Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

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]