Commercial Space Act of 2023

The Commercial Space Act of 2023 updates government oversight of commercial space activities by amending title 51 of the United States Code. It establishes a certification system for nongovernmental space objects, creates administrative provisions, and addresses space situational awareness, launch and reentry, accident investigations, in-space servicing, space nuclear systems, and international agreements.

Sec. 3, Certification to operate space objects: This section adds a new subtitle to title 51, creating a certification process for nongovernmental entities to operate space objects. It includes definitions, application requirements, space debris mitigation, liability, continuing requirements, transfer, expiration, exemptions, and an advisory committee.

Sec. 4, Administrative provisions related to certification: This section adds a new chapter on administrative authority for certification, including injunctions, civil penalties up to $10,000 per day and $500,000 total, seizure with warrant, and investigations.

Sec. 5, Technical and conforming amendments: This section updates the table of chapters, repeals subchapter III of chapter 601 effective one year after enactment, and makes technical corrections to title 51.

Sec. 6, Office of Space Commerce: This section amends section 50702 to require the Director to report directly to the Secretary of Commerce and adds duties to authorize nongovernmental space operations and promote best practices for space object safety.

Sec. 7, Space situational awareness: This section adds a new section 50704 requiring the Director of the Office of Space Commerce to competitively award a cooperative agreement within one year to establish a consortium for space situational awareness data and services, and prohibits the Secretary from regulating space situational awareness or traffic management.

Sec. 8, NASA Space Situational Awareness Institute: This section amends section 31501 to require the NASA Administrator to award a cooperative agreement to establish a Space Situational Awareness Institute for research on orbital debris and space situational awareness, subject to appropriations.

Sec. 9, Launch and reentry: This section amends chapter 509 to narrow the grounds for preventing launches or reentries to public health, safety, property, international obligations, and substantial national security harm, and clarifies that payloads certified under chapter 801 cannot be prevented based on international obligations.

Sec. 10, Report on registration of space objects: This section requires the Secretary of Commerce, within one year, to submit a report to Congress on space object registration practices, including identification of international procedures, federal practices, and recommendations for improvement.

Sec. 11, Commercial space launch and reentry accident investigations: This section includes findings that the current investigation regime under section 50917 is effective and should not be substantially modified, and that other agencies should be allowed to participate as appropriate.

Sec. 12, In-space servicing, assembly, and manufacturing: This section expresses the sense of Congress that these capabilities are vital, and the federal government should promote their development, cooperate with private industry, and reduce procurement barriers.

Sec. 13, Space nuclear systems: This section expresses the sense of Congress on safe use of space nuclear systems and requires the Secretary of Transportation to submit a report within 180 days on licensing processes, and the Commercial Space Transportation Advisory Committee to submit a report on industry perspectives.

Sec. 14, Limitation on international agreements concerning outer space activities: This section adds a new section 30705 requiring certifications from the President and agency heads if the U.S. signs non-legally binding international agreements on space conduct, and mandates briefings and notifications to Congress.