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 Cali-
fornia, 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 govern-
ment oversight of commercial space activities, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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. 
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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 activi-
ties. 
SEC. 2. FINDINGS; POLICY; PURPOSES; DEFINITIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States, through existing author-
ization and supervision mechanisms, satisfies and is 
in conformity with its obligation under the Outer 
Space Treaty to authorize and supervise nongovern-
mental space activities to assure such activities are 
carried out in conformity with the international obli-
gations of the United States pertaining to non-
governmental entities under the Outer Space Treaty. 
(2) The United States has a robust and innova-
tive private sector that is investing in, developing, 
and placing into outer space, spacecraft and pay-
loads. 
(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. 
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(4) It serves the national interest to address 
misperceptions of legal uncertainty through the es-
tablishment of a general authorization and super-
vision 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 con-
tained 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 Fed-
eral Government that do not involve limitations on 
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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 author-
ization and supervision framework of the Federal 
Government to increase transparency and efficiency, 
and to reduce the administrative burden for non-
governmental 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 ASTRO-
NAUTS 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 Astro-
nauts and the Return of Objects Launched into 
Outer Space (signed at Washington, Moscow, and 
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(5) OUTER SPACE TREATY.—The term ‘‘Outer 
Space Treaty’’ means the Treaty on Principles Gov-
erning the Activities of States in the Exploration 
and Use of Outer Space, including the Moon and 
Other Celestial Bodies (signed at Washington, Mos-
cow, 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 
Nongovern-
mental 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. 
‘‘§ 80101. Definitions 
‘‘In this subtitle: 
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‘‘(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 ASTRO-
NAUTS 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 Astro-
nauts 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 Registra-
tion 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 As-
tronauts and the Return of Space Objects. 
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‘‘(C) The Convention on Registration of 
Space Objects. 
‘‘(D) The Liability Convention. 
‘‘(5) LIABILITY CONVENTION.—The term ‘Li-
ability Convention’ means the Convention on the 
International Liability for Damage Caused by Space 
Objects (signed at Washington, Moscow, and Lon-
don 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 Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)). 
‘‘(7) OUTER SPACE TREATY.—The term ‘Outer 
Space Treaty’ means the Treaty on Principles Gov-
erning the Activities of States in the Exploration 
and Use of Outer Space, including the Moon and 
Other Celestial Bodies (signed at Washington, Mos-
cow, 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 Of-
fice of Space Commerce. 
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‘‘(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 ob-
ject’ 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 out-
side of, and independent of, the operation 
of such carrying object. 
‘‘(B) INCLUSION.—Such term also means 
any human-made object that is— 
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‘‘(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 proc-
essed in outer space that is a material; or 
‘‘(iii) an article intended for use out-
side of a space object as part of the cer-
tified 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. 
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‘‘(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. 
‘‘§ 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 sat-
isfaction 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 
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‘‘(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 Sec-
retary 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. 
‘‘§ 80103. Certification application and requirements 
‘‘(a) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible for a certifi-
cation 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 ap-
plication to the Secretary as provided in paragraphs 
(2) and (3). Such application shall include, for each 
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required item in paragraph (2), sufficient evidence 
to demonstrate each fact or assertion. 
‘‘(2) ITEMS.—An application described in para-
graph (1) shall include only the following informa-
tion, with respect to each space object and the oper-
ations proposed to be certified: 
‘‘(A) The name, address, and contact in-
formation of one or more nationals of the 
United States designated by the applicant as 
responsible for the operation of the space ob-
ject. 
‘‘(B) An affirmation, and a document of 
proof, that the applicant is a United States en-
tity. 
‘‘(C) If available at the time of submission 
of the application, the planned date and loca-
tion of the launch of the space object, and the 
identity of the launch provider. 
‘‘(D) The general physical form and com-
position of the space object. 
‘‘(E) A description of the proposed oper-
ations of the space object that includes the fol-
lowing: 
‘‘(i) When and where the space object 
will operate. 
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‘‘(ii) When and where operation of the 
space object will terminate. 
‘‘(F) A space debris mitigation plan de-
scribing 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 li-
ability insurance obtained, if any, by the appli-
cant for operation of the space object, including 
the amount and coverage of such liability insur-
ance. 
‘‘(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 nu-
clear 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 ac-
curate. 
‘‘(b) REVIEW OF APPLICATION.— 
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‘‘(1) VERIFICATION OF INFORMATION AND AT-
TESTATIONS.—Not later than 60 days after receipt 
of an application under this section, the Secretary 
shall verify the following: 
‘‘(A) The application contains all informa-
tion required under subsection (a)(2), including 
any required supporting documents. 
‘‘(B) The application contains each attes-
tation 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 ap-
plicant 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 require-
ments as described in paragraph (1), or if the 
Secretary determines it is necessary to deny the 
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application pursuant to subsection (c)(1)(B), 
the Secretary— 
‘‘(i) shall issue a denial of the applica-
tion signed by the Secretary (a duty that 
may not be delegated, including to the Of-
fice 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 clear-
ly 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 Transpor-
tation of the Senate and the Com-
mittee on Science, Space, and Tech-
nology of the House of Representa-
tives of such rationale. 
‘‘(3) OPPORTUNITY TO CURE.— 
‘‘(A) IN GENERAL.—If the Secretary finds, 
at any point during review of the application, 
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that it will likely condition operations pursuant 
to paragraph (2)(A), or that denial of the appli-
cation is likely under paragraph (2)(B), the 
Secretary shall provide the applicant with writ-
ten 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 ra-
tionale could be addressed in a response to the 
notification. 
‘‘(B) RESPONSE.—Not later than 10 days 
after receipt of written notification in subpara-
graph (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 sub-
paragraph (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 re-
mainder of the 60-day period set forth in this 
subsection, whichever is later. 
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‘‘(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 sub-
section, 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 appli-
cable, the deadline as extended in accordance with 
paragraph (3), the Secretary shall issue a certifi-
cation without condition. 
‘‘(6) SUBSEQUENT REVIEW.—If the Secretary 
denies an application pursuant to paragraph (2)(C), 
the Secretary may not prejudice a subsequent appli-
cation for the same proposed operations if such sub-
sequent application contains remedies to address the 
rationale for the previous denial. 
‘‘(c) COMPLIANCE WITH THE OUTER SPACE TREA-
TY.— 
‘‘(1) IN
GENERAL.—If the Secretary deter-
mines, 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 
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United States pertaining to a nongovernmental enti-
ty of the United States under the Outer Space Trea-
ty— 
‘‘(A) the Secretary may issue a certifi-
cation with conditions on the proposed oper-
ations 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 Sec-
retary may deny the application. 
‘‘(2) LIMITATION
FOR
DETERMINATIONS.—A 
determination under paragraph (1) shall be limited 
as follows: 
‘‘(A) The Federal Government shall inter-
pret 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 enti-
ties to explore and use space. 
‘‘(B) The Federal Government shall inter-
pret and fulfill its international obligations 
under the Outer Space Treaty in a manner that 
promotes free enterprise in outer space. 
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mental entities of the United States under the 
Outer Space Treaty. 
‘‘(4) PROHIBITION
ON
RETROACTIVE
CONDI-
TIONS.—The Secretary may not modify or place ad-
ditional 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 dele-
gated, 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). 
‘‘§ 80104. Mitigation of space debris 
‘‘(a) PLAN SUBMISSION.—To be eligible for a certifi-
cation 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— 
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‘‘(1) shall take into account best practice guide-
lines 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 de-
bris mitigation plan referred to in subsection (a). Such 
certification holder shall, not later than 30 days after com-
pleting implementation of such phase, notify the Secretary 
of the results of any space debris mitigation efforts. 
‘‘§ 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 compensa-
tion made by another State Party under the Outer Space 
Treaty or Liability Convention for damage caused by a 
space object of the certification holder. 
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‘‘(b) IMPLEMENTATION.—The Secretary shall imple-
ment the agreement described in subsection (a) on behalf 
of the United States. 
‘‘§ 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 op-
erations; or 
‘‘(2) a certified space object is involved in a cat-
astrophic 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 ob-
ject or the planned operations of a space object 
prior to launch. 
‘‘(B) Any material anomalies or material 
departures from the certified operations de-
scribed 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 
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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 re-
quired for a certification application under such sec-
tion. 
‘‘§ 80107. Certification transfer 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), the Secretary shall provide for the transfer of a certifi-
cation 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 certifi-
cation holder shall submit to the Secretary a request that 
includes the following: 
‘‘(1) Any information regarding the proposed 
transfer, including accompanying supporting docu-
ments, that would be required under an initial appli-
cation 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 
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(b), the Secretary shall complete a similar review process 
for the request for transfer as is required for a certifi-
cation applicant under section 80103(b). 
‘‘§ 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 car-
rying out the disposal phase of the space debris miti-
gation plan. 
‘‘(2) The date on which all space objects ap-
proved 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 termi-
nate a certification under this chapter if an appli-
cant 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 sub-
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section 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 miti-
gation plan submitted by the certification holder 
under section 80103(a)(2). 
‘‘§ 80109. Existing license or pending application for 
space object operations 
‘‘(a) CONTINUATION OF EXISTING LICENSE.—If the 
operations of a space object governed by this subtitle have 
been approved on or before the effective date of this sec-
tion 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 
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