HR6131-118

1. Short title; table of contents This Act may be cited as the Commercial Space Act of 2023. The table of contents for this Act is as follows:

2. Findings; policy; purposes; definitions Congress finds the following: 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 pertaining to nongovernmental entities under the Outer Space Treaty. The United States has a robust and innovative private sector that is investing in, developing, and placing into outer space, spacecraft and payloads. Authorization and supervision mechanisms for nongovernmental activities in outer space that exist as of the date of the enactment of this Act could be improved to relieve administrative burdens on nongovernmental space entities. It serves the national interest to address misperceptions of legal uncertainty through the establishment of a general authorization and supervision certification for outer space activities carried on by nongovernmental entities. The exploration and use of outer space by nongovernmental entities will further the national security, foreign policy, and economic interests of the United States. It is the policy of the United States that— United States citizens and entities are free to explore and use outer space, including through the utilization of outer space and resources contained therein; to the maximum extent practicable, the Federal Government shall interpret and fulfill United States international obligations in a manner that minimizes regulations and limitations on the freedom of United States nongovernmental entities to explore and use outer space; to the maximum extent practicable, the Federal Government shall take steps to protect the physical safety of space objects operated by the Federal Government that do not involve limitations on the freedoms of nongovernmental entities of the United States; and nongovernmental activities in outer space shall only be authorized and supervised in manner that is transparent, timely, and predictable, and that places minimal costs and burdens on the authorized and supervised nongovernmental entities. The purposes of this Act and the amendments made by this Act are— to enhance the existing outer space authorization and supervision framework of the Federal Government to increase transparency and efficiency, and to reduce the administrative burden for nongovernmental entities of the United States seeking to conduct space activities; and to ensure that the United States remains the world leader in commercial space activities. In this Act— 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). 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). the term covered treaties on outer space means the following: The Outer Space Treaty. The Agreement on the Rescue of Astronauts and the Return of Space Objects. The Convention on Registration of Space Objects. The 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). 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).

3. Certification to operate space objects Title 51, United States Code, is amended by adding at the end the following: In this subtitle: The term agency has the meaning given the term Executive agency in section 105 of title 5. 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). 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). The term covered treaties on outer space means the following: The Outer Space Treaty. The Agreement on the Rescue of Astronauts and the Return of Space Objects. The Convention on Registration of Space Objects. The 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). 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)). 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). The term Secretary means, except as otherwise provided in this subtitle, the Secretary of Commerce, acting through the Office of Space Commerce. The term space debris mitigation means efforts to— prevent on-orbit break-ups; remove space objects that have reached the end of their mission operation from useful, densely-populated orbit regions; or limit the amount of debris released during normal operations of a space object. The term space object means— 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 payload or a spacecraft, including component parts of such object; or any item carried on such object that is intended for use in outer space outside of, and independent of, the operation of such carrying object. Such term also means any human-made object that is— manufactured or assembled in outer space; and intended for operations in outer space outside of, and independent of, the operations of such object in which the manufacturing or assembly occurred. Such term does not include— an article on board a space object that is only intended for use inside the space object; an article manufactured or processed in outer space that is a material; or an article intended for use outside of a space object as part of the certified operations of the space object. 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. The term United States means the States, collectively. The term United States entity means— an individual who is a national of the United States; or a nongovernmental entity organized or existing under, and subject to, the laws of the United States or a State. Not later than one year after the date of the enactment of the Commercial Space Act of 2023, the Secretary shall begin issuing certifications for the operation of a space object to any United States entity that submits an application for such a certification in satisfaction of the requirements of this chapter. The Secretary may, as the Secretary considers necessary, consult with the heads of other relevant agencies in carrying out the requirements of this chapter, pursuant to section 80210. Beginning on the date that is one year after the date of the enactment of the Commercial Space Act of 2023, 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 space object; or holds a valid covered license, as defined in section 80109(c), and such covered license satisfies the requirements of section 80109. The Secretary may not issue a certification under this chapter to any entity that is not a United States entity. The Secretary shall, to the maximum extent practicable, require only one certification under this chapter for a United States entity to— conduct multiple operations carried out using a single space object; operate multiple space objects that carry out substantially similar operations; or use multiple space objects to carry out a single space operation. To be eligible for a certification to operate a space object or a 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 paragraphs (2) and (3). Such application shall include, for each required item in paragraph (2), sufficient evidence to demonstrate each fact or assertion. 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: 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. An affirmation, and a document of proof, that the applicant is a United States entity. If available at the time of submission of the application, the planned date and location of the launch of the space object, and the identity of the launch provider. The general physical form and composition of the space object. A description of the proposed operations of the space object that includes the following: When and where the space object will operate. When and where operation of the space object will terminate. A space debris mitigation plan describing how the space object will be operated and disposed of in a manner to mitigate the generation of space debris. Information regarding third-party liability insurance obtained, if any, by the applicant for operation of the space object, including the amount and coverage of such liability insurance. An application described in paragraph (1) shall contain an attestation by the applicant of each the following: The space object is not a nuclear weapon or a weapon of mass destruction. The space object will not carry a nuclear weapon or weapon of mass destruction. The space object will not be operated as a weapon or used for testing of any weapon on a celestial body. All information in the application and supporting documents is true, complete, and accurate. Not later than 60 days after receipt of an application under this section, the Secretary shall verify the following: The application contains all information required under subsection (a)(2), including any required supporting documents. The application contains each attestation required under subsection (a)(3). The application does not contain any clear indication of fraud or falsification. Not later than 60 days after receipt of an application under this section— if the Secretary verifies that the applicant has met the application requirements as 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 in accordance with subsection (c)(1)(A); or if the Secretary cannot verify that the applicant has met the application requirements as described in paragraph (1), or if the Secretary determines it is necessary to deny the application pursuant to subsection (c)(1)(B), the Secretary— 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 shall, not later than 10 days after the decision to deny the application— 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 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. If the Secretary finds, at any point during review of the application, that it will likely condition operations pursuant to paragraph (2)(A), or that denial of the application is likely under paragraph (2)(B), the Secretary shall provide the applicant with written notification that states such finding and a clearly articulated rationale for the finding that provides, to the maximum extent practicable, guidance to the applicant as to how such rationale could be addressed in a response to the notification. Not later than 10 days after receipt of written notification in subparagraph (A), the applicant may elect to submit a response to the notification that may contain additional information to clarify or remedy any issue identified in the notification. If the applicant submits a response to the notification described in subparagraph (B), the Secretary shall review such response and issue a determination pursuant to paragraph (2) either 20 days after receipt of such response, or after the expiration of the remainder of the 60-day period set forth in this subsection, whichever is later. The Secretary may not issue more than one notification under this paragraph for each application. The Secretary may not allow tolling of the 60-day period set forth in this subsection, except as specified in paragraph (3). If the Secretary has not approved or denied the application before the deadline specified in paragraph (2), or, if applicable, the deadline as extended in accordance with paragraph (3), the Secretary shall issue a certification without condition. If the Secretary denies an application pursuant to paragraph (2)(C), the Secretary may not prejudice a subsequent application for the same proposed operations if such subsequent application contains remedies to address the rationale for the previous denial. If the Secretary determines, based upon 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— the Secretary may issue a certification with conditions on the proposed operations only to the extent necessary to prevent a violation of such international obligation; or if the Secretary determines there is no practicable way to condition the proposed operations to prevent such a violation, the Secretary may deny the application. A determination under paragraph (1) shall be limited as follows: 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. 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. The Federal Government may not presume all obligations of the United States under the Outer Space Treaty are obligations to be imputed upon United States nongovernmental entities. The Federal Government may not consider guidelines promulgated by the Committee on Space Research of the International Science Counsel to be international obligations of the United States. In making a determination under paragraph (1), the Secretary shall presume, absent clear and convincing evidence to the contrary, that— 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 reasonably commercially available efforts by the applicant are sufficient for the United States to be in conformity with its international obligations pertaining to nongovernmental entities of the United States under the Outer Space Treaty. The Secretary may not modify or place additional conditions on a certification after the date on which the certification is issued, except— to modify a certification to account for a material change, as provided in section 80106(b); or to remove a condition pursuant to subsection (d). The responsibilities of the Secretary under this subsection may not be delegated, including to the Office of Space Commerce. The Secretary, as determined appropriate, may remove from a certification a condition placed on operations of a space object pursuant to subsection (c)(1)(A). To be eligible for a certification under this chapter, each application shall include a space debris mitigation plan for the space object, as set forth in section 80103(a)(2). Such plan— shall take into account best practice guidelines promulgated by the United States and the Inter-Agency Debris Coordinating Committee; and may take into account that a space object may terminate 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. 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 referred to in subsection (a). Such certification holder shall, not later than 30 days after completing implementation of such phase, notify the Secretary of the results of any space debris mitigation efforts. As a condition of a certification issued under this subtitle, a certification holder shall enter into an agreement with the United States under which the certification holder agrees to pay costs incurred by the United States that arise from a valid claim for compensation made by another State Party under the Outer Space Treaty or Liability Convention for damage caused by a space object of the certification holder. The Secretary shall implement the agreement described in subsection (a) on behalf of the United States. A certification holder shall, in a timely manner, notify the Secretary if— a certified space object has terminated operations; or a certified space object is involved in a catastrophic event, such as the unplanned destruction of a space object. The Secretary shall require certification holders to inform the Secretary of the following: Any material changes to a space object or the planned operations of a space object prior to launch. Any material anomalies or material departures from the certified operations described during the course of operations. Not later than 14 days after the date of receipt of information regarding a material change pursuant to paragraph (1), the Secretary shall make a determination of whether such material change is substantial enough to warrant review under section 80103(b). Not later than 60 days after a determination that such review is warranted, the Secretary shall complete a similar review process for such material change as is required for a certification application under such section. 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. To be eligible for a transfer under subsection (a), the certification holder shall submit to the Secretary a request that includes the following: Any information regarding the proposed transfer, including accompanying supporting documents, that would be required under an initial application under section 80103. Each attestation required under section 80103(a)(3) completed by the proposed transferee. Not later than 60 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 is required for a certification applicant under section 80103(b). A certification issued under this chapter shall expire on the earliest of the following: The date on which all operations approved under such certification terminate, including carrying out the disposal phase of the space debris mitigation plan. The date on which all space objects approved under the certification no longer exist. The date that is five years after the date on which the certification was issued, if no certified operations have commenced by such date. 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. A certification holder whose certification is terminated under this subsection shall be ineligible to apply for or receive a certification under this chapter. Upon termination of a certification under paragraph (1), the Secretary may require the certification holder to carry out the disposal phase of the space debris mitigation plan submitted by the certification holder under section 80103(a)(2). If the operations of a space object governed by this subtitle have been approved on or before the effective date of this section under a covered license, and such operations are not subject to an exemption under 80111, the United States entity responsible for the space object may— elect to be immediately considered certified for operation under this chapter on such effective date, and all terms and conditions applicable to the operations of such space object as approved in the covered license shall apply for the duration of the operation of the space object; or apply for a certification under this chapter for such operation of the space object, and continue to operate pursuant to such covered license until such time as a certification under this subtitle is issued. For operations of a space object of a United States entity that are not subject to an exemption under section 80111, and that are set forth in an application for a covered license that is pending approval on the effective date of this section, the applicant may elect to— rescind its application for a covered license without prejudice; or transfer the portions of such application that are related to operations governed by this subtitle to the Office of Space Commerce, at which the application shall be deemed to be a pending application for certification under this chapter. In this subtitle, the term covered license means any of the following: An approval of a payload for launch or reentry under section 50904 as part of a license issued under chapter 509. A license for spectrum use issued under the Communications Act of 1934 (47 U.S.C. 151 et seq.). A license for operation of a space-based remote sensing system issued under subchapter III of chapter 601 of title 51. This section shall take effect on the date that is one year after the date of the enactment of the Commercial Space Act of 2023. The Secretary shall establish a Private Space Activity Advisory Committee (in this section referred to as the Committee). The Committee shall designate one member as the chair of the Committee for one year. The Committee shall be composed of 15 members, as follows: Three members appointed by the Secretary. Three members appointed by the chair of, and three members appointed by the ranking member of, the Committee on Commerce, Science, and Transportation of the Senate. Three members appointed by the chair of, and three members appointed by the ranking member of, the Committee on Science, Space, and Technology of the House of Representatives. Members of the Committee may not be Federal Government employees or officials, or employed by or affiliated with a federally funded research and development center. 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. Members of the Committee shall include a variety of space professionals, including policy, engineering, technical, science, legal, and finance professionals. Not fewer than half of the members shall have significant experience working in the commercial space industry. Each member of the Committee— shall serve for a term of four years; and may not serve as a member for the two-year period following the date of completion of each such term. The duties of the Committee are the following: To analyze the status and recent developments of nongovernmental space activities. To analyze the effectiveness and efficiency of the implementation of the certification process under this chapter. To provide recommendations to the Secretary and Congress regarding how the United States can facilitate and promote a robust and innovative private sector that is investing in, developing, and operating space objects. To identify any challenges the United States private sector is experiencing with respect to the following: The authorization and supervision of the operation of space objects under this chapter. More generally, international obligations of the United States relevant to private sector activities in outer space. Harmful interference to private sector activities in outer space. Access to adequate, predictable, and reliable radio frequency spectrum for certified operations. Competing on the international marketplace. To review existing best practices for United States entities to avoid the harmful contamination of the Moon and other celestial bodies. To 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. To review existing best practices for United States entities to support the responsible launch, deployment, and operation of space objects to avoid the creation of persistent space debris. To provide information, advice, and recommendations on matters relating to United States private sector activities in outer space. To 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. 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 (h). The Committee shall terminate on the date that is 20 years after the date on which the Committee is established. A certification is not required under this chapter for any of the following operations: Space activities authorized by another country that is a party to the Outer Space Treaty. Launch or reentry vehicle activities licensed by the Department of Transportation under chapter 509. Spectrum use licensed by the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.). VIIIAuthorization and Supervision of Nongovernmental Space Activities 801Certification to Operate Space ObjectsSec.80101. Definitions.80102. Certification authority.80103. Certification application and requirements.80104. Mitigation of space debris.80105. Liability.80106. Continuing certification requirements.80107. Certification transfer.80108. Certification expiration and termination.80109. Existing license or pending application for space object operations.80110. Private Space Activity Advisory Committee.80111. Exemptions.80101.DefinitionsIn this subtitle:(1)AgencyThe 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 ObjectsThe 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 ObjectsThe 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 spaceThe term covered treaties on outer space means the following:(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.(D)The Liability Convention.(5)Liability ConventionThe 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 StatesThe 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 TreatyThe 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)SecretaryThe term Secretary means, except as otherwise provided in this subtitle, the Secretary of Commerce, acting through the Office of Space Commerce.(9)Space debris mitigationThe term space debris mitigation means efforts to—(A)prevent on-orbit break-ups;(B)remove space objects that have reached the end of their mission operation from useful, densely-populated orbit regions; or(C)limit the amount of debris released during normal operations of a space object.(10)Space object(A)In generalThe 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 payload or a spacecraft, including component parts of such object; or(ii)any item carried on such object that is intended for use in outer space outside of, and independent of, the operation of such carrying object.(B)InclusionSuch term also means 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)ExclusionsSuch 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.(11)StateThe 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.(12)United StatesThe term United States means the States, collectively.(13)United States entityThe 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.80102.Certification authority(a)In generalNot later than one year after the date of the enactment of the Commercial Space Act of 2023, the Secretary shall begin issuing certifications for the operation of a space object to any United States entity that submits an application for such a certification in satisfaction of the requirements of this chapter.(b)ConsultationThe Secretary may, as the Secretary considers necessary, consult with the heads of other relevant agencies in carrying out the requirements of this chapter, pursuant to section 80210.(c)Certification required for operationBeginning on the date that is one year after the date of the enactment of the Commercial Space Act of 2023, a United States entity may not operate a space object unless the entity—(1)holds a certification issued under this chapter for the operation of such space object; or(2)holds a valid covered license, as defined in section 80109(c), and such covered license satisfies the requirements of section 80109.(d)Foreign entities prohibitedThe Secretary may not issue a certification under this chapter to any entity that is not a United States entity.(e)Coverage of certificationThe Secretary shall, to the maximum extent practicable, require only one 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.80103.Certification application and requirements(a)Application(1)In generalTo be eligible for a certification to operate a space object or a 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 paragraphs (2) and (3). Such application shall include, for each required item in paragraph (2), sufficient evidence to demonstrate each fact or assertion.(2)ItemsAn 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, and 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 the following:(i)When and where the space object will operate.(ii)When and where operation of the space object will terminate.(F)A space debris mitigation plan describing how the space object will be operated and disposed of in a manner to mitigate the generation of space debris.(G)Information regarding third-party liability insurance obtained, if any, by the applicant for operation of the space object, including the amount and coverage of such liability insurance.(3)AttestationsAn 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 as a weapon 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 attestationsNot later than 60 days after receipt of an application under this section, the Secretary shall verify the following:(A)The application contains all information required under subsection (a)(2), including any required supporting documents.(B)The application contains each attestation required under subsection (a)(3).(C)The application does not contain any clear indication of fraud or falsification.(2)DeterminationNot later than 60 days after receipt of an application under this section—(A)if the Secretary verifies that the applicant has met the application requirements as 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 in accordance with subsection (c)(1)(A); or(B)if the Secretary cannot verify that the applicant has met the application requirements as described in paragraph (1), or if the Secretary determines it is necessary to deny the application pursuant to subsection (c)(1)(B), the Secretary—(i)shall issue a denial of the application signed by the Secretary (a duty that may not be delegated, including to the Office of Space Commerce); and(ii)shall, not later than 10 days after the decision to deny the application—(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)Opportunity to cure(A)In generalIf the Secretary finds, at any point during review of the application, that it will likely condition operations pursuant to paragraph (2)(A), or that denial of the application is likely under paragraph (2)(B), the Secretary shall provide the applicant with written notification that states such finding and a clearly articulated rationale for the finding that provides, to the maximum extent practicable, guidance to the applicant as to how such rationale could be addressed in a response to the notification.(B)ResponseNot later than 10 days after receipt of written notification in subparagraph (A), the applicant may elect to submit a response to the notification that may contain additional information to clarify or remedy any issue identified in the notification.(C)ReviewIf the applicant submits a response to the notification described in subparagraph (B), the Secretary shall review such response and issue a determination pursuant to paragraph (2) either 20 days after receipt of such response, or after the expiration of the remainder of the 60-day period set forth in this subsection, whichever is later.(D)LimitationThe Secretary may not issue more than one notification under this paragraph for each application.(4)TollingThe Secretary may not allow tolling of the 60-day period set forth in this subsection, except as specified in paragraph (3).(5)Automatic approvalIf the Secretary has not approved or denied the application before the deadline specified in paragraph (2), or, if applicable, the deadline as extended in accordance with paragraph (3), the Secretary shall issue a certification without condition.(6)Subsequent reviewIf the Secretary denies an application pursuant to paragraph (2)(C), the Secretary may not prejudice a subsequent application for the same proposed operations if such subsequent application contains remedies to address the rationale for the previous denial.(c)Compliance with the Outer Space Treaty(1)In generalIf the Secretary determines, based upon 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 issue a certification with conditions on the proposed operations only to the extent necessary to prevent a violation of such international obligation; or(B)if the Secretary determines there is no practicable way to condition the proposed operations to prevent such a violation, the Secretary may deny the application.(2)Limitation for determinationsA 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 may not presume all obligations of the United States under the Outer Space Treaty are obligations to be imputed upon United States nongovernmental entities.(D)The Federal Government may not consider guidelines promulgated by the Committee on Space Research of the International Science Counsel to be international obligations of the United States.(3)PresumptionsIn 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 by the applicant are sufficient for the United States to be in conformity with its international obligations pertaining to nongovernmental entities of the United States under the Outer Space Treaty.(4)Prohibition on retroactive conditionsThe Secretary may not modify or place additional conditions on a certification after the date on which the certification is issued, except—(A)to modify a certification to account for a material change, as provided in section 80106(b); or(B)to remove a condition pursuant to subsection (d).(5)NondelegableThe responsibilities of the Secretary under this subsection may not be delegated, including to the Office of Space Commerce.(d)Authority To remove conditionsThe Secretary, as determined appropriate, may remove from a certification a condition placed on operations of a space object pursuant to subsection (c)(1)(A).80104.Mitigation of space debris(a)Plan submissionTo be eligible for a certification under this chapter, each application shall include a space debris mitigation plan for the space object, as set forth in section 80103(a)(2). Such plan—(1)shall take into account best practice guidelines promulgated by the United States and the Inter-Agency Debris Coordinating Committee; and(2)may take into account that a space object may terminate 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)ImplementationTo 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 referred to in subsection (a). Such certification holder shall, not later than 30 days after completing implementation of such phase, notify the Secretary of the results of any space debris mitigation efforts.80105.Liability(a)In generalAs a condition of a certification issued under this subtitle, a certification holder shall enter into an agreement with the United States under which the certification holder agrees to pay costs incurred by the United States that arise from a valid claim for compensation made by another State Party under the Outer Space Treaty or Liability Convention for damage caused by a space object of the certification holder.(b)ImplementationThe Secretary shall implement the agreement described in subsection (a) on behalf of the United States.80106.Continuing certification requirements(a)Notification requirementA certification holder shall, in a timely manner, notify the Secretary if—(1)a certified space object has terminated operations; or(2)a certified space object is involved in a catastrophic event, such as the unplanned destruction of a space object.(b)Material change(1)Notification of material changeThe Secretary shall require certification holders to inform the Secretary of the following:(A)Any material changes to a space object or the planned operations of a space object prior to launch.(B)Any material anomalies or material departures from the certified operations described during the course of operations.(2)Update to certificationNot later than 14 days after the date of receipt of information regarding a material change pursuant to paragraph (1), the Secretary shall make a determination of whether such material change is substantial enough to warrant review under section 80103(b). Not later than 60 days after a determination that such review is warranted, the Secretary shall complete a similar review process for such material change as is required for a certification application under such section.80107.Certification transfer(a)In generalSubject 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 requirementsTo be eligible for a transfer under subsection (a), the certification holder shall submit to the Secretary a request that includes the following:(1)Any information regarding the proposed transfer, including accompanying supporting documents, that would be required under an initial application under section 80103.(2)Each attestation required under section 80103(a)(3) completed by the proposed transferee.(c)DeterminationNot later than 60 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 is required for a certification applicant under section 80103(b).80108.Certification expiration and termination(a)Certification expirationA certification issued under this chapter shall expire on the earliest of the following:(1)The date on which all operations approved under such certification terminate, including carrying out the disposal phase of the space debris mitigation plan.(2)The date on which all space objects approved under the certification no longer exist.(3)The date that is five years after the date on which the certification was issued, if no certified operations have commenced by such date.(b)Certification termination(1)In generalThe 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)EligibilityA 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 planUpon termination of a certification under paragraph (1), the Secretary may require the certification holder to carry out the disposal phase of the space debris mitigation plan submitted by the certification holder under section 80103(a)(2).80109.Existing license or pending application for space object operations(a)Continuation of existing licenseIf the operations of a space object governed by this subtitle have been approved on or before the effective date of this section under a covered license, and such operations are not subject to an exemption under 80111, the United States entity responsible for the space object may—(1)elect to be immediately considered certified for operation under this chapter on such effective date, and all terms and conditions applicable to the operations of such space object as approved in the covered license shall apply for the duration of the operation of the space object; or(2)apply for a certification under this chapter for such operation of the space object, and continue to operate pursuant to such covered license until such time as a certification under this subtitle is issued.(b)Rescission or transfer of a pending covered licenseFor operations of a space object of a United States entity that are not subject to an exemption under section 80111, and that are set forth in an application for a covered license that is pending approval on the effective date of this section, the applicant may elect to—(1)rescind its application for a covered license without prejudice; or(2)transfer the portions of such application that are related to operations governed by this subtitle to the Office of Space Commerce, at which the application shall be deemed to be a pending application for certification under this chapter.(c)Covered licenseIn this subtitle, the term covered license means any of the following:(1)An approval of a payload for launch or reentry under section 50904 as part of a license issued under chapter 509.(2)A license for spectrum use issued under the Communications Act of 1934 (47 U.S.C. 151 et seq.).(3)A license for operation of a space-based remote sensing system issued under subchapter III of chapter 601 of title 51.(d)Effective dateThis section shall take effect on the date that is one year after the date of the enactment of the Commercial Space Act of 2023.80110.Private Space Activity Advisory Committee(a)EstablishmentThe Secretary shall establish a Private Space Activity Advisory Committee (in this section referred to as the Committee).(b)ChairThe Committee shall designate one member as the chair of the Committee for one year.(c)MembershipThe Committee shall be composed of 15 members, as follows:(1)Three members appointed by the Secretary.(2)Three members appointed by the chair of, and three members appointed by the ranking member of, the Committee on Commerce, Science, and Transportation of the Senate.(3)Three members appointed by the chair of, and three members appointed by the ranking member of, the Committee on Science, Space, and Technology of the House of Representatives.(d)LimitationMembers of the Committee may not be Federal Government employees or officials, or employed by or affiliated with a federally funded research and development center.(e)Travel expensesMembers 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.(f)QualificationsMembers of the Committee shall include a variety of space professionals, including policy, engineering, technical, science, legal, and finance professionals. Not fewer than half of the members shall have significant experience working in the commercial space industry.(g)TermsEach member of the Committee—(1)shall serve for a term of four years; and(2)may not serve as a member for the two-year period following the date of completion of each such term.(h)DutiesThe duties of the Committee are the following:(1)To analyze the status and recent developments of nongovernmental space activities.(2)To analyze the effectiveness and efficiency of the implementation of the certification process under this chapter.(3)To provide recommendations to the Secretary and Congress regarding how the United States can facilitate and promote a robust and innovative private sector that is investing in, developing, and operating space objects.(4)To identify any challenges the United States private sector is experiencing with respect to the following:(A)The authorization and supervision of the operation of space objects under this chapter.(B)More generally, international obligations of the United States relevant to private sector activities in outer space.(C)Harmful interference to private sector activities in outer space.(D)Access to adequate, predictable, and reliable radio frequency spectrum for certified operations.(E)Competing on the international marketplace.(5)To review existing best practices for United States entities to avoid the harmful contamination of the Moon and other celestial bodies.(6)To 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)To review existing best practices for United States entities to support the responsible launch, deployment, and operation of space objects to avoid the creation of persistent space debris.(8)To provide information, advice, and recommendations on matters relating to United States private sector activities in outer space.(9)To 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.(i)Annual reportThe Committee shall submit to Congress, the President, and the Secretary an annual report that includes the information, analysis, findings, and recommendations described in subsection (h).(j)SunsetThe Committee shall terminate on the date that is 20 years after the date on which the Committee is established.80111.ExemptionsA certification is not required under this chapter for any of the following operations:(1)Space activities authorized by another country that is a party to the Outer Space Treaty.(2)Launch or reentry vehicle activities licensed by the Department of Transportation under chapter 509.(3)Spectrum use licensed by the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.)..

80101. Definitions In this subtitle: The term agency has the meaning given the term Executive agency in section 105 of title 5. 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). 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). The term covered treaties on outer space means the following: The Outer Space Treaty. The Agreement on the Rescue of Astronauts and the Return of Space Objects. The Convention on Registration of Space Objects. The 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). 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)). 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). The term Secretary means, except as otherwise provided in this subtitle, the Secretary of Commerce, acting through the Office of Space Commerce. The term space debris mitigation means efforts to— prevent on-orbit break-ups; remove space objects that have reached the end of their mission operation from useful, densely-populated orbit regions; or limit the amount of debris released during normal operations of a space object. The term space object means— 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 payload or a spacecraft, including component parts of such object; or any item carried on such object that is intended for use in outer space outside of, and independent of, the operation of such carrying object. Such term also means any human-made object that is— manufactured or assembled in outer space; and intended for operations in outer space outside of, and independent of, the operations of such object in which the manufacturing or assembly occurred. Such term does not include— an article on board a space object that is only intended for use inside the space object; an article manufactured or processed in outer space that is a material; or an article intended for use outside of a space object as part of the certified operations of the space object. 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. The term United States means the States, collectively. The term United States entity means— an individual who is a national of the United States; or a nongovernmental entity organized or existing under, and subject to, the laws of the United States or a State.

80102. Certification authority Not later than one year after the date of the enactment of the Commercial Space Act of 2023, the Secretary shall begin issuing certifications for the operation of a space object to any United States entity that submits an application for such a certification in satisfaction of the requirements of this chapter. The Secretary may, as the Secretary considers necessary, consult with the heads of other relevant agencies in carrying out the requirements of this chapter, pursuant to section 80210. Beginning on the date that is one year after the date of the enactment of the Commercial Space Act of 2023, 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 space object; or holds a valid covered license, as defined in section 80109(c), and such covered license satisfies the requirements of section 80109. The Secretary may not issue a certification under this chapter to any entity that is not a United States entity. The Secretary shall, to the maximum extent practicable, require only one certification under this chapter for a United States entity to— conduct multiple operations carried out using a single space object; operate multiple space objects that carry out substantially similar operations; or use multiple space objects to carry out a single space operation.

80103. Certification application and requirements To be eligible for a certification to operate a space object or a 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 paragraphs (2) and (3). Such application shall include, for each required item in paragraph (2), sufficient evidence to demonstrate each fact or assertion. 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: 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. An affirmation, and a document of proof, that the applicant is a United States entity. If available at the time of submission of the application, the planned date and location of the launch of the space object, and the identity of the launch provider. The general physical form and composition of the space object. A description of the proposed operations of the space object that includes the following: When and where the space object will operate. When and where operation of the space object will terminate. A space debris mitigation plan describing how the space object will be operated and disposed of in a manner to mitigate the generation of space debris. Information regarding third-party liability insurance obtained, if any, by the applicant for operation of the space object, including the amount and coverage of such liability insurance. An application described in paragraph (1) shall contain an attestation by the applicant of each the following: The space object is not a nuclear weapon or a weapon of mass destruction. The space object will not carry a nuclear weapon or weapon of mass destruction. The space object will not be operated as a weapon or used for testing of any weapon on a celestial body. All information in the application and supporting documents is true, complete, and accurate. Not later than 60 days after receipt of an application under this section, the Secretary shall verify the following: The application contains all information required under subsection (a)(2), including any required supporting documents. The application contains each attestation required under subsection (a)(3). The application does not contain any clear indication of fraud or falsification. Not later than 60 days after receipt of an application under this section— if the Secretary verifies that the applicant has met the application requirements as 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 in accordance with subsection (c)(1)(A); or if the Secretary cannot verify that the applicant has met the application requirements as described in paragraph (1), or if the Secretary determines it is necessary to deny the application pursuant to subsection (c)(1)(B), the Secretary— 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 shall, not later than 10 days after the decision to deny the application— 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 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. If the Secretary finds, at any point during review of the application, that it will likely condition operations pursuant to paragraph (2)(A), or that denial of the application is likely under paragraph (2)(B), the Secretary shall provide the applicant with written notification that states such finding and a clearly articulated rationale for the finding that provides, to the maximum extent practicable, guidance to the applicant as to how such rationale could be addressed in a response to the notification. Not later than 10 days after receipt of written notification in subparagraph (A), the applicant may elect to submit a response to the notification that may contain additional information to clarify or remedy any issue identified in the notification. If the applicant submits a response to the notification described in subparagraph (B), the Secretary shall review such response and issue a determination pursuant to paragraph (2) either 20 days after receipt of such response, or after the expiration of the remainder of the 60-day period set forth in this subsection, whichever is later. The Secretary may not issue more than one notification under this paragraph for each application. The Secretary may not allow tolling of the 60-day period set forth in this subsection, except as specified in paragraph (3). If the Secretary has not approved or denied the application before the deadline specified in paragraph (2), or, if applicable, the deadline as extended in accordance with paragraph (3), the Secretary shall issue a certification without condition. If the Secretary denies an application pursuant to paragraph (2)(C), the Secretary may not prejudice a subsequent application for the same proposed operations if such subsequent application contains remedies to address the rationale for the previous denial. If the Secretary determines, based upon 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— the Secretary may issue a certification with conditions on the proposed operations only to the extent necessary to prevent a violation of such international obligation; or if the Secretary determines there is no practicable way to condition the proposed operations to prevent such a violation, the Secretary may deny the application. A determination under paragraph (1) shall be limited as follows: 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. 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. The Federal Government may not presume all obligations of the United States under the Outer Space Treaty are obligations to be imputed upon United States nongovernmental entities. The Federal Government may not consider guidelines promulgated by the Committee on Space Research of the International Science Counsel to be international obligations of the United States. In making a determination under paragraph (1), the Secretary shall presume, absent clear and convincing evidence to the contrary, that— 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 reasonably commercially available efforts by the applicant are sufficient for the United States to be in conformity with its international obligations pertaining to nongovernmental entities of the United States under the Outer Space Treaty. The Secretary may not modify or place additional conditions on a certification after the date on which the certification is issued, except— to modify a certification to account for a material change, as provided in section 80106(b); or to remove a condition pursuant to subsection (d). The responsibilities of the Secretary under this subsection may not be delegated, including to the Office of Space Commerce. The Secretary, as determined appropriate, may remove from a certification a condition placed on operations of a space object pursuant to subsection (c)(1)(A).

80104. Mitigation of space debris To be eligible for a certification under this chapter, each application shall include a space debris mitigation plan for the space object, as set forth in section 80103(a)(2). Such plan— shall take into account best practice guidelines promulgated by the United States and the Inter-Agency Debris Coordinating Committee; and may take into account that a space object may terminate 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. 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 referred to in subsection (a). Such certification holder shall, not later than 30 days after completing implementation of such phase, notify the Secretary of the results of any space debris mitigation efforts.

80105. Liability As a condition of a certification issued under this subtitle, a certification holder shall enter into an agreement with the United States under which the certification holder agrees to pay costs incurred by the United States that arise from a valid claim for compensation made by another State Party under the Outer Space Treaty or Liability Convention for damage caused by a space object of the certification holder. The Secretary shall implement the agreement described in subsection (a) on behalf of the United States.

80106. Continuing certification requirements A certification holder shall, in a timely manner, notify the Secretary if— a certified space object has terminated operations; or a certified space object is involved in a catastrophic event, such as the unplanned destruction of a space object. The Secretary shall require certification holders to inform the Secretary of the following: Any material changes to a space object or the planned operations of a space object prior to launch. Any material anomalies or material departures from the certified operations described during the course of operations. Not later than 14 days after the date of receipt of information regarding a material change pursuant to paragraph (1), the Secretary shall make a determination of whether such material change is substantial enough to warrant review under section 80103(b). Not later than 60 days after a determination that such review is warranted, the Secretary shall complete a similar review process for such material change as is required for a certification application under such section.

80107. Certification transfer 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. To be eligible for a transfer under subsection (a), the certification holder shall submit to the Secretary a request that includes the following: Any information regarding the proposed transfer, including accompanying supporting documents, that would be required under an initial application under section 80103. Each attestation required under section 80103(a)(3) completed by the proposed transferee. Not later than 60 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 is required for a certification applicant under section 80103(b).

80108. Certification expiration and termination A certification issued under this chapter shall expire on the earliest of the following: The date on which all operations approved under such certification terminate, including carrying out the disposal phase of the space debris mitigation plan. The date on which all space objects approved under the certification no longer exist. The date that is five years after the date on which the certification was issued, if no certified operations have commenced by such date. 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. A certification holder whose certification is terminated under this subsection shall be ineligible to apply for or receive a certification under this chapter. Upon termination of a certification under paragraph (1), the Secretary may require the certification holder to carry out the disposal phase of the space debris mitigation plan submitted by the certification holder under section 80103(a)(2).

80109. Existing license or pending application for space object operations If the operations of a space object governed by this subtitle have been approved on or before the effective date of this section under a covered license, and such operations are not subject to an exemption under 80111, the United States entity responsible for the space object may— elect to be immediately considered certified for operation under this chapter on such effective date, and all terms and conditions applicable to the operations of such space object as approved in the covered license shall apply for the duration of the operation of the space object; or apply for a certification under this chapter for such operation of the space object, and continue to operate pursuant to such covered license until such time as a certification under this subtitle is issued. For operations of a space object of a United States entity that are not subject to an exemption under section 80111, and that are set forth in an application for a covered license that is pending approval on the effective date of this section, the applicant may elect to— rescind its application for a covered license without prejudice; or transfer the portions of such application that are related to operations governed by this subtitle to the Office of Space Commerce, at which the application shall be deemed to be a pending application for certification under this chapter. In this subtitle, the term covered license means any of the following: An approval of a payload for launch or reentry under section 50904 as part of a license issued under chapter 509. A license for spectrum use issued under the Communications Act of 1934 (47 U.S.C. 151 et seq.). A license for operation of a space-based remote sensing system issued under subchapter III of chapter 601 of title 51. This section shall take effect on the date that is one year after the date of the enactment of the Commercial Space Act of 2023.

80110. Private Space Activity Advisory Committee The Secretary shall establish a Private Space Activity Advisory Committee (in this section referred to as the Committee). The Committee shall designate one member as the chair of the Committee for one year. The Committee shall be composed of 15 members, as follows: Three members appointed by the Secretary. Three members appointed by the chair of, and three members appointed by the ranking member of, the Committee on Commerce, Science, and Transportation of the Senate. Three members appointed by the chair of, and three members appointed by the ranking member of, the Committee on Science, Space, and Technology of the House of Representatives. Members of the Committee may not be Federal Government employees or officials, or employed by or affiliated with a federally funded research and development center. 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. Members of the Committee shall include a variety of space professionals, including policy, engineering, technical, science, legal, and finance professionals. Not fewer than half of the members shall have significant experience working in the commercial space industry. Each member of the Committee— shall serve for a term of four years; and may not serve as a member for the two-year period following the date of completion of each such term. The duties of the Committee are the following: To analyze the status and recent developments of nongovernmental space activities. To analyze the effectiveness and efficiency of the implementation of the certification process under this chapter. To provide recommendations to the Secretary and Congress regarding how the United States can facilitate and promote a robust and innovative private sector that is investing in, developing, and operating space objects. To identify any challenges the United States private sector is experiencing with respect to the following: The authorization and supervision of the operation of space objects under this chapter. More generally, international obligations of the United States relevant to private sector activities in outer space. Harmful interference to private sector activities in outer space. Access to adequate, predictable, and reliable radio frequency spectrum for certified operations. Competing on the international marketplace. To review existing best practices for United States entities to avoid the harmful contamination of the Moon and other celestial bodies. To 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. To review existing best practices for United States entities to support the responsible launch, deployment, and operation of space objects to avoid the creation of persistent space debris. To provide information, advice, and recommendations on matters relating to United States private sector activities in outer space. To 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. 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 (h). The Committee shall terminate on the date that is 20 years after the date on which the Committee is established.

80111. Exemptions A certification is not required under this chapter for any of the following operations: Space activities authorized by another country that is a party to the Outer Space Treaty. Launch or reentry vehicle activities licensed by the Department of Transportation under chapter 509. Spectrum use licensed by the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.).

4. Administrative provisions related to certification Title 51, United States Code, as amended by section 3, is further amended by adding at the end the following: In order to carry out the responsibilities specified in this chapter, the Secretary may— seek an order of injunction or similar judicial determination from a district court of the United States with personal jurisdiction over a certification holder to terminate certifications under this subtitle and terminate certified operations on an immediate basis, if the Secretary determines that the certification holder has substantially failed to comply with any provisions of this subtitle, or with any terms of a certification; 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— noncompliance with the certification requirements, conditions, or regulations issued under this subtitle; or the operation of a space object without the applicable certification issued under this subtitle; compromise, modify, or remit any such civil penalty; 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 regulation issued thereunder; and make investigations and inquiries concerning any matter relating to the enforcement of this subtitle. Any holder of, or applicant for, a certification who makes a timely request for review of an adverse action taken 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 80203 of this chapter. The Secretary may not impose a fee or other cost on a holder of, or applicant for, a certification under chapter 801. The Secretary may not impose a substantive condition on, or any other requirement for, the issuance of a certification except as specifically provided in this subtitle. Notwithstanding any other provision of law, the Secretary may withhold from public disclosure information submitted as part of any filing relating to a certification under this subtitle. For purposes of section 552 of title 5, this subsection shall be considered a statute described in subsection (b)(3) of such section and is intended to exempt information within this subtitle from disclosure. Nothing in this subsection may be construed as authorizing the withholding of information from Congress. 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 under this subtitle. It is the sense of the Congress that— the United States Government has assets in outer space that are critical to national security, scientific research, economic growth, and exploration; such assets represent a considerable investment of United States taxpayers; and it is in the national interest of the United States to facilitate opportunities to provide for the protection of such assets. 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. 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. A consultation under this section may be held, with respect to a substantial safety risk identified under subsection (b), between— a certification holder responsible for the certified space object operations; and any entity of the Federal Government operating a potentially affected space object. The Secretary may not impose any requirement on a party pursuant to participation in the consultation. In carrying out a consultation, the Secretary shall— facilitate a discussion among the parties to the consultation; encourage a mutual understanding of the safety risk; and 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. Not later than 90 days after the Secretary requires a consultation under this section, the Secretary shall— complete all activities related to the consultation; and submit to Congress a written notification with respect to such consultation, that includes— the names of each party to the consultation; a description of the physical safety risk at issue; whether any voluntary agreement was made by the parties; and the content of any such agreement. Nothing in this section may be construed to grant any additional authority to the Secretary to regulate, or place conditions on, any activity conducted by a space object for which a certification is required under this subtitle. An applicant who is denied a certification under section 80103(b)(2)(B), or an applicant whose certification is conditioned pursuant to section 80103(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. Except for the Secretary as authorized by this subtitle, no agency may impose a requirement with regard to an international obligation of the United States pertaining to a nongovernmental entity of the United States under the Outer Space Treaty relating to the following: The operation of a space object certified under chapter 801. The carrying out of a space debris mitigation plan of a space object for which a certification was issued under chapter 801. Not later than one year after the date of the enactment of the Commercial Space Act of 2023, 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, except as set forth in this subtitle. Nothing in this section may 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 the holder of a certification under chapter 801 for the operation of the applicable space object. To the maximum extent practicable, the President, acting through appropriate Federal agencies, shall interpret and fulfill international obligations, including obligations under the covered treaties on outer space, to minimize regulations and limitations on the freedom of United States nongovernmental entities to explore and use outer space. The district courts shall have original jurisdiction, exclusive of the courts of the States, over any civil action resulting from the operation of a space object for which a certification is required under this subtitle. Notwithstanding any other provision of law, outer space may not be considered a global commons. Not later than 10 months after the date of the enactment of the Commercial Space Act of 2023, the Secretary shall issue such regulations as are necessary to carry out this subtitle. 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. Subject to subsection (b), the Secretary may, as the Secretary considers necessary, consult with the heads of other relevant agencies in carrying out this subtitle. The consultation authority under subsection (a) may not be interpreted to alter the exclusive authority of the Secretary to authorize, place conditions on, and supervise the operation of space objects under this chapter, as provided in and subject to the limitations of section 80205. 802Administrative Provisions Related to Certification80201. Administrative authority.80202. Consultation.80203. Appeal of denial or condition of certification.80204. Exclusive authority for determination of international obligations.80205. Limitation on certain agency supervision.80206. Commercial exploration and use of outer space.80207. Federal jurisdiction.80208. Global commons.80209. Regulatory authority.80210. Consultation with relevant agencies.80201.Administrative authority(a)FunctionsIn order to carry out the responsibilities specified in this chapter, 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 a certification holder to terminate certifications under this subtitle and terminate certified operations on an immediate basis, if the Secretary determines that the certification holder has substantially failed to comply with any provisions of this subtitle, or with any terms of a certification;(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 requirements, conditions, or regulations issued under this subtitle; or(B)the operation of a space object without the applicable certification 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 regulation issued thereunder; and(5)make investigations and inquiries concerning any matter relating to the enforcement of this subtitle.(b)Review of agency actionAny holder of, or applicant for, a certification who makes a timely request for review of an adverse action taken 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 80203 of this chapter.(c)No cost for certificationThe Secretary may not impose a fee or other cost on a holder of, or applicant for, a certification under chapter 801.(d)No authority To set conditionsThe Secretary may not impose a substantive condition on, or any other requirement for, the issuance of a certification except as specifically provided in this subtitle.(e)FOIA exemptionNotwithstanding any other provision of law, the Secretary may withhold from public disclosure information submitted as part of any filing relating to a certification under this subtitle. For purposes of section 552 of title 5, this subsection shall be considered a statute described in subsection (b)(3) of such section and is intended to exempt information within this subtitle from disclosure. Nothing in this subsection may be construed as authorizing the withholding of information from Congress.(f)Limitation on exceptions to administrative proceduresThe 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 under this subtitle.80202.Consultation(a)Sense of CongressIt is the sense of the Congress that—(1)the United States Government has assets in outer space that are 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)ReviewNot 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 consultationIf 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 generalA 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)ParticipationThe Secretary may not impose any requirement on a party pursuant to participation in the consultation.(e)Mitigation of safety riskIn 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; noticeNot 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 constructionNothing in this section may be construed to grant any additional authority to the Secretary to regulate, or place conditions on, any activity conducted by a space object for which a certification is required under this subtitle.80203.Appeal of denial or condition of certificationAn applicant who is denied a certification under section 80103(b)(2)(B), or an applicant whose certification is conditioned pursuant to section 80103(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.80204.Exclusive authority for determination of international obligationsExcept for the Secretary as authorized by this subtitle, no agency may impose a requirement with regard to an international obligation of the United States pertaining to a nongovernmental entity of the United States under the Outer Space Treaty relating to the following:(1)The operation of a space object certified under chapter 801.(2)The carrying out of a space debris mitigation plan of a space object for which a certification was issued under chapter 801.80205.Limitation on certain agency supervision(a)In generalNot later than one year after the date of the enactment of the Commercial Space Act of 2023, 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, except as set forth in this subtitle.(b)Agreement limitationsNothing in this section may 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 the holder of a certification under chapter 801 for the operation of the applicable space object.80206.Commercial exploration and use of outer spaceTo the maximum extent practicable, the President, acting through appropriate Federal agencies, shall interpret and fulfill international obligations, including obligations under the covered treaties on outer space, to minimize regulations and limitations on the freedom of United States nongovernmental entities to explore and use outer space.80207.Federal jurisdictionThe district courts shall have original jurisdiction, exclusive of the courts of the States, over any civil action resulting from the operation of a space object for which a certification is required under this subtitle.80208.Global commonsNotwithstanding any other provision of law, outer space may not be considered a global commons.80209.Regulatory authority(a)In generalNot later than 10 months after the date of the enactment of the Commercial Space Act of 2023, the Secretary shall issue such regulations as are necessary to carry out this subtitle.(b)Reducing regulatory burdenIn 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.80210.Consultation with relevant agencies(a)In generalSubject to subsection (b), the Secretary may, as the Secretary considers necessary, consult with the heads of other relevant agencies in carrying out this subtitle.(b)Exclusive authority of the SecretaryThe consultation authority under subsection (a) may not be interpreted to alter the exclusive authority of the Secretary to authorize, place conditions on, and supervise the operation of space objects under this chapter, as provided in and subject to the limitations of section 80205..

80202. Consultation It is the sense of the Congress that— the United States Government has assets in outer space that are critical to national security, scientific research, economic growth, and exploration; such assets represent a considerable investment of United States taxpayers; and it is in the national interest of the United States to facilitate opportunities to provide for the protection of such assets. 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. 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. A consultation under this section may be held, with respect to a substantial safety risk identified under subsection (b), between— a certification holder responsible for the certified space object operations; and any entity of the Federal Government operating a potentially affected space object. The Secretary may not impose any requirement on a party pursuant to participation in the consultation. In carrying out a consultation, the Secretary shall— facilitate a discussion among the parties to the consultation; encourage a mutual understanding of the safety risk; and 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. Not later than 90 days after the Secretary requires a consultation under this section, the Secretary shall— complete all activities related to the consultation; and submit to Congress a written notification with respect to such consultation, that includes— the names of each party to the consultation; a description of the physical safety risk at issue; whether any voluntary agreement was made by the parties; and the content of any such agreement. Nothing in this section may be construed to grant any additional authority to the Secretary to regulate, or place conditions on, any activity conducted by a space object for which a certification is required under this subtitle.

80203. Appeal of denial or condition of certification An applicant who is denied a certification under section 80103(b)(2)(B), or an applicant whose certification is conditioned pursuant to section 80103(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.

80204. Exclusive authority for determination of international obligations Except for the Secretary as authorized by this subtitle, no agency may impose a requirement with regard to an international obligation of the United States pertaining to a nongovernmental entity of the United States under the Outer Space Treaty relating to the following: The operation of a space object certified under chapter 801. The carrying out of a space debris mitigation plan of a space object for which a certification was issued under chapter 801.

80205. Limitation on certain agency supervision Not later than one year after the date of the enactment of the Commercial Space Act of 2023, 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, except as set forth in this subtitle. Nothing in this section may 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 the holder of a certification under chapter 801 for the operation of the applicable space object.

80206. 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 obligations under the covered treaties on outer space, to minimize regulations and limitations on the freedom of United States nongovernmental entities to explore and use outer space.

80207. Federal jurisdiction The district courts shall have original jurisdiction, exclusive of the courts of the States, over any civil action resulting from the operation of a space object for which a certification is required under this subtitle.

80208. Global commons Notwithstanding any other provision of law, outer space may not be considered a global commons.

80209. Regulatory authority Not later than 10 months after the date of the enactment of the Commercial Space Act of 2023, the Secretary shall issue such regulations as are necessary to carry out this subtitle. 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.

80210. Consultation with relevant agencies Subject to subsection (b), the Secretary may, as the Secretary considers necessary, consult with the heads of other relevant agencies in carrying out this subtitle. The consultation authority under subsection (a) may not be interpreted to alter the exclusive authority of the Secretary to authorize, place conditions on, and supervise the operation of space objects under this chapter, as provided in and subject to the limitations of section 80205.

5. Technical and conforming amendments The table of chapters of title 51, United States Code, is amended by adding at the end the following: Title 51, United States Code, is amended as follows: Subchapter III of chapter 601 is repealed. The table of sections for chapter 601 is amended by striking the items relating to subchapter III. The amendments made by paragraph (1) shall take effect on the date that is one year after the date of the enactment of this Act. Title 51, United States Code, is amended— in section 20302(c)(2), by striking means has the meaning and inserting has the meaning; in section 50702(c)(5), by striking Space-Based Position and inserting Space-Based Positioning; and in section 71102(1), by striking tracking device and inserting tracking device to. Subtitle VIII—Authorization and Supervision of Nongovernmental Space Activities801.Certification to Operate Space Objects80101802.Administrative Provisions Related to Certification80201.

6. Office of Space Commerce Section 50702 of title 51, United States Code, is amended— in subsection (b)— by striking The Office shall be headed and inserting the following: The Office shall be headed by adding at the end the following: The Director shall report directly to the Secretary of Commerce. in subsection (c)— in paragraph (4), by striking and at the end; in paragraph (5), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: to authorize and supervise the operations of United States nongovernmental entities in outer space, pursuant to chapter 801 of this title; and to facilitate and promote the development of best practices among operators of space objects to address substantial risks to the physical safety of Federal Government space objects, including the risk of on-orbit collisions. (1)In generalThe Office shall be headed; and (2)Direct reportThe Director shall report directly to the Secretary of Commerce.; and (6)to authorize and supervise the operations of United States nongovernmental entities in outer space, pursuant to chapter 801 of this title; and(7)to facilitate and promote the development of best practices among operators of space objects to address substantial risks to the physical safety of Federal Government space objects, including the risk of on-orbit collisions..

7. Space situational awareness Chapter 507 of title 51, United States Code, is amended by adding at the end the following new sections: In this section: The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code. The term not-for-profit organization means an organization that is described in section 501(c)(7) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code. The term space situational awareness means— the identification and characterization of space objects and orbital debris; and the understanding of the manner in which space objects and orbital debris behave in outer space. Pursuant to the authority provided in section 50702, the Director of the Office of Space Commerce shall— not later than one year after the date of the enactment of the Commercial Space Act of 2023, competitively award a cooperative agreement to an entity eligible under subsection (d) to establish a consortium to provide data, information, and services for space situational awareness; and coordinate with the heads of other relevant agencies to transfer unclassified space situational awareness data and information to the consortium established pursuant to paragraph (1). The Secretary may not promulgate regulations for space situational awareness or space traffic management. Except as provided in paragraph (3), to be eligible for a cooperative agreement under this section, an entity shall be a United States entity that is any of the following: An institution of higher education. A nonprofit organization. A not-for-profit organization. In awarding a cooperative agreement to any entity under this section, the Director shall consider, at a minimum, the following with respect to such entity: Demonstrated expertise in space situational awareness. Financial contributions, including non-Federal cost-sharing. Public-private collaboration experience. International coordination potential. An entity that is a federally funded research and development center is not an eligible entity for a cooperative agreement under this section. The entity awarded a cooperative agreement under subsection (b) shall seek consortium membership and participation from the following: Commercial entities. Other institutions of higher education, nonprofit organizations, or not-for-profit organizations. States. Political subdivisions of States. Governments of foreign countries. The entity awarded a cooperative agreement under subsection (b)(1) shall, in consultation with the consortium members specified in subsection (e)— provide publicly available data, information, and services for space situational awareness, including— a validated and synthesized catalog of space objects; and conjunction notifications; coordinate information sharing agreements between consortium members; seek broad consortium membership, participation, and information sharing from both domestic and international spacecraft operators and commercial and nongovernmental data providers; seek to maximize cost sharing and enable the commercialization of private sector products and services in order to promote a more robust commercial space situational awareness industry, including further privatization of space situational awareness services; facilitate opportunities for United States commercial entities to participate in and contribute to the consortium; and promote voluntary consensus standards and best practices for space situational awareness. The entity awarded the cooperative agreement under subsection (b)(1) shall be immune from any suit in any court for any cause of action arising from the provision or receipt of data, information, or services for space situational awareness pursuant to such cooperative agreement. There is authorized to be appropriated to the Office of Space Commerce $70,000,000 for fiscal year 2024 to carry out this chapter. The table of sections for chapter 507 of title 51, United States Code, is amended by inserting after the item relating to section 50703 the following new items: 50704.Space situational awareness(a)DefinitionsIn this section:(1)Institution of higher educationThe term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).(2)Nonprofit organizationThe term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code.(3)Not-for-profit organizationThe term not-for-profit organization means an organization that is described in section 501(c)(7) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code.(4)Space situational awarenessThe term space situational awareness means—(A)the identification and characterization of space objects and orbital debris; and(B)the understanding of the manner in which space objects and orbital debris behave in outer space.(b)AuthorityPursuant to the authority provided in section 50702, the Director of the Office of Space Commerce shall—(1)not later than one year after the date of the enactment of the Commercial Space Act of 2023, competitively award a cooperative agreement to an entity eligible under subsection (d) to establish a consortium to provide data, information, and services for space situational awareness; and(2)coordinate with the heads of other relevant agencies to transfer unclassified space situational awareness data and information to the consortium established pursuant to paragraph (1).(c)ProhibitionThe Secretary may not promulgate regulations for space situational awareness or space traffic management.(d)Eligible entities(1)In generalExcept as provided in paragraph (3), to be eligible for a cooperative agreement under this section, an entity shall be a United States entity that is any of the following:(A)An institution of higher education.(B)A nonprofit organization.(C)A not-for-profit organization.(2)ConsiderationsIn awarding a cooperative agreement to any entity under this section, the Director shall consider, at a minimum, the following with respect to such entity:(A)Demonstrated expertise in space situational awareness.(B)Financial contributions, including non-Federal cost-sharing.(C)Public-private collaboration experience.(D)International coordination potential.(3)ProhibitionAn entity that is a federally funded research and development center is not an eligible entity for a cooperative agreement under this section.(e)Consortium membershipThe entity awarded a cooperative agreement under subsection (b) shall seek consortium membership and participation from the following:(1)Commercial entities.(2)Other institutions of higher education, nonprofit organizations, or not-for-profit organizations.(3)States.(4)Political subdivisions of States.(5)Governments of foreign countries.(f)Consortium activitiesThe entity awarded a cooperative agreement under subsection (b)(1) shall, in consultation with the consortium members specified in subsection (e)—(1)provide publicly available data, information, and services for space situational awareness, including—(A)a validated and synthesized catalog of space objects; and(B)conjunction notifications;(2)coordinate information sharing agreements between consortium members;(3)seek broad consortium membership, participation, and information sharing from both domestic and international spacecraft operators and commercial and nongovernmental data providers;(4)seek to maximize cost sharing and enable the commercialization of private sector products and services in order to promote a more robust commercial space situational awareness industry, including further privatization of space situational awareness services;(5)facilitate opportunities for United States commercial entities to participate in and contribute to the consortium; and(6)promote voluntary consensus standards and best practices for space situational awareness.(g)ImmunityThe entity awarded the cooperative agreement under subsection (b)(1) shall be immune from any suit in any court for any cause of action arising from the provision or receipt of data, information, or services for space situational awareness pursuant to such cooperative agreement.50705.Authorization of appropriationsThere is authorized to be appropriated to the Office of Space Commerce $70,000,000 for fiscal year 2024 to carry out this chapter.. 50704. Space situational awareness.50705. Authorization of appropriations..

50704. Space situational awareness In this section: The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code. The term not-for-profit organization means an organization that is described in section 501(c)(7) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code. The term space situational awareness means— the identification and characterization of space objects and orbital debris; and the understanding of the manner in which space objects and orbital debris behave in outer space. Pursuant to the authority provided in section 50702, the Director of the Office of Space Commerce shall— not later than one year after the date of the enactment of the Commercial Space Act of 2023, competitively award a cooperative agreement to an entity eligible under subsection (d) to establish a consortium to provide data, information, and services for space situational awareness; and coordinate with the heads of other relevant agencies to transfer unclassified space situational awareness data and information to the consortium established pursuant to paragraph (1). The Secretary may not promulgate regulations for space situational awareness or space traffic management. Except as provided in paragraph (3), to be eligible for a cooperative agreement under this section, an entity shall be a United States entity that is any of the following: An institution of higher education. A nonprofit organization. A not-for-profit organization. In awarding a cooperative agreement to any entity under this section, the Director shall consider, at a minimum, the following with respect to such entity: Demonstrated expertise in space situational awareness. Financial contributions, including non-Federal cost-sharing. Public-private collaboration experience. International coordination potential. An entity that is a federally funded research and development center is not an eligible entity for a cooperative agreement under this section. The entity awarded a cooperative agreement under subsection (b) shall seek consortium membership and participation from the following: Commercial entities. Other institutions of higher education, nonprofit organizations, or not-for-profit organizations. States. Political subdivisions of States. Governments of foreign countries. The entity awarded a cooperative agreement under subsection (b)(1) shall, in consultation with the consortium members specified in subsection (e)— provide publicly available data, information, and services for space situational awareness, including— a validated and synthesized catalog of space objects; and conjunction notifications; coordinate information sharing agreements between consortium members; seek broad consortium membership, participation, and information sharing from both domestic and international spacecraft operators and commercial and nongovernmental data providers; seek to maximize cost sharing and enable the commercialization of private sector products and services in order to promote a more robust commercial space situational awareness industry, including further privatization of space situational awareness services; facilitate opportunities for United States commercial entities to participate in and contribute to the consortium; and promote voluntary consensus standards and best practices for space situational awareness. The entity awarded the cooperative agreement under subsection (b)(1) shall be immune from any suit in any court for any cause of action arising from the provision or receipt of data, information, or services for space situational awareness pursuant to such cooperative agreement.

8. NASA Space Situational Awareness Institute Chapter 315 of title 51, United States Code, is amended by amending section 31501 to read as follows: The Administrator, in conjunction with the heads of other Federal agencies, shall take steps to assess, develop, or acquire technologies that will decrease the risks associated with orbital debris. Subject to appropriations, the Administrator shall award a cooperative agreement to an eligible entity to establish a Space Situational Awareness Institute (in this section referred to as the Institute) to advance scientific, technological, and transdisciplinary research in space situational awareness. The Institute shall— conduct transdisciplinary research, development, and demonstration projects related to orbital mechanics, astrodynamics, and the detecting, tracking, identifying, characterizing, and modeling, of orbital debris and space objects to improve— space situational awareness and the development of open-architecture resources; the unique identification, tracking, classification, prediction, and modeling of orbital debris and space objects; the monitoring, quantification, assessment, modeling, and prediction of space operations and hazards, including in-space collisions; peer exchange and documentation of evidence-based practices for orbital debris mitigation and remediation; and sharing, modeling, and curation of data related to orbital debris and space objects; leverage non-Federal sources of support to improve space situational awareness and minimize space safety, security, and sustainability risks; draw on commercial capabilities and data, as appropriate; and coordinate with— NASA’s Orbital Debris Program Office located at the Johnson Space Center; NASA’s Conjunction Assessment and Risk Analysis program located at the Goddard Space Flight Center; the consortium established pursuant to section 50704; and any other government agencies as determined by the Administrator. To be eligible for a cooperative agreement under this section, an entity shall be led by any of the following: An institution of higher education. A nonprofit organization. A not-for-profit organization. The Institute shall seek to include membership from the following: Commercial entities. Federal laboratories. Other institutions of higher education, nonprofit organizations, or not-for-profit organizations. In awarding a cooperative agreement under this section, the Secretary shall consider, at a minimum the following: The potential to improve the science and technology of space situational awareness. The commitment of financial support, advice, participation, and other contributions from non-Federal sources. A cooperative agreement awarded under this section shall be awarded for a period of 10 years. Of the funds authorized to be appropriated to NASA for the Office of Safety and Mission Assurance, Agency Technical Authority, $10,000,000 is authorized to be appropriated to carry out this section for fiscal year 2024. In this section: The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code. The term not-for-profit organization means an organization that is described in section 501(c)(7) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code. The term space situational awareness means— the identification and characterization of space objects and orbital debris; and the understanding of the manner in which space objects and orbital debris behave in outer space. In the table of sections for chapter 315 of title 51, United States Code, the item relating to section 31501 is amended by inserting space situational awareness after debris. 31501.Orbital debris space situational awareness(a)Orbital debrisThe Administrator, in conjunction with the heads of other Federal agencies, shall take steps to assess, develop, or acquire technologies that will decrease the risks associated with orbital debris.(b)Space Situational Awareness Institute(1)In generalSubject to appropriations, the Administrator shall award a cooperative agreement to an eligible entity to establish a Space Situational Awareness Institute (in this section referred to as the Institute) to advance scientific, technological, and transdisciplinary research in space situational awareness.(2)PurposeThe Institute shall—(A)conduct transdisciplinary research, development, and demonstration projects related to orbital mechanics, astrodynamics, and the detecting, tracking, identifying, characterizing, and modeling, of orbital debris and space objects to improve—(i)space situational awareness and the development of open-architecture resources;(ii)the unique identification, tracking, classification, prediction, and modeling of orbital debris and space objects;(iii)the monitoring, quantification, assessment, modeling, and prediction of space operations and hazards, including in-space collisions;(iv)peer exchange and documentation of evidence-based practices for orbital debris mitigation and remediation; and(v)sharing, modeling, and curation of data related to orbital debris and space objects;(B)leverage non-Federal sources of support to improve space situational awareness and minimize space safety, security, and sustainability risks;(C)draw on commercial capabilities and data, as appropriate; and(D)coordinate with—(i)NASA’s Orbital Debris Program Office located at the Johnson Space Center; (ii)NASA’s Conjunction Assessment and Risk Analysis program located at the Goddard Space Flight Center;(iii)the consortium established pursuant to section 50704; and(iv)any other government agencies as determined by the Administrator.(3)Eligible entities(A)In generalTo be eligible for a cooperative agreement under this section, an entity shall be led by any of the following:(i)An institution of higher education.(ii)A nonprofit organization.(iii)A not-for-profit organization.(B)MembershipThe Institute shall seek to include membership from the following:(i)Commercial entities.(ii)Federal laboratories.(iii)Other institutions of higher education, nonprofit organizations, or not-for-profit organizations.(4)ConsiderationsIn awarding a cooperative agreement under this section, the Secretary shall consider, at a minimum the following:(A)The potential to improve the science and technology of space situational awareness.(B)The commitment of financial support, advice, participation, and other contributions from non-Federal sources.(5)Cooperative agreement periodA cooperative agreement awarded under this section shall be awarded for a period of 10 years.(6)AuthorizationOf the funds authorized to be appropriated to NASA for the Office of Safety and Mission Assurance, Agency Technical Authority, $10,000,000 is authorized to be appropriated to carry out this section for fiscal year 2024.(c)DefinitionsIn this section:(1)Institution of higher educationThe term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).(2)Nonprofit organizationThe term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code.(3)Not-for-profit organizationThe term not-for-profit organization means an organization that is described in section 501(c)(7) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code.(4)Space situational awarenessThe term space situational awareness means—(A)the identification and characterization of space objects and orbital debris; and(B)the understanding of the manner in which space objects and orbital debris behave in outer space..

9. Launch and reentry Chapter 509 of title 51, United States Code, is amended— in 50901— in subsection (a)(7), by striking to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States and inserting to protect the public health and safety or safety of property, prevent violations of the international obligations of the United States, and prevent substantial harm to the national security of the United States; and in subsection (b)(3), by striking , safety of property, and national security and foreign policy interests of the United States and inserting or safety of property, prevent violations of the international obligations of the United States, and prevent substantial harm to the national security of the United States; in 50904(c)— by striking , safety of property, or national security or foreign policy interests of the United States and inserting or safety of property, violate United States international obligations, or cause substantial harm to the national security of the United States; and by adding at the end the following: No launch or reentry may be prevented under this subsection on the basis of international obligations of the United States, including under the covered treaties on outer space (as such term is defined in section 80101) if the payload is included in certification under chapter 801.; in 50905— in subsection (a)(1)— in the second sentence, by striking Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the and inserting The; and by striking criteria established pursuant to subsection (b)(2)(D) each place it appears and inserting criteria established pursuant to subsection (b)(2)(E); in subsection (b)— in paragraph (2)(B), by striking , safety of property, national security interests, and foreign policy interest of the United States and inserting and safety of property, or to prevent a violation of United States international obligations, or to prevent substantial harm to the national security of the United States; in paragraph (2)(C), by striking , safety of property, national security interests, or foreign policy interests of the United States and inserting or safety of property, to prevent a violation of United States international obligations, or to prevent substantial harm to the national security of the United States; and in paragraph (3), in the first sentence, by striking , safety of property, and national security and foreign policy interests of the United States and inserting or safety of property, violate United States international obligations, or cause substantial harm to the national security of the United States; and in subsection (c)— in paragraph (5)— by striking 2016 and inserting 2024; and by striking 2021 and inserting 2031; by striking paragraph (6); by redesignating paragraphs (7) through (10) as paragraphs (6) through (9), respectively; in paragraph (6), as so redesignated, by striking each of 2018 and 2022 and inserting , 2031,; in paragraph (7), as so redesignated, by striking identified by the report under paragraph (6); in paragraph (8), as so redesignated, by striking January 1, 2024 and inserting October 1, 2031; and in paragraph (9), as so redesignated, by striking , safety of property, or national security or foreign policy interests of the United States and inserting or safety of property, to prevent a violation of United States international obligations, or to prevent substantial harm to the national security of the United States; in 50908(c)(2), by striking or a national security or foreign policy interest of the United States and inserting or to prevent a violation of the international obligations of the United States, or prevent substantial harm to the national security of the United States; in 50909(a), by striking , the safety of property, or a national security or foreign policy interest of the United States and inserting or the safety of property, violates an international obligation of the United States, or causes substantial harm to the national security of the United States; in 50914— in subsection (a)(5), by striking 2025 and inserting 2031; and in subsection (b)(1)(C), by striking 2025 and inserting 2031; in 50915— in subsection (a)(3)(B), by striking 2025 and inserting 2033; and in subsection (f), by striking 2025 and inserting 2033; in 50918— in subsection (a), in the second sentence— by striking of a national security interest and inserting of substantial harm to national security; and by striking foreign policy interest or obligation and inserting of any potential violations of the international obligations of the United States; and by adding at the end the following new subsection: The Secretary shall conclude any consultations described in this section not later than 120 days after receiving an application for a license submitted pursuant to this chapter. by adding at the end the following new section: No agency may prohibit the launch or operation of a private sector space object in order to comply with a treaty obligation that is not self-executing. The table of sections for chapter 509 of title 51, United States Code, is amended by adding at the end the following new item: (d)TimingThe Secretary shall conclude any consultations described in this section not later than 120 days after receiving an application for a license submitted pursuant to this chapter.; and 50924.ProhibitionNo agency may prohibit the launch or operation of a private sector space object in order to comply with a treaty obligation that is not self-executing.; and 50924. Prohibition..

50924. Prohibition No agency may prohibit the launch or operation of a private sector space object in order to comply with a treaty obligation that is not self-executing.

10. Report on registration of space objects Not later than one year after the date of the 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 pursuant to section 80110 of title 51, United States Code, as added by this Act, 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. The report required under subsection (a) shall include the following: 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 the Treaty and Convention. A description of any existing practices and procedures of the Federal Government for the registration of nongovernmental space objects. Recommendations on how the registration of space objects in the United States could be improved to benefit the United States, including by improving United States leadership in commercial space activities.

11. Commercial space launch and reentry accident investigations Congress finds that— safety oversight under existing law continues to encourage innovation and enables the United States to maintain leadership in space technology; several government agencies provide significant expertise in the conduct of commercial space launch or reentry mishap investigations; and commercial space launch and reentry is not a common carrier industry. It is the sense of Congress that— the commercial space launch and reentry investigation regime authorized under section 50917 of title 51, United States Code, is effective and should not be substantially modified; manufacturers and operators bring unique expertise and technical understanding to the commercial space launch and reentry investigation process; this regime is, and should remain, focused on protecting public safety and avoid regulating a nascent industry that continues to innovate; and pursuant to section 50917 of title 51, United States Code, other agencies should be allowed to participate, as appropriate, in commercial space launch and reentry investigations.

12. In-space servicing, assembly, and manufacturing It is the sense of Congress that— in-space servicing, assembly, and manufacturing capabilities are of vital importance to the United States; the Federal Government should continue to promote and foster the development of commercial, crewed and autonomous in-space servicing, assembly, and manufacturing capabilities; the Federal Government should cooperate and coordinate with private industry to develop and deploy in-space servicing, assembly, and manufacturing capabilities and utilize such capabilities for government missions as appropriate; and Federal agencies with space procurement authorities and strategies should be encouraged, as appropriate, to reduce any barriers in current federal government procurement policies that limit the acquisition of such technologies or the inclusion of such technologies in federal procurement strategies.

13. Space nuclear systems It is the sense of Congress that— the ability to use space nuclear power and propulsion systems safely, securely, and sustainably is a significant part of maintaining and advancing United States leadership in space; the United States should use all commercial means to safely and sustainably advance space exploration, including nuclear propulsion; the authorization for launches of spacecraft containing space nuclear systems should follow a three-tiered process based upon the characteristics of the system, as defined in the Presidential Memorandum on Launch of Spacecraft Containing Space Nuclear Systems (NSPM–20), issued on August 20, 2019; and licensing for in all three tiers for commercial launches of spacecraft containing space nuclear systems should be consistent with chapter 509 of title 51, United States Code. Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation, in coordination with the Interagency Nuclear Safety Review Board, shall submit to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Commercial Space Transportation Advisory Committee a report containing a proposal for the process for licensing the launch of commercial spacecraft containing space nuclear systems that includes the following: Any proposed nuclear safety analysis necessary to enable the launch of a commercial space nuclear system. Proposed requirements for indemnification and insurance. Not later than 180 days after the submission of the report under paragraph (1), the Commercial Space Transportation Advisory Committee 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 detailing industry and stakeholder perspectives on the report under paragraph (1).

14. Limitation on international agreements concerning outer space activities Chapter 307 of title 51, United States Code, is amended by adding at the end the following new section: If the United States becomes a signatory to a non-legally binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement, at the same time as the United States becomes such a signatory— the President shall submit to the appropriate congressional committees a certification that such agreement has no legally-binding effect or basis for limiting the activities of nongovernmental entities of the United States in outer space; and the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, and the Secretary of Transportation shall jointly submit to the appropriate congressional committees a certification that such agreement will be equitable, enhance the free exploration and use of outer space, and have no economically significant impact on the ability of United States nongovernmental entities to conduct activities in outer space. No action may be taken that would obligate the United States or United States nongovernmental entities to limit private sector activities in space except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause II of the Constitution or unless authorized by the enactment of further affirmative legislation by Congress. The Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, and the Secretary of Transportation shall jointly provide to the appropriate congressional committees regular, detailed briefings on the negotiation of any non-legally-binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement. The requirement to provide regular briefings on negotiations of an agreement under subparagraph (A) shall terminate on the date on which the United States becomes a signatory to such agreement referred to in subparagraph (A), or on the date on which the President certifies to Congress that the United States is no longer negotiating such an agreement, whichever is earlier. If the United States becomes a signatory to a non-legally binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement, not less than 60 days prior to any action that will obligate the United States to reduce or limit the activities of the United States or United States nongovernmental entities in space, the head of each department or agency of the Federal Government that is affected by such action shall submit to Congress notice of such action and the effect of such action on such department or agency, as well as the potential impact on United States nongovernmental entities. In this section, the term appropriate congressional committees means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The table of sections for chapter 307 of title 51, United States Code, is amended by inserting after the item relating to section 30704 the following new item: 30705.Limitation on international agreements concerning outer space activities(a)Certification requiredIf the United States becomes a signatory to a non-legally binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement, at the same time as the United States becomes such a signatory—(1)the President shall submit to the appropriate congressional committees a certification that such agreement has no legally-binding effect or basis for limiting the activities of nongovernmental entities of the United States in outer space; and(2)the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, and the Secretary of Transportation shall jointly submit to the appropriate congressional committees a certification that such agreement will be equitable, enhance the free exploration and use of outer space, and have no economically significant impact on the ability of United States nongovernmental entities to conduct activities in outer space.(b)Briefings and notifications required(1)Policy formulation with respect to outer spaceNo action may be taken that would obligate the United States or United States nongovernmental entities to limit private sector activities in space except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause II of the Constitution or unless authorized by the enactment of further affirmative legislation by Congress.(2)Briefings(A)In generalThe Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, and the Secretary of Transportation shall jointly provide to the appropriate congressional committees regular, detailed briefings on the negotiation of any non-legally-binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement.(B)Termination of requirementThe requirement to provide regular briefings on negotiations of an agreement under subparagraph (A) shall terminate on the date on which the United States becomes a signatory to such agreement referred to in subparagraph (A), or on the date on which the President certifies to Congress that the United States is no longer negotiating such an agreement, whichever is earlier.(3)NotificationsIf the United States becomes a signatory to a non-legally binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement, not less than 60 days prior to any action that will obligate the United States to reduce or limit the activities of the United States or United States nongovernmental entities in space, the head of each department or agency of the Federal Government that is affected by such action shall submit to Congress notice of such action and the effect of such action on such department or agency, as well as the potential impact on United States nongovernmental entities.(c)DefinitionIn this section, the term appropriate congressional committees means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.. 30705. Limitation on international agreements concerning outer space activities..

30705. Limitation on international agreements concerning outer space activities If the United States becomes a signatory to a non-legally binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement, at the same time as the United States becomes such a signatory— the President shall submit to the appropriate congressional committees a certification that such agreement has no legally-binding effect or basis for limiting the activities of nongovernmental entities of the United States in outer space; and the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, and the Secretary of Transportation shall jointly submit to the appropriate congressional committees a certification that such agreement will be equitable, enhance the free exploration and use of outer space, and have no economically significant impact on the ability of United States nongovernmental entities to conduct activities in outer space. No action may be taken that would obligate the United States or United States nongovernmental entities to limit private sector activities in space except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause II of the Constitution or unless authorized by the enactment of further affirmative legislation by Congress. The Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, and the Secretary of Transportation shall jointly provide to the appropriate congressional committees regular, detailed briefings on the negotiation of any non-legally-binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement. The requirement to provide regular briefings on negotiations of an agreement under subparagraph (A) shall terminate on the date on which the United States becomes a signatory to such agreement referred to in subparagraph (A), or on the date on which the President certifies to Congress that the United States is no longer negotiating such an agreement, whichever is earlier. If the United States becomes a signatory to a non-legally binding international agreement concerning an international code of conduct or norms of behavior for outer space activities or any similar agreement, not less than 60 days prior to any action that will obligate the United States to reduce or limit the activities of the United States or United States nongovernmental entities in space, the head of each department or agency of the Federal Government that is affected by such action shall submit to Congress notice of such action and the effect of such action on such department or agency, as well as the potential impact on United States nongovernmental entities. In this section, the term appropriate congressional committees means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.