Previously Scrubbed Mission Authorization Proposal Gets a Lift from OSC

The proposal, which is intended to address gaps in the current regulatory licensing regime, follows an initial concept release and stakeholder feedback process in December 2025. Through the Certification proposal, OSC seeks to present the space industry with a voluntary, centralized licensing mechanism for greater regulatory clarity, elimination of duplicative reviews, and the establishment of a more predictable authorization pathway for novel space missions.

A Brief History of Mission Authorization 
In 2015, Congress directed the U.S. Office of Science and Technology Policy (OSTP) to assess and report on existing and future commercial space activities, and then recommend a regulatory framework to provide authorization and supervision that would both meet the U.S. obligations under the Outer Space Treaty and advance U.S. domestic priorities in space. The OSTP report identified three space regulatory regimes: launch and re-entry (Federal Aviation Administration (FAA)), spectrum and orbital debris (Federal Communications Commission (FCC)), and remote sensing (National Oceanic and Atmospheric Administration (NOAA)), while recognizing that many emerging technologies and services—including satellite servicing, in-space manufacturing, commercial inhabited spacecraft, and lunar operations—were not adequately or sufficiently addressed by any of the existing licensing frameworks and would require operators to obtain multiple, often duplicative, licenses for the same mission. In the end, OSTP recommended Congress establish a new framework for the authorization and supervision of such space activities, known as mission authorization.

In 2023, several attempts to establish a mission authorization regime were put forward, including a White House proposal, a House bill, and a set of recommendations from the National Space Council’s Users’ Advisory Group (UAG). Notably, the White House proposed to authorize the U.S. Department of Transportation and Department of Commerce (DOC) to create the new framework, and then integrate the licensing processes into their respective regulatory mechanisms and areas of expertise and competency. By contrast, the House bill proposed to consolidate authority within the DOC and establish a certification process for private spacecraft and space objects not otherwise licensed by the U.S. regulatory agencies. The certification would be a passive process (rather than a licensing regime) that presumed approval unless the DOC denied the application based on a narrow set of criteria within 60 days. The UAG recommendations, released after the White House proposal, mostly aligned with the House bill. A Senate Science Committee bill was also under development, but never formally introduced.

Congress did not take any action on these mission authorization bills/proposals before the end of the session. Consequently, these efforts ultimately stalled, leaving the existing regulatory gaps unresolved at the start of the second Trump administration.

The Proposed OSC Mission Authorization Certification
Like the House bill that preceded it, the OSC proposal introduces a “Space Commerce Certification” framework intended to provide a consolidated, interagency review process for certain novel space activities. Under this framework, OSC would coordinate input from relevant agencies and issue a Certification. This approach is designed to streamline regulatory review and reduce duplicative requirements across existing licensing regimes.

Using its existing authority under 51 U.S.C. § 50702, OSC proposes a voluntary “opt-in” process to authorize novel space missions. The Certification process would be available to U.S. entities conducting novel space activities that are not clearly governed by existing regulatory frameworks (FAA/FCC/NOAA), including:

• Rendezvous and proximity operations and other satellite servicing;
• In-space computing and orbital data centers;
• Lunar surface operations;
• Lunar orbit operations; and
• Space resource utilization and extraction.

Recognizing that it would be impractical to articulate rules for each novel activity and that waiting to complete a comprehensive rulemaking would leave the regulatory gap unresolved for several years, OSC intends to clearly define what types of novel activities are eligible and what relief can be provided once a Certification is initiated. OSC believes that this certification process will enable it to more quickly certify applications while responding to unanticipated or emergent needs.

The proposal includes a broad outline as to what the eventual application requirements for Certification will be, including attestations that the spacecraft is owned and operated by a U.S. entity/person and that the space object is not a weapon and does not carry nuclear weapons or other weapons of mass destruction. OSC will permit an applicant to request certification of multiple space objects under a single application.

The proposal includes several shot clocks to prevent regulatory backlog and delay. Upon receipt of a completed application, OSC will conduct its internal review while simultaneously circulating the application to relevant interagency stakeholders. Participating agencies will have 30 days to respond and may request up to two additional 30-day extensions. If no response is provided by the end of the final extension period, silence will be treated as no objection.

Under the proposal, OSC must issue a decision within 120 days of submission of a complete application (or up to 180 days if interagency dispute resolution is required). The proposal adopts a presumption of approval framework, wherein Certification will be granted unless specific concerns are identified that cannot be mitigated through conditions. Denial must be the result of a specific and compelling risk from the proposed activity that cannot be mitigated but for denial, and tied to one of four enumerated grounds:

1. 1. The applicant is incapable of complying with Certification commitments;
   2. The proposed mission would harm national security;
   3. The mission would violate international obligations or adversely affect U.S. foreign policy; or
   4. The mission would pose unacceptable safety risks.

An applicant whose Certification is denied may request reconsideration by the Commerce Secretary within 21 days of the decision or may reapply after addressing the basis for denial.

Complementary, Not Substitutable, Regulatory Frameworks
The Certification process is not intended to replace or augment the statutory authorities of the FAA, FCC, or NOAA. Rather, OSC contemplates that these agencies may incorporate the Certification into their existing processes to eliminate duplicative review. For example, when reviewing the application of a satellite services provider for spectrum usage, the FCC could amend or waive its rules to rely on the orbital debris mitigation demonstrations made in conjunction with the Certification process.

The proposal also contemplates a risk-informed approach to ongoing supervision, including periodic attestations and limited reporting, with more active oversight triggered by material changes or indications of non-compliance. Failure to comply with Certification commitments may result in revocation of the Certification and potential enforcement by relevant regulators.

Rolling Feedback Deadline
The OSC proposal reflects the on-going effort to develop and implement a mission authorization framework to close the ever-increasing gap in oversight and authorization of novel space technologies. While there is no set comment deadline, interested parties are invited to submit comments by email to Space.Commerce@noaa.gov with the subject line “Feedback - Mission Authorization Proposal.” Given the directives of EOs 14192 and 14335 and pace at which OSC has reviewed and incorporated the initial stage feedback into the proposal, stakeholders are encouraged to comment as soon as possible.

Interested stakeholders have an immediate opportunity to shape the development of the mission authorization Certification process and help facilitate U.S. leadership and innovation in the space industry.

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For more information about the OSC’s proposed mission authorization Certification framework and its potential implications, or for assistance in preparing and submitting comments, please contact the authors.