No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5431 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5431
To promote space safety and provide for policy, planning, and agency
roles and responsibilities for the transition to a civil space
situational awareness capability of certain space situational awareness
activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 2023
Mr. Beyer (for himself, Mr. Norcross, and Ms. Lofgren) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology, and in addition to the Committee on Armed Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To promote space safety and provide for policy, planning, and agency
roles and responsibilities for the transition to a civil space
situational awareness capability of certain space situational awareness
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Space Safety and
Situational Awareness Transition Act of 2023'' or the ``Space SSA
Transition Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations for fiscal years 2024 through
2025.
TITLE II--POLICY
Sec. 201. Findings.
Sec. 202. Sense of Congress on United States Government responsibility.
Sec. 203. United States policy.
TITLE III--TRANSITION TO CIVIL SPACE SITUATIONAL AWARENESS CAPABILITY
Sec. 301. Sense of Congress on need for transition.
Sec. 302. Interagency Transition Plan.
TITLE IV--AGENCY ROLES AND RESPONSIBILITIES FOR IMPLEMENTATION OF CIVIL
SPACE SITUATIONAL AWARENESS TRANSITION
Sec. 401. Space situational awareness services and information.
Sec. 402. Organizational management structure for space situational
awareness services and information.
TITLE V--RESEARCH AND DEVELOPMENT
Sec. 501. Informing and improving space situational awareness.
Sec. 502. Research strategy.
TITLE VI--OTHER CONSIDERATIONS
Sec. 601. Cybersecurity plan.
Sec. 602. Study on international cooperation in space situational
awareness.
Sec. 603. Report on international data sharing agreements.
Sec. 604. Study on space traffic coordination.
TITLE VII--GAO REVIEW
Sec. 701. GAO review.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' has the
meaning given such term in section 10101 of title 51, United
States Code.
(2) Administrator.--The term ``Administrator'' has the
meaning given such term in section 10101 of title 51, United
States Code.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Science, Space, and Technology and the Committee on Armed
Services of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on
Armed Services of the Senate.
(4) DoD.--The term ``DoD'' means the Department of Defense.
(5) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(6) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration of the Department of Commerce.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) Space object.--The term ``space object'' means any
artificial object or system, including components or pieces
thereof, orbiting the Earth or passing into or through outer
space.
(9) Space operator.--The term ``space operator'' means the
person or entity that has responsibility for commanding
operations of a space object in outer space.
(10) Space situational awareness.--The term ``space
situational awareness'' means the knowledge and
characterization of space objects and their operational
environment to facilitate decisions that support safe, stable,
and sustainable space activities.
(11) Space traffic coordination.--The term ``space traffic
coordination'' means the planning, assessment, and on-orbit
coordination of activities to enhance the safety, stability,
and sustainability of operations in the space environment.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2024 THROUGH
2025.
To carry out this Act, there is authorized to be appropriated--
(1) to the Department of Commerce--
(A) $90,000,000 for fiscal year 2024; and
(B) $95,000,000 for fiscal year 2025; and
(2) to NASA--
(A) $50,000,000 for fiscal year 2024; and
(B) $53,000,000 for fiscal year 2025.
TITLE II--POLICY
SEC. 201. FINDINGS.
Congress finds the following:
(1) Commercial activity in space is accelerating to meet
the global demand for a growing commercial space market.
(2) Space is becoming more congested, particularly in some
orbital regimes, with the number of active satellites
increasing significantly over the past 10 years and continuing
to grow.
(3) Orbital debris ranging from sub-millimeter-sized debris
to large defunct rocket bodies and inoperable spacecraft
threatens the safety of orbital operations.
(4) Space situational awareness provides the foundation for
understanding--
(A) where objects, both active and inactive, are
located and for predicting where satellites or debris
will be in the future; and
(B) the distribution of orbital debris and the risk
they pose to operational satellites and crewed
spacecraft.
(5) United States leadership in coordinating international
efforts on space situational awareness is essential for the
safety and sustainability of the space environment, and for the
safety of human activities in outer space.
(6) Conducting safe and responsible space operations will
have a major impact on the sustainability of space activities,
and in turn on the prosperity and national security of the
United States.
(7) To date, the Secretary of Defense, acting through the
Commander, United States Space Command, has been providing
certain space situational awareness services and information to
Federal Government, commercial and international space
operators, and the international community, including warnings
of potential conjunctions.
(8) The Secretary of Defense and the Secretary of Commerce
have begun collaborating to begin transitioning some
capabilities from the Department of Defense to the Department
of Commerce.
SEC. 202. SENSE OF CONGRESS ON UNITED STATES GOVERNMENT RESPONSIBILITY.
It is the sense of Congress that the United States Government, in
coordination with other countries and the private sector, has a
responsibility to be a good steward of the space environment. It is the
further sense of Congress that the United States Government should--
(1) lead in practices and policies to maintain a safe,
sustainable space environment for civil, national security, and
commercial use;
(2) provide validated space situational awareness services
and information as public goods for the purposes of promoting
on-orbit operational safety;
(3) develop a coordinated and integrated approach to
improving and delivering space situational awareness services
and information;
(4) leverage, to the maximum extent practicable, commercial
innovation and capabilities relevant to space situational
awareness;
(5) lead collaborations with international and
nongovernmental entities, including satellite operators and
space situational awareness services and information providers,
as appropriate, on space situational awareness and on best
practices regarding space traffic coordination that--
(A) support the growth of commerce in space and
foster a competitive United States commercial space
industry; and
(B) promote innovation in technology and operations
while improving safety;
(6) lead the international community in collaborations on
practices and approaches that advance a sustainable and
accessible space environment; and
(7) transition to the Department of Commerce certain space
situational awareness services and information, including
public conjunction notifications, from the Department of
Defense.
SEC. 203. UNITED STATES POLICY.
It is the policy of the United States to--
(1) make publicly and continually available, free of direct
user fees, validated space situational awareness services and
information, including conjunction notifications and
conjunction data messages;
(2) continue to enhance and improve the accuracy and
precision of the services and information referred to in
paragraph (1);
(3) make available to governmental and nongovernmental
space operators space safety and sustainability tools,
voluntary consensus standards, and risk mitigation information
and practices;
(4) support interdisciplinary research and development to
promote space safety and improve space situational awareness;
(5) support mechanisms for transitioning into operational
activities the research and development described in paragraph
(4);
(6) support the use, where validated and practicable, of
commercial technologies, data, systems, and services that can
supplement and enhance United States Government-provided space
situational awareness services and information;
(7) ensure the Federal Government remains the United States
authoritative source for information and services relating to
space situational awareness for public and private space
endeavors;
(8) promote and facilitate the development and encourage
the adoption of voluntary consensus standards and best
practices for space situational awareness; and
(9) lead international collaborations to the widest extent
possible on a framework for internationally aligned space
situational awareness and best practices for space traffic
coordination.
TITLE III--TRANSITION TO CIVIL SPACE SITUATIONAL AWARENESS CAPABILITY
SEC. 301. SENSE OF CONGRESS ON NEED FOR TRANSITION.
It is the sense of Congress that the DoD continues to make
essential contributions to the safety of the space environment by
providing space operators with services and information for managing
the safe operations of United States Government, commercial, and non-
United States space operations, in accordance with section 2274 of
title 10, United States Code. It is the further sense of Congress that
the growing number of space objects has created an increasing demand
for improved accuracy and precision of space situational awareness
services and information for space operators, which requires personnel
and resources that are not related to the DoD's primary mission.
Therefore, it is the sense of Congress that the President should
provide all necessary support to plan for an effective transition to
the Department of Commerce from the Department of Defense of certain
space situational awareness services and information.
SEC. 302. INTERAGENCY TRANSITION PLAN.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary and the Secretary of Defense, in
coordination with the Administrator and the heads of other relevant
Federal agencies, shall establish an Interagency Transition Working
Group (in this Act referred to as the ``Working Group'') and begin
developing an Interagency Transition Plan for Space Situational
Awareness (in this Act referred to as the ``Interagency Transition
Plan''). The Working Group shall carry out the Interagency Transition
Plan. The Interagency Transition Plan shall direct the planning,
assessment, and transition of certain activities carried out under
section 2274 of title 10, United States Code, as appropriate, from the
existing DoD-based space situational awareness operations to a civil
space situational awareness capability under the Secretary.
(b) Working Group.--The Working Group shall--
(1) be led by--
(A) a Senior Executive Service-level official (in
this Act referred to as the ``Working Group Chair'')
appointed by the Secretary; and
(B) a Senior Executive Service or Flag Officer
level official (in this Act referred to as the
``Working Group Vice Chair'') appointed by the
Secretary of Defense; and
(2) include--
(A) a team of Federal Government employees from
relevant Federal agencies, including the DoD and NASA,
with experience and expertise in space situational
awareness activities, including tracking, data
processing, conjunction assessment, and space
operations;
(B) the Director of the Office of Space Commerce;
(C) the Deputy Commander of United States Space
Command; and
(D) the Commander of United States Space Force
Space Operations Command.
(c) Responsibilities.--
(1) In general.--The Working Group shall--
(A) carry out the Interagency Transition Plan for
the planning, assessment, and phased transition of
space situational awareness services and information to
a civil space situational awareness capability under
the Secretary;
(B) in consultation with the National Institute of
Standards and Technology, standards organizations, and
private industry, promote and facilitate the
development and encourage the adoption of voluntary
consensus standards and best practices for space
situational awareness;
(C) establish timelines for the phased transition
of a civil space situational awareness capability; and
(D) carry out an assessment of--
(i) Federal Government and non-government
space situational awareness capabilities; and
(ii) Federal Government and non-government
best practices regarding risk mitigation and
collision avoidance.
(2) Agency agreements.--The Secretary and the Secretary of
Defense may form partnerships or agreements with the heads of
other relevant agencies in furtherance of this Act.
(3) Milestone.--The Interagency Transition Plan shall
include a deadline for public deployment of space situational
awareness services and information by not later than December
31, 2026.
(d) Interagency Transition Plan.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, the Secretary and the Secretary
of Defense shall transmit to the appropriate committees of
Congress the Interagency Transition Plan, and shall make the
Interagency Transition Plan publicly available, with data
protections, as necessary, not later than 30 days after such
transmittal.
(2) Elements.--The Interagency Transition Plan shall
include the following elements:
(A) A listing and detailed descriptions of phases
or milestones, including associated estimated
timelines, regarding the transition to the Department
of Commerce of capabilities relating to space
situational awareness, including a description of the
space situational awareness services and information
that will be provided in accordance with subsection
(c)(3).
(B) A system architecture, including the following:
(i) Identification of the Federal
Government and nongovernment data,
observations, and analytical tools needed for
each phase of transition, and a description of
how such data, observations, and analytical
tools are to be obtained.
(ii) Identification of the space
situational awareness services and information
to be transitioned from the Department of
Defense to the Department of Commerce.
(iii) Identification of the space
situational awareness services and information
to be provided, including those identified
pursuant to clause (ii), and any additional
services and information that may be provided
in accordance with the policy specified in
section 203(1), under each phase of transition.
(iv) Identification of any requirements and
standards for space situational awareness
services and information, including associated
data provided by space operators.
(v) Identification of criteria and methods
for verifying and validating non-Federal
Government space situational awareness services
and information, including associated data,
provided by space operators.
(vi) Identification of risk assessment and
mitigation support services and information
that may be provided.
(vii) Identification of options for an
information platform or mechanism to enable
innovative research, development, testing, and
experimentation opportunities for commercial,
academic, or other entities to support and
improve space situational awareness services
and information, as practicable.
(C) Performance measures for the level of accuracy
needed for the space situational awareness services and
information to be identified and provided in accordance
with subparagraph (B)(ii).
(D) A description of the elements in the
Interagency Transition Plan anticipated to be provided
by commercial or other non-Federal Government entities.
(E) An estimate of the workforce, training,
infrastructure, including ground-based, space-based,
and in-situ infrastructure, and annual budgetary
resources necessary to carry out a civil space
situational awareness capability for the next five
years.
(e) Consideration.--In carrying out the Interagency Transition
Plan, the Interagency Transition Working Group shall--
(1) take into consideration any agency agreements under
subsection (c)(2) and any existing contracts or agreements
related to space situational awareness services and
information; and
(2) accept input, as appropriate, from industry, academia,
and nonprofit organizations.
(f) Biannual Reporting.--The Working Group Chair and Working Group
Vice Chair shall report biannually to the appropriate committees of
Congress on the progress of the transition under this section.
(g) Briefings.--The Working Group Chair and Working Group Vice
Chair shall brief the appropriate committees of Congress on the
Interagency Transition Plan not later than 14 days after transmitting
the Interagency Transition Plan pursuant to subsection (d)(1).
(h) Biennial Updates.--The Secretary of Defense and the Secretary,
in consultation with the Administrator, shall update the Interagency
Transition Plan, as necessary, but not less frequently than biennially,
and transmit such updated Interagency Transition Plan to the
appropriate committees of Congress.
(i) Voluntary Consensus Standards and Best Practices.--
(1) In general.--Not later than six months after the
submission of the plan described in subsection (d), the Working
Group shall--
(A) review existing voluntary consensus standards
and best practices;
(B) in consultation with private industry and
standards organizations, promote and facilitate the
development of voluntary consensus standards and best
practices, as needed; and
(C) make publicly available such voluntary
consensus standards and best practices for space
situational awareness.
(2) Updates.--The Working Group shall biennially through
2028 update the voluntary consensus standards and best
practices developed pursuant to paragraph (1).
(3) Elements.--The voluntary consensus standards and best
practices developed and updated in accordance with this
subsection should include, at a minimum, the following
elements:
(A) Space situational awareness data
interoperability standards and data sharing protocols.
(B) Criteria and methods for verification and
validation of the space situational awareness services
and information described in subsection (d)(2)(B)(iii).
(C) Content and message format for conjunction data
messages.
(D) Emergency response protocols after a collision
event, including communication between Federal
Government agencies, space operators, and other
relevant entities.
(E) Any other matters the Working Group determines
appropriate.
(j) Sunset.--The Working Group shall terminate six months after the
date of the public deployment pursuant to section 302(c)(3) of space
situational awareness services and information.
TITLE IV--AGENCY ROLES AND RESPONSIBILITIES FOR IMPLEMENTATION OF CIVIL
SPACE SITUATIONAL AWARENESS TRANSITION
SEC. 401. SPACE SITUATIONAL AWARENESS SERVICES AND INFORMATION.
(a) In General.--In carrying out section 302(c)(3) (relating to the
deadline for deployment of space situational awareness services and
information), the Working Group shall collaborate with the Secretary.
(b) Demonstration.--The space situational awareness services and
information referred to in subsection (a) shall--
(1) follow the Interagency Transition Plan under section
302, as appropriate;
(2) make publicly available and free of direct user fees
space situational awareness safety services and information,
including services and information needed for maintaining
spaceflight safety and space sustainability;
(3) include a digital space object identification and
characterization system to organize known characteristics
concerning space objects;
(4) communicate and make publicly available the voluntary
consensus standards and best practices under section 302(i);
(5) support openness and transparency, to the greatest
extent practicable, in space situational awareness services,
information, and coordination;
(6) carry out testing to--
(A) demonstrate the interoperability of data and
observations under section 302(d)(2)(B);
(B) verify and validate such data and observations,
as appropriate and practicable; and
(C) demonstrate the issuance of--
(i) conjunction data messages; and
(ii) conjunction assessments; and
(7) issue conjunction data messages.
(c) Indemnification.--The United States, any agency or
instrumentality thereof, and any individual, firm, corporation, or
other person 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 data, information, or services,
whether or not provided in accordance with this section, or any related
action or omission. When data, information, or services provided in
good faith by entities other than the United States Government are
acquired by the United States Government and provided by the United
States Government as part of space situational awareness services or
information, such entities shall be immune from suit in any court for
any cause of action arising from reliance on such data, information, or
services.
SEC. 402. ORGANIZATIONAL MANAGEMENT STRUCTURE FOR SPACE SITUATIONAL
AWARENESS SERVICES AND INFORMATION.
(a) Plan.--Not later than six months after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of Defense and the Administrator, shall submit to the
appropriate committees of Congress a plan for--
(1) an organizational management structure within the
Department of Commerce for managing the activities under this
title;
(2) transitioning to such organizational management
structure the functions and responsibilities of the Working
Group after the termination of such Working Group; and
(3) establishing milestones and performance measures for
such organizational management structure.
(b) Organizational Management.--Not later than six months after the
submission of the plan described in subsection (a), the Secretary, in
accordance with such proposal, shall implement the organizational
management structure referred to in paragraph (1) of such subsection,
and shall appoint a Director of such organizational management
structure, who shall be a member of the Senior Executive Service. The
Director shall establish a schedule and budgetary requirements for such
organizational management structure.
TITLE V--RESEARCH AND DEVELOPMENT
SEC. 501. INFORMING AND IMPROVING SPACE SITUATIONAL AWARENESS.
(a) In General.--The Administrator, in coordination with the heads
of other relevant Federal agencies, shall--
(1) carry out United States Government civil research and
development to inform and improve space situational awareness;
and
(2) support the transition into the civil space situational
awareness capability of such research and development, as
practicable.
(b) Implementation.--To implement subsection (a), the
Administrator, as necessary, shall carry out research and development
that will support, enable, and facilitate the transition under section
302. Areas of research and development may include the following:
(1) Analytics.
(2) Space object identification.
(3) Modeling, analysis, and predictions.
(4) Space environmental conditions and impacts.
(5) Risk assessment.
(6) Post-mission disposal.
(7) Orbital debris mitigation, including research and
development on active debris removal.
(8) Any other areas the Administrator determines
appropriate, including areas to be prioritized in accordance
with the research strategy under section 502.
(c) Consideration.--The Administrator shall use competitively
selected grants, contracts, and agreements, as appropriate and
practicable, in addition to other competitive research and development
arrangements, in carrying out this section.
SEC. 502. RESEARCH STRATEGY.
(a) Strategy.--Not later than three months after the transmittal of
the Interagency Transition Plan pursuant to section 302(d), the
Administrator shall enter into an arrangement with the National
Academies of Sciences, Engineering, and Medicine to develop a research
strategy to inform and improve space situational awareness. Such
strategy shall provide prioritized recommendations on research and the
transition of research into operations and practice, and shall include
measures to monitor progress on such recommendations, as well as any
other appropriate recommendations.
(b) Transmittal.--Not later than 27 months after the date of the
enactment of this Act, the Administrator shall transmit to the
appropriate committees of Congress a copy of the research strategy
under subsection (a) and a plan for implementing any recommendations
included in such strategy.
TITLE VI--OTHER CONSIDERATIONS
SEC. 601. CYBERSECURITY PLAN.
(a) In General.--The Secretary, in collaboration with the Director
of the National Institute of Standards and Technology, and in
consultation with the Secretary of Defense, the Administrator, and the
heads of other relevant Federal agencies, shall develop a cybersecurity
plan for reducing cybersecurity-related threats to the Department of
Commerce's provision of space situational awareness services and
information.
(b) Inclusion.--In developing the cybersecurity plan under
subsection (a), the Secretary should--
(1) identify cybersecurity risks to the provision of space
situational awareness services and information, and proposed
actions to prevent and mitigate such risks;
(2) identify supply chain risks and proposed actions to
prevent and mitigate such risks;
(3) consider any other issues the Secretary determines
appropriate to ensure the cybersecurity of a civil space
situational awareness capability;
(4) seek input from stakeholders, including other relevant
Federal Government agencies. private industry, academia, and
other relevant entities; and
(5) include a classified appendix, if necessary.
(c) Transmittal and Briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary shall transmit to the
appropriate committees of Congress a copy of the cybersecurity plan
under subsection (a) and, not later than 21 days after such
transmittal, provide to such committees an unclassified briefing on
such plan.
SEC. 602. STUDY ON INTERNATIONAL COOPERATION IN SPACE SITUATIONAL
AWARENESS.
(a) Study.--The Secretary, in consultation with the Administrator
and the heads of other relevant Federal agencies, shall carry out a
study on international cooperation in space situational awareness. Such
study shall--
(1) examine the extent to which the United States is
involved in and leading international cooperation in space
situational awareness;
(2) consider how other countries are approaching space
situational awareness, including the provision of space
situational awareness services and information;
(3) identify the formal and informal agreements that are in
place to support international cooperation in space situational
awareness;
(4) identify how United States international relations in
space situational awareness can be strengthened and cooperation
improved; and
(5) identify the barriers, including technical and policy
issues, to improving such cooperation and what steps can be
taken to overcome such barriers.
(b) Transmittal.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall transmit to the appropriate
committees of Congress a copy of the study described in subsection (a),
together with a Plan for implementing any recommended actions contained
in such study and for coordinating with international partners and
entities on standards and sharing of space situational awareness
services and information, including associated data.
SEC. 603. REPORT ON INTERNATIONAL DATA SHARING AGREEMENTS.
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the status and plans for
international data sharing agreements relating to the transition of
certain space situational services and information in accordance with
this Act.
SEC. 604. STUDY ON SPACE TRAFFIC COORDINATION.
Not later than one year after the date of the enactment of this
Act, the Secretary, in consultation with the heads of other relevant
Federal agencies, shall submit to the appropriate committees of
Congress a study on how the United States Government can most
effectively facilitate space traffic coordination, and any
organizational or structural changes which Federal agencies would need
to undertake to establish capabilities for space traffic coordination.
TITLE VII--GAO REVIEW
SEC. 701. GAO REVIEW.
Not later than three years after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
appropriate committees of Congress a review of the status, performance,
and progress of activities carried out under titles III and IV.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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