I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Commercial Space Act of 2023’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 

1 SEC. 2. FINDINGS; POLICY; PURPOSES; DEFINITIONS. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The United States, through existing author4 ization and supervision mechanisms, satisfies and is 

5 in conformity with its obligation under the Outer 

6 Space Treaty to authorize and supervise nongovern7 mental space activities to assure such activities are 

8 carried out in conformity with the international obli9 gations of the United States pertaining to non10 governmental entities under the Outer Space Treaty. 

11 (2) The United States has a robust and innova12 tive private sector that is investing in, developing, 

13 and placing into outer space, spacecraft and pay14 loads. 

15 (3) Authorization and supervision mechanisms 

16 for nongovernmental activities in outer space that 

17 exist as of the date of the enactment of this Act 

18 could be improved to relieve administrative burdens 

19 on nongovernmental space entities. 


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1 (4) It serves the national interest to address 

2 misperceptions of legal uncertainty through the es3 tablishment of a general authorization and super4 vision certification for outer space activities carried 

5 on by nongovernmental entities. 

6 (5) The exploration and use of outer space by 

7 nongovernmental entities will further the national 

8 security, foreign policy, and economic interests of 

9 the United States. 

10 (b) POLICY.—It is the policy of the United States 

11 that— 

12 (1) United States citizens and entities are free 

13 to explore and use outer space, including through 

14 the utilization of outer space and resources con15 tained therein; 

16 (2) to the maximum extent practicable, the 

17 Federal Government shall interpret and fulfill 

18 United States international obligations in a manner 

19 that minimizes regulations and limitations on the 

20 freedom of United States nongovernmental entities 

21 to explore and use outer space; 

22 (3) to the maximum extent practicable, the 

23 Federal Government shall take steps to protect the 

24 physical safety of space objects operated by the Fed25 eral Government that do not involve limitations on 


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1 the freedoms of nongovernmental entities of the 

2 United States; and 

3 (4) nongovernmental activities in outer space 

4 shall only be authorized and supervised in manner 

5 that is transparent, timely, and predictable, and that 

6 places minimal costs and burdens on the authorized 

7 and supervised nongovernmental entities. 

8 (c) PURPOSES.—The purposes of this Act and the 

9 amendments made by this Act are— 

10 (1) to enhance the existing outer space author11 ization and supervision framework of the Federal 

12 Government to increase transparency and efficiency, 

13 and to reduce the administrative burden for non14 governmental entities of the United States seeking 

15 to conduct space activities; and 

16 (2) to ensure that the United States remains 

17 the world leader in commercial space activities. 

18 (d) DEFINITIONS.—In this Act— 

19 (1) AGREEMENT ON THE RESCUE OF ASTRO20 NAUTS AND THE RETURN OF SPACE OBJECTS.—the 

21 term ‘‘Agreement on the Rescue of Astronauts and 

22 the Return of Space Objects’’ means the Agreement 

23 on the Rescue of Astronauts, the Return of Astro24 nauts and the Return of Objects Launched into 

25 Outer Space (signed at Washington, Moscow, and 


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1 London on April 22, 1968, ratified by the United 

2 States on December 3, 1968; 19 UST 7570). 

3 (2) CONVENTION ON REGISTRATION OF SPACE

4 OBJECTS.—the term ‘‘Convention on Registration of 

5 Space Objects’’ means the Convention on Registra6 tion of Objects Launched into Outer Space (signed 

7 at New York on January 14, 1975, ratified by the 

8 United States on September 15, 1976; 28 UST 

9 695). 

10 (3) COVERED TREATIES ON OUTER SPACE.—the 

11 term ‘‘covered treaties on outer space’’ means the 

12 following: 

13 (A) The Outer Space Treaty. 

14 (B) The Agreement on the Rescue of As15 tronauts and the Return of Space Objects. 

16 (C) The Convention on Registration of 

17 Space Objects. 

18 (D) The Liability Convention. 

19 (4) LIABILITY CONVENTION.—The term ‘‘Li20 ability Convention’’ means the Convention on the 

21 International Liability for Damage Caused by Space 

22 Objects (signed at Washington, Moscow, and Lon23 don on March 29, 1972, ratified by the United 

24 States on October 9, 1973; 24 UST 2389). 


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1 (5) OUTER SPACE TREATY.—The term ‘‘Outer 

2 Space Treaty’’ means the Treaty on Principles Gov3 erning the Activities of States in the Exploration 

4 and Use of Outer Space, including the Moon and 

5 Other Celestial Bodies (signed at Washington, Mos6 cow, and London on January 27, 1967, ratified by 

7 the United States on October 10, 1967; 18 UST 

8 2410). 

9 SEC. 3. CERTIFICATION TO OPERATE SPACE OBJECTS. 

10 Title 51, United States Code, is amended by adding 

11 at the end the following: 

12 ‘‘Subtitle VIII—Authorization and 

13 Supervision of Nongovern14 mental Space Activities 

15 ‘‘CHAPTER 801—CERTIFICATION TO 

16 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. 

17 ‘‘§ 80101. Definitions 

18 ‘‘In this subtitle: 


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1 ‘‘(1) AGENCY.—The term ‘agency’ has the 

2 meaning given the term ‘Executive agency’ in section 

3 105 of title 5. 

4 ‘‘(2) AGREEMENT ON THE RESCUE OF ASTRO5 NAUTS AND THE RETURN OF SPACE OBJECTS.—The 

6 term ‘Agreement on the Rescue of Astronauts and 

7 the Return of Space Objects’ means the Agreement 

8 on the Rescue of Astronauts, the Return of Astro9 nauts and the Return of Objects Launched into 

10 Outer Space (signed at Washington, Moscow, and 

11 London on April 22, 1968, ratified by the United 

12 States on December 3, 1968; 19 UST 7570). 

13 ‘‘(3) CONVENTION ON REGISTRATION OF SPACE

14 OBJECTS.—The term ‘Convention on Registration of 

15 Space Objects’ means the Convention on Registra16 tion of Objects Launched into Outer Space (signed 

17 at New York on January 14, 1975, ratified by the 

18 United States on September 15, 1976; 28 UST 

19 695). 

20 ‘‘(4) COVERED TREATIES ON OUTER SPACE.— 

21 The term ‘covered treaties on outer space’ means the 

22 following: 

23 ‘‘(A) The Outer Space Treaty. 

24 ‘‘(B) The Agreement on the Rescue of As25 tronauts and the Return of Space Objects. 


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1 ‘‘(C) The Convention on Registration of 

2 Space Objects. 

3 ‘‘(D) The Liability Convention. 

4 ‘‘(5) LIABILITY CONVENTION.—The term ‘Li5 ability Convention’ means the Convention on the 

6 International Liability for Damage Caused by Space 

7 Objects (signed at Washington, Moscow, and Lon8 don on March 29, 1972, ratified by the United 

9 States on October 9, 1973; 24 UST 2389). 

10 ‘‘(6) NATIONAL OF THE UNITED STATES.—The 

11 term ‘national of the United States’ has the meaning 

12 given such term in section 101(a) of the Immigra13 tion and Nationality Act (8 U.S.C. 1101(a)). 

14 ‘‘(7) OUTER SPACE TREATY.—The term ‘Outer 

15 Space Treaty’ means the Treaty on Principles Gov16 erning the Activities of States in the Exploration 

17 and Use of Outer Space, including the Moon and 

18 Other Celestial Bodies (signed at Washington, Mos19 cow, and London on January 27, 1967, ratified by 

20 the United States on October 10, 1967; 18 UST 

21 2410). 

22 ‘‘(8) SECRETARY.—The term ‘Secretary’ 

23 means, except as otherwise provided in this subtitle, 

24 the Secretary of Commerce, acting through the Of25 fice of Space Commerce. 


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1 ‘‘(9) SPACE DEBRIS MITIGATION.—The term 

2 ‘space debris mitigation’ means efforts to— 

3 ‘‘(A) prevent on-orbit break-ups; 

4 ‘‘(B) remove space objects that have 

5 reached the end of their mission operation from 

6 useful, densely-populated orbit regions; or 

7 ‘‘(C) limit the amount of debris released 

8 during normal operations of a space object. 

9 ‘‘(10) SPACE OBJECT.— 

10 ‘‘(A) IN GENERAL.—The term ‘space ob11 ject’ means— 

12 ‘‘(i) a human-made object located in 

13 outer space, including on the Moon and 

14 other celestial bodies, with or without 

15 human occupants, that was launched from 

16 Earth, such as a payload or a spacecraft, 

17 including component parts of such object; 

18 or 

19 ‘‘(ii) any item carried on such object 

20 that is intended for use in outer space out21 side of, and independent of, the operation 

22 of such carrying object. 

23 ‘‘(B) INCLUSION.—Such term also means 

24 any human-made object that is— 


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1 ‘‘(i) manufactured or assembled in 

2 outer space; and 

3 ‘‘(ii) intended for operations in outer 

4 space outside of, and independent of, the 

5 operations of such object in which the 

6 manufacturing or assembly occurred. 

7 ‘‘(C) EXCLUSIONS.—Such term does not 

8 include— 

9 ‘‘(i) an article on board a space object 

10 that is only intended for use inside the 

11 space object; 

12 ‘‘(ii) an article manufactured or proc13 essed in outer space that is a material; or 

14 ‘‘(iii) an article intended for use out15 side of a space object as part of the cer16 tified operations of the space object. 

17 ‘‘(11) STATE.—The term ‘State’ means each of 

18 the several States of the United States, the District 

19 of Columbia, the Commonwealth of Puerto Rico, the 

20 United States Virgin Islands, Guam, American 

21 Samoa, the Commonwealth of the Northern Mariana 

22 Islands, and any other commonwealth, territory, or 

23 possession of the United States. 

24 ‘‘(12) UNITED STATES.—The term ‘United 

25 States’ means the States, collectively. 


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1 ‘‘(13) UNITED STATES ENTITY.—The term 

2 ‘United States entity’ means— 

3 ‘‘(A) an individual who is a national of the 

4 United States; or 

5 ‘‘(B) a nongovernmental entity organized 

6 or existing under, and subject to, the laws of 

7 the United States or a State. 

8 ‘‘§ 80102. Certification authority 

9 ‘‘(a) IN GENERAL.—Not later than one year after the 

10 date of the enactment of the Commercial Space Act of 

11 2023, the Secretary shall begin issuing certifications for 

12 the operation of a space object to any United States entity 

13 that submits an application for such a certification in sat14 isfaction of the requirements of this chapter. 

15 ‘‘(b) CONSULTATION.—The Secretary may, as the 

16 Secretary considers necessary, consult with the heads of 

17 other relevant agencies in carrying out the requirements 

18 of this chapter, pursuant to section 80210. 

19 ‘‘(c) CERTIFICATION REQUIRED FOR OPERATION.— 

20 Beginning on the date that is one year after the date of 

21 the enactment of the Commercial Space Act of 2023, a 

22 United States entity may not operate a space object unless 

23 the entity— 

24 ‘‘(1) holds a certification issued under this 

25 chapter for the operation of such space object; or 


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1 ‘‘(2) holds a valid covered license, as defined in 

2 section 80109(c), and such covered license satisfies 

3 the requirements of section 80109. 

4 ‘‘(d) FOREIGN ENTITIES PROHIBITED.—The Sec5 retary may not issue a certification under this chapter to 

6 any entity that is not a United States entity. 

7 ‘‘(e) COVERAGE OF CERTIFICATION.—The Secretary 

8 shall, to the maximum extent practicable, require only one 

9 certification under this chapter for a United States entity 

10 to— 

11 ‘‘(1) conduct multiple operations carried out 

12 using a single space object; 

13 ‘‘(2) operate multiple space objects that carry 

14 out substantially similar operations; or 

15 ‘‘(3) use multiple space objects to carry out a 

16 single space operation. 

17 ‘‘§ 80103. Certification application and requirements 

18 ‘‘(a) APPLICATION.— 

19 ‘‘(1) IN GENERAL.—To be eligible for a certifi20 cation to operate a space object or a transfer of a 

21 certification to operate a space object under this 

22 chapter, a United States entity shall submit an ap23 plication to the Secretary as provided in paragraphs 

24 (2) and (3). Such application shall include, for each 


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1 required item in paragraph (2), sufficient evidence 

2 to demonstrate each fact or assertion. 

3 ‘‘(2) ITEMS.—An application described in para4 graph (1) shall include only the following informa5 tion, with respect to each space object and the oper6 ations proposed to be certified: 

7 ‘‘(A) The name, address, and contact in8 formation of one or more nationals of the 

9 United States designated by the applicant as 

10 responsible for the operation of the space ob11 ject. 

12 ‘‘(B) An affirmation, and a document of 

13 proof, that the applicant is a United States en14 tity. 

15 ‘‘(C) If available at the time of submission 

16 of the application, the planned date and loca17 tion of the launch of the space object, and the 

18 identity of the launch provider. 

19 ‘‘(D) The general physical form and com20 position of the space object. 

21 ‘‘(E) A description of the proposed oper22 ations of the space object that includes the fol23 lowing: 

24 ‘‘(i) When and where the space object 

25 will operate. 


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1 ‘‘(ii) When and where operation of the 

2 space object will terminate. 

3 ‘‘(F) A space debris mitigation plan de4 scribing how the space object will be operated 

5 and disposed of in a manner to mitigate the 

6 generation of space debris. 

7 ‘‘(G) Information regarding third-party li8 ability insurance obtained, if any, by the appli9 cant for operation of the space object, including 

10 the amount and coverage of such liability insur11 ance. 

12 ‘‘(3) ATTESTATIONS.—An application described 

13 in paragraph (1) shall contain an attestation by the 

14 applicant of each the following: 

15 ‘‘(A) The space object is not a nuclear 

16 weapon or a weapon of mass destruction. 

17 ‘‘(B) The space object will not carry a nu18 clear weapon or weapon of mass destruction. 

19 ‘‘(C) The space object will not be operated 

20 as a weapon or used for testing of any weapon 

21 on a celestial body. 

22 ‘‘(D) All information in the application and 

23 supporting documents is true, complete, and ac24 curate. 

25 ‘‘(b) REVIEW OF APPLICATION.— 


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1 ‘‘(1) VERIFICATION OF INFORMATION AND AT2 TESTATIONS.—Not later than 60 days after receipt 

3 of an application under this section, the Secretary 

4 shall verify the following: 

5 ‘‘(A) The application contains all informa6 tion required under subsection (a)(2), including 

7 any required supporting documents. 

8 ‘‘(B) The application contains each attes9 tation required under subsection (a)(3). 

10 ‘‘(C) The application does not contain any 

11 clear indication of fraud or falsification. 

12 ‘‘(2) DETERMINATION.—Not later than 60 days 

13 after receipt of an application under this section— 

14 ‘‘(A) if the Secretary verifies that the ap15 plicant has met the application requirements as 

16 described in paragraph (1), the Secretary shall 

17 approve the application and issue a certification 

18 to the applicant, with or without conditions on 

19 the proposed operation of the space object in 

20 accordance with subsection (c)(1)(A); or 

21 ‘‘(B) if the Secretary cannot verify that 

22 the applicant has met the application require23 ments as described in paragraph (1), or if the 

24 Secretary determines it is necessary to deny the 


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1 application pursuant to subsection (c)(1)(B), 

2 the Secretary— 

3 ‘‘(i) shall issue a denial of the applica4 tion signed by the Secretary (a duty that 

5 may not be delegated, including to the Of6 fice of Space Commerce); and 

7 ‘‘(ii) shall, not later than 10 days 

8 after the decision to deny the application— 

9 ‘‘(I) provide the applicant with a 

10 written notification containing a clear11 ly articulated rationale for the denial 

12 that provides, to the maximum extent 

13 practicable, guidance to the applicant 

14 as to how such rationale for denial 

15 could be addressed in a subsequent 

16 application; and 

17 ‘‘(II) notify the Committee on 

18 Commerce, Science, and Transpor19 tation of the Senate and the Com20 mittee on Science, Space, and Tech21 nology of the House of Representa22 tives of such rationale. 

23 ‘‘(3) OPPORTUNITY TO CURE.— 

24 ‘‘(A) IN GENERAL.—If the Secretary finds, 

25 at any point during review of the application, 


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1 that it will likely condition operations pursuant 

2 to paragraph (2)(A), or that denial of the appli3 cation is likely under paragraph (2)(B), the 

4 Secretary shall provide the applicant with writ5 ten notification that states such finding and a 

6 clearly articulated rationale for the finding that 

7 provides, to the maximum extent practicable, 

8 guidance to the applicant as to how such ra9 tionale could be addressed in a response to the 

10 notification. 

11 ‘‘(B) RESPONSE.—Not later than 10 days 

12 after receipt of written notification in subpara13 graph (A), the applicant may elect to submit a 

14 response to the notification that may contain 

15 additional information to clarify or remedy any 

16 issue identified in the notification. 

17 ‘‘(C) REVIEW.—If the applicant submits a 

18 response to the notification described in sub19 paragraph (B), the Secretary shall review such 

20 response and issue a determination pursuant to 

21 paragraph (2) either 20 days after receipt of 

22 such response, or after the expiration of the re23 mainder of the 60-day period set forth in this 

24 subsection, whichever is later. 


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1 ‘‘(D) LIMITATION.—The Secretary may 

2 not issue more than one notification under this 

3 paragraph for each application. 

4 ‘‘(4) TOLLING.—The Secretary may not allow 

5 tolling of the 60-day period set forth in this sub6 section, except as specified in paragraph (3). 

7 ‘‘(5) AUTOMATIC APPROVAL.—If the Secretary 

8 has not approved or denied the application before 

9 the deadline specified in paragraph (2), or, if appli10 cable, the deadline as extended in accordance with 

11 paragraph (3), the Secretary shall issue a certifi12 cation without condition. 

13 ‘‘(6) SUBSEQUENT REVIEW.—If the Secretary 

14 denies an application pursuant to paragraph (2)(C), 

15 the Secretary may not prejudice a subsequent appli16 cation for the same proposed operations if such sub17 sequent application contains remedies to address the 

18 rationale for the previous denial. 

19 ‘‘(c) COMPLIANCE WITH THE OUTER SPACE TREA20 TY.— 

21 ‘‘(1) IN GENERAL.—If the Secretary deter22 mines, based upon clear and convincing evidence, 

23 that the proposed operation of a space object under 

24 an application for a certification under this chapter 

25 is a violation of an international obligation of the 


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1 United States pertaining to a nongovernmental enti2 ty of the United States under the Outer Space Trea3 ty— 

4 ‘‘(A) the Secretary may issue a certifi5 cation with conditions on the proposed oper6 ations only to the extent necessary to prevent a 

7 violation of such international obligation; or 

8 ‘‘(B) if the Secretary determines there is 

9 no practicable way to condition the proposed 

10 operations to prevent such a violation, the Sec11 retary may deny the application. 

12 ‘‘(2) LIMITATION FOR DETERMINATIONS.—A 

13 determination under paragraph (1) shall be limited 

14 as follows: 

15 ‘‘(A) The Federal Government shall inter16 pret and fulfill its international obligations 

17 under the Outer Space Treaty in a manner that 

18 minimizes regulations and limitations on the 

19 freedom of United States nongovernmental enti20 ties to explore and use space. 

21 ‘‘(B) The Federal Government shall inter22 pret and fulfill its international obligations 

23 under the Outer Space Treaty in a manner that 

24 promotes free enterprise in outer space. 


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1 ‘‘(C) The Federal Government may not 

2 presume all obligations of the United States 

3 under the Outer Space Treaty are obligations to 

4 be imputed upon United States nongovern5 mental entities. 

6 ‘‘(D) The Federal Government may not 

7 consider guidelines promulgated by the Com8 mittee on Space Research of the International 

9 Science Counsel to be international obligations 

10 of the United States. 

11 ‘‘(3) PRESUMPTIONS.—In making a determina12 tion under paragraph (1), the Secretary shall pre13 sume, absent clear and convincing evidence to the 

14 contrary, that— 

15 ‘‘(A) any attestation made by an applicant 

16 pursuant to subsection (a)(3) is sufficient to 

17 meet the international obligations of the United 

18 States pertaining to nongovernmental entities of 

19 the United States under the Outer Space Trea20 ty addressed by such attestation; and 

21 ‘‘(B) reasonably commercially available ef22 forts by the applicant are sufficient for the 

23 United States to be in conformity with its inter24 national obligations pertaining to nongovernVerDate Sep 11 2014 21:53 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H6131.IH H6131

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1 mental entities of the United States under the 

2 Outer Space Treaty. 

3 ‘‘(4) PROHIBITION ON RETROACTIVE CONDI4 TIONS.—The Secretary may not modify or place ad5 ditional conditions on a certification after the date 

6 on which the certification is issued, except— 

7 ‘‘(A) to modify a certification to account 

8 for a material change, as provided in section 

9 80106(b); or 

10 ‘‘(B) to remove a condition pursuant to 

11 subsection (d). 

12 ‘‘(5) NONDELEGABLE.—The responsibilities of 

13 the Secretary under this subsection may not be dele14 gated, including to the Office of Space Commerce. 

15 ‘‘(d) AUTHORITY TO REMOVE CONDITIONS.—The 

16 Secretary, as determined appropriate, may remove from 

17 a certification a condition placed on operations of a space 

18 object pursuant to subsection (c)(1)(A). 

19 ‘‘§ 80104. Mitigation of space debris 

20 ‘‘(a) PLAN SUBMISSION.—To be eligible for a certifi21 cation under this chapter, each application shall include 

22 a space debris mitigation plan for the space object, as set 

23 forth in section 80103(a)(2). Such plan— 


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1 ‘‘(1) shall take into account best practice guide2 lines promulgated by the United States and the 

3 Inter-Agency Debris Coordinating Committee; and 

4 ‘‘(2) may take into account that a space object 

5 may terminate certified operations and be stored in 

6 a safe manner until such time as the space object 

7 is permanently disposed of or certified for further 

8 operations. 

9 ‘‘(b) IMPLEMENTATION.—To the maximum extent 

10 practicable, a holder of a certification under this chapter 

11 shall notify the Secretary not later than 30 days before 

12 beginning to implement the disposal phase of a space de13 bris mitigation plan referred to in subsection (a). Such 

14 certification holder shall, not later than 30 days after com15 pleting implementation of such phase, notify the Secretary 

16 of the results of any space debris mitigation efforts. 

17 ‘‘§ 80105. Liability 

18 ‘‘(a) IN GENERAL.—As a condition of a certification 

19 issued under this subtitle, a certification holder shall enter 

20 into an agreement with the United States under which the 

21 certification holder agrees to pay costs incurred by the 

22 United States that arise from a valid claim for compensa23 tion made by another State Party under the Outer Space 

24 Treaty or Liability Convention for damage caused by a 

25 space object of the certification holder. 


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1 ‘‘(b) IMPLEMENTATION.—The Secretary shall imple2 ment the agreement described in subsection (a) on behalf 

3 of the United States. 

4 ‘‘§ 80106. Continuing certification requirements 

5 ‘‘(a) NOTIFICATION REQUIREMENT.—A certification 

6 holder shall, in a timely manner, notify the Secretary if— 

7 ‘‘(1) a certified space object has terminated op8 erations; or 

9 ‘‘(2) a certified space object is involved in a cat10 astrophic event, such as the unplanned destruction 

11 of a space object. 

12 ‘‘(b) MATERIAL CHANGE.— 

13 ‘‘(1) NOTIFICATION OF MATERIAL CHANGE.— 

14 The Secretary shall require certification holders to 

15 inform the Secretary of the following: 

16 ‘‘(A) Any material changes to a space ob17 ject or the planned operations of a space object 

18 prior to launch. 

19 ‘‘(B) Any material anomalies or material 

20 departures from the certified operations de21 scribed during the course of operations. 

22 ‘‘(2) UPDATE TO CERTIFICATION.—Not later 

23 than 14 days after the date of receipt of information 

24 regarding a material change pursuant to paragraph 

25 (1), the Secretary shall make a determination of 


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1 whether such material change is substantial enough 

2 to warrant review under section 80103(b). Not later 

3 than 60 days after a determination that such review 

4 is warranted, the Secretary shall complete a similar 

5 review process for such material change as is re6 quired for a certification application under such sec7 tion. 

8 ‘‘§ 80107. Certification transfer 

9 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

10 (c), the Secretary shall provide for the transfer of a certifi11 cation under this chapter from the certification holder to 

12 another United States entity to continue the operations 

13 allowed under such certification. 

14 ‘‘(b) TRANSFER REQUEST REQUIREMENTS.—To be 

15 eligible for a transfer under subsection (a), the certifi16 cation holder shall submit to the Secretary a request that 

17 includes the following: 

18 ‘‘(1) Any information regarding the proposed 

19 transfer, including accompanying supporting docu20 ments, that would be required under an initial appli21 cation under section 80103. 

22 ‘‘(2) Each attestation required under section 

23 80103(a)(3) completed by the proposed transferee. 

24 ‘‘(c) DETERMINATION.—Not later than 60 days after 

25 a certification holder submits a request under subsection 


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1 (b), the Secretary shall complete a similar review process 

2 for the request for transfer as is required for a certifi3 cation applicant under section 80103(b). 

4 ‘‘§ 80108. Certification expiration and termination 

5 ‘‘(a) CERTIFICATION EXPIRATION.—A certification 

6 issued under this chapter shall expire on the earliest of 

7 the following: 

8 ‘‘(1) The date on which all operations approved 

9 under such certification terminate, including car10 rying out the disposal phase of the space debris miti11 gation plan. 

12 ‘‘(2) The date on which all space objects ap13 proved under the certification no longer exist. 

14 ‘‘(3) The date that is five years after the date 

15 on which the certification was issued, if no certified 

16 operations have commenced by such date. 

17 ‘‘(b) CERTIFICATION TERMINATION.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall termi19 nate a certification under this chapter if an appli20 cant or certification holder is convicted of a violation 

21 of section 1001 of title 18 related to the certification 

22 process under this chapter. 

23 ‘‘(2) ELIGIBILITY.—A certification holder 

24 whose certification is terminated under this subVerDate Sep 11 2014 21:53 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H6131.IH H6131

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1 section shall be ineligible to apply for or receive a 

2 certification under this chapter. 

3 ‘‘(3) SPACE DEBRIS MITIGATION PLAN.—Upon 

4 termination of a certification under paragraph (1), 

5 the Secretary may require the certification holder to 

6 carry out the disposal phase of the space debris miti7 gation plan submitted by the certification holder 

8 under section 80103(a)(2). 

9 ‘‘§ 80109. Existing license or pending application for 

10 space object operations 

11 ‘‘(a) CONTINUATION OF EXISTING LICENSE.—If the 

12 operations of a space object governed by this subtitle have 

13 been approved on or before the effective date of this sec14 tion under a covered license, and such operations are not 

15 subject to an exemption under 80111, the United States 

16 entity responsible for the space object may— 

17 ‘‘(1) elect to be immediately considered certified 

18 for operation under this chapter on such effective 

19 date, and all terms and conditions applicable to the 

20 operations of such space object as approved in the 

21 covered license shall apply for the duration of the 

22 operation of the space object; or 

23 ‘‘(2) apply for a certification under this chapter 

24 for such operation of the space object, and continue 

25 to operate pursuant to such covered license until 


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1 such time as a certification under this subtitle is 

2 issued. 

3 ‘‘(b) RESCISSION OR TRANSFER OF A PENDING COV4 ERED LICENSE.—For operations of a space object of a 

5 United States entity that are not subject to an exemption 

6 under section 80111, and that are set forth in an applica7 tion for a covered license that is pending approval on the 

8 effective date of this section, the applicant may elect to— 

9 ‘‘(1) rescind its application for a covered license 

10 without prejudice; or 

11 ‘‘(2) transfer the portions of such application 

12 that are related to operations governed by this sub13 title to the Office of Space Commerce, at which the 

14 application shall be deemed to be a pending applica15 tion for certification under this chapter. 

16 ‘‘(c) COVERED LICENSE.—In this subtitle, the term 

17 ‘covered license’ means any of the following: 

18 ‘‘(1) An approval of a payload for launch or re19 entry under section 50904 as part of a license issued 

20 under chapter 509. 

21 ‘‘(2) A license for spectrum use issued under 

22 the Communications Act of 1934 (47 U.S.C. 151 et 

23 seq.). 


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1 ‘‘(3) A license for operation of a space-based re2 mote sensing system issued under subchapter III of 

3 chapter 601 of title 51. 

4 ‘‘(d) EFFECTIVE DATE.—This section shall take ef5 fect on the date that is one year after the date of the en6 actment of the Commercial Space Act of 2023. 

7 ‘‘§ 80110. Private Space Activity Advisory Committee 

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab9 lish a Private Space Activity Advisory Committee (in this 

10 section referred to as the ‘Committee’). 

11 ‘‘(b) CHAIR.—The Committee shall designate one 

12 member as the chair of the Committee for one year. 

13 ‘‘(c) MEMBERSHIP.—The Committee shall be com14 posed of 15 members, as follows: 

15 ‘‘(1) Three members appointed by the Sec16 retary. 

17 ‘‘(2) Three members appointed by the chair of, 

18 and three members appointed by the ranking mem19 ber of, the Committee on Commerce, Science, and 

20 Transportation of the Senate. 

21 ‘‘(3) Three members appointed by the chair of, 

22 and three members appointed by the ranking mem23 ber of, the Committee on Science, Space, and Tech24 nology of the House of Representatives. 


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1 ‘‘(d) LIMITATION.—Members of the Committee may 

2 not be Federal Government employees or officials, or em3 ployed by or affiliated with a federally funded research 

4 and development center. 

5 ‘‘(e) TRAVEL EXPENSES.—Members of the Com6 mittee shall receive travel expenses, including per diem in 

7 lieu of subsistence, in accordance with the applicable pro8 visions under subchapter I of chapter 57 of title 5. 

9 ‘‘(f) QUALIFICATIONS.—Members of the Committee 

10 shall include a variety of space professionals, including 

11 policy, engineering, technical, science, legal, and finance 

12 professionals. Not fewer than half of the members shall 

13 have significant experience working in the commercial 

14 space industry. 

15 ‘‘(g) TERMS.—Each member of the Committee— 

16 ‘‘(1) shall serve for a term of four years; and 

17 ‘‘(2) may not serve as a member for the two18 year period following the date of completion of each 

19 such term. 

20 ‘‘(h) DUTIES.—The duties of the Committee are the 

21 following: 

22 ‘‘(1) To analyze the status and recent develop23 ments of nongovernmental space activities. 


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1 ‘‘(2) To analyze the effectiveness and efficiency 

2 of the implementation of the certification process 

3 under this chapter. 

4 ‘‘(3) To provide recommendations to the Sec5 retary and Congress regarding how the United 

6 States can facilitate and promote a robust and inno7 vative private sector that is investing in, developing, 

8 and operating space objects. 

9 ‘‘(4) To identify any challenges the United 

10 States private sector is experiencing with respect to 

11 the following: 

12 ‘‘(A) The authorization and supervision of 

13 the operation of space objects under this chap14 ter. 

15 ‘‘(B) More generally, international obliga16 tions of the United States relevant to private 

17 sector activities in outer space. 

18 ‘‘(C) Harmful interference to private sector 

19 activities in outer space. 

20 ‘‘(D) Access to adequate, predictable, and 

21 reliable radio frequency spectrum for certified 

22 operations. 

23 ‘‘(E) Competing on the international mar24 ketplace. 


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1 ‘‘(5) To review existing best practices for 

2 United States entities to avoid the harmful contami3 nation of the Moon and other celestial bodies. 

4 ‘‘(6) To review existing best practices for 

5 United States entities to avoid adverse changes in 

6 the environment of the Earth resulting from the in7 troduction of extraterrestrial matter. 

8 ‘‘(7) To review existing best practices for 

9 United States entities to support the responsible 

10 launch, deployment, and operation of space objects 

11 to avoid the creation of persistent space debris. 

12 ‘‘(8) To provide information, advice, and rec13 ommendations on matters relating to United States 

14 private sector activities in outer space. 

15 ‘‘(9) To provide information, advice, and rec16 ommendations on matters related to the authority of 

17 the Secretary under this chapter, or to private sector 

18 space activities authorized pursuant to this chapter, 

19 that the Committee determines necessary. 

20 ‘‘(i) ANNUAL REPORT.—The Committee shall submit 

21 to Congress, the President, and the Secretary an annual 

22 report that includes the information, analysis, findings, 

23 and recommendations described in subsection (h). 


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1 ‘‘(j) SUNSET.—The Committee shall terminate on the 

2 date that is 20 years after the date on which the Com3 mittee is established. 

4 ‘‘§ 80111. Exemptions 

5 ‘‘A certification is not required under this chapter for 

6 any of the following operations: 

7 ‘‘(1) Space activities authorized by another 

8 country that is a party to the Outer Space Treaty. 

9 ‘‘(2) Launch or reentry vehicle activities li10 censed by the Department of Transportation under 

11 chapter 509. 

12 ‘‘(3) Spectrum use licensed by the Federal 

13 Communications Commission under the Communica14 tions Act of 1934 (47 U.S.C. 151 et seq.).’’. 

15 SEC. 4. ADMINISTRATIVE PROVISIONS RELATED TO CER16 TIFICATION. 

17 Title 51, United States Code, as amended by section 

18 3, is further amended by adding at the end the following: 

19 ‘‘CHAPTER 802—ADMINISTRATIVE PROVI20 SIONS 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. 


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1 ‘‘§ 80201. Administrative authority 

2 ‘‘(a) FUNCTIONS.—In order to carry out the respon3 sibilities specified in this chapter, the Secretary may— 

4 ‘‘(1) seek an order of injunction or similar judi5 cial determination from a district court of the 

6 United States with personal jurisdiction over a cer7 tification holder to terminate certifications under 

8 this subtitle and terminate certified operations on an 

9 immediate basis, if the Secretary determines that 

10 the certification holder has substantially failed to 

11 comply with any provisions of this subtitle, or with 

12 any terms of a certification; 

13 ‘‘(2) provide for civil penalties not to exceed 

14 $10,000 (each day of operation constituting a sepa15 rate violation) and not to exceed $500,000 in total, 

16 for— 

17 ‘‘(A) noncompliance with the certification 

18 requirements, conditions, or regulations issued 

19 under this subtitle; or 

20 ‘‘(B) the operation of a space object with21 out the applicable certification issued under this 

22 subtitle; 

23 ‘‘(3) compromise, modify, or remit any such 

24 civil penalty; 

25 ‘‘(4) seize any object, record, or report, or cop26 ies of materials, documents, or records, pursuant to 


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1 a warrant from a magistrate based on a showing of 

2 probable cause to believe that such object, record, or 

3 report was used, is being used, or is likely to be used 

4 in violation of this subtitle or the requirements of a 

5 certification or regulation issued thereunder; and 

6 ‘‘(5) make investigations and inquiries con7 cerning any matter relating to the enforcement of 

8 this subtitle. 

9 ‘‘(b) REVIEW OF AGENCY ACTION.—Any holder of, 

10 or applicant for, a certification who makes a timely re11 quest for review of an adverse action taken pursuant to 

12 paragraph (2) or (4) of subsection (a) shall be entitled 

13 to adjudication by the Secretary on the record after an 

14 opportunity for any agency hearing with respect to such 

15 adverse action. Any final action by the Secretary under 

16 this subsection shall be subject to judicial review under 

17 chapter 7 of title 5, as provided in section 80203 of this 

18 chapter. 

19 ‘‘(c) NO COST FOR CERTIFICATION.—The Secretary 

20 may not impose a fee or other cost on a holder of, or appli21 cant for, a certification under chapter 801. 

22 ‘‘(d) NO AUTHORITY TO SET CONDITIONS.—The 

23 Secretary may not impose a substantive condition on, or 

24 any other requirement for, the issuance of a certification 

25 except as specifically provided in this subtitle. 


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1 ‘‘(e) FOIA EXEMPTION.—Notwithstanding any other 

2 provision of law, the Secretary may withhold from public 

3 disclosure information submitted as part of any filing re4 lating to a certification under this subtitle. For purposes 

5 of section 552 of title 5, this subsection shall be considered 

6 a statute described in subsection (b)(3) of such section 

7 and is intended to exempt information within this subtitle 

8 from disclosure. Nothing in this subsection may be con9 strued as authorizing the withholding of information from 

10 Congress. 

11 ‘‘(f) LIMITATION ON EXCEPTIONS TO ADMINISTRA12 TIVE PROCEDURES.—The exceptions under section 

13 553(a)(1), section 553(b)(B), or section 554(a)(4) of title 

14 5 shall not apply with respect to a certification under this 

15 subtitle. 

16 ‘‘§ 80202. Consultation 

17 ‘‘(a) SENSE OF CONGRESS.—It is the sense of the 

18 Congress that— 

19 ‘‘(1) the United States Government has assets 

20 in outer space that are critical to national security, 

21 scientific research, economic growth, and explo22 ration; 

23 ‘‘(2) such assets represent a considerable in24 vestment of United States taxpayers; and 


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1 ‘‘(3) it is in the national interest of the United 

2 States to facilitate opportunities to provide for the 

3 protection of such assets. 

4 ‘‘(b) REVIEW.—Not later than 30 days after the Sec5 retary issues a certification under chapter 801, the Sec6 retary shall review the operations of any space objects cov7 ered by the certification to determine whether the inter8 action between such operations and the operations of a 

9 Federal Government space object present a substantial 

10 risk to the physical safety of a space object operated by 

11 either party. 

12 ‘‘(c) REQUIREMENT TO PARTICIPATE IN CONSULTA13 TION.—If the Secretary makes a determination that a sub14 stantial risk identified under subsection (b) exists, the 

15 Secretary may require that the certification holder partici16 pate in a consultation under this section. 

17 ‘‘(d) PARTIES TO A CONSULTATION.— 

18 ‘‘(1) IN GENERAL.—A consultation under this 

19 section may be held, with respect to a substantial 

20 safety risk identified under subsection (b), be21 tween— 

22 ‘‘(A) a certification holder responsible for 

23 the certified space object operations; and 

24 ‘‘(B) any entity of the Federal Government 

25 operating a potentially affected space object. 


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1 ‘‘(2) PARTICIPATION.—The Secretary may not 

2 impose any requirement on a party pursuant to par3 ticipation in the consultation. 

4 ‘‘(e) MITIGATION OF SAFETY RISK.—In carrying out 

5 a consultation, the Secretary shall— 

6 ‘‘(1) facilitate a discussion among the parties to 

7 the consultation; 

8 ‘‘(2) encourage a mutual understanding of the 

9 safety risk; and 

10 ‘‘(3) encourage, to the maximum extent prac11 ticable, voluntary agreements between the parties to 

12 the consultation to improve the physical safety of af13 fected space object operations or mitigate the phys14 ical safety risk. 

15 ‘‘(f) DURATION OF CONSULTATION; NOTICE.—Not 

16 later than 90 days after the Secretary requires a consulta17 tion under this section, the Secretary shall— 

18 ‘‘(1) complete all activities related to the con19 sultation; and 

20 ‘‘(2) submit to Congress a written notification 

21 with respect to such consultation, that includes— 

22 ‘‘(A) the names of each party to the con23 sultation; 

24 ‘‘(B) a description of the physical safety 

25 risk at issue; 


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1 ‘‘(C) whether any voluntary agreement was 

2 made by the parties; and 

3 ‘‘(D) the content of any such agreement. 

4 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed to grant any additional authority 

6 to the Secretary to regulate, or place conditions on, any 

7 activity conducted by a space object for which a certifi8 cation is required under this subtitle. 

9 ‘‘§ 80203. Appeal of denial or condition of certifi10 cation 

11 ‘‘An applicant who is denied a certification under sec12 tion 80103(b)(2)(B), or an applicant whose certification 

13 is conditioned pursuant to section 80103(c), respectively, 

14 may appeal the denial or placement of a condition to the 

15 Secretary. The Secretary shall affirm or reverse the denial 

16 or placement of a condition after providing the applicant 

17 notice and an opportunity to be heard. The Secretary shall 

18 dispose of the appeal not later than 60 days after the ap19 peal is submitted. If the Secretary denies the appeal, the 

20 applicant may seek review in the United States Court of 

21 Appeals for the District of Columbia Circuit or in the 

22 court of appeals of the United States for the circuit in 

23 which the person resides or has its principal place of busi24 ness. 


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1 ‘‘§ 80204. Exclusive authority for determination of 

2 international obligations 

3 ‘‘Except for the Secretary as authorized by this sub4 title, no agency may impose a requirement with regard to 

5 an international obligation of the United States pertaining 

6 to a nongovernmental entity of the United States under 

7 the Outer Space Treaty relating to the following: 

8 ‘‘(1) The operation of a space object certified 

9 under chapter 801. 

10 ‘‘(2) The carrying out of a space debris mitiga11 tion plan of a space object for which a certification 

12 was issued under chapter 801. 

13 ‘‘§ 80205. Limitation on certain agency supervision 

14 ‘‘(a) IN GENERAL.—Not later than one year after the 

15 date of the enactment of the Commercial Space Act of 

16 2023, no other agency shall have the authority to author17 ize, place conditions on, or supervise the operation of space 

18 objects required to be certified under chapter 801, except 

19 as set forth in this subtitle. 

20 ‘‘(b) AGREEMENT LIMITATIONS.—Nothing in this 

21 section may be construed to prevent an agency from in22 cluding additional terms, conditions, limitations, or re23 quirements, consistent with applicable provisions of law, 

24 beyond those required in this subtitle, in a contract or 

25 other agreement with the holder of a certification under 


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1 chapter 801 for the operation of the applicable space ob2 ject. 

3 ‘‘§ 80206. Commercial exploration and use of outer 

4 space 

5 ‘‘To the maximum extent practicable, the President, 

6 acting through appropriate Federal agencies, shall inter7 pret and fulfill international obligations, including obliga8 tions under the covered treaties on outer space, to mini9 mize regulations and limitations on the freedom of United 

10 States nongovernmental entities to explore and use outer 

11 space. 

12 ‘‘§ 80207. Federal jurisdiction 

13 ‘‘The district courts shall have original jurisdiction, 

14 exclusive of the courts of the States, over any civil action 

15 resulting from the operation of a space object for which 

16 a certification is required under this subtitle. 

17 ‘‘§ 80208. Global commons 

18 ‘‘Notwithstanding any other provision of law, outer 

19 space may not be considered a global commons. 

20 ‘‘§ 80209. Regulatory authority 

21 ‘‘(a) IN GENERAL.—Not later than 10 months after 

22 the date of the enactment of the Commercial Space Act 

23 of 2023, the Secretary shall issue such regulations as are 

24 necessary to carry out this subtitle. 


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1 ‘‘(b) REDUCING REGULATORY BURDEN.—In issuing 

2 regulations to carry out this subtitle, the Secretary shall 

3 avoid, to the maximum extent practicable, the placement 

4 of inconsistent, duplicative, or otherwise burdensome re5 quirements on the operations of United States nongovern6 mental entities in outer space. 

7 ‘‘§ 80210. Consultation with relevant agencies 

8 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

9 Secretary may, as the Secretary considers necessary, con10 sult with the heads of other relevant agencies in carrying 

11 out this subtitle. 

12 ‘‘(b) EXCLUSIVE AUTHORITY OF THE SECRETARY.— 

13 The consultation authority under subsection (a) may not 

14 be interpreted to alter the exclusive authority of the Sec15 retary to authorize, place conditions on, and supervise the 

16 operation of space objects under this chapter, as provided 

17 in and subject to the limitations of section 80205.’’. 

18 SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 

19 (a) TABLE OF CHAPTERS.—The table of chapters of 

20 title 51, United States Code, is amended by adding at the 

21 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’’. 

22 (b) REPEALS.— 


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1 (1) IN GENERAL.—Title 51, United States 

2 Code, is amended as follows: 

3 (A) Subchapter III of chapter 601 is re4 pealed. 

5 (B) The table of sections for chapter 601 

6 is amended by striking the items relating to 

7 subchapter III. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by paragraph (1) shall take effect on the date that 

10 is one year after the date of the enactment of this 

11 Act. 

12 (c) TECHNICAL CORRECTIONS.—Title 51, United 

13 States Code, is amended— 

14 (1) in section 20302(c)(2), by striking ‘‘means 

15 has the meaning’’ and inserting ‘‘has the meaning’’; 

16 (2) in section 50702(c)(5), by striking ‘‘Space17 Based Position’’ and inserting ‘‘Space-Based Posi18 tioning’’; and 

19 (3) in section 71102(1), by striking ‘‘tracking 

20 device’’ and inserting ‘‘tracking device to’’. 

21 SEC. 6. OFFICE OF SPACE COMMERCE. 

22 Section 50702 of title 51, United States Code, is 

23 amended— 

24 (1) in subsection (b)— 


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1 (A) by striking ‘‘The Office shall be head2 ed’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—The Office shall be head4 ed’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(2) DIRECT REPORT.—The Director shall re7 port directly to the Secretary of Commerce.’’; and 

8 (2) in subsection (c)— 

9 (A) in paragraph (4), by striking ‘‘and’’ at 

10 the end; 

11 (B) in paragraph (5), by striking the pe12 riod at the end and inserting a semicolon; and 

13 (C) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(6) to authorize and supervise the operations 

16 of United States nongovernmental entities in outer 

17 space, pursuant to chapter 801 of this title; and 

18 ‘‘(7) to facilitate and promote the development 

19 of best practices among operators of space objects to 

20 address substantial risks to the physical safety of 

21 Federal Government space objects, including the risk 

22 of on-orbit collisions.’’. 


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1 SEC. 7. SPACE SITUATIONAL AWARENESS. 

2 (a) IN GENERAL.—Chapter 507 of title 51, United 

3 States Code, is amended by adding at the end the fol4 lowing new sections: 

5 ‘‘§ 50704. Space situational awareness 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 

8 The term ‘institution of higher education’ has the 

9 meaning given such term in section 101(a) of the 

10 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

11 ‘‘(2) NONPROFIT ORGANIZATION.—The term 

12 ‘nonprofit organization’ means an organization that 

13 is described in section 501(c)(3) of the Internal Rev14 enue Code of 1986 and that is exempt from taxation 

15 under section 501(a) of such Code. 

16 ‘‘(3) NOT-FOR-PROFIT ORGANIZATION.—The 

17 term ‘not-for-profit organization’ means an organiza18 tion that is described in section 501(c)(7) of the In19 ternal Revenue Code of 1986 and that is exempt 

20 from taxation under section 501(a) of such Code. 

21 ‘‘(4) SPACE SITUATIONAL AWARENESS.—The 

22 term ‘space situational awareness’ means— 

23 ‘‘(A) the identification and characterization 

24 of space objects and orbital debris; and 


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1 ‘‘(B) the understanding of the manner in 

2 which space objects and orbital debris behave in 

3 outer space. 

4 ‘‘(b) AUTHORITY.—Pursuant to the authority pro5 vided in section 50702, the Director of the Office of Space 

6 Commerce shall— 

7 ‘‘(1) not later than one year after the date of 

8 the enactment of the Commercial Space Act of 2023, 

9 competitively award a cooperative agreement to an 

10 entity eligible under subsection (d) to establish a 

11 consortium to provide data, information, and serv12 ices for space situational awareness; and 

13 ‘‘(2) coordinate with the heads of other relevant 

14 agencies to transfer unclassified space situational 

15 awareness data and information to the consortium 

16 established pursuant to paragraph (1). 

17 ‘‘(c) PROHIBITION.—The Secretary may not promul18 gate regulations for space situational awareness or space 

19 traffic management. 

20 ‘‘(d) ELIGIBLE ENTITIES.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (3), to be eligible for a cooperative agreement 

23 under this section, an entity shall be a United States 

24 entity that is any of the following: 

25 ‘‘(A) An institution of higher education. 


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1 ‘‘(B) A nonprofit organization. 

2 ‘‘(C) A not-for-profit organization. 

3 ‘‘(2) CONSIDERATIONS.—In awarding a cooper4 ative agreement to any entity under this section, the 

5 Director shall consider, at a minimum, the following 

6 with respect to such entity: 

7 ‘‘(A) Demonstrated expertise in space situ8 ational awareness. 

9 ‘‘(B) Financial contributions, including 

10 non-Federal cost-sharing. 

11 ‘‘(C) Public-private collaboration experi12 ence. 

13 ‘‘(D) International coordination potential. 

14 ‘‘(3) PROHIBITION.—An entity that is a feder15 ally funded research and development center is not 

16 an eligible entity for a cooperative agreement under 

17 this section. 

18 ‘‘(e) CONSORTIUM MEMBERSHIP.—The entity award19 ed a cooperative agreement under subsection (b) shall seek 

20 consortium membership and participation from the fol21 lowing: 

22 ‘‘(1) Commercial entities. 

23 ‘‘(2) Other institutions of higher education, 

24 nonprofit organizations, or not-for-profit organiza25 tions. 


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1 ‘‘(3) States. 

2 ‘‘(4) Political subdivisions of States. 

3 ‘‘(5) Governments of foreign countries. 

4 ‘‘(f) CONSORTIUM ACTIVITIES.—The entity awarded 

5 a cooperative agreement under subsection (b)(1) shall, in 

6 consultation with the consortium members specified in 

7 subsection (e)— 

8 ‘‘(1) provide publicly available data, informa9 tion, and services for space situational awareness, 

10 including— 

11 ‘‘(A) a validated and synthesized catalog of 

12 space objects; and 

13 ‘‘(B) conjunction notifications; 

14 ‘‘(2) coordinate information sharing agreements 

15 between consortium members; 

16 ‘‘(3) seek broad consortium membership, par17 ticipation, and information sharing from both do18 mestic and international spacecraft operators and 

19 commercial and nongovernmental data providers; 

20 ‘‘(4) seek to maximize cost sharing and enable 

21 the commercialization of private sector products and 

22 services in order to promote a more robust commer23 cial space situational awareness industry, including 

24 further privatization of space situational awareness 

25 services; 


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1 ‘‘(5) facilitate opportunities for United States 

2 commercial entities to participate in and contribute 

3 to the consortium; and 

4 ‘‘(6) promote voluntary consensus standards 

5 and best practices for space situational awareness. 

6 ‘‘(g) IMMUNITY.—The entity awarded the cooperative 

7 agreement under subsection (b)(1) shall be immune from 

8 any suit in any court for any cause of action arising from 

9 the provision or receipt of data, information, or services 

10 for space situational awareness pursuant to such coopera11 tive agreement. 

12 ‘‘§ 50705. Authorization of appropriations 

13 ‘‘There is authorized to be appropriated to the Office 

14 of Space Commerce $70,000,000 for fiscal year 2024 to 

15 carry out this chapter.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of sections for chapter 507 of title 51, United 

18 States Code, is amended by inserting after the item relat19 ing to section 50703 the following new items: 

‘‘50704. Space situational awareness. 

‘‘50705. Authorization of appropriations.’’. 

20 SEC. 8. NASA SPACE SITUATIONAL AWARENESS INSTITUTE. 

21 (a) IN GENERAL.—Chapter 315 of title 51, United 

22 States Code, is amended by amending section 31501 to 

23 read as follows: 


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1 ‘‘§ 31501. Orbital debris space situational awareness 

2 ‘‘(a) ORBITAL DEBRIS.—The Administrator, in con3 junction with the heads of other Federal agencies, shall 

4 take steps to assess, develop, or acquire technologies that 

5 will decrease the risks associated with orbital debris. 

6 ‘‘(b) SPACE SITUATIONAL AWARENESS INSTITUTE.— 

7 ‘‘(1) IN GENERAL.—Subject to appropriations, 

8 the Administrator shall award a cooperative agree9 ment to an eligible entity to establish a Space Situa10 tional Awareness Institute (in this section referred 

11 to as the ‘Institute’) to advance scientific, techno12 logical, and transdisciplinary research in space situa13 tional awareness. 

14 ‘‘(2) PURPOSE.—The Institute shall— 

15 ‘‘(A) conduct transdisciplinary research, 

16 development, and demonstration projects re17 lated to orbital mechanics, astrodynamics, and 

18 the detecting, tracking, identifying, character19 izing, and modeling, of orbital debris and space 

20 objects to improve— 

21 ‘‘(i) space situational awareness and 

22 the development of open-architecture re23 sources; 

24 ‘‘(ii) the unique identification, track25 ing, classification, prediction, and modeling 

26 of orbital debris and space objects; 


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1 ‘‘(iii) the monitoring, quantification, 

2 assessment, modeling, and prediction of 

3 space operations and hazards, including in4 space collisions; 

5 ‘‘(iv) peer exchange and documenta6 tion of evidence-based practices for orbital 

7 debris mitigation and remediation; and 

8 ‘‘(v) sharing, modeling, and curation 

9 of data related to orbital debris and space 

10 objects; 

11 ‘‘(B) leverage non-Federal sources of sup12 port to improve space situational awareness and 

13 minimize space safety, security, and sustain14 ability risks; 

15 ‘‘(C) draw on commercial capabilities and 

16 data, as appropriate; and 

17 ‘‘(D) coordinate with— 

18 ‘‘(i) NASA’s Orbital Debris Program 

19 Office located at the Johnson Space Cen20 ter; 

21 ‘‘(ii) NASA’s Conjunction Assessment 

22 and Risk Analysis program located at the 

23 Goddard Space Flight Center; 

24 ‘‘(iii) the consortium established pur25 suant to section 50704; and 


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1 ‘‘(iv) any other government agencies 

2 as determined by the Administrator. 

3 ‘‘(3) ELIGIBLE ENTITIES.— 

4 ‘‘(A) IN GENERAL.—To be eligible for a 

5 cooperative agreement under this section, an 

6 entity shall be led by any of the following: 

7 ‘‘(i) An institution of higher edu8 cation. 

9 ‘‘(ii) A nonprofit organization. 

10 ‘‘(iii) A not-for-profit organization. 

11 ‘‘(B) MEMBERSHIP.—The Institute shall 

12 seek to include membership from the following: 

13 ‘‘(i) Commercial entities. 

14 ‘‘(ii) Federal laboratories. 

15 ‘‘(iii) Other institutions of higher edu16 cation, nonprofit organizations, or not-for17 profit organizations. 

18 ‘‘(4) CONSIDERATIONS.—In awarding a cooper19 ative agreement under this section, the Secretary 

20 shall consider, at a minimum the following: 

21 ‘‘(A) The potential to improve the science 

22 and technology of space situational awareness. 

23 ‘‘(B) The commitment of financial support, 

24 advice, participation, and other contributions 

25 from non-Federal sources. 


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1 ‘‘(5) COOPERATIVE AGREEMENT PERIOD.—A 

2 cooperative agreement awarded under this section 

3 shall be awarded for a period of 10 years. 

4 ‘‘(6) AUTHORIZATION.—Of the funds author5 ized to be appropriated to NASA for the Office of 

6 Safety and Mission Assurance, Agency Technical 

7 Authority, $10,000,000 is authorized to be appro8 priated to carry out this section for fiscal year 2024. 

9 ‘‘(c) DEFINITIONS.—In this section: 

10 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 

11 The term ‘institution of higher education’ has the 

12 meaning given such term in section 101(a) of the 

13 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

14 ‘‘(2) NONPROFIT ORGANIZATION.—The term 

15 ‘nonprofit organization’ means an organization that 

16 is described in section 501(c)(3) of the Internal Rev17 enue Code of 1986 and that is exempt from taxation 

18 under section 501(a) of such Code. 

19 ‘‘(3) NOT-FOR-PROFIT ORGANIZATION.—The 

20 term ‘not-for-profit organization’ means an organiza21 tion that is described in section 501(c)(7) of the In22 ternal Revenue Code of 1986 and that is exempt 

23 from taxation under section 501(a) of such Code. 

24 ‘‘(4) SPACE SITUATIONAL AWARENESS.—The 

25 term ‘space situational awareness’ means— 


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1 ‘‘(A) the identification and characterization 

2 of space objects and orbital debris; and 

3 ‘‘(B) the understanding of the manner in 

4 which space objects and orbital debris behave in 

5 outer space.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 In the table of sections for chapter 315 of title 51, United 

8 States Code, the item relating to section 31501 is amend9 ed by inserting ‘‘space situational awareness’’ after ‘‘de10 bris’’. 

11 SEC. 9. LAUNCH AND REENTRY. 

12 (a) IN GENERAL.—Chapter 509 of title 51, United 

13 States Code, is amended— 

14 (1) in 50901— 

15 (A) in subsection (a)(7), by striking ‘‘to 

16 ensure compliance with international obligations 

17 of the United States and to protect the public 

18 health and safety, safety of property, and na19 tional security and foreign policy interests of 

20 the United States’’ and inserting ‘‘to protect 

21 the public health and safety or safety of prop22 erty, prevent violations of the international obli23 gations of the United States, and prevent sub24 stantial harm to the national security of the 

25 United States’’; and 


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1 (B) in subsection (b)(3), by striking ‘‘, 

2 safety of property, and national security and 

3 foreign policy interests of the United States’’ 

4 and inserting ‘‘ or safety of property, prevent 

5 violations of the international obligations of the 

6 United States, and prevent substantial harm to 

7 the national security of the United States’’; 

8 (2) in 50904(c)— 

9 (A) by striking ‘‘, safety of property, or 

10 national security or foreign policy interests of 

11 the United States’’ and inserting ‘‘or safety of 

12 property, violate United States international ob13 ligations, or cause substantial harm to the na14 tional security of the United States’’; and 

15 (B) by adding at the end the following: 

16 ‘‘No launch or reentry may be prevented under 

17 this subsection on the basis of international ob18 ligations of the United States, including under 

19 the covered treaties on outer space (as such 

20 term is defined in section 80101) if the payload 

21 is included in certification under chapter 801.’’; 

22 (3) in 50905— 

23 (A) in subsection (a)(1)— 

24 (i) in the second sentence, by striking 

25 ‘‘Consistent with the public health and 


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1 safety, safety of property, and national se2 curity and foreign policy interests of the 

3 United States, the’’ and inserting ‘‘The’’; 

4 and 

5 (ii) by striking ‘‘criteria established 

6 pursuant to subsection (b)(2)(D)’’ each 

7 place it appears and inserting ‘‘criteria es8 tablished pursuant to subsection 

9 (b)(2)(E)’’; 

10 (B) in subsection (b)— 

11 (i) in paragraph (2)(B), by striking ‘‘, 

12 safety of property, national security inter13 ests, and foreign policy interest of the 

14 United States’’ and inserting ‘‘and safety 

15 of property, or to prevent a violation of 

16 United States international obligations, or 

17 to prevent substantial harm to the national 

18 security of the United States’’; 

19 (ii) in paragraph (2)(C), by striking ‘‘, 

20 safety of property, national security inter21 ests, or foreign policy interests of the 

22 United States’’ and inserting ‘‘or safety of 

23 property, to prevent a violation of United 

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1 vent substantial harm to the national secu2 rity of the United States’’; and 

3 (iii) in paragraph (3), in the first sen4 tence, by striking ‘‘, safety of property, 

5 and national security and foreign policy in6 terests of the United States’’ and inserting 

7 ‘‘or safety of property, violate United 

8 States international obligations, or cause 

9 substantial harm to the national security 

10 of the United States’’; and 

11 (C) in subsection (c)— 

12 (i) in paragraph (5)— 

13 (I) by striking ‘‘2016’’ and in14 serting ‘‘2024’’; and 

15 (II) by striking ‘‘2021’’ and in16 serting ‘‘2031’’; 

17 (ii) by striking paragraph (6); 

18 (iii) by redesignating paragraphs (7) 

19 through (10) as paragraphs (6) through 

20 (9), respectively; 

21 (iv) in paragraph (6), as so redesig22 nated, by striking ‘‘each of 2018 and 

23 2022’’ and inserting ‘‘, 2031,’’; 


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1 (v) in paragraph (7), as so redesig2 nated, by striking ‘‘identified by the report 

3 under paragraph (6)’’; 

4 (vi) in paragraph (8), as so redesig5 nated, by striking ‘‘January 1, 2024’’ and 

6 inserting ‘‘October 1, 2031’’; and 

7 (vii) in paragraph (9), as so redesig8 nated, by striking ‘‘, safety of property, or 

9 national security or foreign policy interests 

10 of the United States’’ and inserting ‘‘or 

11 safety of property, to prevent a violation of 

12 United States international obligations, or 

13 to prevent substantial harm to the national 

14 security of the United States’’; 

15 (5) in 50908(c)(2), by striking ‘‘or a national 

16 security or foreign policy interest of the United 

17 States’’ and inserting ‘‘or to prevent a violation of 

18 the international obligations of the United States, or 

19 prevent substantial harm to the national security of 

20 the United States’’; 

21 (6) in 50909(a), by striking ‘‘, the safety of 

22 property, or a national security or foreign policy in23 terest of the United States’’ and inserting ‘‘ or the 

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1 tion of the United States, or causes substantial 

2 harm to the national security of the United States’’; 

3 (7) in 50914— 

4 (A) in subsection (a)(5), by striking 

5 ‘‘2025’’ and inserting ‘‘2031’’; and 

6 (B) in subsection (b)(1)(C), by striking 

7 ‘‘2025’’ and inserting ‘‘2031’’; 

8 (8) in 50915— 

9 (A) in subsection (a)(3)(B), by striking 

10 ‘‘2025’’ and inserting ‘‘2033’’; and 

11 (B) in subsection (f), by striking ‘‘2025’’ 

12 and inserting ‘‘2033’’; 

13 (9) in 50918— 

14 (A) in subsection (a), in the second sen15 tence— 

16 (i) by striking ‘‘of a national security 

17 interest’’ and inserting ‘‘of substantial 

18 harm to national security’’; and 

19 (ii) by striking ‘‘foreign policy interest 

20 or obligation’’ and inserting ‘‘of any poten21 tial violations of the international obliga22 tions of the United States’’; and 

23 (B) by adding at the end the following new 

24 subsection: 


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1 ‘‘(d) TIMING.—The Secretary shall conclude any con2 sultations described in this section not later than 120 days 

3 after receiving an application for a license submitted pur4 suant to this chapter.’’; and 

5 (10) by adding at the end the following new 

6 section: 

7 ‘‘§ 50924. Prohibition 

8 ‘‘No agency may prohibit the launch or operation of 

9 a private sector space object in order to comply with a 

10 treaty obligation that is not self-executing.’’; and 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 509 of title 51, United States Code, is amend13 ed by adding at the end the following new item: 

‘‘50924. Prohibition.’’. 

14 SEC. 10. REPORT ON REGISTRATION OF SPACE OBJECTS. 

15 (a) IN GENERAL.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary of Com17 merce, acting through the Office of Space Commerce and 

18 in consultation with the Private Space Activity Advisory 

19 Committee established pursuant to section 80110 of title 

20 51, United States Code, as added by this Act, shall submit 

21 to the Committee on Science, Space, and Technology of 

22 the House of Representatives and the Committee on Com23 merce, Science, and Transportation of the Senate a report 

24 on the implementation of the space object registration ob25 ligations of the United States and other countries under 


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1 Article VIII of the Outer Space Treaty and the Convention 

2 on Registration of Space Objects. 

3 (b) CONTENTS OF REPORT.—The report required 

4 under subsection (a) shall include the following: 

5 (1) An identification of the practices and proce6 dures among countries that are members of the 

7 Outer Space Treaty and the Convention on Registra8 tion of Space Objects in implementing and com9 plying with the registration obligations contained in 

10 the the Treaty and Convention. 

11 (2) A description of any existing practices and 

12 procedures of the Federal Government for the reg13 istration of nongovernmental space objects. 

14 (3) Recommendations on how the registration 

15 of space objects in the United States could be im16 proved to benefit the United States, including by im17 proving United States leadership in commercial 

18 space activities. 

19 SEC. 11. COMMERCIAL SPACE LAUNCH AND REENTRY ACCI20 DENT INVESTIGATIONS. 

21 (a) FINDINGS.—Congress finds that— 

22 (1) safety oversight under existing law con23 tinues to encourage innovation and enables the 

24 United States to maintain leadership in space tech25 nology; 


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1 (2) several government agencies provide signifi2 cant expertise in the conduct of commercial space 

3 launch or reentry mishap investigations; and 

4 (3) commercial space launch and reentry is not 

5 a common carrier industry. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the commercial space launch and reentry in9 vestigation regime authorized under section 50917 

10 of title 51, United States Code, is effective and 

11 should not be substantially modified; 

12 (2) manufacturers and operators bring unique 

13 expertise and technical understanding to the com14 mercial space launch and reentry investigation proc15 ess; 

16 (3) this regime is, and should remain, focused 

17 on protecting public safety and avoid regulating a 

18 nascent industry that continues to innovate; and 

19 (4) pursuant to section 50917 of title 51, 

20 United States Code, other agencies should be al21 lowed to participate, as appropriate, in commercial 

22 space launch and reentry investigations. 

23 SEC. 12. IN-SPACE SERVICING, ASSEMBLY, AND MANUFAC24 TURING. 

25 It is the sense of Congress that— 


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1 (1) in-space servicing, assembly, and manufac2 turing capabilities are of vital importance to the 

3 United States; 

4 (2) the Federal Government should continue to 

5 promote and foster the development of commercial, 

6 crewed and autonomous in-space servicing, assembly, 

7 and manufacturing capabilities; 

8 (3) the Federal Government should cooperate 

9 and coordinate with private industry to develop and 

10 deploy in-space servicing, assembly, and manufac11 turing capabilities and utilize such capabilities for 

12 government missions as appropriate; and 

13 (4) Federal agencies with space procurement 

14 authorities and strategies should be encouraged, as 

15 appropriate, to reduce any barriers in current fed16 eral government procurement policies that limit the 

17 acquisition of such technologies or the inclusion of 

18 such technologies in federal procurement strategies. 

19 SEC. 13. SPACE NUCLEAR SYSTEMS. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the ability to use space nuclear power and 

23 propulsion systems safely, securely, and sustainably 

24 is a significant part of maintaining and advancing 

25 United States leadership in space; 


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1 (2) the United States should use all commercial 

2 means to safely and sustainably advance space ex3 ploration, including nuclear propulsion; 

4 (3) the authorization for launches of spacecraft 

5 containing space nuclear systems should follow a 

6 three-tiered process based upon the characteristics of 

7 the system, as defined in the Presidential Memo8 randum on Launch of Spacecraft Containing Space 

9 Nuclear Systems (NSPM–20), issued on August 20, 

10 2019; and 

11 (4) licensing for in all three tiers for commer12 cial launches of spacecraft containing space nuclear 

13 systems should be consistent with chapter 509 of 

14 title 51, United States Code. 

15 (b) REPORTS.— 

16 (1) BY SECRETARY OF TRANSPORTATION.—Not 

17 later than 180 days after the date of the enactment 

18 of this Act, the Secretary of Transportation, in co19 ordination with the Interagency Nuclear Safety Re20 view Board, shall submit to the Committee on 

21 Science, Space, and Technology of the House of 

22 Representatives, the Committee on Commerce, 

23 Science, and Transportation of the Senate, and the 

24 Commercial Space Transportation Advisory Com25 mittee a report containing a proposal for the process 


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1 for licensing the launch of commercial spacecraft 

2 containing space nuclear systems that includes the 

3 following: 

4 (A) Any proposed nuclear safety analysis 

5 necessary to enable the launch of a commercial 

6 space nuclear system. 

7 (B) Proposed requirements for indem8 nification and insurance. 

9 (2) BY COMMERCIAL SPACE TRANSPORTATION

10 ADVISORY COMMITTEE.—Not later than 180 days 

11 after the submission of the report under paragraph 

12 (1), the Commercial Space Transportation Advisory 

13 Committee shall submit to the Committee on 

14 Science, Space, and Technology of the House of 

15 Representatives and the Committee on Commerce, 

16 Science, and Transportation of the Senate a report 

17 detailing industry and stakeholder perspectives on 

18 the report under paragraph (1). 

19 SEC. 14. LIMITATION ON INTERNATIONAL AGREEMENTS 

20 CONCERNING OUTER SPACE ACTIVITIES. 

21 (a) IN GENERAL.—Chapter 307 of title 51, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 


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1 ‘‘§ 30705. Limitation on international agreements con2 cerning outer space activities 

3 ‘‘(a) CERTIFICATION REQUIRED.—If the United 

4 States becomes a signatory to a non-legally binding inter5 national agreement concerning an international code of 

6 conduct or norms of behavior for outer space activities or 

7 any similar agreement, at the same time as the United 

8 States becomes such a signatory— 

9 ‘‘(1) the President shall submit to the appro10 priate congressional committees a certification that 

11 such agreement has no legally-binding effect or basis 

12 for limiting the activities of nongovernmental entities 

13 of the United States in outer space; and 

14 ‘‘(2) the Administrator of the National Aero15 nautics and Space Administration, the Secretary of 

16 Commerce, and the Secretary of Transportation 

17 shall jointly submit to the appropriate congressional 

18 committees a certification that such agreement will 

19 be equitable, enhance the free exploration and use of 

20 outer space, and have no economically significant 

21 impact on the ability of United States nongovern22 mental entities to conduct activities in outer space. 

23 ‘‘(b) BRIEFINGS AND NOTIFICATIONS REQUIRED.— 

24 ‘‘(1) POLICY FORMULATION WITH RESPECT TO

25 OUTER SPACE.—No action may be taken that would 

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1 governmental entities to limit private sector activi2 ties in space except pursuant to the treaty-making 

3 power of the President set forth in Article II, Sec4 tion 2, Clause II of the Constitution or unless au5 thorized by the enactment of further affirmative leg6 islation by Congress. 

7 ‘‘(2) BRIEFINGS.— 

8 ‘‘(A) IN GENERAL.—The Administrator of 

9 the National Aeronautics and Space Adminis10 tration, the Secretary of Commerce, and the 

11 Secretary of Transportation shall jointly pro12 vide to the appropriate congressional commit13 tees regular, detailed briefings on the negotia14 tion of any non-legally-binding international 

15 agreement concerning an international code of 

16 conduct or norms of behavior for outer space 

17 activities or any similar agreement. 

18 ‘‘(B) TERMINATION OF REQUIREMENT.— 

19 The requirement to provide regular briefings on 

20 negotiations of an agreement under subpara21 graph (A) shall terminate on the date on which 

22 the United States becomes a signatory to such 

23 agreement referred to in subparagraph (A), or 

24 on the date on which the President certifies to 

25 Congress that the United States is no longer 


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1 negotiating such an agreement, whichever is 

2 earlier. 

3 ‘‘(3) NOTIFICATIONS.—If the United States be4 comes a signatory to a non-legally binding inter5 national agreement concerning an international code 

6 of conduct or norms of behavior for outer space ac7 tivities or any similar agreement, not less than 60 

8 days prior to any action that will obligate the United 

9 States to reduce or limit the activities of the United 

10 States or United States nongovernmental entities in 

11 space, the head of each department or agency of the 

12 Federal Government that is affected by such action 

13 shall submit to Congress notice of such action and 

14 the effect of such action on such department or 

15 agency, as well as the potential impact on United 

16 States nongovernmental entities. 

17 ‘‘(c) DEFINITION.—In this section, the term ‘appro18 priate congressional committees’ means the Committee on 

19 Science, Space, and Technology of the House of Rep20 resentatives and the Committee on Commerce, Science, 

21 and Transportation of the Senate.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections for chapter 307 of title 51, United 

24 States Code, is amended by inserting after the item relat25 ing to section 30704 the following new item: 


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‘‘30705. Limitation on international agreements concerning outer space activities.’’. 

Æ 


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