[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.

                          ____________________