,in general ,a certification is not required under this chapter for any of the following operations3 7#a7 ,space object activities authorized by another country that is a party to the ,outer ,space ,treaty4 7#b7 ,launch or reentry vehicle operations licensed by the ,department of ,transportation under chapter #eji4 7#c7 ,space stations licensed by the ,federal ,communications ,commission under the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq474 7b7 ,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 #hjb4 #hjaaa4 ,protecting the interests of ,united ,states entity space objects ,the ,president shall-- 7#a7 protect the interests of ,united ,states entity exploration and use of outer space1 including commercial activity and the exploitation of space resources1 from acts of foreign aggression and foreign harmful interference2 7#b7 protect ownership rights of ,united ,states entity space objects and obtained space resources2 and 7#c7 ensure that ,united ,states entities operating in outer space are given due regard4 4 #d4 ,permitting of space-based remote sensing systems 7a7 ,findings ,congress finds the following3 7#a7 ,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 #aiib4 7#b7 ,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 growth4 7#c7 ,since the passage of the ,land ,remote ,sensing ,policy ,act of #aiib1 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 #fjaba of title #ea1 ,united ,states ,code4 7#d7 ,many of the applicants for commercial space-based remote sensing licenses have encountered significant delays and unnecessary obstacles in the application process4 7#e7 ,the current licensing paradigm must be updated as to not discourage the continued growth of the ,united ,states space-based remote sensing industry4 ,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 ,states4 7#f7 ,in order to protect ,united ,states leadership and commercial viability in remote sensing technologies1 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 #c years in the international or domestic marketplace4 7b7 ,policy ,it is the policy of the ,united ,states that1 to the maximum extent practicable1 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 space4 ,federal ,government agencies shall mitigate any threat to national security posed by the exploration and use of outer space by ,united ,states citizens and entities1 to the maximum extent practicable1 changing ,federal ,government activities and operations4 7c7 ,amendment ,title #ea1 ,united ,states ,code1 is further amended by adding at the end the following3 #hjb ,permitting of ,space-,based ,remote ,sensing ,systems ,sec4 #hjbja4 ,permitting authority4 #hjbjb4 ,application for permit4 #hjbjc4 ,continuing permitting requirements4 #hjbjd4 ,permit transfer4 #hjbje4 ,agency activities4 #hjbjf4 ,annual reports4 #hjbjg4 ,advisory ,committee on ,commercial ,remote ,sensing4 #hjbjh4 ,continuation of existing license or pending application4 #hjbji4 ,commercial ,remote ,sensing ,regulatory ,affairs ,office4 #hjbja4 ,permitting authority 7a7 ,in general ,not later than #a year after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai the ,secretary is authorized to permit persons to operate space-based remote sensing systems4 7b7 ,consultation ,the ,secretary shall1 as the ,secretary considers necessary1 consult with the heads of other relevant agencies in carrying out the requirements of this chapter1 pursuant to section #hjcaa4 7c7 ,limitation with respect to system used for other purposes ,in the case of a space object that is used for remote sensing and other purposes1 the authority of the ,secretary under this chapter shall be limited to the remote sensing operations of such space object4 7d7 ,de minimis exception 7#a7 ,waiver ,the ,secretary may waive the requirement for a permit for a space-based remote sensing system that the ,secretary determines is-- 7,a7 ancillary to the primary design purpose of the space object2 or 7,b7 too trivial to require a determination under section #hjbjb7;c7 relating to national security4 7#b7 ,guidance ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall issue guidance providing a clear explanation of the criteria used by the ,secretary to grant a de minimis waiver under paragraph 7#a77;,b7 for a space-based remote sensing system that is too trivial to require a determination under section #hjbjb7;c74 7e7 ,coverage of permit ,the ,secretary shall1 to the maximum extent practicable1 ensure that only one permit is required under this chapter to-- 7#a7 conduct multiple operations carried out using a space-based remote sensing system2 7#b7 operate multiple space-based remote sensing systems that carry out substantially similar operations2 or 7#c7 use multiple space-based remote sensing systems to carry out a single remote sensing operation4 7f7 ,prohibition on operation ,not later than #a year after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai1 no person may1 directly or through any subsidiary or affiliate1 operate any space-based remote sensing system without a permit issued under this chapter4 7g7 ,responsible party ,in any case in which the applicant for a permit under this chapter is not a ,united ,states entity1 the applicant shall identify a ,united ,states entity that consents to be responsible for the permitted operation of the space-based remote sensing system4 7h7 ,operation of space-,based remote sensing system ,for purposes of this chapter1 the operation of a space-based remote sensing system-- 7#a7 begins when the system-- 7,a7 is located in outer space2 and 7,b7 can meet the minimum threshold and objective capabilities for the system's stated need2 and 7#b7 shall not cover the acts of distribution1 sale1 or transfer of data1 information1 or services to persons1 foreign or domestic1 including any such acts taken pursuant to an agreement with such persons4 #hjbjb4 ,application for permit 7a7 ,application process 7#a7 ,in general ,to receive a permit to operate a space-based remote sensing system under this chapter1 a person shall submit an application to the ,secretary as provided in paragraph 7#b74 ,such application shall include1 for each required item1 sufficient evidence to demonstrate each fact or assertion4 7#b7 ,contents ,an application described in paragraph 7#a7 shall include only the following information1 with respect to each space-based remote sensing system and the operations proposed to be permitted3 7,a7 ,the name1 address1 and contact information of one or more ,united ,states entity identified by the applicant1 pursuant to section #hjbja7;g71 as responsible for the operation of the space-based remote sensing system4 7,b7 ,if available at the time of submission of the application1 the planned date and location of the launch of the applicable space object1 including the identity of the launch provider4 7,c7 ,the general physical form and composition of the space-based remote sensing system4 7,d7 ,a description of the proposed operations of the space-based remote sensing system that includes-- 7i7 when and where the space-based remote sensing system will operate2 7ii7 when and where the operation of the space-based remote sensing system will terminate2 and 7iii7 any additional information necessary to make a determination under subsection 7c7 regarding a significant threat to national security1 as prescribed in advance in regulation by the ,secretary4 7,e7 ,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 debris4 7,f7 ,information about third-party liability insurance obtained1 if any1 by the applicant for operations of the space-based remote sensing system1 including the amount and coverage of such liability insurance4 7b7 ,review of application 7#a7 ,verifications ,not later than #ij days after receipt of an application under this section1 the ,secretary shall verify that-- 7,a7 the application is complete pursuant to subsection 7a72 and 7,b7 the application does not contain any clear indication of fraud or falsification4 7#b7 ,determination ,not later than #ij days after receipt of an application under this section-- 7,a7 if the ,secretary verifies that the applicant has met the application requirements described in paragraph 7#a71 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 7c77#a77;,a72 or 7,b7 if the ,secretary cannot verify that the applicant has met the application requirements described in paragraph 7#a7 or if the ,secretary makes a determination to deny the application under subsection 7c77#a77;,b71 the ,secretary-- 7i7 shall issue a denial of the application signed by the ,secretary 7a duty that may not be delegated1 including to the ,office of ,space ,commerce72 and 7ii7 shall1 not later than #aj days after the decision to deny the application-- 7,i7 provide the applicant with a written notification containing a clearly articulated rationale for the denial that1 to the maximum extent practicable-- 7aa7 provides guidance to the applicant as to how the articulated rationale for denial could be addressed in a subsequent application2 and 7bb7 includes all classified information included in such rationale for which the applicant has the required security clearance2 and 7,,ii7 submit a notification of the denial to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives that-- 7aa7 contains the clearly articulated rationale for the denial2 and 7bb7 in the case of a denial pursuant to a national security determination under subsection 7c7-- 7,,aa7 includes an explanation of how1 and clear and convincing evidence that1 to the maximum extent practicable1 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 operations2 and 7,,bb7 may contain classified information4 7#c7 ,automatic approval ,if the ,secretary has not approved or denied the application before the deadline under paragraph 7#b71 the application shall be approved without condition4 ,the ,secretary may not allow tolling of the #ij-;day period under such paragraph4 7#d7 ,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 competition4 7#e7 ,subsequent review ,the ,secretary may not prejudice a new application for the proposed operations denied pursuant to paragraph 7#b77;,b7 if such new application contains remedies addressing the rationale for such denial4 7c7 ,addressing national security threat 7#a7 ,in general ,if the ,secretary determines1 with clear and convincing evidence1 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 7#b7-- 7,a7 the ,secretary may condition the proposed operation covered by the permit only to the extent necessary to address such threat2 or 7,b7 if the ,secretary determines that there is no practicable way to condition such permit to address such threat1 the ,secretary may deny the application4 7#b7 ,significant threat to national security ,for purposes of a determination under paragraph 7#a71 a significant threat to the national security of the ,united ,states is a threat-- 7,a7 that is imminent2 and 7,b7 that cannot practicably be mitigated through changes to ,federal ,government activities or operations4 7#c7 ,reasonably commercially available efforts ,to the maximum extent practicable1 the ,secretary shall only place a condition on a permit that is achievable using reasonably commercially available efforts4 7#d7 ,notification ,not later than #aj days after the decision to condition the proposed operation covered by a permit pursuant to this subsection1 the ,secretary shall-- 7,a7 provide the applicant with a written notification containing a clearly articulated rationale for the condition that1 to the maximum extent practicable-- 7i7 provides guidance to the applicant as to how the articulated rationale for condition could be addressed in a subsequent application2 and 7ii7 includes all classified information included in such rationale for which the applicant has the required security clearance2 and 7,b7 submit a notification of the condition to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives that-- 7i7 contains the clearly articulated rationale for the condition2 7ii7 includes an explanation of how1 and clear and convincing evidence that1 to the maximum extent practicable1 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 operations2 and 7iii7 may contain classified information4 7#e7 ,prohibition on retroactive conditions ,no other modifications may be made1 or additional conditions placed1 on a permit after the date on which the permit is issued except to account for a material change as provided in section #hjbjc7;c74 7#f7 ,nondelegable ,the responsibilities of the ,secretary under this subsection may not be delegated1 including to the ,office of ,space ,commerce4 7d7 ,limitations on conditions 7#a7 ,same or similar capability ,no operational condition under subsection 7c7 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 condition4 7#b7 ,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 capabilities4 7e7 ,commercially available capability 7#a7 ,exception ,the ,secretary may not deny an application for1 or place a condition on1 a permit for the operation of a space-based remote sensing system for which the same or substantially similar capabilities1 derived data1 products1 or services are already commercially available or reasonably expected to be made available in the next #c years in the international or domestic marketplace4 ,the exception in the previous sentence applies regardless of whether the marketplace products and services originate from the operation of aircraft1 unmanned aircraft1 or other platforms or technical means or are assimilated from a variety of data sources4 7#b7 ,clear and convincing evidence ,each denial of an application for1 and each condition placed on1 a permit for the operation of a space-based remote sensing system1 shall include an explanation of1 and clear and convincing evidence that1 the exception under paragraph 7#a7 does not apply with respect to the proposed permitted operations of such system4 7#c7 ,database ,the ,president shall-- 7,a7 maintain a database of commercially available capabilities described in paragraph 7#a72 7,b7 update such database not less than once every #c months2 and 7,c7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report containing the contents of the database upon each update required under subparagraph 7,b74 7#d7 ,applicant submissions ,an applicant for1 or holder of1 a permit for the operation of a space-based remote sensing system may submit to the ,secretary evidence of1 or information regarding1 a commercially available capability described in paragraph 7#a7 for consideration for inclusion in the database4 7#e7 ,nonapplication of condition ,in any case in which the ,secretary determines that the exception under paragraph 7#a7 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 7c71 such condition shall no longer apply with respect to such permitted operations4 7f7 ,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 7c74 #hjbjc4 ,continuing permitting requirements 7a7 ,notification requirement ,a permit holder shall1 in a timely manner1 notify the ,secretary if-- 7#a7 a permitted space-based remote sensing system has terminated operations2 or 7#b7 a catastrophic event has occurred to a space-based remote sensing system1 such as the unplanned destruction of such system4 7b7 ,material change ,the ,secretary shall require permit holders to inform the ,secretary of-- 7#a7 any material changes to the space-based remote sensing system or the planned operations of such system prior to launch2 and 7#b7 any material anomalies or departures from the planned operations during the course of operations4 7c7 ,update to permit ,not later than #ad days after the date of receipt of information regarding a material change pursuant to subsection 7b71 the ,secretary shall make a determination of whether such material change is substantial enough to warrant additional review under section #hjbjb7;b74 ,not later than #ij days after a determination that such review is warranted1 the ,secretary shall complete a similar such review process for such material change as is required for a permit applicant under such section4 #hjbjd4 ,permit transfer 7a7 ,in general ,subject to subsections 7b7 and 7c71 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 permit4 7b7 ,transfer request requirements ,to be eligible for a transfer under subsection 7a71 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 #hjbjb4 7c7 ,determination ,not later than #ad days after the date on which the ,secretary receives a transfer request pursuant to subsection 7b71 the ,secretary shall make a determination of whether such material change is substantial enough to warrant additional review under section #hjbjb7;b74 ,not later than #ij days after a determination that such review is warranted1 the ,secretary shall complete a similar such review process for such transferee as is required for a permit applicant under such section4 7d7 ,material change ,any transfer of a permit under this chapter constitutes a material change under section #hjbjc7;b74 #hjbje4 ,agency activities 7a7 ,utilization of ,federal ,government vehicle ,a person may apply for a permit to operate a space-based remote sensing system that utilizes1 on a space-available basis1 a civilian ,federal ,government satellite or vehicle as a platform for such system4 ,the ,secretary1 pursuant to this chapter1 may permit such system if it meets all conditions of this chapter4 7b7 ,assistance ,the ,secretary may offer assistance to persons in finding appropriate opportunities for the utilization described in subsection 7a74 7c7 ,agreements ,to the extent provided in advance by appropriation ,acts1 an agency may enter into an agreement for the utilization described in subsection 7a7 if such agreement is consistent with the agency's mission and statutory authority1 and if the space-based remote sensing system is issued a permit by the ,secretary under this chapter before commencing operation4 #hjbjf4 ,annual reports 7a7 ,in general ,the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives not later than #ahj days after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai1 and annually thereafter1 on-- 7#a7 the ,secretary's implementation of this chapter1 including-- 7,a7 a list of all applications received in the previous calendar year2 7,b7 a list of all applications that resulted in a permit2 7,c7 a list of all applications denied and an explanation of why each application was denied1 including any information relevant to the adjudication process of a request for a permit2 7,d7 a list of all applications that required additional information2 and 7,e7 a list of all applications whose disposition exceeded the #ij-;day deadline1 the total days overdue for each application that exceeded such deadline1 and an explanation for the delay2 and 7#b7 a description of all actions taken by the ,secretary under the administrative authority granted by section #hjcja4 7b7 ,classified annexes ,each report under subsection 7a7 may include classified annexes as necessary to protect the disclosure of sensitive or classified information4 #hjbjg4 ,advisory ,committee on ,commercial ,remote ,sensing 7a7 ,establishment ,the ,secretary shall establish an ,advisory ,committee on ,commercial ,remote ,sensing 7in this section referred to as the ,committee7 consisting of #ae members who shall be appointed by the ,secretary4 7b7 ,chair ,the ,committee shall designate one member as the chair of the ,committee4 7c7 ,membership 7#a7 ,limitation ,members of the ,committee may not be ,federal ,government employees or officials4 7#b7 ,travel expenses ,members of the ,committee shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with the applicable provisions under subchapter ,i of chapter #eg of title #e4 7d7 ,terms ,each member of the ,committee shall serve for a term of #d years and may not serve as a member for the #b-year period following the date of completion of each such term4 7e7 ,duties ,the duties of the ,committee shall be to-- 7#a7 provide information1 advice1 and recommendations on matters relating to the ,united ,states commercial space-based remote sensing industry2 7#b7 analyze the effectiveness and efficiency of the implementation of the space-based remote sensing system permitting process under this chapter2 7#c7 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 in1 developing1 and operating space-based remote sensing systems2 7#d7 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 chapter2 and 7#e7 provide information1 advice1 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 necessary4 7f7 ,annual report ,the ,committee shall submit to ,congress1 the ,president1 the ,secretary1 and the ,director of the ,office of ,space ,commerce1 an annual report that includes the information1 analysis1 findings1 and recommendations described in subsection 7e74 7g7 ,sunset ,the ,committee shall terminate on the date that is #aj years after the date on which the ,committee is established4 #hjbjh4 ,continuation of existing license or pending application 7a7 ,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 #fja that is valid on the effective date of this section may-- 7#a7 elect to be immediately considered permitted for operation under this chapter1 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 license2 or 7#b7 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 issued4 7b7 ,rescind or transfer of pending license ,an applicant with an application for a remote sensing license under subchapter ,,iii of chapter #fja that is pending on the effective date of this section may be1 at the election of the applicant-- 7#a7 rescinded without prejudice2 or 7#b7 transferred to the ,office of ,space ,commerce and deemed to be a pending application for a permit under this chapter4 7c7 ,effective date ,this section shall take effect on the date that is #a year after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai4 #hjbji4 ,commercial ,remote ,sensing ,regulatory ,affairs ,office ,on the date that is #a year after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai1 the ,commercial ,remote ,sensing ,regulatory ,affairs ,office of the ,national ,oceanic and ,atmospheric ,administration is abolished4 4 #e4 ,administrative provisions related to certification and permitting ,title #ea1 ,united ,states ,code1 is further amended by adding at the end the following3 #hjc ,administrative ,provisions ,related to ,certification and ,permitting ,sec4 #hjcja4 ,administrative authority4 #hjcjb4 ,consultation4 #hjcjc4 ,appeal of denial or condition of certification or permit4 #hjcjd4 ,exclusive authority for determination of international obligations4 #hjcje4 ,limitation on certain agency supervision4 #hjcjf4 ,commercial exploration and use of outer space4 #hjcjg4 ,rule of construction on concurrent application submission4 #hjcjh4 ,federal jurisdiction4 #hjcji4 ,global commons4 #hjcaj4 ,regulatory authority4 #hjcaa4 ,consultation with relevant agencies4 #hjcab4 ,authorization of appropriations4 #hjcja4 ,administrative authority 7a7 ,functions ,in order to carry out the responsibilities specified in this subtitle1 the ,secretary may-- 7#a7 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 basis1 if the ,secretary determines that the certification or permit holder has substantially failed to comply with any provisions of this subtitle1 or with any terms of a certification or permit2 7#b7 provide for civil penalties not to exceed #aj1jjj 7each day of operation constituting a separate violation7 and not to exceed #ejj1jjj in total1 for-- 7,a7 noncompliance with the certification or permitting requirements or regulations issued under this subtitle2 or 7,b7 the operation of a space object or space-based remote sensing system without the applicable certification or permit issued under this subtitle2 7#c7 compromise1 modify1 or remit any such civil penalty2 7#d7 seize any object1 record1 or report1 or copies of materials1 documents1 or records1 pursuant to a warrant from a magistrate based on a showing of probable cause to believe that such object1 record1 or report was used1 is being used1 or is likely to be used in violation of this subtitle or the requirements of a certification or permit or regulation issued thereunder2 and 7#e7 make investigations and inquiries concerning any matter relating to the enforcement of this subtitle4 7b7 ,review of agency action ,any holder of1 or applicant for1 a certification or a permit who makes a timely request for review of an adverse action pursuant to paragraph 7#b7 or 7#d7 of subsection 7a7 shall be entitled to adjudication by the ,secretary on the record after an opportunity for any agency hearing with respect to such adverse action4 ,any final action by the ,secretary under this subsection shall be subject to judicial review under chapter #g of title #e1 as provided in section #hjcjc of this chapter4 7c7 ,no cost for certification or permit ,the ,secretary may not impose a fee or other cost on a holder of1 or applicant for-- 7#a7 a certification under chapter #hja2 or 7#b7 a permit under chapter #hjb4 7d7 ,no authority ,to set conditions ,the ,secretary may not impose a substantive condition on1 or any other requirement for1 the issuance of a certification or permit except as specifically provided in this subtitle4 7e7 ,,foia exemption ,paragraph 7#c7 of section #eeb7;b7 of title #e shall apply with respect to any filing relating to a certification or a permit under this subtitle4 7f7 ,limitation on exceptions to administrative procedures ,the exceptions under section #eec7;a77#a71 section #eec7;b77,b71 or section #eed7;a77#d7 of title #e shall not apply with respect to a certification or permit under this subtitle4 #hjcjb4 ,consultation 7a7 ,sense of ,congress ,it is the sense of the ,congress that-- 7#a7 the ,united ,states ,government has assets in ,earth orbit critical to national security1 scientific research1 economic growth1 and exploration2 7#b7 such assets represent a considerable investment of ,united ,states taxpayers2 and 7#c7 it is in the national interest of the ,united ,states to facilitate opportunities to provide for the protection of such assets4 7b7 ,review ,not later than #cj days after the ,secretary issues a certification under chapter #hja1 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 party4 7c7 ,requirement ,to participate in consultation ,if the ,secretary makes a determination that a substantial risk identified under subsection 7b7 exists1 the ,secretary may require that the certification holder participate in a consultation under this section4 7d7 ,parties to a consultation 7#a7 ,in general ,a consultation under this section may be held1 with respect to a substantial safety risk identified under subsection 7b71 between-- 7,a7 a certification holder responsible for the certified space object operations2 and 7,b7 any entity of the ,federal ,government operating a potentially affected space object4 7#b7 ,participation ,the ,secretary may not impose any requirement on a party pursuant to participation in the consultation4 7e7 ,mitigation of safety risk ,in carrying out a consultation1 the ,secretary shall-- 7#a7 facilitate a discussion among the parties to the consultation2 7#b7 encourage a mutual understanding of the safety risk2 and 7#c7 encourage1 to the maximum extent practicable1 voluntary agreements between the parties to the consultation to improve the physical safety of affected space object operations or mitigate the physical safety risk4 7f7 ,duration of consultation2 notice ,not later than #ij days after the ,secretary requires a consultation under this section1 the ,secretary shall-- 7#a7 complete all activities related to the consultation2 and 7#b7 submit to ,congress a written notification with respect to such consultation1 that includes-- 7,a7 the names of each party to the consultation2 7,b7 a description of the physical safety risk at issue2 7,c7 whether any voluntary agreement was made by the parties2 and 7,d7 the content of any such agreement4 7g7 ,rule of construction ,nothing in this section shall be construed to grant any additional authority to the ,secretary to regulate1 or place conditions on1 any activity for which a certification or permit is required under this subtitle4 #hjcjc4 ,appeal of denial or condition of certification or permit ,an applicant who is denied a certification under section #hjajc7;b77#b77;,b71 an applicant who is denied a permit under section #hjbjb7;b77#b77;,b71 or an applicant whose certification or permit is conditioned pursuant to section #hjajc7;c7 or section #hjbjb7;c71 respectively1 may appeal the denial or placement of a condition to the ,secretary4 ,the ,secretary shall affirm or reverse the denial or placement of a condition after providing the applicant notice and an opportunity to be heard4 ,the ,secretary shall dispose of the appeal not later than #fj days after the appeal is submitted4 ,if the ,secretary denies the appeal1 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 business4 #hjcjd4 ,exclusive authority for determination of international obligations ,except for the ,secretary as authorized by this subtitle1 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-- 7#a7 the operation of a space object certified under chapter #hja2 and 7#b7 the carrying out of a space debris mitigation plan of a space object for which a certification was issued under chapter #hja4 #hjcje4 ,limitation on certain agency supervision 7a7 ,in general ,not later than #a year after the date of enactment of the ,american ,space ,commerce ,free ,enterprise ,act of #bjai1 no other agency shall have the authority to authorize1 place conditions on1 or supervise the operation of space objects required to be certified under chapter #hja or space-based remote sensing systems required to be permitted under chapter #hjb except-- 7#a7 the ,department of ,transportation with respect to launch or reentry vehicle operations licensed under chapter #eji2 and 7#b7 the ,federal ,communications ,commission with respect to space stations licensed under the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq474 7b7 ,agreement limitations ,nothing in this section shall be construed to prevent an agency from including additional terms1 conditions1 limitations1 or requirements1 consistent with applicable provisions of law1 beyond those required in this subtitle in a contract or other agreement with-- 7#a7 the holder of a certification under chapter #hja for the operation of the applicable space object2 or 7#b7 the holder of a permit under chapter #hjb for the operation of the applicable space-based remote sensing system4 #hjcjf4 ,commercial exploration and use of outer space ,to the maximum extent practicable1 the ,president1 acting through appropriate ,federal agencies1 shall interpret and fulfill international obligations1 including under the covered treaties on outer space1 to minimize regulations and limitations on the freedom of ,united ,states nongovernmental entities to explore and use space4 #hjcjg4 ,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 #hja and a permit under chapter #hjb4 ,the ,secretary shall provide for applications under chapter #hja and chapter #hjb to be filed concurrently or at different times1 at the discretion of the applicant4 ,to the maximum extent practicable1 the ,secretary shall avoid duplication of information required in concurrently filed applications4 #hjcjh4 ,federal jurisdiction ,the district courts shall have original jurisdiction1 exclusive of the courts of the ,states1 of any civil action resulting from the operation of a space object for which a certification or permit is required under this subtitle4 #hjcji4 ,global commons ,notwithstanding any other provision of law1 outer space shall not be considered a global commons4 #hjcaj4 ,regulatory authority 7a7 ,in general ,the ,secretary shall issue such regulations as are necessary to carry out this subtitle4 7b7 ,reducing regulatory burden ,in issuing regulations to carry out this subtitle1 the ,secretary shall avoid1 to the maximum extent practicable1 the placement of inconsistent1 duplicative1 or otherwise burdensome requirements on the operations of ,united ,states nongovernmental entities in outer space4 #hjcaa4 ,consultation with relevant agencies 7a7 ,in general ,subject to subsection 7b71 the ,secretary shall1 as the ,secretary considers necessary1 consult with the heads of other relevant agencies in carrying out this subtitle4 7b7 ,exclusive authority of the ,secretary ,the consultation authority provided by subsection 7a7 shall not be interpreted to alter the exclusive authority of the ,secretary to authorize1 place conditions on1 and supervise the operation of space objects under chapter #hja and space-based remote sensing systems under chapter #hjb1 as provided in and subject to the limitations of section #hjcje4 #hjcab4 ,authorization of appropriations ,there are authorized to be appropriated #e1jjj1jjj to the ,office of ,space ,commerce for fiscal year #bjbj to carry out this subtitle4 4 #f4 ,technical and conforming amendments 7a7 ,table of chapters ,the table of chapters of title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 ,subtitle ,,viii--,authorization and ,supervision of ,nongovernmental ,space ,activities #hja4;,certification to ,operate ,space ,objects#hjaja #hjb4,permitting of ,space-,based ,remote ,sensing ,systems#hjbja #hjc4;,administrative ,provisions ,related to ,certification and ,permitting#hjcja 4 7b7 ,repeals 7#a7 ,in general ,title #ea1 ,united ,states ,code1 is amended as follows3 7,a7 ,subchapter ,,iii of chapter #fja is repealed4 7,b7 ,section #fjadg is repealed4 7,c7 ,the table of sections for chapter #fja is amended by striking the item relating to section #fjadg4 7,d7 ,the table of sections for chapter #fja is amended by striking the items relating to subchapter ,,iii4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 7c7 ,technical corrections 7#a7 ,in general ,title #ea1 ,united ,states ,code1 is amended-- 7,a7 in section #bjcjb7;c77#b71 by striking means has the meaning and inserting has the meaning2 7,b7 in section #ejgjb7;c77#e71 by striking ,space-,based ,position and inserting ,space-,based ,positioning2 and 7,c7 in section #gaajb7a71 by striking tracking device and inserting tracking device to4 7#b7 ,chapter #eac ,the table of chapters of title #ea1 ,united ,states ,code1 is amended by striking the item related to chapter #eac and inserting the following3 #eac4,space ,resource ,commercial ,exploration and ,utilization#eacja 4 7#c7 ,chapter #gja ,the table of chapters of title #ea1 ,united ,states ,code1 is amended by striking the item related to chapter #gja and inserting the following3 #gja4,use of ,space ,launch ,system or ,alternatives#gjaja 4 #g4 ,office of ,space ,commerce ,section #ejgjb of title #ea1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end before the period 1 which shall be located in the principal physical location of the ,office of the ,secretary of ,commerce2 7#b7 in subsection 7b71 by striking a senior executive and shall be compensated at a level in the ,senior ,executive ,service under section #echb of title #e as determined by the ,secretary of ,commerce and inserting appointed by the ,president and confirmed by the ,senate4 ,the ,director shall be the ,assistant ,secretary of ,commerce for ,space ,commerce and shall report directly to the ,secretary of ,commerce2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#f7 to authorize and supervise the operations of ,united ,states nongovernmental entities in outer space1 pursuant to chapter #hja of this title2 7#g7 to authorize and supervise the operations of space-based remote sensing systems pursuant to chapter #hjb of this title2 and 7#h7 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 objects1 including the risk of on-orbit collisions4 4 #h4 ,restriction on preventing launches and reentries of certified space objects ,section #ejijd7;c7 of title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 ,no launch or reentry may be prevented under this authority on the basis of national security1 foreign policy1 or international obligations of the ,united ,states1 including under the covered treaties on outer space 7as defined in section #hjaja7 if the payload has received a certification to operate as a space object under chapter #hja44 #i4 ,report on registration of space objects 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce1 acting through the ,office of ,space ,commerce and in consultation with the ,private ,space ,activity ,advisory ,committee established under section #hjaji of title #ea1 ,united ,states ,code1 shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 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 ,objects4 7b7 ,contents of report ,the report required under subsection 7a7 shall include-- 7#a7 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 treaties2 7#b7 a description of any existing practices and procedures of the ,federal ,government for the registration of nongovernmental space objects2 and 7#c7 recommendations on how the registration of space objects in the ,united ,states could be improved to benefit the ,united ,states1 including enabling ,united ,states leadership in commercial space activities4 #aj4 ,comptroller ,general report ,not later than #ahj days after the date of enactment of this ,act1 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 ,transportation4 ,such report shall include-- 7#a7 the identification of key practices for successful organizational transitions2 7#b7 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 issues2 and 7#c7 the identification of any issues that are preventing the ,office from fully carrying out its statutory mandate1 and if such issues would persist regardless of organizational location of the ,office within the ,department of ,transportation4