No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6131 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6131
To amend title 51, United States Code, to update government oversight
of commercial space activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2023
Mr. Babin (for himself, Mr. Lucas, Mr. Posey, Mr. Mike Garcia of
California, Mr. Obernolte, and Ms. Tenney) introduced the following
bill; which was referred to the Committee on Science, Space, and
Technology
_______________________________________________________________________
A BILL
To amend title 51, United States Code, to update government oversight
of commercial space activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Commercial Space
Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy; purposes; definitions.
Sec. 3. Certification to operate space objects.
Sec. 4. Administrative provisions related to certification.
Sec. 5. Technical and conforming amendments.
Sec. 6. Office of Space Commerce.
Sec. 7. Space situational awareness.
Sec. 8. NASA Space Situational Awareness Institute.
Sec. 9. Launch and reentry.
Sec. 10. Report on registration of space objects.
Sec. 11. Commercial space launch and reentry accident investigations.
Sec. 12. In-space servicing, assembly, and manufacturing.
Sec. 13. Space nuclear systems.
Sec. 14. Limitation on international agreements concerning outer space
activities.
SEC. 2. FINDINGS; POLICY; PURPOSES; DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) The United States, through existing authorization and
supervision mechanisms, satisfies and is in conformity with its
obligation under the Outer Space Treaty to authorize and
supervise nongovernmental space activities to assure such
activities are carried out in conformity with the international
obligations of the United States pertaining to nongovernmental
entities under the Outer Space Treaty.
(2) The United States has a robust and innovative private
sector that is investing in, developing, and placing into outer
space, spacecraft and payloads.
(3) Authorization and supervision mechanisms 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.
(4) 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.
(5) The exploration and use of outer space by
nongovernmental entities will further the national security,
foreign policy, and economic interests of the United States.
(b) Policy.--It is the policy of the United States that--
(1) United States citizens and entities are free to explore
and use outer space, including through the utilization of outer
space and resources contained therein;
(2) 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;
(3) 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
(4) 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.
(c) Purposes.--The purposes of this Act and the amendments made by
this Act are--
(1) to enhance the existing outer space authorization and
supervision framework 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
(2) to ensure that the United States remains the world
leader in commercial space activities.
(d) Definitions.--In this Act--
(1) Agreement on the rescue of astronauts and the return of
space objects.--the term ``Agreement on the Rescue of
Astronauts and the Return of Space Objects'' means the
Agreement on the Rescue of Astronauts, the Return of Astronauts
and the Return of Objects Launched into Outer Space (signed at
Washington, Moscow, and London on April 22, 1968, ratified by
the United States on December 3, 1968; 19 UST 7570).
(2) Convention on registration of space objects.--the term
``Convention on Registration of Space Objects'' means the
Convention on Registration of Objects Launched into Outer Space
(signed at New York on January 14, 1975, ratified by the United
States on September 15, 1976; 28 UST 695).
(3) Covered treaties on outer space.--the 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.
(4) 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).
(5) Outer space treaty.--The term ``Outer Space Treaty''
means the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies (signed at Washington, Moscow,
and London on January 27, 1967, ratified by the United States
on October 10, 1967; 18 UST 2410).
SEC. 3. CERTIFICATION TO OPERATE SPACE OBJECTS.
Title 51, United States Code, is amended by adding at the end the
following:
``Subtitle VIII--Authorization and Supervision of Nongovernmental Space
Activities
``CHAPTER 801--CERTIFICATION TO OPERATE SPACE OBJECTS
``Sec.
``80101. Definitions.
``80102. Certification authority.
``80103. Certification application and requirements.
``80104. Mitigation of space debris.
``80105. 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.
``Sec. 80101. Definitions
``In this subtitle:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5.
``(2) Agreement on the rescue of astronauts and the return
of space objects.--The term `Agreement on the Rescue of
Astronauts and the Return of Space Objects' means the Agreement
on the Rescue of Astronauts, the Return of Astronauts and the
Return of Objects Launched into Outer Space (signed at
Washington, Moscow, and London on April 22, 1968, ratified by
the United States on December 3, 1968; 19 UST 7570).
``(3) Convention on registration of space objects.--The
term `Convention on Registration of Space Objects' means the
Convention on Registration of Objects Launched into Outer Space
(signed at New York on January 14, 1975, ratified by the United
States on September 15, 1976; 28 UST 695).
``(4) Covered treaties on outer space.--The term `covered
treaties on outer space' means 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 convention.--The term `Liability
Convention' means the Convention on the International Liability
for Damage Caused by Space Objects (signed at Washington,
Moscow, and London on March 29, 1972, ratified by the United
States on October 9, 1973; 24 UST 2389).
``(6) National of the united states.--The term `national of
the United States' has the meaning given such term in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
``(7) Outer space treaty.--The term `Outer Space Treaty'
means the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies (signed at Washington, Moscow,
and London on January 27, 1967, ratified by the United States
on October 10, 1967; 18 UST 2410).
``(8) Secretary.--The term `Secretary' means, except as
otherwise provided in this subtitle, the Secretary of Commerce,
acting through the Office of Space Commerce.
``(9) Space debris mitigation.--The 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 general.--The term `space object' means--
``(i) a human-made object located in outer
space, including on the Moon and other
celestial bodies, with or without human
occupants, that was launched from Earth, such
as a 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) Inclusion.--Such 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) Exclusions.--Such term does not include--
``(i) an article on board a space object
that is only intended for use inside the space
object;
``(ii) an article manufactured or processed
in outer space that is a material; or
``(iii) an article intended for use outside
of a space object as part of the certified
operations of the space object.
``(11) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and any other commonwealth, territory, or possession
of the United States.
``(12) United states.--The term `United States' means the
States, collectively.
``(13) United states entity.--The term `United States
entity' means--
``(A) an individual who is a national of the United
States; or
``(B) a nongovernmental entity organized or
existing under, and subject to, the laws of the United
States or a State.
``Sec. 80102. Certification authority
``(a) In General.--Not later than 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) Consultation.--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.
``(c) Certification Required for Operation.--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--
``(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 Prohibited.--The Secretary may not issue a
certification under this chapter to any entity that is not a United
States entity.
``(e) Coverage of Certification.--The 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.
``Sec. 80103. Certification application and requirements
``(a) Application.--
``(1) In general.--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.
``(2) Items.--An application described in paragraph (1)
shall include only the following information, with respect to
each space object and the operations proposed to be certified:
``(A) The name, address, and contact information of
one or more nationals of the United States designated
by the applicant as responsible for the operation of
the space object.
``(B) An affirmation, and a document of proof, that
the applicant is a United States entity.
``(C) If available at the time of submission of the
application, the planned date and location of the
launch of the space object, 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) Attestations.--An application described in paragraph
(1) shall contain an attestation by the applicant of each the
following:
``(A) The space object is not a nuclear weapon or a
weapon of mass destruction.
``(B) The space object will not carry a nuclear
weapon or weapon of mass destruction.
``(C) The space object will not be operated 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 attestations.--Not
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) Determination.--Not 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 general.--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.
``(B) Response.--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.
``(C) Review.--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.
``(D) Limitation.--The Secretary may not issue more
than one notification under this paragraph for each
application.
``(4) Tolling.--The Secretary may not allow tolling of the
60-day period set forth in this subsection, except as specified
in paragraph (3).
``(5) Automatic approval.--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.
``(6) Subsequent review.--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.
``(c) Compliance With the Outer Space Treaty.--
``(1) In general.--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--
``(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 determinations.--A determination under
paragraph (1) shall be limited as follows:
``(A) The Federal Government shall interpret and
fulfill its international obligations under the Outer
Space Treaty in a manner that minimizes regulations and
limitations on the freedom of United States
nongovernmental entities to explore and use space.
``(B) The Federal Government shall interpret and
fulfill its international obligations under the Outer
Space Treaty in a manner that promotes free enterprise
in outer space.
``(C) The Federal Government 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) Presumptions.--In making a determination under
paragraph (1), the Secretary shall presume, absent clear and
convincing evidence to the contrary, that--
``(A) any attestation made by an applicant pursuant
to subsection (a)(3) is sufficient to meet the
international obligations of the United States
pertaining to nongovernmental entities of the United
States under the Outer Space Treaty addressed by such
attestation; and
``(B) reasonably commercially available efforts 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 conditions.--The 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) Nondelegable.--The responsibilities of the Secretary
under this subsection may not be delegated, including to the
Office of Space Commerce.
``(d) Authority To Remove Conditions.--The Secretary, as determined
appropriate, may remove from a certification a condition placed on
operations of a space object pursuant to subsection (c)(1)(A).
``Sec. 80104. Mitigation of space debris
``(a) Plan Submission.--To be eligible for a certification under
this chapter, each application shall include a space debris mitigation
plan for the space object, 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) Implementation.--To the maximum extent practicable, a holder
of a certification under this chapter shall notify the Secretary not
later than 30 days before beginning to implement the disposal phase of
a space debris mitigation plan 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.
``Sec. 80105. Liability
``(a) In General.--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.
``(b) Implementation.--The Secretary shall implement the agreement
described in subsection (a) on behalf of the United States.
``Sec. 80106. Continuing certification requirements
``(a) Notification Requirement.--A certification holder shall, in a
timely manner, notify the Secretary if--
``(1) a certified space object has terminated operations;
or
``(2) a 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 change.--The 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 certification.--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.
``Sec. 80107. Certification transfer
``(a) In General.--Subject to subsections (b) and (c), the
Secretary shall provide for the transfer of a certification under this
chapter from the certification holder to another United States entity
to continue the operations allowed under such certification.
``(b) Transfer Request Requirements.--To be eligible for a transfer
under subsection (a), the certification holder shall submit to the
Secretary a request that includes 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) Determination.--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).
``Sec. 80108. Certification expiration and termination
``(a) Certification Expiration.--A 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 general.--The Secretary shall terminate a
certification under this chapter if an applicant or
certification holder is convicted of a violation of section
1001 of title 18 related to the certification process under
this chapter.
``(2) Eligibility.--A certification holder whose
certification is terminated under this subsection shall be
ineligible to apply for or receive a certification under this
chapter.
``(3) Space debris mitigation plan.--Upon termination of a
certification under paragraph (1), the Secretary may require
the certification holder to carry out the disposal phase of the
space debris mitigation plan submitted by the certification
holder under section 80103(a)(2).
``Sec. 80109. Existing license or pending application for space object
operations
``(a) Continuation of Existing License.--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--
``(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 License.--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--
``(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 License.--In 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 Date.--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.
``Sec. 80110. Private Space Activity Advisory Committee
``(a) Establishment.--The Secretary shall establish a Private Space
Activity Advisory Committee (in this section referred to as the
`Committee').
``(b) Chair.--The Committee shall designate one member as the chair
of the Committee for one year.
``(c) Membership.--The 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) Limitation.--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.
``(e) Travel Expenses.--Members of the Committee shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with the applicable provisions under subchapter I of chapter
57 of title 5.
``(f) Qualifications.--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.
``(g) Terms.--Each 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) Duties.--The 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 Report.--The Committee shall submit to Congress, the
President, and the Secretary an annual report that includes the
information, analysis, findings, and recommendations described in
subsection (h).
``(j) Sunset.--The Committee shall terminate on the date that is 20
years after the date on which the Committee is established.
``Sec. 80111. Exemptions
``A 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.).''.
SEC. 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:
``CHAPTER 802--ADMINISTRATIVE PROVISIONS RELATED TO CERTIFICATION
``80201. 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.
``Sec. 80201. Administrative authority
``(a) Functions.--In 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 Action.--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.
``(c) No Cost for Certification.--The 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 Conditions.--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.
``(e) FOIA Exemption.--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.
``(f) Limitation on Exceptions to Administrative Procedures.--The
exceptions under section 553(a)(1), section 553(b)(B), or section
554(a)(4) of title 5 shall not apply with respect to a certification
under this subtitle.
``Sec. 80202. Consultation
``(a) Sense of Congress.--It 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) Review.--Not later than 30 days after the Secretary issues a
certification under chapter 801, the Secretary shall review the
operations of any space objects covered by the certification to
determine whether the interaction between such operations and the
operations of a Federal Government space object present a substantial
risk to the physical safety of a space object operated by either party.
``(c) Requirement To Participate in Consultation.--If the Secretary
makes a determination that a substantial risk identified under
subsection (b) exists, the Secretary may require that the certification
holder participate in a consultation under this section.
``(d) Parties to a Consultation.--
``(1) In general.--A consultation under this section may be
held, with respect to a substantial safety risk identified
under subsection (b), between--
``(A) a certification holder responsible for the
certified space object operations; and
``(B) any entity of the Federal Government
operating a potentially affected space object.
``(2) Participation.--The Secretary may not impose any
requirement on a party pursuant to participation in the
consultation.
``(e) Mitigation of Safety Risk.--In carrying out a consultation,
the Secretary shall--
``(1) facilitate a discussion among the parties to the
consultation;
``(2) encourage a mutual understanding of the safety risk;
and
``(3) encourage, to the maximum extent practicable,
voluntary agreements between the parties to the consultation to
improve the physical safety of affected space object operations
or mitigate the physical safety risk.
``(f) Duration of Consultation; Notice.--Not later than 90 days
after the Secretary requires a consultation under this section, the
Secretary shall--
``(1) complete all activities related to the consultation;
and
``(2) submit to Congress a written notification with
respect to such consultation, that includes--
``(A) the names of each party to the consultation;
``(B) a description of the physical safety risk at
issue;
``(C) whether any voluntary agreement was made by
the parties; and
``(D) the content of any such agreement.
``(g) Rule of Construction.--Nothing in this section 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.
``Sec. 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.
``Sec. 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:
``(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.
``Sec. 80205. Limitation on certain agency supervision
``(a) In General.--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.
``(b) Agreement Limitations.--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.
``Sec. 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.
``Sec. 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.
``Sec. 80208. Global commons
``Notwithstanding any other provision of law, outer space may not
be considered a global commons.
``Sec. 80209. Regulatory authority
``(a) In General.--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.
``(b) Reducing Regulatory Burden.--In issuing regulations to carry
out this subtitle, the Secretary shall avoid, to the maximum extent
practicable, the placement of inconsistent, duplicative, or otherwise
burdensome requirements on the operations of United States
nongovernmental entities in outer space.
``Sec. 80210. Consultation with relevant agencies
``(a) In General.--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.
``(b) Exclusive Authority of the Secretary.--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.''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Chapters.--The table of chapters of title 51, United
States Code, is amended by adding at the end the following:
``Subtitle VIII--Authorization and Supervision of Nongovernmental Space
Activities
``801. Certification to Operate Space Objects............... 80101
``802. Administrative Provisions Related to Certification... 80201''.
(b) Repeals.--
(1) In general.--Title 51, United States Code, is amended
as follows:
(A) Subchapter III of chapter 601 is repealed.
(B) The table of sections for chapter 601 is
amended by striking the items relating to subchapter
III.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is one year after the date
of the enactment of this Act.
(c) Technical Corrections.--Title 51, United States Code, is
amended--
(1) in section 20302(c)(2), by striking ``means has the
meaning'' and inserting ``has the meaning'';
(2) in section 50702(c)(5), by striking ``Space-Based
Position'' and inserting ``Space-Based Positioning''; and
(3) in section 71102(1), by striking ``tracking device''
and inserting ``tracking device to''.
SEC. 6. OFFICE OF SPACE COMMERCE.
Section 50702 of title 51, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``The Office shall be headed'' and
inserting the following:
``(1) In general.--The Office shall be headed''; and
(B) by adding at the end the following:
``(2) Direct report.--The Director shall report directly to
the Secretary of Commerce.''; and
(2) in subsection (c)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(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.''.
SEC. 7. SPACE SITUATIONAL AWARENESS.
(a) In General.--Chapter 507 of title 51, United States Code, is
amended by adding at the end the following new sections:
``Sec. 50704. Space situational awareness
``(a) Definitions.--In this section:
``(1) Institution of higher education.--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)).
``(2) Nonprofit organization.--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.
``(3) Not-for-profit organization.--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.
``(4) Space situational awareness.--The 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) Authority.--Pursuant 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) Prohibition.--The Secretary may not promulgate regulations
for space situational awareness or space traffic management.
``(d) Eligible Entities.--
``(1) In general.--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:
``(A) An institution of higher education.
``(B) A nonprofit organization.
``(C) A not-for-profit organization.
``(2) Considerations.--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:
``(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) Prohibition.--An entity that is a federally funded
research and development center is not an eligible entity for a
cooperative agreement under this section.
``(e) Consortium Membership.--The 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 Activities.--The 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) Immunity.--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.
``Sec. 50705. Authorization of appropriations
``There is authorized to be appropriated to the Office of Space
Commerce $70,000,000 for fiscal year 2024 to carry out this chapter.''.
(b) Technical and Conforming Amendment.--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.
``50705. Authorization of appropriations.''.
SEC. 8. NASA SPACE SITUATIONAL AWARENESS INSTITUTE.
(a) In General.--Chapter 315 of title 51, United States Code, is
amended by amending section 31501 to read as follows:
``Sec. 31501. Orbital debris space situational awareness
``(a) Orbital Debris.--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.
``(b) Space Situational Awareness Institute.--
``(1) In general.--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.
``(2) Purpose.--The 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 general.--To 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) Membership.--The 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) Considerations.--In 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 period.--A cooperative
agreement awarded under this section shall be awarded for a
period of 10 years.
``(6) Authorization.--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.
``(c) Definitions.--In this section:
``(1) Institution of higher education.--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)).
``(2) Nonprofit organization.--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.
``(3) Not-for-profit organization.--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.
``(4) Space situational awareness.--The 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) Technical and Conforming Amendment.--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''.
SEC. 9. LAUNCH AND REENTRY.
(a) In General.--Chapter 509 of title 51, United States Code, is
amended--
(1) in 50901--
(A) 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
(B) 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'';
(2) in 50904(c)--
(A) 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
(B) 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.'';
(3) in 50905--
(A) in subsection (a)(1)--
(i) 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
(ii) by striking ``criteria established
pursuant to subsection (b)(2)(D)'' each place
it appears and inserting ``criteria established
pursuant to subsection (b)(2)(E)'';
(B) in subsection (b)--
(i) 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'';
(ii) 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
(iii) 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
(C) in subsection (c)--
(i) in paragraph (5)--
(I) by striking ``2016'' and
inserting ``2024''; and
(II) by striking ``2021'' and
inserting ``2031'';
(ii) by striking paragraph (6);
(iii) by redesignating paragraphs (7)
through (10) as paragraphs (6) through (9),
respectively;
(iv) in paragraph (6), as so redesignated,
by striking ``each of 2018 and 2022'' and
inserting ``, 2031,'';
(v) in paragraph (7), as so redesignated,
by striking ``identified by the report under
paragraph (6)'';
(vi) in paragraph (8), as so redesignated,
by striking ``January 1, 2024'' and inserting
``October 1, 2031''; and
(vii) 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'';
(5) 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'';
(6) 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'';
(7) in 50914--
(A) in subsection (a)(5), by striking ``2025'' and
inserting ``2031''; and
(B) in subsection (b)(1)(C), by striking ``2025''
and inserting ``2031'';
(8) in 50915--
(A) in subsection (a)(3)(B), by striking ``2025''
and inserting ``2033''; and
(B) in subsection (f), by striking ``2025'' and
inserting ``2033'';
(9) in 50918--
(A) in subsection (a), in the second sentence--
(i) by striking ``of a national security
interest'' and inserting ``of substantial harm
to national security''; and
(ii) by striking ``foreign policy interest
or obligation'' and inserting ``of any
potential violations of the international
obligations of the United States''; and
(B) by adding at the end the following new
subsection:
``(d) Timing.--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.''; and
(10) by adding at the end the following new section:
``Sec. 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.''; and
(b) Clerical Amendment.--The table of sections for chapter 509 of
title 51, United States Code, is amended by adding at the end the
following new item:
``50924. Prohibition.''.
SEC. 10. REPORT ON REGISTRATION OF SPACE OBJECTS.
(a) In General.--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.
(b) Contents of Report.--The report required under subsection (a)
shall include the following:
(1) An identification of the practices and procedures among
countries that are members of the Outer Space Treaty and the
Convention on Registration of Space Objects in implementing and
complying with the registration obligations contained in the
the Treaty and Convention.
(2) A description of any existing practices and procedures
of the Federal Government for the registration of
nongovernmental space objects.
(3) 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.
SEC. 11. COMMERCIAL SPACE LAUNCH AND REENTRY ACCIDENT INVESTIGATIONS.
(a) Findings.--Congress finds that--
(1) safety oversight under existing law continues to
encourage innovation and enables the United States to maintain
leadership in space technology;
(2) several government agencies provide significant
expertise in the conduct of commercial space launch or reentry
mishap investigations; and
(3) commercial space launch and reentry is not a common
carrier industry.
(b) Sense of Congress.--It is the sense of Congress that--
(1) 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;
(2) manufacturers and operators bring unique expertise and
technical understanding to the commercial space launch and
reentry investigation process;
(3) this regime is, and should remain, focused on
protecting public safety and avoid regulating a nascent
industry that continues to innovate; and
(4) 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.
SEC. 12. IN-SPACE SERVICING, ASSEMBLY, AND MANUFACTURING.
It is the sense of Congress that--
(1) in-space servicing, assembly, and manufacturing
capabilities are of vital importance to the United States;
(2) the Federal Government should continue to promote and
foster the development of commercial, crewed and autonomous in-
space servicing, assembly, and manufacturing capabilities;
(3) 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
(4) 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.
SEC. 13. SPACE NUCLEAR SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) 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;
(2) the United States should use all commercial means to
safely and sustainably advance space exploration, including
nuclear propulsion;
(3) 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
(4) 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.
(b) Reports.--
(1) By secretary of transportation.--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:
(A) Any proposed nuclear safety analysis necessary
to enable the launch of a commercial space nuclear
system.
(B) Proposed requirements for indemnification and
insurance.
(2) By commercial space transportation advisory
committee.--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).
SEC. 14. LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING OUTER SPACE
ACTIVITIES.
(a) In General.--Chapter 307 of title 51, United States Code, is
amended by adding at the end the following new section:
``Sec. 30705. Limitation on international agreements concerning outer
space activities
``(a) Certification Required.--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--
``(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 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.
``(2) Briefings.--
``(A) In general.--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.
``(B) Termination of requirement.--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.
``(3) Notifications.--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.
``(c) Definition.--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.''.
(b) Technical and Conforming Amendment.--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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science, Space, and Technology.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 17.
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