[Congressional Record Volume 164, Number 66 (Tuesday, April 24, 2018)]
[House]
[Pages H3476-H3489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMERICAN SPACE COMMERCE FREE ENTERPRISE ACT
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2809) to amend title 51, United States Code, to provide
for the authorization and supervision of nongovernmental space
activities, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2809
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''.
(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. 11. Radiofrequency mapping 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:
[[Page H3477]]
``(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,
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.--
``(1) In general.--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 80310.
``(2) Exploitation and integration of waveforms.--The
Secretary shall consult with the Secretary of Defense before
issuing a certification or approving a change to an existing
certification if the operations of the space object involve
exploitation and integration of waveforms other than publicly
available or standard public waveforms. The previous sentence
shall not grant authority to the Secretary to regulate such
operations.
``(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, 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.
``(I) Whether the operations will involve exploitation and
integration of waveforms other than publicly available or
standard public waveforms and, if so, information about such
operations as proscribed in advance by regulation by the
Secretary.
``(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
[[Page H3478]]
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
[[Page H3479]]
the date of enactment of the American Space Commerce Free
Enterprise Act.
``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,
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 80310.
``(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, 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
[[Page H3480]]
``(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 Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate 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.--
``(A) In general.--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) Delay of automatic approval.--
``(A) In general.--The President is permitted to extend the
90-day period under paragraph (2) once for each application
for an additional 60 days to further evaluate the national
security implications of the application only if the
President notifies the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate of the
need, with clear and convincing evidence, to extend the
review period. Such notification shall include--
``(i) details on the efforts taken to review the
application during the 90-day period, including staff time,
studies produced, and interim conclusions; and
``(ii) a plan for assuring a final decision within the
additional 60 days.
``(B) Nondelegable.--The responsibilities of the President
under this paragraph may not be delegated
``(5) 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.
``(6) 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, in
consultation with the Secretary of Defense and 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 necessary 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.
``(3) Scope.--With respect to a condition placed on a
permit for a space-based remote sensing system because of a
national security concern, the Secretary may only place such
a condition for the smallest area and for the shortest period
necessary to protect the national security concern at issue.
``(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,
[[Page H3481]]
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, 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
[[Page H3482]]
the date of enactment of the American Space Commerce Free
Enterprise Act.
``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, 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. Limitation on certain agency supervision.
``80305. Commercial exploration and use of outer space.
``80306. Rule of construction on concurrent application submission.
``80307. Federal jurisdiction.
``80308. Global commons.
``80309. Regulatory authority.
``80310. Consultation with relevant agencies.
``80311. 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. 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,
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. 80305. 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. 80306. 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.
[[Page H3483]]
``Sec. 80307. 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. 80308. Global commons
``Notwithstanding any other provision of law, outer space
shall not be considered a global commons.
``Sec. 80309. 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.
``(c) Administrative Procedures Act.--All activities
carried out pursuant to this section shall comply with the
requirements of chapter 5 of title 5.
``Sec. 80310. 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 80304.
``Sec. 80311. Authorization of appropriations
``There are authorized to be appropriated $5,000,000 to the
Office of Space Commerce for each of fiscal years 2018 and
2019 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
Systems..................................................80201 ....
``803. Administrative Provisions Related to Certification and
Permitting.............................................80301''.....
(b) Repeals.--
(1) In general.--Title 51, United States Code, is amended
as follows:
(A) Subchapter III of chapter 601 is 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 Utilizatio51301''.....
(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.
SEC. 11. RADIOFREQUENCY MAPPING REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of Defense and the Director
of National Intelligence, shall complete and submit to the
Advisory Committee on Commercial Remote Sensing a report on
space-based radiofrequency mapping.
(b) Contents.--The report required under subsection (a)
shall include--
(1) whether there is a need to regulate space-based
radiofrequency mapping;
(2) any immitigable impacts of space-based radiofrequency
mapping on national security, U.S. competitiveness and space
leadership, and constitutional freedoms; and
(3) findings, conclusions, and recommendations regarding
the costs and benefits of additional regulatory authority
over space-based radiofrequency mapping; and
(4) an evaluation of--
(A) whether the development of voluntary consensus industry
standards in coordination with the Department of Defense is
more appropriate than issuing regulations with respect to
space-based radiofrequency mapping; and
(B) how existing authorities, regulations, and laws could
be applied in a manner that prevents the need for additional
regulation of such mapping.
(c) Advisory Committee on Commercial Remote Sensing
Review.--Not later than 90 days after the date of receipt of
the report required under subsection (a), the Advisory
Committee on Commercial Remote Sensing 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 the report submitted under
subsection (a) and the opinion of the Advisory Committee with
respect to such report, including any critiques, concerns,
recommendations, and endorsements. Such
[[Page H3484]]
opinion shall be submitted directly from the Chair of the
Advisory Committee to those Committees of Congress without
any review or change by the Administration.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentleman from California (Mr. Bera) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on H.R. 2809, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today, we give space exploration a booster rocket in the
form of H.R. 2809, the bipartisan American Space Commerce Free
Enterprise Act.
The commercial space industry is poised to begin a major new vehicle
for discoveries in space and national economic growth. It represents
hundreds of billions of dollars in investments and the creation of
thousands of jobs across the United States.
For years, there has been uncertainty about which Federal agency has
responsibility for approving nontraditional space activities and
ensuring conformity with the Outer Space Treaty. This uncertainty has
cramped capital formation and innovation and has driven American
companies overseas.
The American Space Commerce Free Enterprise Act remedies this
situation by establishing a new, novel, legal, and policy framework
that unleashes American free enterprise and businesses, assures
conformity with Outer Space Treaty obligations, and guarantees that the
U.S. will lead the world in commercial space activities throughout the
21st century.
H.R. 2809 increases American competitiveness and attracts companies,
talents, and money that would otherwise go to other countries. In
short, the American Space Commerce Free Enterprise Act ensures that
America and its workforce will benefit from the new space economy.
The need for this legislation became evident during the previous
administration when legal uncertainty arose after U.S. space
exploration companies sought payload approval from the Department of
Transportation for its nontraditional space activities. But the DOT
payload approval process is not designed to satisfy the requirements of
complying with the Outer Space Treaty, so the Federal Government has
been unable to assure the private sector that new and innovative space
activities would be approved for launch.
The American Space Commerce Free Enterprise Act uses a commonsense
approach to establish a sound legal foundation upon which U.S. industry
can rely and flourish. It creates a self-certification process for the
nongovernmental space activities that provides regulatory certainty for
the U.S. commercial space sector, it assures U.S. compliance with Outer
Space Treaty obligations, and it addresses national security concerns
in the least burdensome manner.
Existing regulatory authority is currently spread across three
Federal agencies, which has caused the review of commercial remote
sensing applications to grind to a halt. H.R. 2809 consolidates this
authority into one Federal agency, the Secretary of Commerce's Office
of Space Commerce. The result, America gets a one-stop-shop for
authorizing outer space activities.
Without H.R. 2809, America's space industry would continue to face
legal uncertainty. Innovation would be stifled by burdensome and open-
ended regulatory processes.
Other policies and interests of the United States are affected by
private sector space activities, national security, in particular, but
the American Space Commerce Free Enterprise Act improves national
security by including remote sensing reform. By requiring a national
security risk assessment during the remote sensing permitting process,
this bill ensures that national security concerns are addressed.
H.R. 2809 improves the permitting process by creating a single
decision point, increasing transparency, avoiding unnecessary reviews
of technologies that have already been approved, and preventing the
interagency process from indefinitely delaying decisionmaking. These
changes allow our remote sensing industry to continue to lead the
world.
The bill also goes farther than current law in providing for the
physical safety of government assets in orbit. After operations are
certified, the government can conduct an assessment of physical safety
issues that will prevent disastrous collisions and help protect the
safety of government and private assets.
Cosponsors of the American Space Commerce Free Enterprise Act include
Space Subcommittee Chairman Brian Babin and recent Science, Space, and
Technology Committee member and now NASA Administrator, Jim
Bridenstine. Both Chairman Babin and Administrator Bridenstine have
worked diligently to move this legislation forward. And Representatives
Perlmutter, Kilmer, and Soto also helped develop this commonsense,
bipartisan regulatory reform bill. Many thanks to all of them.
This transformative and ground-shaking legislation facilitates
commercial liftoff and declares that America is fully open for business
in space. American innovators, driven by ingenuity, competitive spirit,
and bold vision are the future of space exploration.
Mr. Speaker, I encourage my colleagues to support the American Space
Commerce Free Enterprise Act.
Mr. Speaker, today we give space exploration a booster rocket in the
form of H.R. 2809, the bipartisan American Space Commerce Free
Enterprise Act. The commercial space industry is poised to begin a
major new initiative for discoveries in space and national economic
growth. It represents hundreds of billions of dollars in investments
and the creation of thousands of jobs across the U.S.
For years there has been uncertainty about which federal agency has
responsibility for approving non-traditional space activities and
ensuring conformity with the Outer Space Treaty. This uncertainty has
cramped capital formation and innovation and has driven American
companies overseas.
The Space Commerce Act remedies this situation by establishing a new,
novel legal and policy framework that unleashes American free
enterprise and businesses, assures conformity with Outer Space Treaty
obligations, and guarantees that the U.S. will lead the world in
commercial space activities throughout the 21st century.
H.R. 2809 increases American competitiveness and attracts companies,
talents, and money that would otherwise go to other countries. In
short, the Space Commerce Act ensures that America and its workforce
will benefit from the new space economy.
The need for this legislation became evident during the previous
Administration when legal uncertainty arose after U.S. space
exploration companies sought payload approval from the Department of
Transportation (DOT) for its nontraditional space activities.
But the DOT payload approval process is not designed to satisfy the
requirements of complying with the Outer Space Treaty. So the federal
government has been unable to assure the private sector that new and
innovative space activities would be approved for launch.
The Space Commerce Act uses a common sense approach to establish a
sound legal foundation upon which U.S. industry can rely and flourish.
It creates a self-certification process for non-governmental space
activities that provides regulatory certainty for the U.S. commercial
space sector. And it assures U.S. compliance with Outer Space Treaty
obligations and addresses national security concerns in the least
burdensome manner.
Existing regulatory authority is currently spread across three
federal agencies, which has caused the review of commercial remote
sensing applications to grind to a halt. Space-based remote sensing is
the use of satellites to detect and classify objects on Earth,
including on the surface and in the atmosphere and oceans, based on
electromagnetic radiation. H.R. 2809 consolidates this authority into
one federal agency--the Secretary of Commerce's Office of Space
Commerce. The result: America gets a ``one-stop shop'' for authorizing
outer space activities.
Without H.R. 2809, America's space industry would continue to face
legal uncertainty. Innovation would be stifled by burdensome and open-
ended regulatory processes.
Other policies and interests of the United States are affected by
private sector space activities, national security in particular. But
the Space Commerce Act improves national security by including remote
sensing reform. By requiring a national security risk assessment
[[Page H3485]]
during the remote sensing permitting process, this bill ensures that
national security concerns are addressed.
H.R. 2809 improves the permitting process by creating a single
decision point, increasing transparency, avoiding unnecessary reviews
of technologies that have already been approved, and preventing the
interagency process from indefinitely delaying decision making. These
changes allow our remote sensing industry to continue to lead the
world.
The bill also goes farther than current law in providing for the
physical safety of government assets in orbit. After operations are
certified, the government can conduct an assessment of physical safety
issues that will prevent disastrous collisions and help protect the
safety of government and private assets.
Co-sponsors of the Space Commerce Act include Space Subcommittee
Chairman Brian Babin and recent Science Committee member, and now NASA
Administrator, Jim Bridenstine. Both Chairman Babin and Administrator
Bridenstine have worked diligently to move this legislation forward.
And Representatives Perlmutter, Kilmer, and Soto also helped develop
this common sense, bipartisan regulatory reform bill. Many thanks go to
all of them.
This transformative and ground-shaking legislation facilitates
commercial lift-off and declares that America is fully ``open for
business'' in space.
American innovators, driven by ingenuity, competitive spirit and bold
vision, are the future of space exploration. I encourage my colleagues
to support the American Space Commerce Free Enterprise Act.
Mr. Speaker, I reserve the balance of my time.
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, April 23, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am in receipt of your letter to the
Speaker of April 20, 2018, regarding H.R. 2809, the
``American Space Commerce Free Enterprise Act.'' H.R. 2809
was referred solely to the Committee on Science, Space, and
Technology. The Science Committee ordered H.R. 2809 reported
on June 8, 2017. Your assistance in ensuring its timely
consideration is greatly appreciated.
I agree provisions in the bill are within the jurisdiction
of the Committee on Transportation and Infrastructure. I
acknowledge that by withdrawing your request for a sequential
referral of H.R. 2809, your Committee is not relinquishing
its jurisdiction. A copy of our letters will be placed in the
Congressional Record during floor consideration of this bill.
I value your cooperation and look forward to working with
you as we move ahead with this legislation.
Sincerely,
Lamar Smith,
Chairman.
____
Committee on Transportation and Infrastructure House of
Representatives
Washington, DC, April 24, 2018.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Chairman Smith: I am in receipt of your letter
concerning H.R. 2809, the American Space Commerce Free
Enterprise Act of 2017. Thank you for acknowledging that this
legislation includes matters that fall within the Rule X
jurisdiction of the Committee on Transportation and
Infrastructure.
I recognize and appreciate your desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, the Committee on
Transportation and Infrastructure will forego action on the
bill. However, this is conditional on our mutual
understanding that foregoing consideration of the bill does
not prejudice the Committee with respect to the appointment
of conferees or to any future jurisdictional claim over the
subject matters contained in the bill or similar legislation
that fall within the Committee's Rule X jurisdiction. Lastly,
should a conference on the bill be necessary, I request your
support for the appointment of conferees from the Committee
on Transportation and Infrastructure during any House-Senate
conference convened on this or related legislation.
Thank you for placing a copy of this letter and your
response acknowledging our jurisdictional interest into the
Congressional Record during consideration of the measure on
the House floor, to memorialize our understanding.
I look forward to working with the Committee on Science,
Space, and Technology as the bill moves through the
legislative process.
Sincerely,
Bill Shuster,
Chairman.
Mr. BERA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 2809, the American Space
Commerce Free Enterprise Act of 2017. As the ranking member of the
Subcommittee on Space, I support a robust and successful commercial
space industry, and I look forward to continuing to work with my
colleagues on policies that facilitate our Nation's contained growth
and leadership in space.
The bill before us today, H.R. 2809, would provide a regulatory
framework for U.S. innovative and emerging nongovernmental space
activities.
Commercial space launches, space-based remote sensing, and space
communications are currently authorized under existing frameworks in
the FAA, the Department of Commerce, and the FCC. However, proposed
activities such as commercial operations on the Moon, asteroid mining,
satellite servicing, and privately owned space habitats are not
covered.
The bill establishes a certification process at Commerce for those
emerging commercial space activities and, in so doing, provides
important certainty for commercial companies and investors in these
planned space activities. The bill also makes some updates to the
licensing regime for commercial space-based remote sensing systems.
Further, the bill moves the regulatory oversight of commercial space-
based remote sensing systems to the Office of Space Commerce under the
Secretary of Commerce. The Office of Space Commerce would also have
authority for the certification of nontraditional commercial space
activities.
Mr. Speaker, I have often spoken about the importance of building a
rules-of-the-road framework that does not stifle innovation and
provides guardrails for proper government oversight. No bill is
perfect, but I believe that this bill strikes a fair balance in
achieving the goal of certifying these nontraditional commercial space
activities that don't fit within the current regulatory structure.
That being said, while I support moving the bill forward, there are
several aspects of H.R. 2809 that deserve further discussion, including
ensuring that:
Relevant Federal agencies can weigh in on whether proposed commercial
space activities could affect the physical safety of U.S. Government
space operations, including human space flight operations;
Making sure that relevant government expertise and measures to
perform harmful contamination of planetary surfaces are taken into
account;
Making sure that any remaining national security and intelligence
agency concerns are addressed;
And making sure additional information is provided on how the
consolidated Office of Space Commerce will be properly funded and
staffed so it can carry out the additional responsibilities for
authorizing commercial space activities and commercial space-based
remote sensing under the bill.
I am hopeful that these and other aspects of the bill will be
addressed as the bill proceeds, both in the Senate and in any House-
Senate conference.
Space is an area that should have bipartisan support from Congress.
NASA and the commercial space industry can only benefit when we work
together as Democrats and Republicans. As a result, I support passage
of this bill, and I ask my colleagues to join me in helping to move
this bill out of the House.
Mr. Speaker, I reserve the balance of my time.
{time} 1730
Mr. SMITH of Texas. Mr. Speaker, I thank the gentleman from
California (Mr. Bera), the ranking member of the Space Subcommittee,
for the comments that he just delivered, and also for cosponsoring this
piece of legislation.
Mr. Speaker, I yield 8 minutes to the gentleman from Texas (Mr.
Babin), the chairman of the Space Subcommittee.
Mr. BABIN. Mr. Speaker, I include in the Record an op-ed that I wrote
in January called ``A one-stop-shop for private space exploration.''
[Jan. 22, 2018]
A One-Stop-Shop for Private Space Exploration
(By U.S. Rep. Brian Babin)
In the inaugural meeting of the reconstituted National
Space Council, Vice President Mike Pence called for an
overhaul of how the U.S. regulates commercial space
activities. The potential of a robust economy in space will
``unlock new opportunities, new technologies, and new sources
of prosperity,'' Pence said.
The American Space Commerce Free Enterprise Act (H.R.
2809), recently passed by
[[Page H3486]]
the House Science, Space, and Technology Committee,
accomplishes the vice president's goals. This bill places
authority over private sector space activities in the agency
best equipped to foster economic growth, the Commerce
Department. The bipartisan legislation streamlines regulatory
processes, limits government intrusion, promotes American
innovation and investment, protects national security and
satisfies our Outer Space Treaty obligations.
As chairman of the House Science, Space, and Technology
Committee's space subcommittee, and as a member of the
Transportation and Infrastructure Committee, I have the
unique perspective of overseeing both of these agencies.
Because of this perspective, I believe placing this
responsibility at the Commerce Department is a good long-term
decision for the United States and the space industry.
The Obama administration proposed giving the Federal
Aviation Administration (FAA), housed within the Department
of Transportation (DOT), responsibility for managing a broad
interagency review of all private sector space activity
proposals through an opaque process without defined approval
timelines, regardless of how benign those activities may be.
My committee held numerous hearings on this idea to hear
directly from experts and stakeholders. We found that FAA
accomplishes its current mission--managing launches and re-
entry--very well. However, the agency is challenged to meet
its existing obligations to regulate launch and reentry, and
should not be burdened with the additional responsibility of
authorizing and supervising private activities in space.
Moreover, current law actually prohibits DOT from
regulating activities in space. It only has the ability to
deny a launch if no other agency has licensed the activity.
Congress did not intend or design this authority to create
regulatory authority for on-orbit activities, or
authorization or supervision process for Outer Space Treaty
compliance.
In contrast, the Commerce Department's mission is to
``create the conditions for economic growth and
opportunity,'' and that mission runs deep through the
culture. As the space economy develops, in-space activities
will focus more on commerce, less on transportation
logistics. Mining, habitation modules, and satellite
servicing are only a few of the novel ideas that American
innovators are proposing. These activities are not related to
transportation, and DOT has no experience in this field. The
Commerce Department, however, is familiar with the issues
that future stakeholders will need to consider, including
international trade and technology.
The bill also streamlines the federal space bureaucracy
within the Commerce Department itself. It merges the National
Oceanic and Atmospheric Administration's (NOAA)
responsibilities over space-based remote sensing into the
already-existing Office of Space Commerce within the Commerce
Department. NOAA is itself housed within the Commerce
Department, so having two separate offices handling the same
responsibilities makes no sense.
Reforming this splintered regulatory process minimizes the
burden on other agencies and makes the Commerce Department a
one-stop shop for Outer Space Treaty compliance. Giving DOT
authority, as proposed by the previous administration, would
split the regulatory system, requiring remote-sensing
satellite operators to seek regulatory approval for their
operations from both DOT and the Commerce Department.
Indeed, placing this authority at the Commerce Department
is a continuation of long-standing law and national policy.
Since 1984, Commerce has been the only federal agency with
the legal authority to authorize and supervise space
activities. While the Federal Communications Commission
regulates spectrum and DOT regulates launch and re-entry,
neither has the authority to authorize and supervise space
activities generally to assure compliance with the Outer
Space Treaty.
Some stakeholders have questioned whether the Office of
Space Commerce can handle remote-sensing licensing and
supervising general space activities. The answer is yes. The
Commerce Department already has expertise authorizing and
supervising remote-sensing systems, and the bill's
streamlined review process is more transparent, quicker, and
less burdensome on staff. Importantly, Commerce also has
expertise in balancing national security with commercial
interests, working with American industry internationally and
in regulating space dual-use technologies through the Export
Administration Regulations.
The American Space Commerce Free Enterprise Act declares
that America is open for business in outer space. The only
agency with the long-standing experience and culture to
regulate and foster the budding space economy is the Commerce
Department.
With this innovative legislation, which builds on that
culture of transparency and clarity, we position the American
space industry as a leader in growing a robust and lawful
economy in space.
Mr. BABIN. Mr. Speaker, I rise to speak in favor of H.R. 2809, the
American Space Commerce Free Enterprise Act.
The American Space Commerce Free Enterprise Act is a commonsense
bipartisan bill that streamlines the regulatory processes, limits
burdensome government intrusion, promotes American innovation and
investment, protects national security, and satisfies our international
obligations.
One of the fundamental drivers for this legislation has been that
innovative American companies are pushing the boundaries. And when the
Senate ratified the Outer Space Treaty 50 years ago, free enterprise in
outer space was an idea but was not reality.
Today, not only does U.S. free enterprise exist in outer space, but
it is innovating at an unprecedented pace. From astroid mining to
private Moon missions, to satellite servicing, to remote sensing
constellations, there is great promise that American enterprise will
soon unlock new wealth and scientific benefits.
But this promise is threatened; threatened by expansive, unchecked
regulatory authority, cumbersome non-transparent regulatory processes,
and misperceptions about the United States' Outer Space Treaty
obligations.
For several years, we have heard concerns from stakeholders that they
need greater regulatory certainty to attract investment and to succeed.
Stakeholders also reported that while they want to stay in America, due
to regulatory burdens and uncertainty, they might need to go overseas.
The American Space Commerce Free Enterprise Act addresses these
concerns without compromising our cherished principles of liberty and
freedom.
It provides for presumptions of approval and requires the government
to take affirmative steps before conditioning or denying proposed space
or remote sensing operations.
It places the burden of demonstrating inconsistency with Outer Space
Treaty obligations and national security requirements of the United
States with the government and not the applicant.
It curtails vague, overreaching regulatory authority and prevents
tolling of statutory adjudication timelines. It ensures U.S. industry
receives a timely and transparent determination on applications.
The bill recognizes legitimate national security equities and
provides for the condition or denial of authorized space activities
with remote sensing systems that are a significant threat to U.S.
national security in certain circumstances. But it protects against
abuses of interagency discretion by requiring an explanation and
evidence of the threat before conditions or denial can be made.
In order to ensure the Office of Space Commerce is empowered to
represent the interests of our citizens and the private sector, the
director of the office is elevated to be the new assistant secretary
for Space Commerce.
The act also advances important public policy interests. The bill
establishes a mandatory safety consultation between private and Federal
Government operators. The goal of this consultation is for the affected
parties to reach a voluntary agreement to mitigate safety risks.
For parties subject to U.S. jurisdiction, the act provides for
Federal district court jurisdiction for any civil action resulting from
certified or permitted space operations.
To protect against foreign harmful interference, the act directs the
President to protect against acts of foreign aggression and foreign
harmful interference.
The act also addresses concerns of harmful contamination of the Earth
or celestial bodies. Pursuant to our international obligations under
the Outer Space Treaty, operations may be conditioned or denied by the
Secretary of Commerce, in consultation with appropriate agencies such
as NASA to address harmful contamination.
The bill posits longstanding U.S. policy, confirmed by both
Department of State and NASA, that COSPAR planetary protection
guidelines are not international obligations of the United States. This
was done to allow all stakeholders, including the scientific community
and industry, to work together as activities expand beyond scientific
exploration and to address mutual interests, not by proscribing COSPAR
guidelines as binding international law, but by allowing the Outer
Space Treaty to guide our activities.
I am grateful to have worked with Chairman Smith and Representative
[[Page H3487]]
Bridenstine, recently confirmed as NASA administrator, in the
development of this bill.
I am also very glad that this is a bipartisan bill, with the support
of Representatives Perlmutter and Kilmer and Bera.
I strongly support this bill and urge my colleagues to do the same.
Again, my op-ed is a very, very telltale reason and shows exactly why
this is a great bill to put this under the Department of Commerce and
take it out from under the Department of Transportation. For many
reasons, I hope that this would be a source of debate and where we will
get the reasons for what we are doing with this.
Mr. BERA. Mr. Speaker, I yield 4 minutes to the gentleman from
Colorado (Mr. Perlmutter), my good friend and all-around champion of
human space travel to Mars by 2033.
Mr. PERLMUTTER. Mr. Speaker, I thank the gentleman from California
(Mr. Bera), the ranking member, and Chairmen Smith and Babin.
Mr. Speaker, I rise today as a supporter and cosponsor of H.R. 2809.
The United States has the best aerospace industry in the world. In
order to stay number one, we need to provide certainty to American
industry so it can attract investment and continue innovating to push
our country forward.
We are at a time where we have the opportunity to set the standard of
how to regulate space activities so there is a level playing field for
our American industry.
That is why we need a certification process, as provided in the bill,
to ensure compliance with the Outer Space Treaty. This process will
reduce uncertainty and create a clear path to certification and to the
launch of new spacecraft.
I have heard from stakeholders still discussing where to place this
new authority. This legislation placed that authority in the Office of
Space Commerce. Others have suggested the Office of Space
Transportation at the FAA. I hope this discussion continues and we
reach a consensus as we continue through the legislative process with
the Senate.
The second part of this bill makes important reforms for the remote
sensing industry. Satellite imagery or space images are also known as
the remote sensing industry, and it is changing the way we see the
Earth and enabling businesses of all types to find new opportunities.
A major remote sensing company named DigitalGlobe is headquartered in
my district in Westminster, Colorado. I have heard stories about how
long they have waited for a license determination under NOAA, the
National Oceanic and Atmospheric Agency--over 4 years in one case. This
is well past the 120-day deadline currently required in statute because
of a broken interagency review process and no mechanism to enforce a
timeline.
This is why I believe the reforms in section 4 of the bill are
overdue. Those companies in the remote sensing industry need certainty
so that they can make sound plans and attract investors and customers.
All of these regulatory delays mean lost revenue and significant
expenses as they wait for approval. Section 4 of the bill helps fix
that.
During the markup of this bill last year, we made improvements to the
bill to ensure the Office of Space Commerce has the time needed to get
its decisions right and to strengthen the consultation language to
require the Secretary of Commerce to consult with other relevant
Federal agencies.
Since the markup, I was pleased to see additions to the bill which
ensure the proper balance with the defense community to ensure the
Department of Defense has the proper input into remote sensing
applications.
Mr. Speaker, I want to thank Chairman Smith, Chairman Babin, and now-
NASA Administrator Bridenstine for their work with me on this bill.
I thank Ranking Member Johnson and Ranking Member Bera for raising a
number of important issues which we still have to address as we go
through this process.
I believe the bill before the House today is a good bill, and I look
forward to working with the Senate to pass these reforms into law.
Mr. SMITH of Texas. Mr. Speaker, I thank the gentleman from Colorado
(Mr. Perlmutter) for his enthusiasm about space.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Rohrabacher), who is a very active member of the Science, Space and
Technology Committee and of the Space Subcommittee.
Mr. ROHRABACHER. Mr. Speaker, I rise in support of H.R. 2809.
Mr. Speaker, I want to thank Chairman Smith for the great job that he
has been doing, and also to Subcommittee Chairman Babin and
Subcommittee Ranking Member Bera. This is truly a bipartisan piece of
legislation, and I believe under Chairman Smith's leadership, we have
had a bipartisan committee in the Science, Space and Technology
Committee.
H.R. 2809, the American Space Commerce Free Enterprise Act, clears up
the doubt around commercial space activities. Which agency is
responsible? Who will give me the answers?
It is hard enough to create a new technology and develop new markets
without having to get five different answers about which bureaucrat
needs to sign off on what form. This uncertainty, this confusion, has
forced companies overseas, much in the same way that companies were
forced overseas before the Commercial Space Act of 2004, of which I was
the author.
Now, as then, it is the fault of Congress for not keeping up with the
industry. Now, as then, we choose to enable American cutting-edge space
companies by providing the framework in which they can build, test, and
create. Now, as then, we choose to lead the world, and we are making
this a better world through our space enterprise.
Do you remember when long-distance telephone calls cost a fortune?
Ordinary people could not make phone calls to their loved ones. So in a
way, by bringing down the cost and enhancing the quality of that type
of communication through space-based enterprise, we have expanded the
goodwill of people towards each other and their families throughout the
world.
We have made sure, for example, that with space-based assets, even
farmers know when to plant, thus we have more food production at a
cheaper price, and space-based assets have made America safer.
Mr. Speaker, it has been an honor to work with the gentleman from
Texas (Mr. Smith) on these space-related issues, and I would hope that
we continue to work together in cooperation, showing America's young
people that we believe in the future, and whether it is Republican or
Democrat, we are going to work together to make sure they have that
future they deserve.
Mr. BERA. Mr. Speaker, in closing, I think you have seen the genuine
enthusiasm that Democrats and Republicans and all Americans have about
space. It is in that spirit of national pride and American leadership
that I urge all my colleagues to pass this bill, and, again, to
continue to foster American leadership in space and meet that goal that
my colleague Mr. Perlmutter often talks about, getting to Mars by 2033.
Mr. Speaker, it has been a pleasure working with the chairman of the
full committee and the subcommittee, and I urge my colleagues to
support this bill, and I yield back the balance of my time.
{time} 1745
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I just want to thank, publicly, Majority Leader Kevin
McCarthy for cosponsoring this legislation as well. I encourage my
colleagues to support it, and I appreciate the remarks by the gentleman
from California (Mr. Bera).
I yield back the balance of my time.
Mr. THORNBERRY. Mr. Speaker, I rise in support of H.R. 2809, the
American Space Commerce Free Enterprise Act. I believe that this bill
strikes the right balance between supporting American innovation in
space while addressing the potential national security concerns related
to emerging space-based remote sensing capabilities.
It is not in our interest to overregulate emerging innovative space
companies and drive them overseas to be licensed. We saw this happen
with the synthetic aperture radar market, which fled to Europe in the
1990's, and our domestic market for that technology is still suffering
the consequences.
[[Page H3488]]
But we also cannot allow the physical security and operational
success of our warfighters to be jeopardized by new commercial
technologies. Technologies such as commercial signals intelligence and
space-based radio frequency mapping may contribute to the ability of
our adversaries to more accurately track our forces as they execute
their missions abroad.
We need to acknowledge the risks posed by these emerging technologies
and allow the Department of Defense to have a role in addressing any
national security threat posed by commercial remote sensing, space-
based radio frequency mapping, and commercial signals intelligence.
This bill strikes a good balance in two core principles of American
free enterprise--promoting innovation and protecting our national
security. As it moves through the process, it may be that additional
concerns may rise or be dispelled. The full range of national security
concerns must be taken into account when making certification or
licensing decisions for commercial remote sensing satellites. It is
important that all relevant committees, including the House Armed
Services Committee, be involved at each step to ensure that the
totality of American national interest is promoted.
I would like to particularly thank Chairman Lamar Smith for his
vision and for his patience in working through the variety of issues
related to this legislation. The Congress will miss his leadership and
good nature in the years to come.
=========================== NOTE ===========================
April 24, 2018, on pages H3487-H3488, the following text block
appeared in Ionic typeface: Mr. THORNBERRY. Mr. Speaker, I rise in
support of H.R. 2809, the American Space Commerce Free Enterprise
Act. [. . .]The Congress will miss his leadership and good nature
in the years to come.
The online version has been corrected to have the text block
appear in Helvetica typeface.
========================= END NOTE =========================
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise to speak on
H.R. 2809, the ``American Space Commerce Free Enterprise Act of 2017''.
Before turning to my substantive concerns with the bill, I must note my
disappointment with the process followed by the Majority--a process
that led to the Majority's putting this bill on today's suspension
calendar without any attempt to engage with the Minority to address our
concerns in the ten months since the bill was marked up in the Science
Committee. That is not the way we should be legislating in this House.
However, here we are. I would anticipate that very few Members have
had any opportunity to review this legislation or to examine the issues
it raises. So in my remaining time, I will attempt to identify a few of
the concerns I have with this bill.
First, H.R. 2809 proposes a significant realignment of governmental
space organizations, and a very significant increase in the
responsibilities and authorities to be given the Department of
Commerce's Office of Space Commerce--an office that currently has only
a handful of employees. These would include the authorization and
supervision of nongovernmental space activities. At the same time, the
FAA's Office of Commercial Space Transportation (FAA AST), which has
built up significant expertise and staff over the years in the areas of
licensing commercial space launches and reentries and which has
coordinated authorization of a non-traditional space mission, would
have no significant role in any of the commercial space activities
covered in this bill beyond launch and reentry licenses. As a result,
DoC will have to build a new bureaucracy to carry out its new duties,
and in the process have to duplicate the skills that already reside in
FAA's AST. All of this would be set in motion without a single House
hearing on the proposal or any other substantive review of it.
At the same time that the Department of Commerce is given those
significant new responsibilities, including ensuring compliance with
the Outer Space Treaty, something that has been and is a core
responsibility of the State Department, the bill would significantly
limit DoC's ability to disapprove a certification application as long
as the paperwork is complete, regardless of any non-Outer Space Treaty-
related concerns involving U.S. international obligations that the
application might raise. Again, all of these measures are included in
the bill without any substantive prior congressional review of the
proposals. I could go on and cite other examples, but in the interests
of time I will just note that the bill also would significantly weaken
the enforcement of the international standards and guidelines covering
``planetary protection'', i.e., the prevention of contamination of
scientifically important sites on planetary surfaces or moons that
might accrue from commercial space activities. These standards and
guidelines were largely shaped by NASA through years of engagement in
relevant international bodies, but the bill would replace them with a
largely laissez-faire approach to the problem of potential
contamination by commercial space activities.
Mr. Speaker, I will stop with that example. I could cite concerns
raised by a number of agencies, including NASA, but the reality is that
none of them are going to be resolved by today's House debate on the
suspension bill H.R. 2809. The potential for unintended negative
consequences from provisions that have not been thoroughly vetted
should give all of us pause, as should the pages and pages of comments
from agencies such as NASA that warrant attention before the Congress
finalizes legislation. For example, NASA's has raised a concern about
the bill's ambiguity as to whether its activities will be subject to
the oversight of another federal agency, especially those that involve
the use of commercial services as part of a NASA mission, which could
adversely impact its ability to carry out its challenging initiatives.
In closing, the bill before us attempts to address important issues
that need our attention if we are to appropriately balance the needs of
the emerging commercial space industry and the government's
responsibility to protect the interests of America's citizens and honor
our international obligations. It makes a positive contribution to the
debate on how best to proceed in undertaking future commercial and
governmental space endeavors. However, for the reasons I have already
discussed, I think the bill is only partially successful in that
attempt. In any event, many of these complex issues are not going to be
resolved by a single piece of legislation and will likely require
legislative efforts over multiple Congresses. That said, the bill
before us does represent a useful starting point for discussion and
debate. As a result, I do not intend to oppose this bill moving out of
the House today. Instead, if after this bill leaves the House, the
Senate decides to engage on this legislation or its own legislative
approach, I hope and expect that the issues I have flagged today--along
with others--will receive the bicameral scrutiny that they deserve.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee and a former member of the Science Committee I am in
strong support of H.R. 2809, the ``American Space Commerce Free
Enterprise Act of 2017.''
Mr. Speaker, I want to thank Chairman Smith and Ranking Member Eddie
Bernice Johnson for their work to bring H.R. 2809 before the House for
consideration.
There is historic congressional support for NASA in Congress, and I
am proud to have played a leading role in this effort.
Now that space exploration has attracted strong private sector
investments, space exploration has entered a new era.
I served on the House Science Committee for 12 years; and one of the
goals was to see private sector investments in space exploration.
This legislation grants the Office of Space Commerce (OSC) of the
Department of Commerce the authority to issue certifications to U.S.
nationals and nongovernmental entities for the operation of:
1. specified human-made objects manufactured or assembled in outer
space, including on the Moon and other celestial bodies, with or
without human occupants, that were launched from Earth; and
2. all items carried on such objects that are intended for use in
outer space. To be eligible for certification, each entity's
application must include a space debris mitigation plan for the space
objects.
H.R. 2809 also directs that the Office of Space Commerce (OSC)
establish a Private Space Activity Advisory Committee to:
1. analyze the status and recent developments of nongovernmental
space activities, and
2. advise on matters relating to U.S. private sector activities in
outer space.
The bill authorizes the OSC to issue permits to persons for the
operation of space-based remote sensing systems.
The OSC will also establish an Advisory Committee on Commercial
Remote Sensing to provide advice on matters relating to the U.S.
commercial space-based remote sensing industry.
The bill also abolishes the Commercial Remote Sensing Regulatory
Affairs Office of the National Oceanic and Atmospheric Administration.
It is our job as members of Congress to make sure that NASA continues
to push the boundaries of what is possible, keeping our Nation on the
forefront of innovation and exploration.
However, when the impossible becomes routine, and private sector
interest in the area of space exploration attracts investment and
further innovation in the area of commercialization it is fitting to
support private sector efforts.
We should not forget the role that private and public sector efforts
have made in developing and promoting advancements in aviation from its
earliest beginnings.
The Wright Brothers were private citizens who devoted themselves to
solving the problems associated with human flight.
Their success led others inside and outside of government to pursue
innovations that led to the development of technology that ultimately
led us into space.
[[Page H3489]]
NASA continues to be the world's premier space organization but as
innovation and private interest in space continues we must make room
for private sector interests.
We must provide for safe and responsible space innovations, while
assuring that the United States remains a leader in this area.
H.R. 2809 maintains sustainability of purpose for the government's
support of commercial space activities.
The bill lays the ground work for an expansion in commercial space
activity and emphasizes the importance of maintaining a steady cadence
of science missions that lead the way into deeper exploration of our
planet, solar system and beyond.
This authorization addresses an issue of great importance to a
sustained and healthy space program.
The bill provides a place in the Department of Commerce for remote
sensing commercial space activity.
It is the responsibility of this Congress to ensure that the future
of NASA is one of continued progress and that space exploration remains
a part of our national destiny.
NASA inspires our children to look to the stars and dream of what
they too may achieve one day.
Space exploration allows us to push the bounds of our scientific
knowledge, as we carry out research projects not possible within the
constraints of planet Earth.
I ask my colleagues to join me in voting in favor of H.R. 2809.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Smith) that the House suspend the rules and
pass the bill, H.R. 2089, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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