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115th Congress } { Rept. 115-1106
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
AMERICAN SPACE SITUATIONAL AWARENESS AND FRAMEWORK FOR ENTITY
MANAGEMENT ACT
_______
December 22, 2018.--Ordered to be printed
_______
Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following
R E P O R T
[To accompany H.R. 6226]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 6226) to direct the Secretary of
Commerce to provide for civil space situational awareness
services and information, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 6
Section-by-Section............................................... 12
Explanation of Amendments........................................ 13
Committee Consideration.......................................... 13
Roll Call Votes.................................................. 13
Application of Law to the Legislative Branch..................... 15
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 15
Statement of General Performance Goals and Objectives............ 15
Duplication of Federal Programs.................................. 15
Disclosure of Directed Rule Makings.............................. 15
Federal Advisory Committee Act................................... 15
Unfunded Mandate Statement....................................... 15
Earmark Identification........................................... 16
Committee Estimate............................................... 16
Budget Authority and Congressional Budget Office Cost Estimate... 16
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Space Situational Awareness
and Framework for Entity Management Act'' or the ``American Space SAFE
Management Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
(2) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
SEC. 3. NATIONAL CIVIL SPACE SITUATIONAL AWARENESS AND SPACE TRAFFIC
MANAGEMENT SCIENCE AND TECHNOLOGY PLAN.
(a) Policy.--It is the policy of the United States to encourage the
coordination of public and private sector science and technology
activities to improve space situational awareness and space traffic
management.
(b) Plan.--Not later than 180 days after the date of enactment of
this Act, the Administrator of NASA, in consultation with other Federal
departments and agencies, as appropriate, shall develop and submit to
the appropriate committees of Congress a national civil space
situational awareness and space traffic management science and
technology plan.
(c) Purpose.--The Plan developed under subsection (b) shall carry out
the policy set forth under subsection (a) by identifying and
prioritizing civil space situational awareness and space traffic
management research and development activities in support of the
activities to be conducted pursuant to sections 4 and 5.
(d) Contents.--The plan developed under subsection (b) shall include
recommendations--
(1) to improve coordination among Federal departments and
agencies on civil space situational awareness and space traffic
management research and development;
(2) to promote and facilitate private investment in civil
space situational awareness and space traffic management
research and development;
(3) to identify current and project future private investment
in civil space situational awareness and space traffic
management research and development;
(4) to work proactively with the private sector to avoid
competing with, disincentivizing, or otherwise discouraging
private sector research and development investment; and
(5) to prioritize Federal Government investments in civil
space situational awareness and space traffic management
research and development to occur over a 5-year funding period.
(e) Availability.--The Administrator shall ensure that the plan
developed under subsection (b), and any updates to such plan, are made
available on a publicly accessible website and published in the Federal
Register.
(f) Updated Plan.--Every 5 years, the Administrator shall update the
plan and submit the updated plan to the appropriate committees of
Congress.
(g) Annual Budget.--In submitting each annual budget request to
Congress, the President shall identify activities to implement the
plan.
(h) Center for Civil Space Situational Awareness and Space Traffic
Management Science and Technology Excellence.--
(1) Establishment.--The Administrator of NASA shall
establish, through a competitive process, a Center for Civil
Space Situational Awareness and Space Traffic Management
Science and Technology Excellence at a United States academic
institution or institutions.
(2) Purpose.--The purpose of the Center established under
paragraph (1), taking into account the plan established in this
section, shall be to develop, lead, and promote research that
furthers civil space situational awareness, space traffic
coordination, and space traffic management.
(3) Funding.--NASA shall devote not less than $2,000,000 to
carry out this subsection for each of fiscal years 2019 through
2023, subject to the availability of appropriations, to come
from amounts made available for NASA. This subsection shall be
carried out using funds otherwise appropriated by law after the
date of enactment of this Act.
SEC. 4. CIVIL SPACE SITUATIONAL AWARENESS PROGRAM.
(a) Findings.--Congress finds that--
(1) commercial activity in space is accelerating and the
United States has a growing commercial space market;
(2) the number of launches and satellites in orbit will grow
significantly in the near future, increasing the number of
objects, satellites, and debris, and the risk of collisions;
and
(3) responsible space operations has large implications for
the sustainability of space activities, and in turn the
prosperity and national security of the United States.
(b) Policy.--It is the policy of the United States to establish and
maintain a civil space situational awareness program that provides the
public space situational awareness information and services in order to
facilitate a safe operational environment. The Program established
under subsection (c) shall facilitate and promote opportunities for
United States private sector providers of space situational awareness
data, information, and services to participate in and contribute to the
Program. The Program shall promote broad participation from both
domestic and international spacecraft operators.
(c) Establishment.--No later than 1 year after the date of enactment
of this Act, the Secretary of Commerce shall establish a civil space
situational awareness program (in this section, referred to as the
``Program'') to provide space situational awareness services and
information to, and obtain space situational awareness data and
information from, eligible entities described under subsection (f), in
accordance with this section.
(d) Consultation.--In developing the Program, the Secretary of
Commerce shall consult with--
(1) other Federal departments and agencies, as the Secretary
considers appropriate; and
(2) the United States private sector and academia.
(e) Transition Plan.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Commerce and the
Secretary of Defense, in coordination with relevant Federal
agencies, shall jointly submit a transition plan to the
appropriate committees of Congress for the transfer to the
Department of Commerce of the provision of space situational
awareness services and information performed under section 2274
of title 10, United States Code, as of the day before the date
of the enactment of this Act.
(2) Contents.--The transition plan referred to in paragraph
(1) shall--
(A) contain an analysis of how to prevent a gap in
the provision of the space situational awareness
services and information referred to in such paragraph;
(B) identify the capabilities the Department of
Commerce requires to provide such services and
information, including--
(i) workforce, facilities, and training;
(ii) the cost of such capabilities; and
(iii) the estimated effective date for such
capabilities; and
(C) describe the structure of any partnership with a
commercial or international entity or entities in which
the Department of Commerce may enter for purposes of
providing such services and information.
(f) Eligible Entities.--The Secretary may provide services and
information under the Program to, and may obtain data and information
from, an entity, including any of the following:
(1) A State.
(2) A political subdivision of a State.
(3) A United States commercial entity.
(4) The government of a foreign country.
(5) A foreign commercial entity.
(g) User Fees.--
(1) No fee for basic set.--In providing space situational
awareness services and information under the Program, the
Secretary shall provide a basic set of such services and
information, as determined by the Secretary, without charging a
user fee.
(2) Additional services and information.--The Secretary is
authorized to charge a reasonable user fee for any additional
space situational awareness services and information not
provided under paragraph (1).
(3) Statutory construction.--Nothing in this subsection shall
be construed to preclude private sector entities from charging
a user fee for providing space situational awareness services
and information.
(h) Quality of Services and Information.--The Program shall provide
space situational awareness services and information that are as good
as or better than the services and information provided pursuant to
section 2274 of title 10, United States Code, as determined by the
Secretary.
(i) Space Situational Awareness Data Testbed.--In carrying out the
Program, the Secretary shall provide for a space situational awareness
data testbed to facilitate innovation in the use of space situational
awareness data to support space situational awareness services that may
be provided by the Federal Government or the private sector. The
testbed shall allow the public to access such space situational
awareness data, including United States Government data, as the
Secretary considers appropriate. The Secretary shall place conditions
on such data in consultation with appropriate Federal departments and
agencies to protect United States national security and foreign policy
interests.
(j) Promoting Private Sector Solutions.--The Secretary shall
facilitate and promote opportunities for United States private sector
providers of space situational awareness data, information, and
services to participate in and contribute to the Program.
(k) Role of NASA.--In implementing and carrying out the Program, the
Secretary of Commerce may use, on a reimbursable basis and to the
greatest extent practicable, NASA's existing infrastructure, workforce,
and experience relating to space situational awareness, including
conjunction assessments that NASA provides for NASA robotic and crewed
operations.
(l) Other Federal Agencies.--In implementing and carrying out the
Program, the Secretary of Commerce may leverage existing workforce and
experience of other Federal agencies relating to space situational
awareness for the training of staff and other needs, as determined by
the Secretary.
(m) Immunity.--The United States, any agencies and instrumentalities
thereof, including the Department of Commerce and NASA, and any
individuals, firms, corporations, and other persons acting for the
United States, shall be immune from any suit in any court for any cause
of action arising from the provision or receipt of space situational
awareness services or information, whether or not provided in
accordance with this section, or any related action or omission.
(n) Quarterly Briefing.--The Department of Commerce and NASA shall
brief the appropriate committees of Congress quarterly, beginning on
the date that is 3 months after the date of enactment of this Act, on
the status of, and all progress, changes, and other developments
related to, carrying out the Program.
(o) Program Users.--The Secretary shall, to the maximum extent
feasible and as soon as is practicable after the establishment of the
Program, engage with and solicit feedback from stakeholders that are
contributors to or recipients of space situational awareness services
and information under the Program in order to, at a minimum, receive
practical information on the effectiveness of the Program and receive
recommendations on how to improve the Program.
(p) Statutory Construction.--Nothing in this section may be construed
to modify any other authorities for the Federal Government to provide
space situational awareness services and information to the public.
(q) Funding.--The Secretary shall devote no less than $20,000,000 to
carry out this section for each of fiscal years 2019 through 2023,
subject to the availability of appropriations, to come from amounts
made available for the Office of the Secretary. This section shall be
carried out using funds otherwise appropriated by law after the date of
enactment of this Act.
SEC. 5. SPACE TRAFFIC MANAGEMENT FRAMEWORK.
(a) Findings.--Congress finds the following:
(1) The United States has the capability to rapidly develop
voluntary civil space traffic coordination guidelines,
practices, and standards.
(2) It is in the national interest that the United States
leads the world in the development of voluntary civil space
traffic coordination guidelines, practices, and standards in
cooperation with the private sector in the United States.
(3) The United States should promote the international
adoption of such civil space traffic coordination guidelines,
practices, and standards developed in the United States.
(4) Establishing voluntary civil space traffic coordination
guidelines, practices, and standards is an important first step
in developing a comprehensive space traffic management
framework.
(b) Policy.--It is the policy of the United States to timely develop
voluntary civil space traffic coordination guidelines, practices, and
standards to ensure a safe operational environment.
(c) Voluntary Civil Space Traffic Coordination Guidelines, Practices,
and Standards.--
(1) In general.--The Secretary of Commerce shall, in
consultation with appropriate governmental and nongovernmental
entities, promote the development of voluntary civil space
traffic coordination guidelines, practices, and standards to
ensure a safe operational environment and inform development of
a comprehensive space traffic management framework.
(2) Guidelines.--
(A) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Commerce
shall publish voluntary civil space traffic
coordination guidelines. Such guidelines shall be
developed in consultation with other relevant Federal
agencies, domestic private entities (including entities
in the commercial sector and institutions of higher
education (as such term is defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001))).
(B) Public comment.--To facilitate and assure ample
opportunity for input from domestic private entities
specified in subparagraph (A), during the period in
which the development of the guidelines under such
subparagraph occurs, the Secretary of Commerce shall
allow for a public comment period to identify key
issues, trends, and needs that should be addressed
during the period of that development.
(C) Use of guidelines.--Federal agencies operating
spacecraft shall, to the extent practicable and taking
into account the national security interests of the
United States in operating such spacecraft, follow the
guidelines issued under subparagraph (A).
(d) Pilot Program.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Commerce shall
establish a civil space traffic coordination pilot program
under which the Secretary will, using the guidelines,
practices, and standards developed under subsection (c) to the
greatest extent practicable, facilitate communication,
coordination, negotiation, and resolution among domestic and
international civil spacecraft operators (including
governmental and private entities operating such spacecraft)
for the purposes of improving the safety of spaceflight. The
Secretary shall, to the greatest extent practicable,
incentivize participation in the pilot program. Nothing in the
preceding sentence shall be construed as requiring a private
entity to participate in such pilot program.
(2) Public comment.--Before establishing the pilot program
under this subsection, the Secretary of Commerce shall publish
information about the program's details in the Federal Register
and allow for public comment for a reasonable period that ends
before the date of such establishment.
(3) Duration.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is 5
years after the pilot program under paragraph (1) is
established.
(4) Pilot program participants.--The Secretary shall, to the
maximum extent feasible and as soon as is practicable after the
date on which the pilot program is established under paragraph
(1), engage with and solicit feedback from pilot program
participants, in order to, at minimum, receive practical
information on the effectiveness of the pilot program and
receive recommendations on how to improve the pilot program.
(5) Funding.--The Secretary of Commerce shall devote no less
than $5,000,000 for each of fiscal years 2019 through 2023 to
carry out this subsection, subject to the availability of
appropriations, to come from amounts made available for the
Office of the Secretary. This subsection shall be carried out
using funds otherwise appropriated by law after the date of
enactment of this Act.
(e) Reports.--
(1) Space traffic coordination standards.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Commerce shall submit to the appropriate committees of
Congress a report on the role the Department of Commerce,
including the National Institute of Standards and Technology,
will have in the development of civil space traffic
coordination standards for purposes of promoting innovation and
the competitiveness of the United States.
(2) Report on next steps for space traffic management
framework.--Beginning not later than 1 year after the date of
the enactment of this Act and every 2 years thereafter, the
Secretary of Commerce shall submit to the appropriate
committees of Congress a report on, for the period covered by
the report--
(A) the state of domestic and international civil
space traffic management, including voluntary or
legally binding guidelines, practices, and standards;
and
(B) the Secretary's recommendations on what steps
should be taken by the United States to facilitate--
(i) further development and adoption of the
guidelines, practices, and standards developed
under subsection (c);
(ii) coordination carried out pursuant to
subsection (d); and
(iii) development of a comprehensive space
traffic management framework.
Committee Statement and Views
PURPOSE AND SUMMARY
The purpose of H.R. 6226, the ``American Space Situational
Awareness and Framework for Entity Management Act,'' or the
``American Space SAFE Management Act,'' is to direct the
Secretary of Commerce to provide for civil space situational
awareness services and information by establishing a space
traffic management framework to ensure a safe operating
environment and to promote U.S. leadership in space.
BACKGROUND AND NEED FOR LEGISLATION
The space environment is critical to the interests of the
United States. The United States utilizes space for national
security, Earth observation, telecommunications (including
financial transactions, internet, telephone, data transfer, and
television), navigation, scientific and human exploration, and
economic development. Therefore, it is in the national interest
to ensure the safety of the space environment through coherent
and thoughtful space situational awareness (SSA) and space
traffic management (STM) policy.
SSA refers to the current and predictive knowledge of the
space environment in which operations occur. Effective SSA
provides accurate information, giving operators the ability to
predict and avoid collisions in space. Having effective SSA is
crucial not only because of the possibility of losing a
critical space asset but also because of the devastating
follow-on effects of an outer space collision. Both accidents
and intentional destructive events can produce large quantities
of orbital debris that can cause subsequent collisions,
threatening space assets for years to come.
The U.S. Department of Defense maintains the world's most
extensive orbital tracking network. As of 2014, their database
follows roughly 23,000 objects in space measuring 10 cm in
diameter or larger. Currently, objects smaller than 10 cm
cannot reliably be tracked because they are too small to follow
consistently. Scientists estimate that about 500,000 bits of
debris measuring 1 to 10 cm orbit Earth, and that millions
smaller than 1 cm may exist. Objects in orbit around Earth
travel at an extremely high speed, between 3.1 kilometers per
second (7,000 miles per hour) and 7 kilometers per second
(15,600 miles per hour), on average. Due to their high
velocity, even very small objects can cripple or destroy
working spacecraft and endanger astronauts.
Private and public entities are building extensive
satellite constellations, with hundreds or even thousands of
satellites, increasing the complexity of space activity and
potential for disastrous collisions. Maintaining safety in this
environment requires a robust SSA framework. The Department of
Defense will continue its role in SSA activities by maintaining
its catalog of space objects but is eager to transfer SSA
information management and services to the appropriate civilian
agency, the Department of Commerce. This transition would
greatly improve access to SSA data and services in the United
States and promote a safer operational environment in space.
STM is the second component of ensuring a safe operational
orbital environment. Given the complexity of the outer space
environment, including the activity of public and private
entities from over 50 spacefaring nations, establishing safe
and predictable behaviors is essential to mitigating risks.
This is especially true given the emergence of proximity
operations, such as satellite servicing. Establishing policy
and best practices framework sets the example for the rest of
the world, fostering collaboration while maintaining American
leadership.
Effective SSA and STM are vital to safe operations in
space, particularly for operators and their spacecraft.
Establishing a proactive policy ensures the safety of public
and private assets, promotes national security interests, and
demonstrates continued American leadership in space.
LEGISLATIVE HISTORY
During the 113th, 114th and 115th Congresses, the House
Committee on Science, Space, and Technology held six hearings
and three markups relevant to H.R. 6226.
On Wednesday, November 20, 2013, the Subcommittee on Space
held a hearing titled, ``Commercial Space,'' to examine ways in
which companies are utilizing federal support and government
policies to grow their commercial business in space launch,
communications, GPS, remote sensing, weather monitoring,
suborbital tourism, scientific research, and human spaceflight.
The witnesses discussed policies contained in H.R. 3038, the
``Suborbital and Orbital Advancement and Regulatory
Streamlining Act,'' or ``SOARS Act.'' The Subcommittee heard
testimony from the Honorable Kevin McCarthy, Member and
Majority Whip of the U.S. House of Representatives; Ms.
Patricia Cooper, President of the Satellite Industry
Association; Mr. Stuart Witt, Chief Executive Officer and
General Manager of the Mojave Air and Space Port; and Mr.
Dennis Tito, Chairman of the Inspiration Mars Foundation.
On Tuesday, February 4, 2014, the Subcommittee on Space
held a hearing titled, ``Necessary Updates to the Commercial
Space Launch Act,'' to discuss the growth of the commercial
space industry since the passage of the Commercial Space Launch
Act (CSLA) of 1984. The CSLA provided authority to the Federal
Aviation Administration (FAA) to license launches and indemnify
launch providers from third-party claims should an accident
occur. The law also provides a framework for the FAA's
regulatory authority. The hearing examined the various changes
in the industry and what, if any, accompanying changes to the
CSLA may be needed going forward. The Subcommittee heard
testimony from Dr. George Nield, Associate Administrator for
Commercial Space Transportation at the Federal Aviation
Administration; Dr. Alicia Cackley, Director of Financial
Markets and Community Investment Team at the Government
Accountability Office; and Dr. Henry Hertzfeld, Research
Professor of Space Policy and International Affairs at the
Elliot School of International Affairs at George Washington
University.
On Friday, May 9, 2014, the Subcommittee on Space held a
hearing titled, ``Space Traffic Management: How to Prevent a
Real Life `Gravity','' to explore the roles and
responsibilities of the Department of Defense, FAA, and the
Federal Communications Commission (FCC) in policing orbital
debris, what authorities are currently granted by Congress to
federal agencies, and how the coordinate these activities. The
Subcommittee heard testimony from Lt. Gen. John ``Jay''
Raymond, Commander of the 14th Air Force of the Air Force Space
Command, and Commander of the Joint Functional Component
Command for Space of the U.S. Strategic Command; Mr. George
Zamka, Deputy Associate Administrator of the Office of
Commercial Space Transportation at the Federal Aviation
Administration; Mr. Robert Nelson, Chief Engineer at the
International Bureau of the Federal Communications Commission;
Mr. P.J. Blount, Adjunct Professor of Air and Space Law at the
University of Mississippi School of Law; and Mr. Brian Weeden,
Technical Advisor at the Secure World Foundation.
On Wednesday, May 13, 2015, the Committee met to consider
H.R. 2262, the ``Spurring Private Aerospace Competitiveness and
Entrepreneurship Act of 2015.'' H.R. 2262 facilitates a pro-
growth environment for the developing commercial space industry
by encouraging private sector investment and creating more
stable and predictable regulatory conditions. Several reporting
requirements were due under this Act regarding licensing of
space vehicles. This Act became law on November 25, 2015 (P.L.
114-90).
On Tuesday, April 19, 2016, the Subcommittee on Space held
a hearing titled, ``The Commercial Space Launch Industry: Small
Satellite Opportunities and Challenges,'' to examine the
current state of the small satellite commercial launch
industry. The hearing highlighted the contributions and impacts
of the commercial space launch industry, as well as NASA's
Launch Services Program for the acquisition and program
management of expendable launch vehicle (ELV) missions. Service
providers and small satellite launch vehicles, including the
use of reusable vehicles, were also discussed. The Subcommittee
heard testimony from Mr. Elliot Pulham, Chief Executive Officer
of the Space Foundation; and Mr. Eric Stallmer, President of
the Commercial Spaceflight Federation.
On Friday, September 16, 2016, the Committee received from
the Department of Transportation the report due pursuant to
Section 110 of H.R. 2262, the ``U.S. Commercial Space Launch
Competitiveness Act,'' on the feasibility of processing space
situational awareness data and information. The report included
findings on the expanded demand for SSA data, and the
recommendation that a civil agency should process and release
such data.
On Wednesday, March 8, 2017, the Subcommittee on Space held
a hearing titled, ``Regulating Space: Innovation, Liberty, and
International Obligations,'' to examine U.S. international
obligations in light of new and innovative space activities.
The hearing reviewed the authorization and continued
supervision of non-governmental activities in space per the
Outer Space Treaty. The licensing of launch and re-entry
vehicles and sites by the FAA was also discussed. The
Subcommittee heard testimony from Ms. Laura Montgomery,
Attorney and Sole Proprietor of Ground Based Space Matters,
LLC; Dr. Eli Dourado, Senior Research Fellow and Director of
the Technology Policy Program at the Mercatus Center at George
Mason University; Mr. Doug Loverro, Former Deputy Assistant
Secretary of Defense for Space Policy; Mr. Dennis J. Burnett,
Adjunct Professor of Law at the University of Nebraska--Lincoln
College of Law; and Dr. Henry B. Hogue, Specialist in American
National Government at the Congressional Research Service.
On Thursday, June 8, 2017, the Committee met to consider
H.R. 2809, the ``American Space Commerce Free Enterprise Act of
2017.'' H.R. 2809 provides a transparent U.S. authorization and
supervision certification process for non-governmental space
activities that generates certainty for stakeholders and
complies with Outer Space Treaty obligations and national
security concerns in the least disruptive way possible. H.R.
2809 also improves the international competitiveness of the
U.S. by reforming the burdensome and inefficient space-based
remote sensing regulatory system.
On Monday, July 10, 2017, the Committee received from NASA
the report due pursuant to Section 839(b)(1) of P.L. 115-10,
the ``NASA Transition Authorization Act of 2017,'' regarding
the status of efforts to coordinate with foreign countries
within the Inter-Agency Space Debris Coordination Committee
(IADC) to mitigate the effects and growth of orbital debris.
The report included existing orbital debris mitigation
guidelines derived from the 2001 U.S. Government Orbital Debris
Mitigation Standard Practices (ODMSP), as well as recent
efforts by the Department of Defense to improve its SSA
capabilities.
On Monday, August 14, 2017, the Committee received from the
Office of Science and Technology Policy (OSTP) the report due
pursuant to Section 839(b)(2) of P.L. 115-10, the ``NASA
Transition Authorization Act of 2017,'' regarding the status of
an orbital debris mitigation strategy. The report included
orbital debris mitigation efforts in the United States and the
IADC, as well as NASA's recent efforts to coordinate with the
IADC member agencies to mitigate the effects and growth of
orbital debris.
On Friday, October 20, 2017, the Committee received from
the Department of Transportation and NASA the report due
pursuant to Section 113 of H.R. 2262, the ``U.S. Commercial
Space Launch Competitiveness Act,'' regarding the streamlining
of commercial space launch activities. The report included a
description of the process for the application and approval of
a permit or license, current efforts to coordinate across
executive agencies, and recommendations for legislation to
improve efficiency in the licensing of space launch activities.
On Friday, June 22, 2018, the Subcommittee on Space of the
Committee on Science, Space, and Technology with the
Subcommittee on Strategic Forces of the Committee on Armed
Services held a hearing titled, ``Space Situational Awareness:
Whole of Government Perspectives on Roles and
Responsibilities.'' The hearing assessed and reviewed the roles
and responsibilities of the particular departments and agencies
that execute SSA missions, the growing role of civil and
commercial actors as they impact future SSA missions, and the
Administration's new Space Traffic Management Policy laid out
in Space Policy Directive-3 (SPD-3). The Subcommittees heard
testimony from the Honorable Wilbur Ross, Secretary of Commerce
at the Department of Commerce; the Honorable Jim Bridenstine,
Administrator of NASA; and General John Hyten, Commander of
U.S. Strategic Command.
On Wednesday, June 27, 2018, the Committee met to consider
H.R. 6226, the ``American Space SAFE Management Act.''
COMMITTEE VIEWS
The Committee recognizes that there is a need for timely
legislative action to address two major policy concerns. First,
there is a sense of urgency to relieve the Department of
Defense of civil SSA services and information obligations and
to improve the existing SSA services and information provided
by the government. Second, a proliferation in the number and
types of private satellite and spacecraft operations in
critical Earth orbits, such as non-geostationary orbits in the
low- and medium-Earth orbit regimes, requires the development
of an STM framework.
H.R. 6226 addresses these policy concerns by establishing
in law an STM framework comprised of three foundations: science
and technology; space situational awareness; and space traffic
coordination.
Science and Technology
The first foundation is science and technology. Section 3
of H.R. 6226 directs the Administration to establish an SSA
science and technology plan. Today, there is no organized
effort in the Executive Branch to coordinate and prioritize
Federal research and development investments that would improve
the state of civil SSA science and technologies. Furthermore,
there is no policy to recognize, leverage, and work with U.S.
private sector parties conducting independent research and
development efforts. H.R. 6226 remedies these deficiencies.
The need for coordinating and improving the research and
development efforts of the United States are two-fold. There is
a need for basic research to better inform SSA and traffic
coordination activities. Examples of basic research that needs
to be conducted includes space environment modeling, orbital
debris in-situ measurements, an understanding of how materials
change in the space environment, and software and associated
data analytics. There is also a need for applied research and
development to improve spacecraft, SSA activities, and space
traffic coordination activities, including hardware to enhance
knowledge of spacecraft location and software to enhance
analysis of SSA data.
Space Situational Awareness
Pursuant to 10 U.S.C. 2274, the Department of Defense may
provide civilian SSA information and services. The Department
of Defense has provided such information and services for a
decade.
On June 18, 2018, President Trump signed National Space
Policy Directive-3. Pursuant to this directive, the Department
of Commerce will make space safety data and services available
to the public, while the Department of Defense maintains the
authoritative catalog of space objects.
On Friday, June 22, 2018, the Subcommittee on Space of the
Committee on Science, Space, and Technology with the
Subcommittee on Strategic Forces of the Committee on Armed
Services held a hearing titled, ``Space Situational Awareness:
Whole of Government Perspectives on Roles and
Responsibilities.'' At this hearing, General John Hyten,
Commander of U.S. Strategic Command, testified that the
Department of Defense supports the Department of Commerce
taking over existing Department of Defense responsibilities for
civilian SSA information and services.
The Committee agrees with President Trump and General
Hyten. The Department of Commerce should be responsible for
providing civil SSA information and services. Relieving the
Department of Defense of this burden will positively influence
the national security equities of the United States.
In carrying out its space situational awareness program,
the Department of Commerce will provide a basic service to the
public free of user fees. The Committee chooses not to define a
``basic service'' in statute so that the Secretary of Commerce
has the discretion to make that determination to best meet U.S.
national interests. The sufficiency of private sector data,
service, and information providers to meet both broader U.S.
national public interests and the needs of private sector
consumers is particularly relevant to the question of the scope
of a basic service. The Committee recognizes the importance of
facilitating private sector solutions and does not believe SSA
data, service, or information is an inherently government
function. However, the Committee also recognizes there is
uncertainty as to whether a private market can adequately
address the needs of space operators or the broader national
interest in ensuring a safe operational environment in outer
space.
In discussions with the Committee, stakeholders raised the
need to have access to underlying SSA data. Stakeholders have
reasoned that such access is necessary for several reasons,
including calibrating and validating services and information
derived from such data, using the data to improve fundamental
science and understanding of SSA, and leveraging the data to
provide private value-added information and services. The
Committee supports, in principle, that certain types of SSA
data should be available to certain classes of users subject to
appropriate conditions to protect U.S. national security and
foreign policy interests, or as appropriate to address
proprietary concerns with private sector data providers that
contract with the U.S. Government. The SSA testbed is intended
to address this deficiency in the existing Department of
Defense program.
Space Traffic Coordination and the Development of a Space Traffic
Management Framework
Space traffic coordination, on a voluntary basis, is a
necessary first step towards the development of a more
comprehensive STM framework. There is a need for space
operators to develop technical, manufacturing, and operational
standards in order to facilitate more effective coordination.
The Department of Commerce should work collaboratively with
industry to facilitate the development of such standards.
The Committee assessed the historical example of space
debris mitigation guidelines and practices developed during the
1980s and 1990s by the U.S. Government. The Committee believes
that the U.S. Government should take a leadership role by
promulgating U.S. Government civil space traffic coordination
guidelines that can be applied on a voluntary basis by the
private sector.
Section-by-Section
Section 1. Short title
This section establishes the short title of the bill as the
``American Space Situational Awareness and Framework for Entity
Management Act, or the ``American Space SAFE Management Act.''
Section 2. Definitions
This section defines the terms ``appropriate committees of
Congress'' and ``NASA.''
Section 3. National Civil Space Situational Awareness and Space Traffic
Management Science and Technology plan
This section requires NASA to develop and submit to
Congress a national civil SSA and STM science and technology
plan within 180 days of enactment; NASA is to update and
resubmit the plan every five years. Each annual budget request
to Congress is to include activities to implement the plan.
Further, this section establishes a Center for Civil Space
Situational Awareness and Space Traffic Management Science and
Technology Excellence, with authorized appropriations of $2
million from NASA funds for each of fiscal years 2019 through
2023.
Section 4. Civil Space Situational Awareness program
This section directs the Department of Commerce to
establish a civil SSA program within one year of enactment to
provide SSA services and information (``Program''). There is to
be no user fee for a basic set of such data, and the Secretary
has the authority to charge a reasonable fee for additional
services and information. The Program includes an SSA data
testbed to facilitate innovation and utilization of such data.
Private sector access and involvement, as well as leveraging
NASA's resources, are encouraged. The Department of Commerce,
with NASA, is to brief Congress on the program quarterly,
beginning three months after enactment. The Department of
Commerce and the Department of Defense, within six months after
enactment, will submit to Congress a transition plan for the
transfer of SSA services and information, currently performed
by the Department of Defense, to Department of Commerce. The
Program is authorized $20 million in appropriations for each of
fiscal years 2019 through 2023.
Section 5. Space Traffic Management framework
This section directs the Department of Commerce to develop
voluntary civil space traffic coordination guidelines,
practices, and standards within one year of enactment. Such
standards will ensure a safe operational environment,
facilitate the development of industry standards, maintain U.S.
leadership, and promote international adoption of civil space
traffic coordination guidelines and practices. This section
also establishes a civil space traffic coordination pilot
program to facilitate communication, coordination, negotiation,
and resolution among domestic and international civil
spacecraft operators to improve the safety of spaceflight and
operations. The authority to carry out the pilot program will
terminate five years after the pilot program is established.
The program is authorized $5 million in appropriations for each
of fiscal years 2019 through 2023. A report is due from the
Department of Commerce within 180 days of enactment on the role
that they, with the National Institute of Standards and
Technology, will have facilitating the development of civil
space traffic coordination standards. Beginning one year after
enactment, and every two years thereafter, the Secretary of
Commerce is to submit a report on domestic and international
STM frameworks and recommendations to facilitate further
development.
Explanation of Amendments
A manager's amendment, offered by Chairman Lamar Smith, was
approved by voice vote. The amendment directs the Department of
Commerce and the Department of Defense, within six months of
enactment, to submit to Congress a transition plan for the
transfer to Department of Commerce SSA services and information
currently performed by the Department of Defense. The amendment
also affirms that the Secretary of Commerce may leverage the
existing workforce and experience of other Federal agencies
relating to SSA for the training of staff and other needs as
determined. Further, the amendment directs the Secretary of
Commerce to make recommendations to Congress on what steps
should be taken to facilitate development of a comprehensive
STM framework.
An amendment in the nature of a substitute, offered by
Representative Eddie Bernice Johnson, was defeated by a roll
call vote of 13-17.
Committee Consideration
On June 26, 2018, the Committee met in open session and
ordered reported favorably the bill, H.R. 6226, as amended, by
voice vote, a quorum being present.
Roll Call Votes
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
H.R. 6226 directs the Secretary of Commerce to provide for
civil space situational awareness services and information by
establishing a space traffic management framework to ensure a
safe operating environment and to promote U.S. leadership in
space. As such this bill does not relate to employment or
access to public services and accommodations.
Legislative branch employees and their families, to the
extent that they are otherwise eligible for the benefits
provided by this legislation, have equal access to its
benefits.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
H.R. 6226, the American Space SAFE Management Act, will
ensure a safe operating environment and promote continued U.S.
leadership in space.
Duplication of Federal Programs
No provision of H.R. 6226 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 6226 does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 6226 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 6226. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 6226 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 20, 2018.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6226, the American
Space Situational Awareness and Framework for Entity Management
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Janani
Shankaran, Stephen Rabent, and Sophie Godfrey-McKee.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 6226--American Space Situational Awareness and Framework for
Entity Management Act
Summary: H.R. 6226 would direct the National Aeronautics
and Space Administration (NASA) and the Department of Commerce
(DOC) to implement programs in space situational awareness and
traffic management. CBO estimates that implementing H.R. 6226
would cost $127 million over the 2019-2023 period, assuming
appropriation of the authorized amounts.
Enacting H.R. 6226 could affect direct spending; therefore,
pay-as-you-go procedures apply. The bill would authorize DOC to
charge user fees, which would be recorded in the budget as
reductions in direct spending. How, when, or whether the
proposed fees would be collected is unclear; as a result, CBO
has no basis to estimate the bill's effect on direct spending.
The bill would not affect revenues.
CBO estimates that enacting H.R. 6226 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6226 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 6226 is shown in the following table.
The costs of the legislation fall within budget functions 250
(general science, space and technology) and 370 (commerce and
housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------
2019-
2018 2019 2020 2021 2022 2023 2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Department of Commerce:
Authorization Level............................. 0 25 25 25 25 25 125
Estimated Outlays............................... 0 22 24 24 24 24 118
National Aeronautics and Space Administration:
Authorization Level............................. 0 2 2 2 2 2 10
Estimated Outlays............................... 0 1 2 2 2 2 9
Total:
Authorization Level......................... 0 27 27 27 27 27 135
Estimated Outlays........................... 0 23 26 26 26 26 127
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
6226 will be enacted near the end of 2018 and that the
authorized amounts will be appropriated in each year. Estimated
outlays are based on historical spending patterns for the
affected activities.
CBO estimates that implementing H.R. 6226 would cost $127
million over the 2019-2023 period, assuming appropriation of
the authorized amounts.
Department of Commerce
H.R. 6226 would direct DOC to establish a program that
provides basic space situational awareness information to
commercial entities, states, and foreign governments. (The
Department of Defense currently operates a similar program.)
The bill also would require DOC to establish a pilot program to
implement voluntary civil space traffic coordination
guidelines.
The bill would authorize the appropriation of $20 million
annually to implement the civil space situational awareness
program, and an additional $5 million annually to develop and
implement the pilot program. CBO estimates that implementing
those provisions would cost $118 million over the 2019-2023
period.
National Aeronautics and Space Administration
H.R. 6226 would direct NASA to establish a research center
to promote research on civil space situational awareness and
traffic management. The bill would authorize the appropriation
of $2 million annually to establish and support this research
center. CBO estimates that implementing this provision would
cost $9 million over the 2019-2023 period.
Other Provisions
H.R. 6226 would direct NASA to submit to the Congress a
plan for civil space situational awareness and space traffic
management. The bill also would require DOC to publish
voluntary guidelines for civil space traffic coordination and
to submit various reports to the Congress. Based on the costs
of similar tasks, CBO estimates that implementing those
provisions would cost less than $500,000.
Pay-As-You-Go considerations: The bill would authorize DOC
to charge a user fee for providing certain civil space
situational awareness services, beyond a basic set of such
services and information. Those user fee collections would be
recorded in the budget as reductions in direct spending. CBO
has no information on whether or how DOC would collect any user
fees, who might pay the fee, or when it would be imposed. Thus,
CBO has no basis to estimate the direct spending effects of the
bill. The bill would not affect revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 6226 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 6226 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Janani Shankaran,
Stephen Rabent, and Sophie Godfrey-McKee; Mandates: Jon Sperl.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
[all]
