[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6131 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6131

 To amend title 51, United States Code, to update government oversight 
        of commercial space activities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2023

   Mr. Babin (for himself, Mr. Lucas, Mr. Posey, Mr. Mike Garcia of 
  California, Mr. Obernolte, and Ms. Tenney) introduced the following 
   bill; which was referred to the Committee on Science, Space, and 
                               Technology

_______________________________________________________________________

                                 A BILL


 
 To amend title 51, United States Code, to update government oversight 
        of commercial space activities, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Commercial Space 
Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy; purposes; definitions.
Sec. 3. Certification to operate space objects.
Sec. 4. Administrative provisions related to certification.
Sec. 5. Technical and conforming amendments.
Sec. 6. Office of Space Commerce.
Sec. 7. Space situational awareness.
Sec. 8. NASA Space Situational Awareness Institute.
Sec. 9. Launch and reentry.
Sec. 10. Report on registration of space objects.
Sec. 11. Commercial space launch and reentry accident investigations.
Sec. 12. In-space servicing, assembly, and manufacturing.
Sec. 13. Space nuclear systems.
Sec. 14. Limitation on international agreements concerning outer space 
                            activities.

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

    (a) Findings.--Congress finds the following:
            (1) The United States, through existing authorization and 
        supervision mechanisms, satisfies and is in conformity with its 
        obligation under the Outer Space Treaty to authorize and 
        supervise nongovernmental space activities to assure such 
        activities are carried out in conformity with the international 
        obligations of the United States pertaining to nongovernmental 
        entities under the Outer Space Treaty.
            (2) The United States has a robust and innovative private 
        sector that is investing in, developing, and placing into outer 
        space, spacecraft and payloads.
            (3) Authorization and supervision mechanisms for 
        nongovernmental activities in outer space that exist as of the 
        date of the enactment of this Act could be improved to relieve 
        administrative burdens on nongovernmental space entities.
            (4) It serves the national interest to address 
        misperceptions of legal uncertainty through the establishment 
        of a general authorization and supervision certification for 
        outer space activities carried on by nongovernmental entities.
            (5) The exploration and use of outer space by 
        nongovernmental entities will further the national security, 
        foreign policy, and economic interests of the United States.
    (b) Policy.--It is the policy of the United States that--
            (1) United States citizens and entities are free to explore 
        and use outer space, including through the utilization of outer 
        space and resources contained therein;
            (2) to the maximum extent practicable, the Federal 
        Government shall interpret and fulfill United States 
        international obligations in a manner that minimizes 
        regulations and limitations on the freedom of United States 
        nongovernmental entities to explore and use outer space;
            (3) to the maximum extent practicable, the Federal 
        Government shall take steps to protect the physical safety of 
        space objects operated by the Federal Government that do not 
        involve limitations on the freedoms of nongovernmental entities 
        of the United States; and
            (4) nongovernmental activities in outer space shall only be 
        authorized and supervised in manner that is transparent, 
        timely, and predictable, and that places minimal costs and 
        burdens on the authorized and supervised nongovernmental 
        entities.
    (c) Purposes.--The purposes of this Act and the amendments made by 
this Act are--
            (1) to enhance the existing outer space authorization and 
        supervision framework of the Federal Government to increase 
        transparency and efficiency, and to reduce the administrative 
        burden for nongovernmental entities of the United States 
        seeking to conduct space activities; and
            (2) to ensure that the United States remains the world 
        leader in commercial space activities.
    (d) Definitions.--In this Act--
            (1) Agreement on the rescue of astronauts and the return of 
        space objects.--the term ``Agreement on the Rescue of 
        Astronauts and the Return of Space Objects'' means the 
        Agreement on the Rescue of Astronauts, the Return of Astronauts 
        and the Return of Objects Launched into Outer Space (signed at 
        Washington, Moscow, and London on April 22, 1968, ratified by 
        the United States on December 3, 1968; 19 UST 7570).
            (2) Convention on registration of space objects.--the term 
        ``Convention on Registration of Space Objects'' means the 
        Convention on Registration of Objects Launched into Outer Space 
        (signed at New York on January 14, 1975, ratified by the United 
        States on September 15, 1976; 28 UST 695).
            (3) Covered treaties on outer space.--the term ``covered 
        treaties on outer space'' means the following:
                    (A) The Outer Space Treaty.
                    (B) The Agreement on the Rescue of Astronauts and 
                the Return of Space Objects.
                    (C) The Convention on Registration of Space 
                Objects.
                    (D) The Liability Convention.
            (4) Liability convention.--The term ``Liability 
        Convention'' means the Convention on the International 
        Liability for Damage Caused by Space Objects (signed at 
        Washington, Moscow, and London on March 29, 1972, ratified by 
        the United States on October 9, 1973; 24 UST 2389).
            (5) Outer space treaty.--The term ``Outer Space Treaty'' 
        means the Treaty on Principles Governing the Activities of 
        States in the Exploration and Use of Outer Space, including the 
        Moon and Other Celestial Bodies (signed at Washington, Moscow, 
        and London on January 27, 1967, ratified by the United States 
        on October 10, 1967; 18 UST 2410).

SEC. 3. CERTIFICATION TO OPERATE SPACE OBJECTS.

    Title 51, United States Code, is amended by adding at the end the 
following:

``Subtitle VIII--Authorization and Supervision of Nongovernmental Space 
                               Activities

         ``CHAPTER 801--CERTIFICATION TO OPERATE SPACE OBJECTS

``Sec.
``80101. Definitions.
``80102. Certification authority.
``80103. Certification application and requirements.
``80104. Mitigation of space debris.
``80105. Liability.
``80106. Continuing certification requirements.
``80107. Certification transfer.
``80108. Certification expiration and termination.
``80109. Existing license or pending application for space object 
                            operations.
``80110. Private Space Activity Advisory Committee.
``80111. Exemptions.
``Sec. 80101. Definitions
    ``In this subtitle:
            ``(1) Agency.--The term `agency' has the meaning given the 
        term `Executive agency' in section 105 of title 5.
            ``(2) Agreement on the rescue of astronauts and the return 
        of space objects.--The term `Agreement on the Rescue of 
        Astronauts and the Return of Space Objects' means the Agreement 
        on the Rescue of Astronauts, the Return of Astronauts and the 
        Return of Objects Launched into Outer Space (signed at 
        Washington, Moscow, and London on April 22, 1968, ratified by 
        the United States on December 3, 1968; 19 UST 7570).
            ``(3) Convention on registration of space objects.--The 
        term `Convention on Registration of Space Objects' means the 
        Convention on Registration of Objects Launched into Outer Space 
        (signed at New York on January 14, 1975, ratified by the United 
        States on September 15, 1976; 28 UST 695).
            ``(4) Covered treaties on outer space.--The term `covered 
        treaties on outer space' means the following:
                    ``(A) The Outer Space Treaty.
                    ``(B) The Agreement on the Rescue of Astronauts and 
                the Return of Space Objects.
                    ``(C) The Convention on Registration of Space 
                Objects.
                    ``(D) The Liability Convention.
            ``(5) Liability convention.--The term `Liability 
        Convention' means the Convention on the International Liability 
        for Damage Caused by Space Objects (signed at Washington, 
        Moscow, and London on March 29, 1972, ratified by the United 
        States on October 9, 1973; 24 UST 2389).
            ``(6) National of the united states.--The term `national of 
        the United States' has the meaning given such term in section 
        101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)).
            ``(7) Outer space treaty.--The term `Outer Space Treaty' 
        means the Treaty on Principles Governing the Activities of 
        States in the Exploration and Use of Outer Space, including the 
        Moon and Other Celestial Bodies (signed at Washington, Moscow, 
        and London on January 27, 1967, ratified by the United States 
        on October 10, 1967; 18 UST 2410).
            ``(8) Secretary.--The term `Secretary' means, except as 
        otherwise provided in this subtitle, the Secretary of Commerce, 
        acting through the Office of Space Commerce.
            ``(9) Space debris mitigation.--The term `space debris 
        mitigation' means efforts to--
                    ``(A) prevent on-orbit break-ups;
                    ``(B) remove space objects that have reached the 
                end of their mission operation from useful, densely-
                populated orbit regions; or
                    ``(C) limit the amount of debris released during 
                normal operations of a space object.
            ``(10) Space object.--
                    ``(A) In general.--The term `space object' means--
                            ``(i) a human-made object located in outer 
                        space, including on the Moon and other 
                        celestial bodies, with or without human 
                        occupants, that was launched from Earth, such 
                        as a payload or a spacecraft, including 
                        component parts of such object; or
                            ``(ii) any item carried on such object that 
                        is intended for use in outer space outside of, 
                        and independent of, the operation of such 
                        carrying object.
                    ``(B) Inclusion.--Such term also means any human-
                made object that is--
                            ``(i) manufactured or assembled in outer 
                        space; and
                            ``(ii) intended for operations in outer 
                        space outside of, and independent of, the 
                        operations of such object in which the 
                        manufacturing or assembly occurred.
                    ``(C) Exclusions.--Such term does not include--
                            ``(i) an article on board a space object 
                        that is only intended for use inside the space 
                        object;
                            ``(ii) an article manufactured or processed 
                        in outer space that is a material; or
                            ``(iii) an article intended for use outside 
                        of a space object as part of the certified 
                        operations of the space object.
            ``(11) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and any other commonwealth, territory, or possession 
        of the United States.
            ``(12) United states.--The term `United States' means the 
        States, collectively.
            ``(13) United states entity.--The term `United States 
        entity' means--
                    ``(A) an individual who is a national of the United 
                States; or
                    ``(B) a nongovernmental entity organized or 
                existing under, and subject to, the laws of the United 
                States or a State.
``Sec. 80102. Certification authority
    ``(a) In General.--Not later than one year after the date of the 
enactment of the Commercial Space Act of 2023, the Secretary shall 
begin issuing certifications for the operation of a space object to any 
United States entity that submits an application for such a 
certification in satisfaction of the requirements of this chapter.
    ``(b) Consultation.--The Secretary may, as the Secretary considers 
necessary, consult with the heads of other relevant agencies in 
carrying out the requirements of this chapter, pursuant to section 
80210.
    ``(c) Certification Required for Operation.--Beginning on the date 
that is one year after the date of the enactment of the Commercial 
Space Act of 2023, a United States entity may not operate a space 
object unless the entity--
            ``(1) holds a certification issued under this chapter for 
        the operation of such space object; or
            ``(2) holds a valid covered license, as defined in section 
        80109(c), and such covered license satisfies the requirements 
        of section 80109.
    ``(d) Foreign Entities Prohibited.--The Secretary may not issue a 
certification under this chapter to any entity that is not a United 
States entity.
    ``(e) Coverage of Certification.--The Secretary shall, to the 
maximum extent practicable, require only one certification under this 
chapter for a United States entity to--
            ``(1) conduct multiple operations carried out using a 
        single space object;
            ``(2) operate multiple space objects that carry out 
        substantially similar operations; or
            ``(3) use multiple space objects to carry out a single 
        space operation.
``Sec. 80103. Certification application and requirements
    ``(a) Application.--
            ``(1) In general.--To be eligible for a certification to 
        operate a space object or a transfer of a certification to 
        operate a space object under this chapter, a United States 
        entity shall submit an application to the Secretary as provided 
        in paragraphs (2) and (3). Such application shall include, for 
        each required item in paragraph (2), sufficient evidence to 
        demonstrate each fact or assertion.
            ``(2) Items.--An application described in paragraph (1) 
        shall include only the following information, with respect to 
        each space object and the operations proposed to be certified:
                    ``(A) The name, address, and contact information of 
                one or more nationals of the United States designated 
                by the applicant as responsible for the operation of 
                the space object.
                    ``(B) An affirmation, and a document of proof, that 
                the applicant is a United States entity.
                    ``(C) If available at the time of submission of the 
                application, the planned date and location of the 
                launch of the space object, and the identity of the 
                launch provider.
                    ``(D) The general physical form and composition of 
                the space object.
                    ``(E) A description of the proposed operations of 
                the space object that includes the following:
                            ``(i) When and where the space object will 
                        operate.
                            ``(ii) When and where operation of the 
                        space object will terminate.
                    ``(F) A space debris mitigation plan describing how 
                the space object will be operated and disposed of in a 
                manner to mitigate the generation of space debris.
                    ``(G) Information regarding third-party liability 
                insurance obtained, if any, by the applicant for 
                operation of the space object, including the amount and 
                coverage of such liability insurance.
            ``(3) Attestations.--An application described in paragraph 
        (1) shall contain an attestation by the applicant of each the 
        following:
                    ``(A) The space object is not a nuclear weapon or a 
                weapon of mass destruction.
                    ``(B) The space object will not carry a nuclear 
                weapon or weapon of mass destruction.
                    ``(C) The space object will not be operated as a 
                weapon or used for testing of any weapon on a celestial 
                body.
                    ``(D) All information in the application and 
                supporting documents is true, complete, and accurate.
    ``(b) Review of Application.--
            ``(1) Verification of information and attestations.--Not 
        later than 60 days after receipt of an application under this 
        section, the Secretary shall verify the following:
                    ``(A) The application contains all information 
                required under subsection (a)(2), including any 
                required supporting documents.
                    ``(B) The application contains each attestation 
                required under subsection (a)(3).
                    ``(C) The application does not contain any clear 
                indication of fraud or falsification.
            ``(2) Determination.--Not later than 60 days after receipt 
        of an application under this section--
                    ``(A) if the Secretary verifies that the applicant 
                has met the application requirements as described in 
                paragraph (1), the Secretary shall approve the 
                application and issue a certification to the applicant, 
                with or without conditions on the proposed operation of 
                the space object in accordance with subsection 
                (c)(1)(A); or
                    ``(B) if the Secretary cannot verify that the 
                applicant has met the application requirements as 
                described in paragraph (1), or if the Secretary 
                determines it is necessary to deny the application 
                pursuant to subsection (c)(1)(B), the Secretary--
                            ``(i) shall issue a denial of the 
                        application signed by the Secretary (a duty 
                        that may not be delegated, including to the 
                        Office of Space Commerce); and
                            ``(ii) shall, not later than 10 days after 
                        the decision to deny the application--
                                    ``(I) provide the applicant with a 
                                written notification containing a 
                                clearly articulated rationale for the 
                                denial that provides, to the maximum 
                                extent practicable, guidance to the 
                                applicant as to how such rationale for 
                                denial could be addressed in a 
                                subsequent application; and
                                    ``(II) notify the Committee on 
                                Commerce, Science, and Transportation 
                                of the Senate and the Committee on 
                                Science, Space, and Technology of the 
                                House of Representatives of such 
                                rationale.
            ``(3) Opportunity to cure.--
                    ``(A) In general.--If the Secretary finds, at any 
                point during review of the application, that it will 
                likely condition operations pursuant to paragraph 
                (2)(A), or that denial of the application is likely 
                under paragraph (2)(B), the Secretary shall provide the 
                applicant with written notification that states such 
                finding and a clearly articulated rationale for the 
                finding that provides, to the maximum extent 
                practicable, guidance to the applicant as to how such 
                rationale could be addressed in a response to the 
                notification.
                    ``(B) Response.--Not later than 10 days after 
                receipt of written notification in subparagraph (A), 
                the applicant may elect to submit a response to the 
                notification that may contain additional information to 
                clarify or remedy any issue identified in the 
                notification.
                    ``(C) Review.--If the applicant submits a response 
                to the notification described in subparagraph (B), the 
                Secretary shall review such response and issue a 
                determination pursuant to paragraph (2) either 20 days 
                after receipt of such response, or after the expiration 
                of the remainder of the 60-day period set forth in this 
                subsection, whichever is later.
                    ``(D) Limitation.--The Secretary may not issue more 
                than one notification under this paragraph for each 
                application.
            ``(4) Tolling.--The Secretary may not allow tolling of the 
        60-day period set forth in this subsection, except as specified 
        in paragraph (3).
            ``(5) Automatic approval.--If the Secretary has not 
        approved or denied the application before the deadline 
        specified in paragraph (2), or, if applicable, the deadline as 
        extended in accordance with paragraph (3), the Secretary shall 
        issue a certification without condition.
            ``(6) Subsequent review.--If the Secretary denies an 
        application pursuant to paragraph (2)(C), the Secretary may not 
        prejudice a subsequent application for the same proposed 
        operations if such subsequent application contains remedies to 
        address the rationale for the previous denial.
    ``(c) Compliance With the Outer Space Treaty.--
            ``(1) In general.--If the Secretary determines, based upon 
        clear and convincing evidence, that the proposed operation of a 
        space object under an application for a certification under 
        this chapter is a violation of an international obligation of 
        the United States pertaining to a nongovernmental entity of the 
        United States under the Outer Space Treaty--
                    ``(A) the Secretary may issue a certification with 
                conditions on the proposed operations only to the 
                extent necessary to prevent a violation of such 
                international obligation; or
                    ``(B) if the Secretary determines there is no 
                practicable way to condition the proposed operations to 
                prevent such a violation, the Secretary may deny the 
                application.
            ``(2) Limitation for determinations.--A determination under 
        paragraph (1) shall be limited as follows:
                    ``(A) The Federal Government shall interpret and 
                fulfill its international obligations under the Outer 
                Space Treaty in a manner that minimizes regulations and 
                limitations on the freedom of United States 
                nongovernmental entities to explore and use space.
                    ``(B) The Federal Government shall interpret and 
                fulfill its international obligations under the Outer 
                Space Treaty in a manner that promotes free enterprise 
                in outer space.
                    ``(C) The Federal Government may not presume all 
                obligations of the United States under the Outer Space 
                Treaty are obligations to be imputed upon United States 
                nongovernmental entities.
                    ``(D) The Federal Government may not consider 
                guidelines promulgated by the Committee on Space 
                Research of the International Science Counsel to be 
                international obligations of the United States.
            ``(3) Presumptions.--In making a determination under 
        paragraph (1), the Secretary shall presume, absent clear and 
        convincing evidence to the contrary, that--
                    ``(A) any attestation made by an applicant pursuant 
                to subsection (a)(3) is sufficient to meet the 
                international obligations of the United States 
                pertaining to nongovernmental entities of the United 
                States under the Outer Space Treaty addressed by such 
                attestation; and
                    ``(B) reasonably commercially available efforts by 
                the applicant are sufficient for the United States to 
                be in conformity with its international obligations 
                pertaining to nongovernmental entities of the United 
                States under the Outer Space Treaty.
            ``(4) Prohibition on retroactive conditions.--The Secretary 
        may not modify or place additional conditions on a 
        certification after the date on which the certification is 
        issued, except--
                    ``(A) to modify a certification to account for a 
                material change, as provided in section 80106(b); or
                    ``(B) to remove a condition pursuant to subsection 
                (d).
            ``(5) Nondelegable.--The responsibilities of the Secretary 
        under this subsection may not be delegated, including to the 
        Office of Space Commerce.
    ``(d) Authority To Remove Conditions.--The Secretary, as determined 
appropriate, may remove from a certification a condition placed on 
operations of a space object pursuant to subsection (c)(1)(A).
``Sec. 80104. Mitigation of space debris
    ``(a) Plan Submission.--To be eligible for a certification under 
this chapter, each application shall include a space debris mitigation 
plan for the space object, as set forth in section 80103(a)(2). Such 
plan--
            ``(1) shall take into account best practice guidelines 
        promulgated by the United States and the Inter-Agency Debris 
        Coordinating Committee; and
            ``(2) may take into account that a space object may 
        terminate certified operations and be stored in a safe manner 
        until such time as the space object is permanently disposed of 
        or certified for further operations.
    ``(b) Implementation.--To the maximum extent practicable, a holder 
of a certification under this chapter shall notify the Secretary not 
later than 30 days before beginning to implement the disposal phase of 
a space debris mitigation plan referred to in subsection (a). Such 
certification holder shall, not later than 30 days after completing 
implementation of such phase, notify the Secretary of the results of 
any space debris mitigation efforts.
``Sec. 80105. Liability
    ``(a) In General.--As a condition of a certification issued under 
this subtitle, a certification holder shall enter into an agreement 
with the United States under which the certification holder agrees to 
pay costs incurred by the United States that arise from a valid claim 
for compensation made by another State Party under the Outer Space 
Treaty or Liability Convention for damage caused by a space object of 
the certification holder.
    ``(b) Implementation.--The Secretary shall implement the agreement 
described in subsection (a) on behalf of the United States.
``Sec. 80106. Continuing certification requirements
    ``(a) Notification Requirement.--A certification holder shall, in a 
timely manner, notify the Secretary if--
            ``(1) a certified space object has terminated operations; 
        or
            ``(2) a certified space object is involved in a 
        catastrophic event, such as the unplanned destruction of a 
        space object.
    ``(b) Material Change.--
            ``(1) Notification of material change.--The Secretary shall 
        require certification holders to inform the Secretary of the 
        following:
                    ``(A) Any material changes to a space object or the 
                planned operations of a space object prior to launch.
                    ``(B) Any material anomalies or material departures 
                from the certified operations described during the 
                course of operations.
            ``(2) Update to certification.--Not later than 14 days 
        after the date of receipt of information regarding a material 
        change pursuant to paragraph (1), the Secretary shall make a 
        determination of whether such material change is substantial 
        enough to warrant review under section 80103(b). Not later than 
        60 days after a determination that such review is warranted, 
        the Secretary shall complete a similar review process for such 
        material change as is required for a certification application 
        under such section.
``Sec. 80107. Certification transfer
    ``(a) In General.--Subject to subsections (b) and (c), the 
Secretary shall provide for the transfer of a certification under this 
chapter from the certification holder to another United States entity 
to continue the operations allowed under such certification.
    ``(b) Transfer Request Requirements.--To be eligible for a transfer 
under subsection (a), the certification holder shall submit to the 
Secretary a request that includes the following:
            ``(1) Any information regarding the proposed transfer, 
        including accompanying supporting documents, that would be 
        required under an initial application under section 80103.
            ``(2) Each attestation required under section 80103(a)(3) 
        completed by the proposed transferee.
    ``(c) Determination.--Not later than 60 days after a certification 
holder submits a request under subsection (b), the Secretary shall 
complete a similar review process for the request for transfer as is 
required for a certification applicant under section 80103(b).
``Sec. 80108. Certification expiration and termination
    ``(a) Certification Expiration.--A certification issued under this 
chapter shall expire on the earliest of the following:
            ``(1) The date on which all operations approved under such 
        certification terminate, including carrying out the disposal 
        phase of the space debris mitigation plan.
            ``(2) The date on which all space objects approved under 
        the certification no longer exist.
            ``(3) The date that is five years after the date on which 
        the certification was issued, if no certified operations have 
        commenced by such date.
    ``(b) Certification Termination.--
            ``(1) In general.--The Secretary shall terminate a 
        certification under this chapter if an applicant or 
        certification holder is convicted of a violation of section 
        1001 of title 18 related to the certification process under 
        this chapter.
            ``(2) Eligibility.--A certification holder whose 
        certification is terminated under this subsection shall be 
        ineligible to apply for or receive a certification under this 
        chapter.
            ``(3) Space debris mitigation plan.--Upon termination of a 
        certification under paragraph (1), the Secretary may require 
        the certification holder to carry out the disposal phase of the 
        space debris mitigation plan submitted by the certification 
        holder under section 80103(a)(2).
``Sec. 80109. Existing license or pending application for space object 
              operations
    ``(a) Continuation of Existing License.--If the operations of a 
space object governed by this subtitle have been approved on or before 
the effective date of this section under a covered license, and such 
operations are not subject to an exemption under 80111, the United 
States entity responsible for the space object may--
            ``(1) elect to be immediately considered certified for 
        operation under this chapter on such effective date, and all 
        terms and conditions applicable to the operations of such space 
        object as approved in the covered license shall apply for the 
        duration of the operation of the space object; or
            ``(2) apply for a certification under this chapter for such 
        operation of the space object, and continue to operate pursuant 
        to such covered license until such time as a certification 
        under this subtitle is issued.
    ``(b) Rescission or Transfer of a Pending Covered License.--For 
operations of a space object of a United States entity that are not 
subject to an exemption under section 80111, and that are set forth in 
an application for a covered license that is pending approval on the 
effective date of this section, the applicant may elect to--
            ``(1) rescind its application for a covered license without 
        prejudice; or
            ``(2) transfer the portions of such application that are 
        related to operations governed by this subtitle to the Office 
        of Space Commerce, at which the application shall be deemed to 
        be a pending application for certification under this chapter.
    ``(c) Covered License.--In this subtitle, the term `covered 
license' means any of the following:
            ``(1) An approval of a payload for launch or reentry under 
        section 50904 as part of a license issued under chapter 509.
            ``(2) A license for spectrum use issued under the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.).
            ``(3) A license for operation of a space-based remote 
        sensing system issued under subchapter III of chapter 601 of 
        title 51.
    ``(d) Effective Date.--This section shall take effect on the date 
that is one year after the date of the enactment of the Commercial 
Space Act of 2023.
``Sec. 80110. Private Space Activity Advisory Committee
    ``(a) Establishment.--The Secretary shall establish a Private Space 
Activity Advisory Committee (in this section referred to as the 
`Committee').
    ``(b) Chair.--The Committee shall designate one member as the chair 
of the Committee for one year.
    ``(c) Membership.--The Committee shall be composed of 15 members, 
as follows:
            ``(1) Three members appointed by the Secretary.
            ``(2) Three members appointed by the chair of, and three 
        members appointed by the ranking member of, the Committee on 
        Commerce, Science, and Transportation of the Senate.
            ``(3) Three members appointed by the chair of, and three 
        members appointed by the ranking member of, the Committee on 
        Science, Space, and Technology of the House of Representatives.
    ``(d) Limitation.--Members of the Committee may not be Federal 
Government employees or officials, or employed by or affiliated with a 
federally funded research and development center.
    ``(e) Travel Expenses.--Members of the Committee shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with the applicable provisions under subchapter I of chapter 
57 of title 5.
    ``(f) Qualifications.--Members of the Committee shall include a 
variety of space professionals, including policy, engineering, 
technical, science, legal, and finance professionals. Not fewer than 
half of the members shall have significant experience working in the 
commercial space industry.
    ``(g) Terms.--Each member of the Committee--
            ``(1) shall serve for a term of four years; and
            ``(2) may not serve as a member for the two-year period 
        following the date of completion of each such term.
    ``(h) Duties.--The duties of the Committee are the following:
            ``(1) To analyze the status and recent developments of 
        nongovernmental space activities.
            ``(2) To analyze the effectiveness and efficiency of the 
        implementation of the certification process under this chapter.
            ``(3) To provide recommendations to the Secretary and 
        Congress regarding how the United States can facilitate and 
        promote a robust and innovative private sector that is 
        investing in, developing, and operating space objects.
            ``(4) To identify any challenges the United States private 
        sector is experiencing with respect to the following:
                    ``(A) The authorization and supervision of the 
                operation of space objects under this chapter.
                    ``(B) More generally, international obligations of 
                the United States relevant to private sector activities 
                in outer space.
                    ``(C) Harmful interference to private sector 
                activities in outer space.
                    ``(D) Access to adequate, predictable, and reliable 
                radio frequency spectrum for certified operations.
                    ``(E) Competing on the international marketplace.
            ``(5) To review existing best practices for United States 
        entities to avoid the harmful contamination of the Moon and 
        other celestial bodies.
            ``(6) To review existing best practices for United States 
        entities to avoid adverse changes in the environment of the 
        Earth resulting from the introduction of extraterrestrial 
        matter.
            ``(7) To review existing best practices for United States 
        entities to support the responsible launch, deployment, and 
        operation of space objects to avoid the creation of persistent 
        space debris.
            ``(8) To provide information, advice, and recommendations 
        on matters relating to United States private sector activities 
        in outer space.
            ``(9) To provide information, advice, and recommendations 
        on matters related to the authority of the Secretary under this 
        chapter, or to private sector space activities authorized 
        pursuant to this chapter, that the Committee determines 
        necessary.
    ``(i) Annual Report.--The Committee shall submit to Congress, the 
President, and the Secretary an annual report that includes the 
information, analysis, findings, and recommendations described in 
subsection (h).
    ``(j) Sunset.--The Committee shall terminate on the date that is 20 
years after the date on which the Committee is established.
``Sec. 80111. Exemptions
    ``A certification is not required under this chapter for any of the 
following operations:
            ``(1) Space activities authorized by another country that 
        is a party to the Outer Space Treaty.
            ``(2) Launch or reentry vehicle activities licensed by the 
        Department of Transportation under chapter 509.
            ``(3) Spectrum use licensed by the Federal Communications 
        Commission under the Communications Act of 1934 (47 U.S.C. 151 
        et seq.).''.

SEC. 4. ADMINISTRATIVE PROVISIONS RELATED TO CERTIFICATION.

    Title 51, United States Code, as amended by section 3, is further 
amended by adding at the end the following:

   ``CHAPTER 802--ADMINISTRATIVE PROVISIONS RELATED TO CERTIFICATION

``80201. Administrative authority.
``80202. Consultation.
``80203. Appeal of denial or condition of certification.
``80204. Exclusive authority for determination of international 
                            obligations.
``80205. Limitation on certain agency supervision.
``80206. Commercial exploration and use of outer space.
``80207. Federal jurisdiction.
``80208. Global commons.
``80209. Regulatory authority.
``80210. Consultation with relevant agencies.
``Sec. 80201. Administrative authority
    ``(a) Functions.--In order to carry out the responsibilities 
specified in this chapter, the Secretary may--
            ``(1) seek an order of injunction or similar judicial 
        determination from a district court of the United States with 
        personal jurisdiction over a certification holder to terminate 
        certifications under this subtitle and terminate certified 
        operations on an immediate basis, if the Secretary determines 
        that the certification holder has substantially failed to 
        comply with any provisions of this subtitle, or with any terms 
        of a certification;
            ``(2) provide for civil penalties not to exceed $10,000 
        (each day of operation constituting a separate violation) and 
        not to exceed $500,000 in total, for--
                    ``(A) noncompliance with the certification 
                requirements, conditions, or regulations issued under 
                this subtitle; or
                    ``(B) the operation of a space object without the 
                applicable certification issued under this subtitle;
            ``(3) compromise, modify, or remit any such civil penalty;
            ``(4) seize any object, record, or report, or copies of 
        materials, documents, or records, pursuant to a warrant from a 
        magistrate based on a showing of probable cause to believe that 
        such object, record, or report was used, is being used, or is 
        likely to be used in violation of this subtitle or the 
        requirements of a certification or regulation issued 
        thereunder; and
            ``(5) make investigations and inquiries concerning any 
        matter relating to the enforcement of this subtitle.
    ``(b) Review of Agency Action.--Any holder of, or applicant for, a 
certification who makes a timely request for review of an adverse 
action taken pursuant to paragraph (2) or (4) of subsection (a) shall 
be entitled to adjudication by the Secretary on the record after an 
opportunity for any agency hearing with respect to such adverse action. 
Any final action by the Secretary under this subsection shall be 
subject to judicial review under chapter 7 of title 5, as provided in 
section 80203 of this chapter.
    ``(c) No Cost for Certification.--The Secretary may not impose a 
fee or other cost on a holder of, or applicant for, a certification 
under chapter 801.
    ``(d) No Authority To Set Conditions.--The Secretary may not impose 
a substantive condition on, or any other requirement for, the issuance 
of a certification except as specifically provided in this subtitle.
    ``(e) FOIA Exemption.--Notwithstanding any other provision of law, 
the Secretary may withhold from public disclosure information submitted 
as part of any filing relating to a certification under this subtitle. 
For purposes of section 552 of title 5, this subsection shall be 
considered a statute described in subsection (b)(3) of such section and 
is intended to exempt information within this subtitle from disclosure. 
Nothing in this subsection may be construed as authorizing the 
withholding of information from Congress.
    ``(f) Limitation on Exceptions to Administrative Procedures.--The 
exceptions under section 553(a)(1), section 553(b)(B), or section 
554(a)(4) of title 5 shall not apply with respect to a certification 
under this subtitle.
``Sec. 80202. Consultation
    ``(a) Sense of Congress.--It is the sense of the Congress that--
            ``(1) the United States Government has assets in outer 
        space that are critical to national security, scientific 
        research, economic growth, and exploration;
            ``(2) such assets represent a considerable investment of 
        United States taxpayers; and
            ``(3) it is in the national interest of the United States 
        to facilitate opportunities to provide for the protection of 
        such assets.
    ``(b) Review.--Not later than 30 days after the Secretary issues a 
certification under chapter 801, the Secretary shall review the 
operations of any space objects covered by the certification to 
determine whether the interaction between such operations and the 
operations of a Federal Government space object present a substantial 
risk to the physical safety of a space object operated by either party.
    ``(c) Requirement To Participate in Consultation.--If the Secretary 
makes a determination that a substantial risk identified under 
subsection (b) exists, the Secretary may require that the certification 
holder participate in a consultation under this section.
    ``(d) Parties to a Consultation.--
            ``(1) In general.--A consultation under this section may be 
        held, with respect to a substantial safety risk identified 
        under subsection (b), between--
                    ``(A) a certification holder responsible for the 
                certified space object operations; and
                    ``(B) any entity of the Federal Government 
                operating a potentially affected space object.
            ``(2) Participation.--The Secretary may not impose any 
        requirement on a party pursuant to participation in the 
        consultation.
    ``(e) Mitigation of Safety Risk.--In carrying out a consultation, 
the Secretary shall--
            ``(1) facilitate a discussion among the parties to the 
        consultation;
            ``(2) encourage a mutual understanding of the safety risk; 
        and
            ``(3) encourage, to the maximum extent practicable, 
        voluntary agreements between the parties to the consultation to 
        improve the physical safety of affected space object operations 
        or mitigate the physical safety risk.
    ``(f) Duration of Consultation; Notice.--Not later than 90 days 
after the Secretary requires a consultation under this section, the 
Secretary shall--
            ``(1) complete all activities related to the consultation; 
        and
            ``(2) submit to Congress a written notification with 
        respect to such consultation, that includes--
                    ``(A) the names of each party to the consultation;
                    ``(B) a description of the physical safety risk at 
                issue;
                    ``(C) whether any voluntary agreement was made by 
                the parties; and
                    ``(D) the content of any such agreement.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed to grant any additional authority to the Secretary to 
regulate, or place conditions on, any activity conducted by a space 
object for which a certification is required under this subtitle.
``Sec. 80203. Appeal of denial or condition of certification
    ``An applicant who is denied a certification under section 
80103(b)(2)(B), or an applicant whose certification is conditioned 
pursuant to section 80103(c), respectively, may appeal the denial or 
placement of a condition to the Secretary. The Secretary shall affirm 
or reverse the denial or placement of a condition after providing the 
applicant notice and an opportunity to be heard. The Secretary shall 
dispose of the appeal not later than 60 days after the appeal is 
submitted. If the Secretary denies the appeal, the applicant may seek 
review in the United States Court of Appeals for the District of 
Columbia Circuit or in the court of appeals of the United States for 
the circuit in which the person resides or has its principal place of 
business.
``Sec. 80204. Exclusive authority for determination of international 
              obligations
    ``Except for the Secretary as authorized by this subtitle, no 
agency may impose a requirement with regard to an international 
obligation of the United States pertaining to a nongovernmental entity 
of the United States under the Outer Space Treaty relating to the 
following:
            ``(1) The operation of a space object certified under 
        chapter 801.
            ``(2) The carrying out of a space debris mitigation plan of 
        a space object for which a certification was issued under 
        chapter 801.
``Sec. 80205. Limitation on certain agency supervision
    ``(a) In General.--Not later than one year after the date of the 
enactment of the Commercial Space Act of 2023, no other agency shall 
have the authority to authorize, place conditions on, or supervise the 
operation of space objects required to be certified under chapter 801, 
except as set forth in this subtitle.
    ``(b) Agreement Limitations.--Nothing in this section may be 
construed to prevent an agency from including additional terms, 
conditions, limitations, or requirements, consistent with applicable 
provisions of law, beyond those required in this subtitle, in a 
contract or other agreement with the holder of a certification under 
chapter 801 for the operation of the applicable space object.
``Sec. 80206. Commercial exploration and use of outer space
    ``To the maximum extent practicable, the President, acting through 
appropriate Federal agencies, shall interpret and fulfill international 
obligations, including obligations under the covered treaties on outer 
space, to minimize regulations and limitations on the freedom of United 
States nongovernmental entities to explore and use outer space.
``Sec. 80207. Federal jurisdiction
    ``The district courts shall have original jurisdiction, exclusive 
of the courts of the States, over any civil action resulting from the 
operation of a space object for which a certification is required under 
this subtitle.
``Sec. 80208. Global commons
    ``Notwithstanding any other provision of law, outer space may not 
be considered a global commons.
``Sec. 80209. Regulatory authority
    ``(a) In General.--Not later than 10 months after the date of the 
enactment of the Commercial Space Act of 2023, the Secretary shall 
issue such regulations as are necessary to carry out this subtitle.
    ``(b) Reducing Regulatory Burden.--In issuing regulations to carry 
out this subtitle, the Secretary shall avoid, to the maximum extent 
practicable, the placement of inconsistent, duplicative, or otherwise 
burdensome requirements on the operations of United States 
nongovernmental entities in outer space.
``Sec. 80210. Consultation with relevant agencies
    ``(a) In General.--Subject to subsection (b), the Secretary may, as 
the Secretary considers necessary, consult with the heads of other 
relevant agencies in carrying out this subtitle.
    ``(b) Exclusive Authority of the Secretary.--The consultation 
authority under subsection (a) may not be interpreted to alter the 
exclusive authority of the Secretary to authorize, place conditions on, 
and supervise the operation of space objects under this chapter, as 
provided in and subject to the limitations of section 80205.''.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Chapters.--The table of chapters of title 51, United 
States Code, is amended by adding at the end the following:

``Subtitle VIII--Authorization and Supervision of Nongovernmental Space 
                               Activities

``801. Certification to Operate Space Objects...............     80101 
``802. Administrative Provisions Related to Certification...   80201''.
    (b) Repeals.--
            (1) In general.--Title 51, United States Code, is amended 
        as follows:
                    (A) Subchapter III of chapter 601 is repealed.
                    (B) The table of sections for chapter 601 is 
                amended by striking the items relating to subchapter 
                III.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date that is one year after the date 
        of the enactment of this Act.
    (c) Technical Corrections.--Title 51, United States Code, is 
amended--
            (1) in section 20302(c)(2), by striking ``means has the 
        meaning'' and inserting ``has the meaning'';
            (2) in section 50702(c)(5), by striking ``Space-Based 
        Position'' and inserting ``Space-Based Positioning''; and
            (3) in section 71102(1), by striking ``tracking device'' 
        and inserting ``tracking device to''.

SEC. 6. OFFICE OF SPACE COMMERCE.

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

SEC. 7. SPACE SITUATIONAL AWARENESS.

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

``50704. Space situational awareness.
``50705. Authorization of appropriations.''.

SEC. 8. NASA SPACE SITUATIONAL AWARENESS INSTITUTE.

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

SEC. 9. LAUNCH AND REENTRY.

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

``50924. Prohibition.''.

SEC. 10. REPORT ON REGISTRATION OF SPACE OBJECTS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Commerce, acting through the 
Office of Space Commerce and in consultation with the Private Space 
Activity Advisory Committee established pursuant to section 80110 of 
title 51, United States Code, as added by this Act, shall submit to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the implementation of the 
space object registration obligations of the United States and other 
countries under Article VIII of the Outer Space Treaty and the 
Convention on Registration of Space Objects.
    (b) Contents of Report.--The report required under subsection (a) 
shall include the following:
            (1) An identification of the practices and procedures among 
        countries that are members of the Outer Space Treaty and the 
        Convention on Registration of Space Objects in implementing and 
        complying with the registration obligations contained in the 
        the Treaty and Convention.
            (2) A description of any existing practices and procedures 
        of the Federal Government for the registration of 
        nongovernmental space objects.
            (3) Recommendations on how the registration of space 
        objects in the United States could be improved to benefit the 
        United States, including by improving United States leadership 
        in commercial space activities.

SEC. 11. COMMERCIAL SPACE LAUNCH AND REENTRY ACCIDENT INVESTIGATIONS.

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

SEC. 12. IN-SPACE SERVICING, ASSEMBLY, AND MANUFACTURING.

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

SEC. 13. SPACE NUCLEAR SYSTEMS.

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

SEC. 14. LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING OUTER SPACE 
              ACTIVITIES.

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

``30705. Limitation on international agreements concerning outer space 
                            activities.''.
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