118 HR 5431 IH: Space Safety and Situational Awareness Transition Act of 2023
U.S. House of Representatives
2023-09-13
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 5431
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.
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.
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.
I

Authorization of Appropriations
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.
II

Policy
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.
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.
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.
III

Transition to Civil Space Situational Awareness Capability
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.
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.
IV

Agency Roles and Responsibilities for Implementation of Civil Space Situational Awareness Transition
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.
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.
V

Research and Development
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.
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.
VI

Other Considerations
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.
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.
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.
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.
VII

GAO Review
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.