[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9534 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9534

 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

                           December 14, 2022

Mr. Beyer (for himself and Mr. Norcross) 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 2022'' or the ``Space SSA 
Transition Act of 2022''.
    (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 year 2024.
                            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 Team.
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.
                         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 or passing 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 YEAR 2024.

    To carry out this Act, there is authorized to be appropriated for 
fiscal year 2024--
            (1) to the Department of Commerce, $95,000,000; and
            (2) to NASA, $50,000,000.

                            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 ten 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, including 
        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 for 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.

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 non-
        governmental 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 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 non-governmental 
        space operators space safety and sustainability tools, private 
        sector-led 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 United States conjunction data 
        messages;
            (8) promote and facilitate the development and encourage 
        the adoption of private sector-led 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 harmonized 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 TEAM.

    (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, shall establish an Interagency 
Transition Team for Space Situational Awareness (in this Act referred 
to as the ``Interagency Transition Team'') to lead 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) Leadership and Composition.--The Interagency Transition Team 
established pursuant to subsection (a) shall--
            (1) be led by--
                    (A) a Senior Executive Service-level official (in 
                this Act referred to as the ``Team Chair'') appointed 
                by the Secretary; and
                    (B) a Senior Executive Service or Flag Officer 
                level official (in this Act referred to as the ``Team 
                Vice Chair'') appointed by the Secretary of Defense; 
                and
            (2) include--
                    (A) a dedicated 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 Interagency Transition Team shall--
                    (A) develop and support a Transition Plan (as 
                described in subsection (d)) for the planning, 
                assessment, and transition of certain activities, 
                including the issuance of conjunction data messages, 
                carried out under section 2274 of title 10, United 
                States Code, 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 private 
                sector-led voluntary consensus standards and best 
                practices for space situational awareness;
                    (C) establish definitions for an initial 
                operational capability and a full operational 
                capability for a civil space situational awareness 
                capability; and
                    (D) carry out an assessment of--
                            (i) Federal Government and non-government 
                        space situational awareness capabilities and 
                        needs for an initial operational capability and 
                        a full operational capability; and
                            (ii) Federal Government and non-government 
                        best practices regarding risk mitigation and 
                        collision avoidance.
            (2) Agency agreements.--
                    (A) With the secretary of defense.--The Secretary 
                and the Secretary of Defense shall enter into one or 
                more interagency agreements providing for cooperation 
                and collaboration related to the transition of certain 
                space situational awareness services and information in 
                accordance with this Act.
                    (B) With the administrator.--The Secretary and the 
                Administrator may enter into one or more interagency 
                agreements providing for cooperation and collaboration 
                related to the transition of certain space situational 
                awareness services and information in accordance with 
                this Act.
            (3) Milestones.--The Interagency Transition Team shall 
        ensure--
                    (A) the demonstration of an initial operational 
                capability by not later than September 30, 2024; and
                    (B) the establishment of a full operational 
                capability by not later than December 31, 2025.
    (d) 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 Transition Plan developed pursuant to subsection 
        (c)(1).
            (2) Elements.--The Transition Plan shall include the 
        following elements:
                    (A) A definition of an initial operational 
                capability and a full operational capability for a 
                civil space situational awareness capability.
                    (B) A system architecture, including requirements 
                for an initial operational capability, and a full 
                operational capability, including relating to the 
                following:
                            (i) Identification of the Federal 
                        Government and non-government data, 
                        observations, and analytical tools needed for 
                        such initial operational capability and full 
                        operational capability, 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 and any additional services and 
                        information that may be provided in accordance 
                        with section 203(1) under an initial 
                        operational capability and a full operational 
                        capability.
                            (iii) 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.
                            (iv) Identification of risk assessment and 
                        mitigation support services and information 
                        that may be provided.
                            (v) 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 milestones and timelines 
                for demonstrating an initial operational capability and 
                establishing a full operational capability by not later 
                than the respective dates specified in subsection 
                (c)(3).
                    (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 developing the Transition Plan required 
under paragraph (1) of subsection (c), the Interagency Transition Team 
shall take into consideration any agency agreements under paragraph (2) 
of such subsection.
    (f) Biannual Reporting.--The Team Chair and Team Vice Chair shall 
report biannually to the appropriate committees of Congress on the 
progress of the transition under this section.
    (g) Briefings.--The Team Chair and Team Vice Chair shall brief the 
appropriate committees of Congress on the Transition Plan not later 
than 14 days after transmitting the Transition Plan pursuant to 
subsection (d)(1).
    (h) Private Sector-Led Voluntary Consensus Standards and Best 
Practices.--
            (1) Development.--
                    (A) In general.--Not later than December 31, 2023, 
                the Interagency Transition Team shall review existing 
                private sector-led voluntary consensus standards and 
                best practices, promote and facilitate the development 
                of private sector-led voluntary consensus standards, as 
                needed, and make publicly available such voluntary 
                consensus standards and best practices for space 
                situational awareness.
                    (B) Consultation.--The Interagency Transition Team 
                shall promote and facilitate the development of the 
                private sector-led voluntary consensus standards and 
                best practices under subparagraph (A) in consultation 
                with private industry and standards organizations.
            (2) Updates.--The Interagency Transition Team shall 
        biennially through 2028 update the private sector-led voluntary 
        consensus standards and best practices developed pursuant to 
        paragraph (1).
            (3) Elements.--The private sector-led voluntary consensus 
        standards and best practices developed and updated in 
        accordance with this subsection should include the following 
        elements:
                    (A) Space situational awareness data 
                interoperability 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 Interagency Transition 
                Team determines appropriate.
    (i) Sunset.--The Interagency Transition Team shall terminate six 
months after the date of the establishment pursuant to section 402(b) 
of an organizational management structure for 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 
demonstration of an initial operational capability and establishment of 
a full operational capability), the Interagency Transition Team shall 
collaborate with the Secretary.
    (b) Demonstration.--The capabilities referred to in subsection (a) 
shall--
            (1) follow the Transition Plan under section 302, as 
        appropriate;
            (2) make publicly available and free of direct user fees 
        space situational awareness services and information, including 
        conjunction data messages;
            (3) include a digital space object identification and 
        characterization system to organize known characteristics 
        concerning space objects;
            (4) communicate and make publicly available the private 
        sector-led voluntary consensus standards and best practices 
        under section 302(h);
            (5) support openness and transparency, to the greatest 
        extent practicable, in space situational awareness services and 
        information, including conjunction data messages;
            (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.

SEC. 402. ORGANIZATIONAL MANAGEMENT STRUCTURE FOR SPACE SITUATIONAL 
              AWARENESS SERVICES AND INFORMATION.

    (a) Proposal.--Not later than six months after the establishment of 
full operational capability, the Secretary, in consultation with the 
Secretary of Defense and the Administrator, shall submit to the 
appropriate committees of Congress a proposal 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 Interagency 
        Transition Team under section 302 after the termination of such 
        Team pursuant to subsection (i) of such section; 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 proposal described in subsection (a), the Secretary, 
in accordance with such proposal, shall establish 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 full operational 
        capability of such research and development, as practicable.
    (b) Program Establishment.--To carry out subsection (a), the 
Administrator, as necessary, shall establish research and development 
programs to address areas of relevant basic and applied research and 
development, including 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 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 two years after the date of the 
enactment of this Act, the Administrator shall transmit to the 
Committee on Science, Space, and Technology and the Committee on 
Commerce, Science, and Transportation of the Senate 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 and private industry; 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 Committee on 
Science, Space, and Technology and the Committee on Commerce, Science, 
and Transportation of the Senate 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.

                         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 
Committee on Science, Space, and Technology and the Committee on 
Commerce, Science, and Transportation of the Senate a review of the 
status, performance, and progress of activities carried out under 
titles III and IV.
                                 <all>