[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6226 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 873
115th CONGRESS
  2d Session
                                H. R. 6226

                     [Report No. 115-1106, Part I]

    To direct the Secretary of Commerce to provide for civil space 
situational awareness services and information, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2018

 Mr. Smith of Texas (for himself, Mr. Bera, Mr. Babin, Mr. Perlmutter, 
 Mr. Lucas, Mr. Rohrabacher, Mr. Hultgren, Mr. Posey, Mr. Knight, Mr. 
 Abraham, Mr. Webster of Florida, Mr. Biggs, Mr. Dunn, Mr. Higgins of 
Louisiana, Mrs. Lesko, and Mr. Weber of Texas) introduced the following 
   bill; which was referred to the Committee on Science, Space, and 
   Technology, and in addition to the Committee on the Budget, 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

                           December 22, 2018

 Reported from the Committee on Science, Space, and Technology with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 22, 2018

 Referral to the Committee on the Budget extended for a period ending 
                    not later than December 28, 2018

                           December 28, 2018

 Committee on the Budget discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on June 
                               26, 2018]


_______________________________________________________________________

                                 A BILL


 
    To direct the Secretary of Commerce to provide for civil space 
situational awareness services and information, 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.

    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.
                                                 Union Calendar No. 873

115th CONGRESS

  2d Session

                               H. R. 6226

                     [Report No. 115-1106, Part I]

_______________________________________________________________________

                                 A BILL

    To direct the Secretary of Commerce to provide for civil space 
situational awareness services and information, and for other purposes.

_______________________________________________________________________

                           December 28, 2018

 Committee on the Budget discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed