[Senate Hearing 118-692]
[From the U.S. Government Publishing Office]
S. Hrg. 118-692
GOVERNMENT PROMOTION OF SAFETY AND
INNOVATION IN THE NEW SPACE ECONOMY
=======================================================================
HEARING
before the
SUBCOMMITTEE ON SPACE AND SCIENCE
of the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
__________
DECEMBER 13, 2023
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
60-994 PDF WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota TED CRUZ, Texas, Ranking
BRIAN SCHATZ, Hawaii JOHN THUNE, South Dakota
EDWARD MARKEY, Massachusetts ROGER WICKER, Mississippi
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada TED BUDD, North Carolina
BEN RAY LUJAN, New Mexico ERIC SCHMITT, Missouri
JOHN HICKENLOOPER, Colorado J. D. VANCE, Ohio
RAPHAEL WARNOCK, Georgia SHELLEY MOORE CAPITO, West
PETER WELCH, Vermont Virginia
CYNTHIA LUMMIS, Wyoming
Lila Harper Helms, Staff Director
Melissa Porter, Deputy Staff Director
Jonathan Hale, General Counsel
Brad Grantz, Republican Staff Director
Nicole Christus, Republican Deputy Staff Director
Liam McKenna, General Counsel
------
SUBCOMMITTEE ON SPACE AND SCIENCE
KYRSTEN SINEMA, Arizona, Chair ERIC SCHMITT, Missouri, Ranking
EDWARD MARKEY, Massachusetts DEB FISCHER, Nebraska
GARY PETERS, Michigan J. D. VANCE, Ohio
BEN RAY LUJAN, New Mexico CYNTHIA LUMMIS, Wyoming
JOHN HICKENLOOPER, Colorado
C O N T E N T S
----------
Page
Hearing held on December 13, 2023................................ 1
Statement of Senator Sinema...................................... 1
Statement of Senator Schmitt..................................... 3
Statement of Senator Hickenlooper................................ 7
Statement of Senator Vance....................................... 25
Statement of Senator Cruz........................................ 26
Prepared statement........................................... 29
Statement of Senator Cantwell.................................... 28
Witnesses
Hon. Pam Melroy, Deputy Administrator, National Aeronautics and
Space Administration........................................... 4
Prepared statement........................................... 6
Kelvin B. Coleman, Associate Administrator, Commercial Space
Transportation, Federal Aviation Administration................ 7
Prepared statement........................................... 9
Richard DalBello, Director, Office of Space Commerce, National
Oceanic and Atmospheric Administration......................... 12
Prepared statement........................................... 14
John Hill, Deputy Assistant Secretary of Defense for Space and
Missile Defense, Department of Defense......................... 18
Appendix
Letter dated December 11, 2023 to Honorable Chair, Ranking Member
and Members of the Subcommittee from Thomas A. Pawlak III,
Founder and CEO, Lesath International Inc...................... 33
Michael J. Listner, Space Law & Policy Solutions, prepared
statement...................................................... 34
Response to written questions submitted to Hon. Pam Melroy by:
Hon. Maria Cantwell.......................................... 38
Hon. Ted Cruz................................................ 40
Hon. J. D. Vance............................................. 42
Response to written questions submitted to Kelvin B. Coleman by:
Hon. Maria Cantwell.......................................... 43
Hon. Ted Cruz................................................ 49
Hon. J. D. Vance............................................. 51
Response to written questions submitted to Richard DalBello by:
Hon. Maria Cantwell.......................................... 52
Hon. Gary Peters............................................. 55
Hon. Ted Cruz................................................ 57
Hon. J. D. Vance............................................. 60
Response to written questions submitted to John Hill by:
Hon. Maria Cantwell.......................................... 62
Hon. Ted Cruz................................................ 64
Hon. J. D. Vance............................................. 64
GOVERNMENT PROMOTION OF SAFETY AND
INNOVATION IN THE NEW SPACE ECONOMY
----------
WEDNESDAY, DECEMBER 13, 2023
U.S. Senate,
Subcommittee on Space and Science,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:31 p.m., in
room SR-253, Russell Senate Office Building, Hon. Kyrsten
Sinema, Chairman of the Subcommittee, presiding.
Present: Senators Sinema [presiding], Cantwell, Peters,
Lujan, Hickenlooper, Schmitt, Cruz, and Vance.
OPENING STATEMENT OF HON. KYRSTEN SINEMA,
U.S. SENATOR FROM ARIZONA
Senator Sinema. The Subcommittee is now in order.
Welcome, everyone, to our hearing on the U.S. Senate Space
and Science Subcommittee. Thank you to each of our witnesses
for their participation today.
Thanks to our subcommittee Ranking Member Schmitt for
working with me on these issues, and to Chair Cantwell and
Ranking Member Cruz for their collaboration. A thriving
commercial space industry is essential for continued American
leadership of space innovation, which in turn advances critical
economic, national security, and scientific interests.
The new space economy presents exciting opportunities where
visiting, living, and working in space can become reality. I am
proud that America is leading these global efforts to safely
advance the technology that enables space exploration,
including human spaceflight. I am also proud to see my home
state of Arizona leading the way in commercial space.
Arizona is a shining example of how to build meaningful
careers and innovations in the new space economy thanks to
public, private partnerships at Arizona State University and
University of Arizona, as well as the investments from
innovative companies to produce space vehicles and conduct
research across the state.
To keep America on top, we must foster an environment that
enables and encourages innovation without sacrificing safety.
This will require Congress to streamline authorization
processes, enable a work safe--a workable safety framework for
in-space operations, and clearly define proper responsibilities
for different Government agencies.
In October, the Subcommittee heard from leading industry
representatives and experts on the current regulatory
environment and how it could be improved. Witnesses all
emphasized the need to address mission authorization, the
learning period, and other pressing matters while looking ahead
to a future with unknown capabilities.
The time for action is now. Competitor nations, including
adversaries like Russia and China, are making major space
investments. It is imperative that a U.S. framework establishes
the norms for a workable international business climate,
promotes our national interests, and serves as the models for
others to follow.
Commercial space companies are working right now to provide
orbital and satellite services, mitigate orbital debris,
manufacture in space, deliver space tourism, and so much more.
The question of how regulation of these new space activities
will work, often referred to as mission authorization, remains
unclear, even as businesses and NASA press for a clear and
efficient authorization framework.
The White House National Space Council released draft
legislation in November to extend existing responsibilities of
the Departments of Transportation and Commerce, while dividing
mission authorization authority between them. I am heartened
that the Administration is working on this critical issue, but
the proposal contains numerous ambiguities, new undefined
terms, and broad grants of open ended authority.
Unfortunately, the Council declined to attend today's
hearing and answer questions on their proposal, but I hope to
hear from them soon and gain further clarity in future
discussions. One thing that is clear is that we cannot simply
continue with the status quo that results in licensing delays,
regulatory uncertainty, and inefficient uses of taxpayer
dollars and private resources.
The proper regulatory framework will both remove
unnecessary burdens and provide the necessary certainty for the
space industry to prosper safely now and into the future. For
this to happen, we must keep mission authorization fully
distinct from mission success. The Government's job here is to
allow innovation, investment, and dreams to flourish, while
ensuring safety.
We need a framework that relies on our greatest asset, our
people, to push both industry and the country forward. To
succeed, we will need a robust workforce equipped to support
the commercial space ecosystem.
I am passionate about making sure that Americans and
Arizonans have rewarding careers to choose from when graduating
either from a certificate program, vocational school, or with
advanced degrees. Encouraging public, private partnerships and
leveraging the existing expertise of entities like NASA will be
essential to ensure we have the engineers, technical experts,
and skilled workforce to win the next century in space.
As I said in October, Congress must take the same
enterprising, pioneering approach to commercial space that has
served us so well in earlier generations. I believe this
requires a flexible regulatory environment, able to attack the
issues of today head on without compromising adaptability to
the issues of tomorrow.
Thank you. I will now turn to Ranking Member Schmitt for
his opening statements.
STATEMENT OF HON. ERIC SCHMITT,
U.S. SENATOR FROM MISSOURI
Senator Schmitt. Thank you, Madam Chair, and thanks for
working so diligently and with me on these important issues.
Thank you to our witnesses for joining us here today. While we
may not agree on everything that is discussed here today, your
agencies have been and will continue to be invaluable to our
space efforts.
As I have stated before, Missouri has blazed a trail in our
Nation's path of exploration. St. Charles, Missouri, marked the
beginning of Lewis and Clark's expedition to explore our
Nation's expansion to the West. And Marshfield, Missouri,
produced Edwin Hubble, who fathered our Nation's exploration of
distant galaxies.
Today, Missouri is home to over 54 companies who supply our
Nation's civil and commercial space missions. Space has been a
unifying force for our nation, dating back to the space race
with Russia in the 1950s and the 1960s. Then our Nation rallied
to meet the challenge of beating Russia to the moon,
culminating in Neil Armstrong's famous words, ``one small step
for man, one giant leap for mankind.''
Today, America is engaged in a new 21st century space race,
one in which we will--one in which we compete with China. Once
again, we face the challenge of landing on the lunar surface
before China has the chance to plant its flag on the moon,
claiming it is their domain.
Fortunately, America has the pieces in place from an
industry perspective to win this important challenge. However,
regulatory ambiguity and uncertainty are standing in the way
from truly unleashing our Nation's commercial aerospace
industry capabilities.
In the intensifying space race with China, retaining U.S.
leadership is imperative, not just for economic and security
interests, but to ensure all nations follow appropriate rules
and norms in space.
As we contemplate new frameworks for space regulation, our
policies must balance enabling the deployment of new
technologies for commercial operations while ensuring safety,
while sustaining our role as the preeminent leader in space.
Currently, there are four key agencies who exercise
authority or jurisdiction over space, the FCC, the Department
of Transportation's Federal Aviation Administration Office of
Commercial Space Transportation, AST--I was just going to give
acronyms--NASA, and NFS. It plays a small role, but for
whatever reason it is in our Nation's space endeavors.
As today's--at today's hearing, we are examining the role
of some of these agencies responsible for whether or not their
roles need to be refocused or changed to meet the demands of
our Nation's rapidly evolving commercial space industry.
I have already helped lead those efforts, along with
Senator Sinema and others here in the Senate, and Senator
Hickenlooper who is here, with the Launch Communications Act,
which streamlines the FCC's commercial launch and reentry
spectrum licensing process to provide a more certain and timely
licensing process to keep pace with the launch and reentry
demands at the commercial--with the commercial space industry.
That bill has passed the Senate and look forward to working
with the House to get it signed into law. Recently, in an
attempt to address current regulatory uncertainty and confusion
as relates to our Federal policies for new and novel in space
activity known as mission authorization, the Biden
Administration released a proposal that would divide
responsibilities between the Departments of Transportation and
Commerce.
Despite being met with opposition, the White House, in a
statement, said the proposal ensures that our Government will
build a regulatory environment that supports commercial
expansion to benefit all Americans.
I will make mention that the National Space Council, which
authored the Administration's proposal, was invited today's
hearing and is noticeably absent. It is disappointing they are
not here to answer simple questions.
Madam Chair, it is important that our industry has
regulatory clarity and certainty as we focus our efforts here
in this committee on a commercial space bill. As we embark on
this new frontier of space exploration, the stakes are
profound.
We must make the hard decisions, which may include creating
new authorities for some agencies and reforming or eliminating
authorities for others. Just as our Nation did as Sputnik and
the Soviets cast a dark shadow upon the earth in 1957, we must
meet this moment.
I stand ready to work with you and to bring forward
balanced light--to bring forward balanced light touch policies
that empower, not hinder, American ingenuity and innovation,
and get the Government out of the way.
I am eager to hear from our witnesses today to assist this
committee in shaping the policies that retains America's
primacy in space. I yield back.
Senator Sinema. Thank you, Senator Schmitt. Now, I will
introduce our witnesses for today's hearing. Our first witness
is NASA Deputy Administrator, Pam Melroy. Ms. Melroy has logged
more than 924 hours in space, is one of only two women to ever
command a space shuttle and flew more than 6,000 hours during
her Air Force service.
She has also served in leadership roles at Lockheed Martin,
the Federal Aviation Administration, and the Defense Advanced
Research Projects. Deputy Administrator Melroy, you are
recognized for your opening statements.
STATEMENT OF HON. PAM MELROY,
DEPUTY ADMINISTRATOR,
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Ms. Melroy. Thank you. Chair Cantwell, Chair Sinema,
Ranking Member Cruz, and Ranking Member Schmitt, I am extremely
pleased to be here and have the opportunity to appear today on
what is a critically important topic.
This is a really exciting time for space. There is a lot
going on, especially in commercial space, which is playing an
increasingly important role in NASA's amazing mission to
conduct meaningful scientific investigations throughout the
universe.
We are working to return humans to the moon under the
Artemis program, and then pressing forward for the first humans
on Mars. We are unlocking the secrets of the universe with the
James Webb Space Telescope.
And our vision for NASA is that we take on the hardest and
most complex challenges that no one else can do. At the same
time, where industry is ready, we are increasingly
transitioning to commercially provided services where it makes
sense. And let me give you a few examples.
When NASA decided to retire the space shuttle, we needed a
new way to transport astronauts and cargo, including critical
science, to the International Space Station. And working with
Congress, the agency funded and authorized the development of
new commercial space launch capabilities and spacecraft capable
of carrying humans.
Under this model, NASA and one of our commercial providers,
SpaceX, we together have launched eight crews to the space
station from American soil. And SpaceX has launched three
additional private human spaceflight missions, opening the door
to a new private commercial human spaceflight market.
And all of these launches are commercially licensed by our
colleagues at the FAA. As NASA looks to the future, we plan to
build upon the success of commercial crew and cargo and
leverage the tremendous progress of the commercial space
industry. We are very excited.
We expect the first two robotic commercial lunar landers
under NASA's commercial lunar payload services to launch in
January, delivering critical science and technology payloads to
the lunar surface.
NASA is just one of many customers for these commercial
lunar landings, and by the end of the decade, commercial space
stations will be on orbit, hosting both NASA astronauts and
other private activities.
As NASA acquires more of these commercial space services to
accomplish our mission, the agency's success is inextricably
linked to the success of a commercial space industry. And we
did this by design. We did it by intent.
Over the years, NASA has strategically fostered the growth
of the commercial space industry, which has increased
competition, lowered costs, and accelerated innovation in the
market. Our commercial space industry is the envy of the world.
However, this innovation does raise important questions about
who will authorize and supervise commercial space activities.
We have to balance that amazing innovation and economic
growth with protecting the space environment for coexisting
users like NASA, Government activities and for future use,
foreign policy considerations, and of course, national security
concerns.
So as NASA is increasingly a customer of commercial
services, we really need greater clarity regarding who is
responsible for authorizing and supervising commercial space
activities. This clarity is vital for our mission success.
That is why NSA is pleased that the National Space Council
recently put forth a recommendation to Congress to make a
logical extension of the authorities of the Department of
Commerce and Transportation to better enable the authorization
and continuing supervision of commercial space activities.
Important things such as orbital debris mitigation, space-
based manufacturing, commercial human spaceflight, and the
recovery and use of space resources. This proposal gives
industry a clear path to provide on-orbit services to NASA and
other customers, while protecting against interference with the
Government's own missions and interests, while ensuring also
that space continues to be a safe place for all operators.
The intent of this supervision is not to stifle or slow
down industry, but rather to work with industry in advancing
commercial space. The space industry needs a clear,
predictable, timely, and flexible process to initiate non-
governmental space activities safely and successfully.
I look forward to the opportunity to continue to discuss
this important and exciting topic, and answer any of your
questions.
[The prepared statement of Ms. Melroy follows:]
Prepared Statement of Hon. Pam Melroy, Deputy Administrator,
National Aeronautics and Space Administration
Chair Cantwell, Chair Sinema, Ranking Member Cruz, Ranking Member
Schmitt, distinguished members of the Subcommittee, thank you for the
opportunity to appear today to discuss this critically important topic.
It is an exciting and active time for space, especially commercial
space, which is playing an increasingly important role in helping NASA
explore the heavens and do meaningful science.
NASA is working to return humans to the Moon under the Artemis
program and then pressing forward to put the first humans on Mars. We
are unlocking the secrets of the universe with missions like the James
Webb Space Telescope. Our vision for NASA is that the agency takes on
the hardest challenges that no one else can do. At the same time, where
industry is ready, we are increasingly handing over some missions to
the commercial space industry.
Let me give you a few examples. At the end of this year, the first
commercial lunar lander will launch under NASA's Commercial Lunar
Payload Services initiative, which will deliver science and technology
experiments to the lunar surface. NASA is one of many customers of
these commercial lunar landing missions. By end of the decade,
commercial space stations will be on-orbit hosting both NASA astronauts
training for deep space exploration and non-U.S. government astronauts.
As NASA acquires more and more of these commercial space services, the
success of NASA is inextricably linked to the success of the industry.
By the way, this was by design. Over the years, NASA fostered the
growth of the commercial space industry, which has increased
competition and accelerated innovation in the market.
However, this innovation raises important questions about who will
authorize and supervise commercial space activities. We need to balance
U.S. innovation and economic growth against protecting the space
environment for future use, foreign policy considerations, and national
security concerns, all while meeting our international obligations.
As NASA is increasingly a customer of commercial services,
increased clarity regarding who is responsible for authorizing and
supervising commercial space activities, particularly where we are not
the only customer, is vital for the success of NASA's missions.
To be clear, Congress has authorized and funded NASA to use
commercial capabilities in low Earth orbit and beyond. Where we are the
sole customer, we feel confident that we can exercise appropriate
oversight through our contract. However, where there are multiple
customers, both Federal and non-federal, the U.S. government faces new
challenges with respect to authorizing and properly overseeing these
missions. These challenges often create risks for NASA and the U.S.
government overall.
That is why NASA is pleased the National Space Council recently put
forth a recommendation to Congress to extend the authorities of the
Departments of Commerce and Transportation in a logical way to better
enable the authorization and continued supervision of novel space
activities, such as orbital services, orbital debris mitigation, space-
based manufacturing, commercial human spaceflight, and the recovery and
use of space resources. This proposal will enhance safety of NASA
operations when we are using commercial services by utilizing the
existing expertise and capabilities of relevant Federal regulatory
agencies.
The intent of this supervision is not to stifle nor slow down
industry, but rather to work with industry in advancing commercial
space. We want to preserve safety, but also economic opportunity. We
want it to be flexible because NASA knows that technology evolves and
we must evolve along with it. And we want the process to be timely,
transparent, and efficient so it can keep up with the rapid growth of
commercial space activities. We are and will continue to be a strong
advocate for our commercial partners in the interagency especially
where their success is vital to our mission.
The space industry needs a clear, predictable, timely, and flexible
process to initiate non-Governmental space activities safely and
successfully. NASA needs a robust and thriving space industry to
achieve our own goals. The risk to all space activities of not having
some form of coordinated oversight is too great.
To ensure the certainty of future novel commercial activities
critical to NASA's mission--from commercial lunar landers, to resource
extraction, to space nuclear power--and ensure novel commercial
activities do not interfere with NASA missions, it is critical we get
the authorization and supervision regulatory regime right.
NASA looks forward to continuing to work with industry, our
interagency partners, and Congress to strike the appropriate balance
between adherence to responsible, safe behavior, and nurturing our
growing space economy.
Thank you again for the opportunity to discuss this important and
exciting topic. I look forward to answering your questions.
STATEMENT OF HON. JOHN HICKENLOOPER,
U.S. SENATOR FROM COLORADO
Senator Hickenlooper. Great. Thank you so much. Our second
witness is Kelvin Coleman, the Federal Aviation Administration
Associate Administrator for Commercial Space Transportation.
Mr. Coleman has more than 25 years of experience at the FAA
and formerly worked for the U.S. Naval Air Systems Command.
Associate Administrator Coleman, you are recognized for your
opening statement.
STATEMENT OF KELVIN B. COLEMAN,
ASSOCIATE ADMINISTRATOR, COMMERCIAL SPACE
TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION
Mr. Coleman. Thank you. Chair Cantwell, Chair Sinema,
Ranking Member Schmitt, and distinguished members of the
Subcommittee, thank you for the invitation to be here today to
discuss the important topic of promoting safety and innovation
in the new space economy.
The success of the U.S. commercial space industry is
critical to our Nation. Likewise, clear, predictable,
transparent, and right-sized regulation of U.S. commercial
space is also critical for U.S. continued leadership in space.
The Department of Transportation and the FAA are strongly
committed to enabling safe U.S. commercial space activities in
a manner consistent with our Nation's priorities.
This is why the Department of Transportation and the FAA
unequivocally stand in support of the Administration's proposal
regarding mission authorization and supervision of novel
commercial space activities that puts forward a clear and
predictable oversight framework that will impose minimal
regulatory burdens on U.S. private sector actors in space.
The proposal features a clear delineation of regulatory
oversight roles and responsibilities that smartly leverage
existing U.S. departmental authorities and expertise.
Specifically, the proposal logically extends the Department of
Transportation's existing human spaceflight responsibilities to
include human spaceflight activities in space.
This will ensure a consistent single agency oversight of
human spaceflight activities throughout our mission's full
lifecycle from launch all the way through reentry. Further, the
proposal gives recognition to commercial in space
transportation and appropriately assigns responsibility for
this very specific grouping of activities to the Department of
Transportation, which currently oversees U.S. private sector
transportation operations to and from space.
Regulatory oversight clarity and process efficiency are
important benefits garnered from this very commonsense,
oversight construct. Over the last several months, we, together
with our interagency partners, have worked tirelessly and given
careful and thoughtful consideration to the needs of U.S.
private sector and U.S. Government operators in space while
crafting this important proposal.
We are steadfastly committed to continued close
collaboration with the Department of Commerce, NASA, the
Department of Defense, and other agencies to collectively
ensure the application of consistent standards in promoting
safe and sustainable novel space activities.
Since September of last year, I have been privileged to
lead the FAA's Office of Commercial Space Transportation, which
carries out the Department of Transportation's statutory
responsibility to regulate U.S. launch and reentry, and U.S.
launch of reentry site operations only to the extent necessary
to protect the public health and safety, safety of property,
and national security and foreign policy interest of the United
States.
Overall, we have licensed nearly 700 commercial launch and
reentry operations and 14 non-Federal space ports, more than
any other country in the world by far in both categories.
Safety is the FAA's North Star, and we are proud of the fact
that no FAA licensed launch or reentry operation has resulted
in a fatality or injury to a member of the public or cause
significant public property damage.
In recent years, we have witnessed the pace and growth of
U.S. commercial launch and reentry operations increase
significantly, along with a commensurate increase in demand for
my office's licensing products and safety services.
Looking forward, in order to maintain safety while keeping
pace with industry, we will remain reliant on the incredible
work of a fully staffed Office of Commercial Space
Transportation team. I am happy to mention that with Congress's
support, we raised our total staff size to 147 with the
addition of 33 new staff members last fiscal year.
My office also remains extremely focused on implementation
of the streamlined Launch and Reentry Regulation Part 450,
which is performance based and allows for the obtaining of a
single license for a portfolio of operations from multiple
sites.
To facilitate industry transition to Part 450, we provided
to industry an assortment of aides, including license
applications check list, advisory circulars, as well as virtual
tutorials and workshops.
I remain very confident that Part 450 offers a step in the
right direction toward efficiency and workload reductions for
both the Government and industry without sacrificing safety.
Thank you again for the opportunity to participate in today's
hearing. I look forward to your questions.
[The prepared statement of Mr. Coleman follows:]
Prepared Statement of Kelvin B. Coleman, Associate Administrator,
Commercial Space Transportation, Federal Aviation Administration
Chair Cantwell, Chair Sinema, Ranking Member Cruz, Ranking Member
Schmitt, and members of the subcommittee, thank you for the opportunity
to be here today to discuss the important role the Department of
Transportation (DOT) and the Federal Aviation Administration (FAA) play
in ensuring the safety and economic competitiveness of U.S. commercial
space activities. We are committed to continuing to enable safe space
transportation and keeping pace with the growth of the commercial space
sector while prioritizing U.S. leadership.
U.S. commercial space capabilities and innovation are vitally
important to our Nation. The U.S. commercial space transportation
industry is rapidly developing new technologies that will assure our
Nation access to space, take us back to the moon and to other
interstellar destinations, connect global communities, help us better
serve the planet, and improve the daily lives of our citizens.
Commercial space activity worldwide surged in the past decade,
resulting in a half-trillion dollar global space economy that will
nearly double in the next decade. The United States contributes roughly
half of all commercial activity, and the U.S. commercial space industry
will continue to be an extremely important contributor to the growth of
this space economy. My testimony focuses on DOT's authorities and
responsibilities for commercial space, the Biden-Harris
Administration's proposal to establish additional regulatory roles and
responsibilities for DOT and FAA regarding new and novel U.S. in-space
activities that will ensure the U.S. remains the world's preeminent
commercial space country of choice, and ongoing efforts to streamline
and improve our commercial space regulatory framework.
Overview of the Office of Commercial Space Transportation and its
Responsibilities
The Secretary of Transportation (Secretary), in accordance with
Title 51 of the United States Code (U.S.C.), regulates and oversees
U.S. commercial space transportation operations, which include launch
and reentry operations worldwide, the operation of launch and reentry
sites, and human space flight missions. This authority has been
delegated by the Secretary to the FAA. The FAA, through the Office of
Commercial Space Transportation (AST), which I have led as Associate
Administrator since September of last year, carries out these
authorities to protect the public health and safety, the safety of
property, and the national security and foreign policy interests of the
United States. In addition to these important responsibilities, the FAA
is also responsible for encouraging, facilitating, and promoting
commercial space launches and reentries by the private sector and
facilitating the strengthening and expansion of U.S. space
transportation infrastructure. To put it simply, consistent with these
responsibilities, our mission is to enable safe commercial space
transportation, and we recognize and embrace the central role the DOT
and the FAA play in ensuring the U.S. continues to be the global leader
in space.
Since 1989, the FAA has licensed or permitted nearly 700 commercial
space transportation operations, more than any other country in the
world by far. To put the growth of the commercial space sector into
perspective, in Fiscal Year 2023, AST oversaw the safety of 113
operations, tripling the number of licensed operations since Fiscal
Year 2020. Additionally, we have received a 186 percent increase in
license applications since Fiscal Year 2020. And in the last few years,
we've seen an increased use of reusable launch vehicle technology, new
manufacturing techniques, and other innovation. The FAA has leveraged
its licensing and regulatory capabilities and other various programs
and initiatives to enable the growth of the U.S. commercial space
industry in a manner that has resulted in an impressive safety record
for this rapidly growing industry. No FAA-licensed launch or reentry
operation has resulted in a fatality or injury to a member of the
public, nor has there been any significant public property damage.
Looking forward, we expect the total number of licensed commercial
space operations to double by Fiscal Year 2026. This is fantastic
growth, and the FAA is committed to seeing it continue.
Additionally, the FAA's involvement in commercial space
transportation operations is extensive; it also includes license
modifications and license renewals, conducting payload and policy
reviews with our interagency partners, conducting an assortment of
safety analyses, safety inspections, mishap investigations, and more.
We've seen significant increases in all of these activities. For
example, since Fiscal Year 2020, we've increased safety inspections by
124 percent.
Currently, about two-thirds of the AST organization is dedicated to
working on these important activities. The FAA's impressive safety
record and ability to keep up with this rapidly growing industry are in
large part because of the incredible staff that I have in AST. Thanks
to recent support from Congress in Fiscal Year 2023, which allowed us
to expand our team, we were able to hire an additional 33 new employees
using various hiring and recruiting authorities, raising our total
staff size to a current level of 147 individuals, which allows us to
address many of the growing demands that have been placed on our
office.
Looking forward--Novel Space Activities
Last month, the Biden-Harris Administration unveiled a legislative
package titled the ``Authorization and Supervision of Novel Private
Sector Space Activities Act,'' which, if enacted, will provide clear
and predictable authorization and supervision for novel U.S. private
sector in-space activities. The Administration's legislative package
would expand the Department's licensing authority to include the
operation of human space flight vehicles in outer space and the
operation of space transportation vehicles if the operation is for the
sole purpose of conducting in-space transportation. This is a logical
extension of the Department's existing authorities and will simplify
the process for industry. The authority to license operations of human
space flight vehicles in outer space would ensure consistent oversight
of human space flight activities throughout a mission's full lifecycle,
addressing public safety, space sustainability, and other U.S.
interests and, after the learning period \1\ expires, occupant safety
from launch through reentry. AST would utilize our extensive expertise
in space transportation to carry out in-space transportation licensing
authority. For some missions, this authority would allow for in-space
transportation operators to apply for a single license to conduct all
transportation activities, including launch, in-space transportation,
and reentry, which will reduce the regulatory burden on applicants and
ensure consistency in transportation rules from launch through reentry.
---------------------------------------------------------------------------
\1\ 51 U.S.C. 50905(c) places restrictions on the Secretary's
authority to issue regulations governing the design or operation of a
launch vehicle to protect the health and safety of crew, government
astronauts, and space flight participants.
---------------------------------------------------------------------------
We recognize the importance of a robust domestic commercial space
transportation industry to the Nation. The Department's approach to the
authorization and supervision of these in-space activities would
prioritize a clear, predictable, and flexible oversight process that
promotes access to space and imposes minimal burdens on the industry.
The Department would also work closely with the Department of Commerce,
NASA, and other departments and agencies to ensure the application of
consistent standards.
We are in full support of the Biden-Harris Administration's
commitment to fostering a policy and regulatory environment that
enables the competitive and burgeoning U.S. commercial space sector,
including through this legislative package, and we look forward to
continued conversations with Congress on this incredibly important
topic.
Efforts to Streamline and Improve FAA's Commercial Space Regulatory
Framework
At the present time, as we work to enable safe space transportation
within our existing authorities and keep up with this rapidly growing
industry, we have also undertaken efforts to streamline and improve our
commercial space regulatory framework. These efforts include:
Part 450: In December 2020, the FAA published a final rule to
consolidate, update, and streamline all launch and reentry regulations
into a single performance-based part, which is found in Title 14, Code
of Federal Regulations, Part 450 (Part 450). We designed Part 450 to
allow a commercial space operator to obtain a license for a portfolio
of operations, which enables an operator to streamline and include
different vehicle configurations, different mission profiles, and even
multiple sites under one license. The FAA anticipates full
implementation of Part 450 will reduce the number of times an operator
will need to come to the FAA for an approval. Ultimately, this will
free up licensing resources and ensure there are adequate resources
available for evaluating the safety of new operators, vehicles, sites,
and technologies. Additionally, among other things, Part 450 enables
coordination between the FAA and our Federal range partners, including
the National Aeronautics and Space Administration (NASA) and the
Department of Defense, on ground safety at Federal launch sites to
eliminate gaps and duplication in oversight. By March 10, 2026, all
launch and reentry licenses issued by the FAA under legacy regulations
will no longer be valid, and launch and reentry vehicle operators must
be in compliance with Part 450.
We are committed to ensuring this transition to Part 450 is as
smooth as possible. Part 450 is a relatively new rule, and as we
approach these next two years, through various initiatives, AST is
working to ensure that the FAA has the tools in place to ensure that
the industry has a full understanding of how to achieve compliance with
Part 450 and how to take advantage of the intended benefits of this
streamlined process. Among these initiatives are:
(1) Continual Website Improvements: We have worked, and continue to
work, on improving the FAA's website to ensure that information
is easily accessible for prospective license applicants. For
example, we have replaced relevant portions of the website that
contained licensing information with a ``Getting Started with
Licensing'' page \2\ that provides prospective applicants with
important information they will need to successfully submit an
application to the FAA for a license, permit, or safety element
approval. The page contains a link to commercial space
regulations, a link to all active Commercial Space
Transportation Advisory Circulars, a link to contact AST and
provide project and operator information in order to
efficiently begin the pre-application process, a link to pre-
application checklists, a detailed step-by-step process for all
applicants, and more. Additionally, we have added a tool to the
page to guide prospective applicants in determining what type
of license they will need.
---------------------------------------------------------------------------
\2\ https://www.faa.gov/space/licenses/licensing_process/.
(2) Application Checklists: We have developed application checklists
that prospective applicants may use when applying for a launch
or reentry license, experimental permit, launch site operator
license, or safety element approval. These checklists provide
prospective applicants with the information they need in the
pre-application process to ensure they submit a comprehensive,
compliant, and complete application for FAA review and
---------------------------------------------------------------------------
approval.
(3) Virtual Tutorials and Workshops: We have posted educational
videos on our website that cover various Part 450 topics,
including a Part 450 modular ``at your pace'' training video
that offers a broad walkthrough of Part 450.\3\ We have also
hosted workshops to assist prospective applicants with Part
450. For example, we held a Part 450 workshop in 2020 with
industry participants where we did a broad walkthrough of Part
450 and provided a crosswalk of mapping tools comparing the new
rule to legacy regulations. Additionally, this summer, we held
a compliance and enforcement workshop with industry
participants. We plan to develop more training videos and hope
to host more workshops in the future.
---------------------------------------------------------------------------
\3\ https://www.faa.gov/space/workshop_training/part_450.
(4) Guidance: The FAA has published guidance on means of compliance
with Part 450 requirements through Advisory Circulars to assist
the commercial space industry. As of today, the FAA has
published 18 Advisory Circulars related to Part 450 compliance,
which cover topics like Space Nuclear Systems, Flight Hazard
Analysis, Ground Safety, Population Exposure Analysis, System
Safety Program, High Consequence Event Protection, and
Computing System Safety. The FAA anticipates publishing two
more advisory circulars in the near term, one that will provide
guidance to the industry on elements required for a complete
application and one addressing denial and tolling processes. We
are working to publish more advisory circulars in the future to
further facilitate applicants' understanding of and compliance
---------------------------------------------------------------------------
with Part 450.
(5) Licensing Electronic Application Portal: FAA is working to
develop a Licensing Electronic Application Portal (LEAP), which
will be used to accept, modify, exchange, and approve licensing
materials under Part 450. LEAP is expected to enhance our
ability to identify, track, and quickly resolve questions and
issues both internally and externally with applicants.
Human Space Flight Occupant Safety: In addition to supporting
industry's efforts on voluntary consensus standards and updating a set
of recommended practices for human space flight occupant safety, DOT
established the Human Space Flight Occupant Safety Aerospace Rulemaking
Committee (Human Space Flight SpARC) on April 21, 2023. The Human Space
Flight SpARC allows us to engage with the commercial space industry and
will provide consensus information, concerns, opinions, and
recommendations to the Department regarding the establishment of a
commercial human space flight occupant safety framework. We expect
recommendations from the Human Space Flight SpARC by the summer of
2024, which we will use to plan our efforts with the industry on a
future safety framework.
Financial Responsibility: On March 15, 2023, DOT established the
Financial Responsibility Aerospace Rulemaking Committee (Financial
Responsibility SpARC) to engage the commercial space transportation
industry and solicit information, concerns, opinions, and
recommendations about updating the financial responsibility regime for
licensed launch and reentry operations. The financial responsibility
requirements for a launch and reentry license have not been updated in
years, and the Financial Responsibility SpARC's recommendations, due in
early 2024, will help the FAA modernize the financial responsibility
regulations.
Conclusion
I once again would like to reiterate the importance of the
commercial space transportation industry and express the strong
commitment of the Department of Transportation, especially the Office
of Commercial Space Transportation, to ensuring the U.S. continues to
be the global leader in space. The U.S. must remain the world's
preeminent commercial space country of choice, and the Administration's
proposal on in-space authorization will ensure that. We will continue
leveraging our licensing and regulatory capabilities, as well as other
programs and initiatives, to enable the growth of the U.S. commercial
space transportation industry, and we are committed to continued
growth. Thank you again for the opportunity to be here to discuss the
important role DOT plays in ensuring the safety and economic
competitiveness of U.S. commercial space activities. This concludes my
testimony, and I will be glad to answer any questions from the
Committee.
Senator Hickenlooper. Thank you, Mr. Coleman. Our next
witness is Richard DalBello. Mr. DalBello serves as the
Director of the Commerce Department's Office of Space Commerce.
Prior to this role, he spent time as Virgin Galactic's Vice
President of Global Engagement and in the White House's Office
of Science and Technology Policy. Director DalBello, you are
recognized for your opening statement.
STATEMENT OF RICHARD DALBELLO, DIRECTOR, OFFICE OF SPACE
COMMERCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Mr. DalBello. Thank you. Chairs Cantwell and Sinema,
Ranking Member Schmitt, Senator Hickenlooper, and members of
the Subcommittee, thank you for the opportunity to testify
today.
My Office, the Office of Space Commerce, or OSC, along with
our colleagues and NOAA and the Department of Commerce,
appreciate your continued support and advocacy for the
commercial space industry.
For over 30 years, OSC has worked to support and enable
U.S. leadership in the commercial space economy. Over those
years, we have partnered with industry to solve complex policy
and export control issues, to open new markets, to encourage
investment, minimize Government--and to minimize Government
competition with industry.
Our office is currently the regulator of the U.S.
commercial remote sensing industry, and we are implementing now
the next generation of space situational awareness program. The
U.S. commercial sector is a driver of our economy and underpins
our national security, prosperity, and leadership.
According to the Bureau of Economic Analysis, the U.S.
space economy accounted for more than $211 billion in 2021 and
employed over 360,000 Americans. To ensure continued U.S. space
leadership, the Government needs a regulatory system that can
support the dynamic and evolving commercial sector.
We believe the Administration's legislative proposal
developed with DOT, DOD, NASA, and the rest of our interagency
partners, is the right vehicle for addressing this change. U.S.
space regulatory responsibilities are currently shared across
multiple agencies. Most rules were put in place prior to the
recent surge in commercial activity.
As more novel space activities are tested, flown, and
operated, uncertainty about how such activities will be
regulated could negatively affect both investor confidence and
space safety. We support the legislative proposal recently
released by the White House.
We are confident it will create a modern, flexible
regulatory system that protects vital U.S. interests, responds
to industry needs, and ensures continued compliance with
international obligations. The proposal would, without
perturbing existing authorities, establish a regulatory
framework designed to cover anticipated new technologies while
providing the flexibility to respond to those that we cannot
envision today.
OSC is ready to rise to the challenge, and our recent
remote sensing regulatory streamlining demonstrates how we
would manage new responsibilities. This year alone, we have
taken actions which have relieved our licensees of over 70
burdensome restrictions while simultaneously protecting
national security and the foreign policy interests of the
United States.
Beyond a supportive regulatory framework, a robust civil
space situational awareness, or SSA capability is essential for
safety and vitality of the space sector. Commercial space
companies have launched thousands of new satellites over the
past few years, and they have plans to launch tens of thousands
more in the upcoming years.
As orbits become increasingly congested, there is a need to
better track space objects and deconflict traffic. Space Policy
Directive 3 assigned us the responsibility for providing a
future SSA service. OSC intends to provide these services
globally to commercial and civil space operators, offloading
those responsibilities from DOD so that DOD can focus on its
core mission.
TraCSS, the name of our program, Traffic Coordination
System in Space will provide basic satellite tracking data and
associated products free of direct user fees to support the
sustained growth of civil and commercial space activities.
Although TraCSS received significant funding in 2023, we lack a
specific Congressional authorization for the program.
The White House proposal would provide such authorities and
help us engage international partners in our SSA and space
traffic coordination.
Over the last year, we have made good progress on the
TraCSS program, hiring key staff and beginning acquisition of
commercial infrastructure necessary for the operational safety
system. We have entered into formal agreements with DOD and
NASA on data sharing and the future of SSA technology, and we
will soon initiate a series of pathfinder programs that will
engage the commercial sector to identify cutting edge
technologies and clarify global market pricing.
In conclusion, OSC is expanding our activities in support
of the U.S. industry to match the speed and scope of its
growth. The Administration's proposal, addressing both space
mission authorization and space situational awareness, would
give us the tools to effectively carry out these activities.
We look forward to working with you and your staff to
ensure a safe and sustainable space environment for all
humanity.
[The prepared statement of Mr. DalBello follows:]
Prepared Statement of Richard DalBello, Director of the Office of Space
Commerce, National Oceanic and Atmospheric Administration, Department
of Commerce
Chairs Cantwell and Sinema, Ranking Members Cruz and Schmitt, and
Members of the Committee, thank you for the opportunity to testify
regarding the Office of Space Commerce's (OSC) promotion of safety and
innovation in the burgeoning space economy. My office, along with our
colleagues at the National Oceanic and Atmospheric Administration
(NOAA) and the Department of Commerce (DOC), appreciates the continued
and consistent support, advocacy, and interest of Congress in these
important issues.
For over 30 years, the Office of Space Commerce has worked to
support and enable U.S. leadership in the commercial space economy. As
the principal unit for space commerce policy activities within the
Department of Commerce, our mission is to foster the conditions
necessary for the economic growth and technological advancement of this
industry. We are advocates for industry within the government; we work
closely with the space sector to make sure we understand their needs
and that policymaking takes those needs into account. Another key
element of our work is to develop the next generation U.S. civil space
situational awareness and space traffic coordination system called the
Traffic Coordination System for Space (TraCSS).
Our office is acutely aware of the importance of our Nation's space
industry--and the remarkable workforce which constitutes it. The United
States' commercial space sector is a fundamental workhorse of our
economy and underpins our Nation's security, prosperity, and
leadership. It provides the services and ever-expanding connectivity
which define our daily lives. American space companies provide the kind
of industrial innovation, entrepreneurial ingenuity, and economic
competitiveness that will secure our global leadership far into the
twenty-first century. The Office of Space Commerce's recent
reorganization and elevation within NOAA reflects the priority that
Secretary Raimondo, Deputy Secretary Graves and Administrator Spinrad
put on this important business sector.
In addition to its role as advocate for the space industry, OSC is
also a regulator. OSC's Commercial Remote Sensing Regulatory Affairs
(CRSRA) Division provides a clear example of how the Department would
intend to implement the additional authorities requested in our
legislative proposal. CRSRA has developed a regulatory approach that is
easily understandable, provides licensing responses rapidly--usually
several weeks--and yet is responsive to national security and other
critical U.S. interests. In addition to the support we have received
from U.S. industry in response to our regulatory implementation, we are
also seeing many foreign firms applying for U.S. remote sensing
licenses as the regulatory ``flag of choice.''
According to the DOC's Bureau of Economic Analysis, the U.S.' space
economy in 2021 accounted for more than $211 billion in gross output--
representing 0.6 percent of our national GDP--and employed 360,000
Americans in nearly every state in the country. The government's
continued facilitation of American space leadership necessitates a
regulatory system that can support the dynamic and evolving commercial
sector. The OSC recognizes that the U.S. space industry faces
competition from companies and regulatory regimes abroad. Just as our
companies constantly innovate, our government must also adapt to new
circumstances.
Enabling Innovation--the ``Authorization & Continuing Supervision'' of
Non-Traditional Space Activities
The U.S. space regulatory system is decades old and its
responsibilities shared across multiple agencies. It is not sufficient
at a time when a whole range of new space technologies and platforms
are being developed and flown, from robotic in-space satellite
servicing to commercial space stations. As more novel space activities
are tested, flown, and operated, uncertainty about how such activities
will be regulated in the future could affect technical planning, impact
business cases, erode investor confidence, and undermine space safety.
The U.S. must develop a way to authorize and supervise those commercial
activities which do not directly fit within our legacy regulatory
system.
This is why the Office of Space Commerce and the Department of
Commerce support the legislative proposal recently released by the
White House, in coordination with the Department of Transportation and
NASA. We are confident that this proposal would create a regulatory
system that protects vital U.S. interests, responds to the needs of
industry, ensures continued compliance with international obligations,
and maintains the U.S. as the ``flag of choice'' for commercial space.
This proposal would establish the framework for a new, modern, and
flexible regulatory system, building on the strengths of our office and
those of our interagency colleagues in DOT and NASA. As we move
forward, we are committed to conducting any rulemaking transparently
and with full engagement of stakeholders, including industry. The DOC
is in an ideal position to address many of the new and emerging
commercial space activities. Our recent regulatory streamlining for
remote sensing systems demonstrates our ability to balance national
security while promoting commercial innovation. As a result of this
streamlining, we have reduced our average license processing time from
48 days in 2020 to just 14 days today. We also recently relieved 11 of
our licensees of 69 operating restrictions, allowing these licensees to
offer their full imaging capabilities to the world.
The Administration's proposal does not establish new regulations;
rather it is designed to provide future flexibility, understanding that
we may not be able to fully envision years into the future types of
novel space activities that will need authorization. As we move
forward, my office is committed to transparent rulemaking processes
that provide for the engagement of stakeholders, including industry.
These rules will build on best practices and knowledge developed by
industry, will adhere to strict and quick timelines and, where
applicable, will be based on a presumption of approval. Likewise, OSC
will continue to regularly engage with industry, including through our
Federal Advisory Committee to ensure that industry maintains a
meaningful and trusted ``voice at the table.''
Ensuring Space Safety & Sustainability--the ``Traffic Coordination
System for Space''
A robust civil space situational awareness (SSA) capability is
essential for the safety and sustainability of Earth's orbit--and the
innovation and vitality of our space sector. Commercial space companies
have launched thousands of new satellites over the past few years and
plan to launch tens of thousands more. Orbits are becoming increasingly
congested, putting commercial, civil, and national security space
missions at risk. There is a growing need to better identify and track
objects in space, and to deconflict--and eventually coordinate--orbital
traffic. ``Space Policy Directive-3,'' assigns the DOC responsibility
for providing basic SSA services to commercial space operators--
offloading those responsibilities from the Department of Defense (DOD)
so that DOD can focus on its ``protect and defend'' mission.
We recognize the urgency of fulfilling this mission to prevent the
next catastrophic collision in space. In partnership with industry,
government, and academia, the OSC is making great strides in
implementing an operational public SSA and space traffic coordination
(STC) services system called the ``Traffic Coordination System for
Space'' (TraCSS).
TraCSS will provide basic satellite tracking data and associated
products and services, free of direct user fees, to support commercial
and civil space satellite owner/operators, enabling commercial growth
while keeping space operations safe and sustainable. We are developing
TraCSS to be a modern IT system leveraging the best-of-breed software,
data, and analytics from the commercial sector. This will not only keep
us at the edge of innovation but also catalyze the growth of new
commercial markets.
We are pursuing a phased development approach for TraCSS to build
up capabilities and ensure a smooth offloading of SSA and STC
responsibilities from the DOD. TraCSS will ingest unclassified data
from DOD and integrate commercial SSA data and services. Over time and
with each phase, more commercial data and commercial SSA services will
be integrated as core capabilities. This public-private collaboration
will continue to evolve through ongoing research, integration, and
testing to advance capabilities for civil SSA and STC. These combined
efforts are improving SSA data interoperability and increasing SSA data
sharing, and coordination across the U.S. Government is ensuring that
there is no disruption in basic SSA safety services.
Although we have made significant progress on TraCSS with FY23
funding, the Administration's legislative proposal would provide the
Commerce Department with authorities to fully implement the TraCSS
program's public-private approach and allow it to successfully scale.
The proposal supports stakeholder and operator coordination and
participation in TraCSS, encouraging the information sharing needed to
effectively conduct space traffic coordination and provide SSA services
that have meaningful utility for space safety.
I'd like to highlight some of the many milestones and achievements
our office has made with regard to space situational awareness over the
past year:
Collaborating and coordinating with the Department of
Defense: DOD and OSC engage in weekly working group calls and
semi-annual in-person workshops on the transition of SSA
responsibility. As part of a pilot project to assess
spaceflight safety in the medium Earth orbit (MEO) and
geostationary Earth orbit (GEO), the OSC partnered with the DOD
through 2023 to award seven contracts to U.S. commercial space
firms for space situational awareness data analysis for a
subset of spacecraft in the MEO/GEO orbital regime. The pilot
project demonstrated that the U.S. Government needs to clearly
define program goals, metrics and contractual deliverables to
assess commercial performance and to take full advantage of
commercial capabilities. It also helped identify clear areas
for government-funded ``commercial pathfinder'' projects with
the private sector in Fiscal Years 2024 and 2025 to mature
industry capability tailored specifically for OSC TraCSS
service needs. These pathfinder projects will directly feed
into procuring commercial SSA data and services for sustained
TraCSS operations.
Defining the scope of basic Space Traffic Coordination
services: On January 26, 2023, the OSC issued a ``Basic SSA
Services'' Request for Information (RFI) seeking input and
feedback on the planned scope of basic safety services that the
TraCSS program will provide. This input informed OSC's
development of capabilities to share basic SSA data,
information and services to space operators and the public. The
scope of basic safety services will evolve over time to meet
the safety needs of the growing commercial space industry,
while also ensuring that TraCSS fosters, rather than disrupts,
the marketplace for advanced commercial SSA services.
Progressing toward deployment of TraCSS Phase 1.0 initial
capabilities: The OSC, working closely with its partners at DoD
and NASA, continued to make good progress in our architecture
and procurement strategy with the objective of deploying Phase
1.0 initial capabilities in the fourth quarter of Fiscal Year
2024. The OSC developed a procurement strategy that has three
distinct components: TraCSS-OASIS--a data lake repository for
storing, sharing, and disseminating government, international,
and commercial SSA data; TraCSS-SKYLINE--the SSA application
layer providing close approach and potential collision alerts,
warnings, and other safety services; and TraCSS-HORIZON--a
development & testing environment and modeling, simulation, &
research environment to advance the state of the art in SSA. In
2023, OSC awarded a cloud utility contract for TraCSS and is
progressing on major procurements. We have also defined
planning for procurement of a minimum government infrastructure
for TraCSS--involving the Cloud Utility, System Integration/
Cloud Management, and User Interface.
Engaging commercial providers on Space Traffic Coordination
services: The OSC hosted two workshops--a virtual workshop on
July 12, 2023 and an in-person workshop on July 19, 2023--for
commercial Space Situational Awareness data/products and
service providers to discuss TraCSS. The OSC hosted these
workshops as part of a series of continuing engagements with
the user community to discuss the future of TraCSS. On April
12, 2023, the OSC hosted a live video presentation about
TraCSS, where the OSC shared its findings from the Basic SSA
Services RFI. On July 28, 2023, the OSC released a second video
presentation updating the progress of TraCSS, discussing
related interagency cooperation between the DOC, DOD, and NASA;
the primary objectives for TraCSS; the three components of
TraCSS (OASIS, SKYLINE, and HORIZON), what they handle, and how
they work together; the roll-out of capabilities across Phase 1
of TraCSS; the engagement approach for integration of
commercial SSA data and services in Phase 1; and expectations
for future phases. At the recent AMOS (Advanced Maui Optical
and Space Surveillance Technologies) Conference, the OSC held
multiple engagements with commercial SSA providers on TraCSS
including roundtables, public panel discussions, and bilateral
meetings.
Developing SSA and STC standards and practices: The OSC and
the National Institute of Standards and Technology (NIST) have
continued to coordinate and engage to share input from the U.S.
Government and commercial industry to develop internationally
accepted common standards, best practices, and guidelines for
space situational awareness and space traffic coordination. In
the next month, OSC is planning to host a virtual listening
session on specific technical standards for data output from
TraCSS. OSC is also a member of the U.S. Technical Advisory
Committee (U.S. TAG) for the International Organization for
Standardization (ISO) Technical Committee, Aircraft and Space
Vehicle, Subcommittee 14, Space Systems and Operations to
support the development of consensus-based technical standards
for commercial and civil space sector use.
Mitigating the impact of orbital debris: The OSC
participated regularly in the Orbital Debris R&D Interagency
Working Group led by the White House Office of Science and
Technology Policy. The Office supported the development of the
July 2022 National Orbital Debris Mitigation Plan, a national
effort to meet the U.S.' space sustainability priorities to
mitigate, track, and remediate debris, and continued
participation in the Interagency Working Group to deliver
implementation updates. The implementation plan accomplishes
objectives outlined in the U.S. Space Priorities Framework and
builds upon the National Orbital Debris Research and
Development Plan published in 2021 that OSC worked on as well.
Advancing the state of the art in SSA: OSC is partnering
with NASA on the R&D component of the Traffic Coordination
System for Space (TraCSS-HORIZON). NASA will be managing a
TraCSS-HORIZON partition consisting of a modeling, simulation,
and research environment focused on basic R&D, the academic
community, and fostering innovative SSA and STC services to
advance the state of the art in SSA. This includes addressing
scientific questions on how the space environment impacts SSA,
space weather, and orbital debris--and crucially for collision
avoidance, how this environment can be forecast. Additionally
from late 2022 onwards, through a funded project with MIT
Lincoln Labs, OSC has provided independent evaluation and
feedback to commercial SSA providers to help validate and
verify their commercial products.
Although we have made significant progress on TraCSS with FY23
funding, the White House's legislative proposal would provide the
Commerce Department with authorities to fully implement the TraCSS
program's public-private approach and allow it to successfully scale.
The proposal supports stakeholder and operator coordination and
participation in TraCSS, enabling the information-sharing needed to
effectively conduct space traffic coordination and provide SSA services
that have meaningful utility for space safety.
The Office of Space Commerce's Vision for Globally Coordinated SSA/STC
The White House's proposal also provides Commerce with much-needed
guidance and authority to engage in international dialogue and
collaboration on SSA and STC. This global dialogue is critical to
sustaining American leadership in SSA and supporting commercial
opportunities for American SSA data providers. It will also require the
OSC to open lines of communication with nations operating SSA systems,
including those that have not traditionally coordinated their efforts
with the U.S.
To that end, OSC, working in partnership with the Department of
State, is engaging with allies and partners to frame options related to
global data standardization and best practices for information sharing.
OSC has identified that the Consultative Committee on Space Data
Systems (CCSDS) standards appear to be the most widely adopted in the
SSA community today; listening sessions with spacecraft operators and
commercial SSA providers suggest that they are well known and
frequently used. CCSDS standards--as well as derived and complementary
standards produced by the International Organization for
Standardization--are developed through an international consultative
process, are openly available free of charge to all users, and are
directly applicable to the types of SSA data and information that
TraCSS will provide. OSC is exploring whether adjustments to the
standards would be necessary to fully meet operational needs.
Conclusion
In summary, the Office of Space Commerce is expanding its
activities in support of the U.S. commercial space industry, to match
the speed and scope of the industry's growth. This legislative proposal
would give us the tools to effectively carry out these activities. We
fully endorse this proposal and look forward to working with you and
your staff, to build on our efforts with DOT, NASA, and DOD, to ensure
a safe and sustainable space environment for all humanity. This is
critical not just to America's commercial interests, but also our
national security and civilian missions.
Thank you for the opportunity to testify today, and I look forward
to taking your questions.
Senator Hickenlooper. Thank you, Mr. DalBello. Our final
witness is John Hill. Mr. Hill serves as Deputy Assistant
Secretary of Defense for Space and Missile Defense in the
Department of Defense.
He previously served as the Principal Director for Space
Policy and has held a variety of assignments at the Department
of Defense. Deputy Assistant Secretary Hill, you are recognized
for your opening statement.
STATEMENT OF JOHN HILL, DEPUTY ASSISTANT SECRETARY
OF DEFENSE FOR SPACE AND MISSILE DEFENSE,
DEPARTMENT OF DEFENSE
Mr. Hill. Thank you. Chairs Cantwell and Sinema, Ranking
Members Cruz and Schmitt, distinguished members of the
Subcommittee, on behalf of the Office of the Secretary of
Defense, it is an honor to testify today here alongside my
distinguished colleagues. Services delivered from space-based
systems drive modern economies.
The contributions of Earth observation systems, positioning
navigation and timing systems, and satellite communications and
data transport systems are essential to modern life. The same
is true for national security.
The National Defense Strategy highlights the indispensable
contributions that these space systems make to the integrated
ability of the Joint Force to defend the homeland, to deter
strategic attacks against the United States, our allies, and
partners, and to deter aggression while being prepared to
prevail in conflict when necessary.
To an increasing extent, commercial space systems are
contributing to these national--these essential services, much
the same as the commercial economy has supported defense needs
across all sectors of the economy throughout our history.
The Department of Defense is utilizing commercial services
and benefiting from the competitive commercial market forces
that are driving innovation in the space sector to an ever
greater extent. The United States has led the way in exploring
space and developing new markets for services delivered from
space.
Now, U.S. commercial industry is pursuing new opportunities
to develop markets for services and manufacturing delivered in
space. Services that can expand the potential for space
exploration and for services delivered from space.
The United States has also been a leader in establishing
legal and regulatory frameworks for spectrum, space launch and
reentry, and remote sensing that make our Nation a highly
attractive place for commercial space entrepreneurs and
investors to do business, all to the benefit of our economy and
our national security.
So, it is appropriate to consider what legal and regulatory
framework updates may be required to enable these new forms of
commercial space activities. The Department of Defense is not a
regulatory agency, but we have a long history of cooperating
with our civil regulatory agency partners to help them
understand any national security dimensions of the decisions
they may be making.
We have also worked closely with these agencies to update
regulations so that the national security considerations
reflect up-to-date considerations of risks and risk mitigation
approaches. The recent rewrites of regulations for licensing
commercial space launch services and private remote sensing
space systems reflect this partnership.
The Administration's legislative proposal on authorization
and supervision of novel private sector space activities
likewise continues this approach by requiring consultation with
the Secretary of Defense concerning matters of national
security.
And to be very clear, often the overriding national
security consideration is to enable the competitiveness of U.S.
industry without burdensome licensing conditions, while
managing any risks of a given activity through other means
available to the Department and our partners across the
national security community.
Finally, the Administration's proposal includes important
authorities by which the Department of Commerce will be able to
conduct a number of inherently civil space situational
awareness functions currently handled in the Department of
Defense.
The transition of these functions to a civil agency will
enable the Department of Defense to focus our work on the
inherently military aspects of the space situational awareness
and space domain awareness missions.
The Department of Defense has worked together with our
interagency partners to craft the Administration's legislative
proposal. That proposal accounts for our national security
concerns, including concerns for sustaining a space environment
that enables national security space operations. It likewise
accounts for U.S. treaty obligations and broader national
interests.
We urge your support and thank you for your attention. I
look forward to your questions.
Senator Hickenlooper. Great. Thank you all for being here.
And Chair Cantwell will be back. She wanted to make sure that I
said that. She goes from one fire emergency to the next. Let's
start the questioning.
I will start with you, Mr. DalBello. Colorado is a leader
in the aerospace economies and is going to rely on efficient,
thorough, reliable approvals from the Federal Government to be
able to do the innovations necessary to succeed in space.
We are working on a--to introduce bipartisan legislation to
create a modern mission authorization that will allow large and
small companies to have regulatory certainty for how their
activities will be reviewed and be able to maintain and--or
maintain our obligations to our international partners and
maintain levels of safety.
This will ensure U.S. remains a global leader in space. Mr.
DalBello, if authorized by Congress, how will the Office of
Space Commerce prepare its resources and personnel to authorize
novel in-space activities on a thorough and timely basis?
Mr. DalBello. Thank you very much for that question.
Absolutely, one of the first things we do would be to engage--
this is broad allocation of authority that we are seeking in
our legislative package.
And the first step to implement that would, of course, be
to engage in a regulatory review process which would involve
the commercial sector. So, first of all, we would do this in
partnership. Second, we would seek those things, I think you
mentioned most of them.
One is clarity of purpose. The private sector needs to
understand what are the Government objectives that we are
pursuing. The second is there should be strict timelines. The
private sector needs to know what a license to--what does the
licensed process look like? How long is it going to take?
And then finally, the process needs to have flexibility.
Recently, as I mentioned in my oral testimony, we actually
reduced the restrictions on remote sensing industry licensees
this year.
We did that because as the--we have written into our
regulations, as the global environment changes, as technologies
advance, we have to have a regulatory system that is responsive
so that the private sector isn't burdened with old and
unnecessary regulations.
So, we would seek to take the same approach, engagement
with industry, engagement with our colleagues in Congress, and
we would move forward and put together a regulatory system that
met those requirements.
Senator Hickenlooper. Create a system that evolves and
innovates as it goes, what a concept. Ms. Melroy, for
innovation to truly flourish, small businesses need an
opportunity to compete with larger players in the arena to--
which have historically been awarded to the large contracts.
Administrator Melroy, in your testimony, you discussed
NASA's role as a purchaser of services from the commercial
sector. How can smaller businesses enhance NASA's future
through the NASA Small Business Innovation Research and Small
Business Technology Transfer Programs to effectively compete
for the open contracts in this burgeoning space economy?
Ms. Melroy. Senator, thanks for asking a topic that I am
very interested in. I do believe that small businesses are the
backbone of our country economically, but also bring the kind
of innovation that we need for the mission that we have.
We are very excited to say that we have raised the amount
of money that we have awarded to small businesses by hundreds
of millions of dollars over the last 5 years or so, and SBIRs
and STTRs, as you pointed out, are a key part of that.
One of the great examples comes from the State of Colorado,
and that is advanced space. We developed the capstone mission,
which is even now exploring the novel near rectilinear halo
orbit around the moon in preparation for future human
spaceflight activities there to help us understand that orbit
better so that we can be more efficient when we operate, and
that started under an SBIR in 2015.
Senator Hickenlooper. Absolutely. Mr. Coleman,
Administrator Coleman, your testimony highlights FAA's
responsibility for facilitating commercial space launches and
reentries by private sector.
FAA has seen 186 percent increase in license applications
since Fiscal Year 2020. Because of the FAA's work, every U.S.
licensed launch or reentry operation for spaceports has met,
without exception, the highest levels of safety, despite the
obviously unforgiving nature of the space environment.
We introduced the Bipartisan Spaceport Act to provide
dedicated support for infrastructure needs at U.S. spaceports
such as Colorado Air and Spaceport. How does the FAA support
the infrastructure needs of emerging spaceports around the
country to continue with licensing along with prioritizing
safety?
Mr. Coleman. Thank you for the question, Senator
Hickenlooper. In 2018, as a result of the Reauthorization Act
for the FAA, we did stand up an Office of Spaceports, which
supports the infrastructure needs of our 14 licensed spaceports
in the U.S.
We work very closely with those spaceports to address
policy concerns, funding concerns, other issues that are of
interest to those spaceports. And so, we have worked very
closely with those spaceports in that regards.
We also have authorization for a spaceport infrastructure
matching grants program, if you will. We have had that
authority for some years now. We haven't had it appropriated,
but we do have that authority in place to ensure that, you
know, spaceports are being developed appropriately to support
our launch service providers' needs.
Senator Hickenlooper. Great. Thank you so much. I am going
to cut myself off. Turn it over to the Ranking Member and Vice
Chair, Senator Schmitt.
Senator Schmitt. Thank you, Senator. I am going to try to
go in kind of rapid fire because we only get 5 minutes and I
have questions.
But we did get a chance to visit some of us already. Deputy
Administrator Melroy, I really appreciate your service. You are
the only one here in the room, I think, that has been to space.
Raise your hand if anybody else has. I think you are it.
So, thank you for your service. It is a very distinguished
career. In my office, we talked about just how novel these in
person space activities are, and it just presents, you know,
different realities.
Like there is not a lot of data surrounding all of this
right now as the regulatory framework is sort of being grappled
with. Could you just talk a little bit about that with that--
with those human operations, how certification really does,
kind of depend on individual vehicles, right. I mean, could you
talk a little bit about that, amplify that a little bit?
Ms. Melroy. Thank you, Senator. Yes, I really enjoyed our
discussion on this. And yes, it does give you a novel
perspective being in space. I think it is where everything
comes together, and you actually see how it all works.
And actually, NASA has more than 50 years of human
spaceflight experience doing things like satellite servicing,
building the International Space Station, servicing Hubble and
so forth, using humans.
We have new technologies that we are seeing autonomous, but
of course the human spaceflight expertise is core with us. So,
I think we--one of the areas that we are interested in, we have
worked very successfully with the FAA over the last decade on
commercial crew. We have come to clarity.
We need to protect our astronauts. We would expect any
regulator to worry about public safety and to set a threshold
and a bar, a performance-based bar. We go much further in
protecting our astronauts, and we do that contractually today.
And we have worked with our commercial providers to certify
the vehicle for the operations that we do. It works very well
for us because we have a spacecraft such as SpaceX's crew
Dragon that goes--carries our astronauts to the International
Space Station and back, and that--we have a long history of how
to certify a spacecraft.
Senator Schmitt. Do you do you think that that sort of in
years the benefit of the validity of a learning period kind of
approach to all this, would you agree?
Ms. Melroy. Well, NASA thinks that it is--we would prefer
not to extend the learning period, and I will tell you why.
Although we certify these vehicles for NASA operations, we are
concerned that spaceflight participants believe that NASA is
certifying the safety for their activities as well, and that is
not something that we do. We have concerns about that
misunderstanding.
Senator Schmitt. OK. Thank you. Well, we can follow up and
talk more about that. Associate Administrator Coleman, I do
want to ask, can you explain how the White House proposal will
be different when the existing FAA regimes that we currently
have already, sort of, struggle to meet statutory timelines?
And that is one big concern. So, it is--FAA, you know, we
want to be very supportive, but it currently struggles with
some of those timelines. Could you explain how this would be
any different than that?
Mr. Coleman. Sure. Thank you for the question, Senator.
Certainly, with launch licensing, it is a very intense process
that whereby a number of factors come into play. The complexity
of the operation, the familiarity with the applicant with the
rules, familiarity with the regulator, with the operation that
is being proposed.
The quality of the application itself, whether or not the
evidence is sufficient or not to demonstrate compliance is
there. These are factors that lend itself to the pace at which
licensing occurs.
These activities that we are talking about for in-space
transportation, mission authorization are significantly
different, if you will, from launch activities and reentry
activities that pose an entirely different risk exposure to the
public than these activities. You know, for a launch reentry,
we rely on flight safety analysis, system safety analysis,
trajectory analysis.
We are not talking about these types of analyzes for these
novel in-space missions. They are quite different, and we
envision a very light touch approach, very similar to what the
Commerce Department would apply for in-space missions that they
would oversee.
Senator Schmitt. OK. Thank you. And I had one final
question before I run out of time. Mr. Hill, as commercial
demands grow beyond the capabilities of Vandenberg and Cape
Canaveral, do you believe that the memorandum of agreement that
you currently have should be expanded to include additional
ranges for reentry operations?
Mr. Hill. I think we need to always be looking at the
growth of where commercial is going and ensure that where the
Defense Department can support these types of growth areas.
So, looking at the MOU to see whether that is current or
needs to be updated is appropriate as well, because there are
spaceports going around the country, there is also increasing
growth at the DOD facilities.
And as I said in my opening statement, fundamentally that
is good for the Nation and fundamentally it is good for us. We
just have to figure out how to accommodate those things.
Senator Schmitt. Thank you. I yield back, thank you.
Senator Hickenlooper. Great. And I will continue the
questioning. I thought that was the Chair coming in. Mr. Hill,
I didn't get a chance to ask you a question. As you are no
doubt aware of the international traffic in arms regulation--
regulations or ITAR as it's commonly referred to, set strict
requirements for the United States in terms of the export of
defense related articles and services.
ITAR requirements can significantly impact the space
industry and could have a chilling effect on our ability to be,
let's say a partner of choice for allied or friendly countries
that are seeking to expand their space programs using U.S.
commercial technologies.
While the State Department obviously has ultimate
authority--about what ends up on that, on the munitions list,
DOD's Defense Technology Security Administration, DTSA, is a
lead reviewer and a coordinator for potential changes.
Can you speak a little to what updates or current export
policy might help bolster competitiveness of U.S. space
startups seeking to export their technology to allies or allied
partner nations?
Mr. Hill. Thank you, Senator Hickenlooper. My, one of my
close colleagues is the Director of the Defense Technology
Security Administration, so it is--while it is not in my
particular area, we do consult because I have an interest from
the space policy perspective.
And a number of years ago, the U.S. Government moved many
items off of the International Traffic in Arms Regulation to
the Commerce Department's Commerce Control list, moving them
out of the classification of arms into more regular commerce
types of export items.
And that has been a regular review process that is ongoing
and that they do every year or two to see how has the world
changed, the economy changed, because we want to focus the ITAR
on those things that are truly the most concern from the
munitions perspective and recognizing that space technology is
moving very fast, and what is special military today could be
commodity tomorrow.
And we need to stay ahead of the pace, and so that we don't
constrain U.S. industry's competitiveness by regulatory lag.
So, that effort has been going on a couple of years. While I
can't speak to specifics that might be moving, I know that is a
regular focus of both State Department and the Defense
Technology Security Administration.
Senator Hickenlooper. Yes. No, I figured it is just going
to grow. It will increasingly become a point of contention and
debate. I think I would start with Ms. Melroy, and we will go
down the list. We have talked a lot about, in this subcommittee
about space debris over the years, and there are a number of
bills that are in process or have passed.
What is your sense in terms of--I mean, we have--a little
bit we have got the Wild West out there. There have been very
few restrictions or regulations. There is an enormous amount of
debris already out there traveling at speeds that are hard for
us, standing stably on the planet earth, hard for us to
conceive of how fast these sometimes very small fragments can
do enormous damage at such high speeds.
Anyway, what is your sense of what the Congress should be
looking at and how it should approach this, and what level of
urgency should we have?
Ms. Melroy. Yes. Thank you, Senator Hickenlooper, and thank
you for your leadership on this topic with the Orbits Act. I
think it is critically important. I would say that it is
universally realized that that we have some real challenges in
this area.
I think the active debris remediation piece of it that you
addressed is a critical piece. I actually think this
legislative proposal is very helpful, specifically because it
is looking at the safety of the space environment.
And so, that contains many more of the pieces that we want
to be looking at, orbital debris generation and remediation,
but also other aspects of the space safe--space environment
that the Department of Defense and NASA operate in. We think it
is very important to address some of those other pieces as
well.
We are currently working on this, and we are proud of the
work that we do in our orbital debris models, the help that we
give industry about best practices, and we have a handbook and
those kinds of things. But there is a lot more work to be done.
Senator Hickenlooper. Well, let me--I didn't see Senator
Vance snuck in under my purview. So, are you OK if they finish?
Go ahead, Mr. DalBello.
Mr. DalBello. I just wanted to comment on the debris issue,
that that is why we are so focused on the Department of
Commerce on the next generation of space situational awareness.
We need better information about what is--and better and
more timely information about what is in space. We need to make
more reliable warnings available to the commercial sector. We
need to have a plan. All around the world as I have traveled,
countries are developing their own SSA systems.
There is really no clear coordination between these
systems, and it is unclear that the results of individual
systems can be correlated in a way that is meaningful. So, we
have a task, an international task to work together to figure
out, number one, let's have the best system in the world, and
number two, let's figure out how to engage globally to make
sure that all actors in space are operating safely.
Senator Hickenlooper. Great. Guys let's shift over--you
don't need to--I don't see any burning desire to add to that. I
will move over to Senator Vance.
STATEMENT OF HON. J. D. VANCE,
U.S. SENATOR FROM OHIO
Senator Vance. Thank you, Mr. Chair. Thanks to the four of
you for being here. I just want to sort of ask some questions
basically about, you know, whether the new rule or the new
proposal is unduly complicated.
And so, it is my understanding that under the
Administration's proposal, the responsibilities for authorizing
licensing and supervising commercial space missions would be
split between DOT and the Department of Commerce.
Now, can you help me understand whether a mission will need
authorization from the Department of Transportation or
Commerce? Maybe Mr. DalBello and Mr. Coleman, when will
something fall under Commerce's purview and when will it fall
under Transportation's?
Mr. Coleman. Sure. Thank you for the question, Senator. So,
there are two specific carveouts in the proposal for the
Department of Transportation. Activities that involve a human
being are responsibilities that will rest with the Department
of Transportation.
Senator Vance. Yes.
Mr. Coleman. Activities that involve the transport of goods
in space also will reside with the Department of
Transportation. If the sole purpose of the operation or
activity is for transportation, and there are a few of those
activities, those activities will rest with the Department of
Transportation.
All other activities would rest with the Department of
Commerce. And so, what we have is a construct whereby for a
single activity, only a single agency will have oversight of
that responsibility.
There is no situation in which both the Department of
Commerce and the Department of Transportation will have joint
oversight responsibilities for a single activity.
Senator Vance. So, and just to follow up there Mr.
DalBello, or any of you can feel free to jump in here. So, let
me just sort of toss out this hypothetical and explain to me
what I am missing, or if I am right, we can sort of go from
there.
So, let's say we have an in-orbit servicing mission that
might need to dock the commercial space station for refueling
or some other purpose. Now, under the proposal, as I understand
it, the in-orbit servicing mission would be licensed by
Commerce.
Then the commercial space mission, or the commercial space
station is licensed by the Department of Transportation. So, I
guess would I as an operator need multiple licenses from each
agency in order to do this particular mission?
Mr. DalBello. One of the things--that is a great question
and we have been asked that question previously, I think. The--
it is a great question because if, as Kelvin said, if it
involves humans, the space station would be licensed by the
Department of Transportation.
So, if it were a space tug or a refueling station, it would
be licensed by the Department of Commerce. In the business of
refueling or a space tug would be a commerce license. So, the--
even if there were in your scenario I think a tug docks with
the station perhaps to refuel the station, the two licenses
would be separate in that case.
The activity of the station would be licensed by DOT, but
the activity of a tug service of which the station might be one
of many customers would be a Department of Commerce license.
Senator Vance. So was there any discussion or has there
been discussion for when you have a scenario like this, and you
know, I understand this is probably somewhat unusual but not
that unusual, where you have a scenario where you would have to
go to both Transportation and Commerce to just sort of fold--
basically give one agency jurisdictional control so you don't
sort of confuse, you don't have multiple people going to
different places.
I wonder, like are there jurisdictional disputes, where you
might have Commerce and Transportation fighting over where you
draw the line? You know, I just worry that as commercial space
aviation or spaceflight becomes more complex, that you might
create jurisdictional issues where maybe some other approach
might just make it more simple.
Mr. DalBello. I think central to any of the scenarios we
are talking about, there will be a robust interagency process
that will be stood up along with these things. We do this now.
I mean, our regulations in commercial remote sensing are really
done, we are very tightly linked with the national security
community on what we do.
And I know that Kelvin in his launch licenses has a payload
review, that is broadly--it is broadly reviewed in the
interagency process. So, where there is a jump ball like that,
often there will be an interagency discussion.
And that is why I said, it is really important for any rule
set to come with strict timelines because you have to be able
to--as the commercial sector has an expectation that they can
get an answer in a reasonable timeline.
So strict guidelines, strict rules, strict timelines are
important to move those processes along. Sometimes you have to
talk to your interagency partners, but that process also has to
have momentum behind it to meet the needs of the commercial
sector.
Senator Vance. Sure. So, thank you all. I am mindful of my
time here, so I will yield back with just one final comment. I
guess as this stuff unfolds and we actually see how this
provision plays out in the real world, just the one request is
that if you see these sort of jump ball situations coming up
and they are unduly complicated for the commercial space
industry, maybe we can figure out ways to simplify them. That
is just one big worry that I have with these things is that
these like we are jurisdictional jump ball issues, as you put
it, might come up more than we would like. Thank you.
Senator Hickenlooper. Thank you, Senator Vance. Ranking
Member Cruz.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Mr. Chairman. Welcome to each of
the witnesses today. Good to see you. I want to start with Mr.
Coleman and Mr. Hill. Thank you for being here. It was great to
see Starship finally succeed in conducting its second test
flight just a few weeks ago.
This was, of course, after months of delay stemming from
bureaucratic red tape from AST, Fish and Wildlife, and other
agencies injecting themselves into the process. An
environmental review had been approved for the first launch of
Starship, but simply because SpaceX must continue new test
launches, they were required to go through a whole new
environmental review process.
To your knowledge, does China apply its own version of
environmental policy review equivalent to a National
Environmental Policy Act under which Chinese citizens, or
perhaps a bat conservation group, can sue the CCP at a halt
missile or space vehicle development? And what about Russia,
does Russia do that?
Mr. Coleman. Thank you for your question, Senator Cruz. The
first SpaceX launch that you mentioned, orbital flight test
one, did result in a mishap whereby the pad was destroyed.
For the second flight, they had to repair the pad and as
such, due to that change, it required a new look at the
environmental piece to ensure compliance with NEPA and to
ensure compliance with the Environmental Species Act, which
required a consultation with the Fish and Wildlife Service.
And so, we conducted that consultation with the Fish and
Wildlife Service in accordance with U.S. law. To your second
question about China and their programs, I am not as familiar
with what China does there, but I can tell you with a surety
that we follow U.S. law and procedure in our environmental
review process associated with the second launch of Starship.
Mr. Hill. Thank you, Ranking Member Cruz. I am not familiar
with the Chinese legal structure, but I know enough to say I
wouldn't find it as a good model for us.
Senator Cruz. Well, look, I have been to that pad where the
launch occurred, and I will tell you, the answer is no, in
China you cannot do that. You don't have those suits. In
Russia, the answer is no.
Let me ask you this, when China or Russia undertakes a
national space mission, do either of them wait for months to go
through litigation with their domestic versions of Earthjustice
or the Center for Biological Diversity?
Mr. Coleman. I am not certain or aware of what Russia and
China does in those scenarios, Senator.
Mr. Hill. To my knowledge, they do not do those things,
sir. I think that is part of the value of our system, though,
is the openness that we have.
Senator Cruz. So, with all due respect, it is not the value
of our system to have asinine delays that accomplish nothing,
and that put us at a disadvantage compared to our competitors.
And we are in a race for space. Now, understand, I am not
advocating for a wholesale repeal of our environmental laws or
NEPA. I am just arguing for them not to be applied in a dumbass
way that slows down commercial space.
And under the current status quo, with agencies giving the
opportunity for third party lawsuits to derail commercial space
development, that is slowing down our effectiveness.
Do you think that makes sense? Is the current system
broken, or should the United States treat commercial space
sector as advancing our national interests?
Mr. Coleman. Thanks for the question, Senator. I certainly
believe that the U.S. commercial space sector does, in fact,
advance our national interests in many ways.
We understand the benefits that commercial space plays to
our national security as well as our civil space exploration
interests.
And so, we work very closely with our partners, NASA and
the Defense Department, to ensure that we have timely,
accurate, precise licensing reviews for these very critical
programs, and we will continue to do that moving forward.
Mr. Hill. Senator, we are enabling commercial launch in
this country and commercial space in this country from our
perspective in the Defense Department, because it benefits us
in the Defense Department.
We leverage that, as I--in opening statement. And I think
commercial firms are finding this to be the attractive place to
invest, even though we do have this regulatory processes of
ours.
And so, I think we should continue to ensure this remains
the environment where companies want to put their money to
work.
Senator Cruz. Well, I think you are right that we need to
work to ensure that, and that means that there should be a
mandate for streamlining the process, so it actually is
sensible rather than being counterproductive. Deputy
Administrator Melroy, let me turn to you.
Thank you for your many years of service both to the Air
Force and now NASA. In our last hearing, former NASA Associate
Administrator for Human Exploration and Operations, Bill
Gerstenmaier noted how the slow licensing process is causing
scheduling delays for Starship and consequently the Artemis
Lunar Landing Mission.
HLSHE said, these delays ``simply would not be acceptable''
if he were at NASA. Do you think the regulatory delays that
impede programs of national interest like Artemis are
acceptable?
And put another way, does the current regulatory framework
for commercial space move fast enough or provide enough
flexibility to allow a company to iterate a vehicle for a
mission of national interest?
Ms. Melroy. Thank you, Senator. And may I just say thank
you for your support of all of our Texas activities that we do
and your support of NASA. It has been incredible through the
years, and we appreciate it.
Of course, we are vitally interested in the success of our
commercial partners, as I brought up. In preparation, I
actually contacted the program manager and asked, do you think
our partners are slowing us down? And was told no.
I think the complexity that we are seeing is there is a lot
of new stuff happening and there are some new players who are
trying to work within their statutory deadlines but are very
unfamiliar with this kind of activity.
So, there has been a learning period. I don't refer to the
FAA who understands their business very well, but some of their
environmental partners who are learning along the way. I can
assure you that NASA works very closely with those regulatory
partners and that they have signaled that they are aware of the
critical nature of the Artemis program and how important its
success is to the Nation.
Senator Cruz. Thank you.
[The prepared statement of Senator Cruz follows:]
Prepared Statement of Hon. Ted Cruz, U.S. Senator from Texas
Thank you, Chairwoman Sinema and Ranking Member Schmitt. And I'd
like to welcome each of our witnesses.
Since I was elected to the Senate, space has been one of my top
priorities. I am especially proud of the role Texas plays in the
burgeoning commercial space sector. Our state is home to the Johnson
Space Center, which has done remarkable work on the International Space
Station and NASA's astronaut training facility. Texas is also home to a
myriad of commercial space companies and firms conducting activities
critical to the advancement of the Nation's space program.
American leadership in the final frontier is inextricably linked to
the health of our commercial space sector, both in terms of the
capabilities available for government needs and the economic value
these companies provide in their purely commercial operation. As
industry continues to innovate, they will increasingly push the
boundaries on novel space activities. It is vital that these inventors
have regulatory clarity and certainty else creativity and productivity
will suffer.
In October, we heard from industry leaders working on space
missions who made exactly this point.
Far too often we see exciting, novel technologies delayed due to
regulations that have not kept pace with innovation. This has happened
most glaringly with space launches. If the current trend continues,
China will soon far outpace U.S. commercial space launches. The U.S.
needs to take a hard look in the mirror and decide if we are more
focused on maintaining our decades of leadership in the final frontier,
or whether we are willing to let that slip away to communist China.
Now I want to briefly address the elephant in the room--or rather,
not in the room. Just a few weeks ago, the National Space Council
released their proposal on the future of regulation of novel space
activities. While I appreciate their attention to this important issue,
it is notable they would then decline to appear before this committee
to answer questions about their proposal. While the administration has
correctly said that the National Space Council has historically never
testified before Congress, it is also true that the National Space
Council has never before released a comprehensive legislative proposal
on such an important and far reaching topic within this Committee's
jurisdiction.
In fact, there may be some good things in the National Space
Council's proposal, but unfortunately no one will ever know since the
Executive Branch entity that has requested these changes in law is
unwilling to discuss them in front of lawmakers whose support will be
necessary for such changes to become law.
As a general matter, unless the desire is for Congress to
completely disregard a legislative proposal, when an executive
department, agency, or other entity asks for changes to the law, it is
in their best interest to appear before the relevant committees when
invited to answer questions about their proposal. This is especially
true when that proposal has been met with a less than enthusiastic
reception from the overwhelming majority of stakeholders.
That said, I do appreciate the bind the National Space Council has
found itself in with regards to testifying, and look forward to working
expeditiously with my colleagues to remedy the situation. If we need to
formalize in statute the roles and responsibilities of the National
Space Council and create a Senate-confirmed leader, then we should
certainly do that.
I am thankful for the witnesses that are here, and I look forward
to hearing from each of them and continuing to work with my colleagues
as we craft a bipartisan commercial space bill.
Thank you.
Senator Hickenlooper. Chair Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
The Chair. Thank you so much. Thank you for holding this
important hearing. I thank you and Senator Schmitt for
stewarding this panel and for the panelists being here today. I
really want to focus on technology in general and technology
risks.
And I know you guys represent different viewpoints,
particularly from the agency side, but I would hope that you
might be able to quickly just, and then for the record if
necessary, give us a more detailed answer.
What do you think are the technology risks with space
commercialization? This committee played a very big role in a
new certification program for the FAA, trying to correct what
we thought were some shortages, both in workforce and in
redundancy issues. But how do you see the commercial space
challenge and what do you think are the technological
challenges that we really need to focus on from a safety
perspective?
We in the Northwest are very proud of the $4.6 billion
space industry that is to our economy and 13,000 jobs, but we
want to get the next phase right, too. And so, how would you
characterize those technological challenges from a safety
perspective? And anyone who wants to--if you want to start,
Mister----
Mr. DalBello. I would be happy to start. I think, again, we
are seeing a use of space at a pace that is surprising, even to
those of us who are veterans.
And as we see the fleets of commercial satellites in
particular move into the single and then double digit
thousands, again, what our focus at the Department of Commerce
is on the space situational awareness and putting in place a
next generation way to track space objects. Again, one of the
issues that we have is it is not just the United States.
The Chinese have announced a mega-constellation they want
to launch. I suspect we will see similar activities in Europe.
So, we could see the number of satellites being launched in the
tens of thousands.
So, the technical challenges, the systems we have today
aren't sufficient to do the level of exquisite SSA that we
need. We need to be consistently excellent at something today
that we are only good at, and so----
The Chair. You are not just talking about the debris side
of the equation, you are talking about the communication
interference, I would guess, and other----
Mr. DalBello. No, I am talking about the actual physical
objects in space. When you get tens of thousands of objects in
low-Earth orbit together with human spaceflight, it is a
potentially volatile situation.
The Chair. So, you would say number one issue, LEOs?
Mr. DalBello. From my perspective, that is the number one
issue.
The Chair. OK. Mr. Coleman.
Mr. Coleman. Senator Cantwell, thanks for the question. I
think as we see more commercial space launch activities take
place, particularly in the national airspace system, we are
significantly challenged to accommodate the number of launches
alongside the commercial aviation activities that we are
seeing.
We have been addressing that through procedural changes,
policy changes, and also we are trying to address it through
technological changes as well. We are looking to implement and
stand up new tools like space data integrator that will help us
better understand where the vehicle's health is, where it is in
the system, et cetera.
But we need to advance those efforts to better manage the
proliferation of space activities that we are now seeing in the
national airspace system, sure.
The Chair. Mr. Hill, did you want to jump in there?
Mr. Hill. Certainly. If I could pick up on what Mr.
DalBello was discussing. As the volume of space vehicles grows
exponentially in space, the challenge is incorporating into the
space surveillance networks, Government, commercial, and
others, and the data fusion that you need to do to keep track
of where all of this is.
This is why one of the reasons why we are saying, this is
not a traditional Defense Department mission. That is more
classic civil agency type of mission. Our focus is on
particular satellites that might be of a threatening nature.
The challenge we really have here with commercial is simply
orbital dynamics. And certainly, technology will allow a more
autonomous control, more carrying capacity in low-Earth orbit.
But staying pace with that will be one of the big challenges
from a safety perspective.
The Chair. So, you would say autonomous capacity, maybe
number one, or no?
Mr. Hill. I think we probably don't know what the ultimate
capacity is as a technology to actually manage it grows, but
keeping pace with that and understanding----
The Chair. I am pretty sure our delivery system of all that
equipment and freight to the moon is going to be autonomous,
isn't it? Isn't it, Ms. Melroy?
Ms. Melroy. That is correct, Chair. There will be humans on
the loop, but many of the activities have a time delay as well.
The Chair. Yes. Well, did you have something you wanted to
put in--?
Ms. Melroy. Yes, I did. In the remaining, it is very
difficult to narrow it down. I agree with my colleague about
space domain awareness, not just for collision avoidance, but
also for accountability, for things like rendezvous and
proximity operations and the safety, and the accountability for
those actions.
We believe that understanding the explosive potential of
new propellants is important, such as the current methane
systems. We are working closely with industry and with the FAA
to define that for the safety of our operations as well as
commercial.
I will add technology that enables spectrum sharing, and I
am sure the Department of Defense could talk more about that
because they have a lot of programs in that area. In addition
to that, we believe that it is vital to do continued research
on nuclear power and propulsion to enable deep space
capabilities, but we want to do it safely.
The Chair. Thank you so much. What I would like to do is
just have you expand for the record what you think the top
three issues are. You have kind of achieved that, Ms. Melroy.
But for the record, if you could do that.
If you want to add five or six other things, great. It is
more--I think, part of our challenge going forward on how to
look at this is really understanding what are the technological
challenges and workforce challenges in the context of even what
is proper oversight. But until you really understand what the
technology challenges are, you really can't decide whether you
have the kind of technology support and oversight that you
need.
And as people discuss, is Commerce a place to be, is FAA a
place to be, and how do we coordinate between various agencies?
And obviously, Mr. Hill, the spectrum issue in and of itself is
pretty big.
And Ms. Melroy issued--talked about it. So, it is really a
question of how do all of these things come together. And you
all basically, Ms. Melroy may not have said the word pace, but
everybody is talking about the rapid deployment here of next
generation technology, and how do you--how does the Government
even stay pace with that and what does it take for us to have
the right people, the right dialogs, the right information.
So anyway, I will look forward to your written answers to
those questions, too. And thank you. Thank you so much for the
hearing.
Senator Hickenlooper. And thank all of you. We appreciate
your taking the time. We know that you are in busy jobs.
Somebody was saying the other day, Senator King was talking
about when you get up to certain levels, you get to the highest
level where people still know exactly what they are doing.
I think you are all at that level. The hearing record is
going to remain open for four weeks until January 10, 2024. Any
Senators that would like to submit questions for the record,
should do so two weeks from now at the latest, by December 27.
We ask the responses be returned to the Committee by
January 10, wherever possible. Thank you, and again, that
concludes today's hearing. We stand adjourned.
[Whereupon, at 3:43 p.m., the hearing was adjourned.]
A P P E N D I X
Lesath International Inc.
Buffalo, NY, December 11, 2023
RE: Testimony for Senate Subcommittee on Space and Science
on Regulation of Non-governmental Space Activities
To the Honorable Chair, Ranking Member and Members of the Subcommittee:
In regards to your December 13, 2023 hearing regarding the
regulation of non-governmental space activities, please accept this
letter as written testimony to be entered into the record. Lesath
International, Inc. is a for-profit company duly incorporated in the
State of New York, which is developing a non-governmental, sustainable
launch capability utilizing an engine fueled by methane.
Non-governmental space activities embody a paradigm that is
changing not only how outer space activities are performed but also
presents an opportunity for human kind to expand their presence
throughout the solar system. Non-governmental space activities offer
the opportunity for scientific advancement and also the prospect of
developing extraterrestrial resources and solving clear and present
problems such as climate change. Non-governmental space activities also
provide a substantial national security advantage to the United States.
Naturally, non-governmental space activities cannot operate without
sanction of the state under whose jurisdiction they are under. To this
end, the framers of the Outer Space Treaty recognized the possibility
governments would not be the sole benefactors of outer space
activities, and that non-governmentals would have a role to play.
Consequently, the Outer Space Treaty granted states the right to allow
non-governmentals the opportunity to perform outer space activities
subject to their ``authorization and continuing supervision'' of those
activities.
Pursuant to that right, the Congress of the United States enacted
the Commercial Space Launch Act of 1984 (Public Law 98-575), which has
been amended with successive legislation with the last significant
amendment being the Space Launch Competitiveness Act of 2015 (Public
Law 114-90). The effect of this legislation is to execute the provision
of the Outer Space Treaty permitting non-governmental activities and
create a private interest for non-governmentals to perform outer space
activities subject to the regulatory authority of agencies designated
to license them.
Since the inception of the licensing scheme authorized by Public
Law 98-575 and Public 114-90, non-governmental space activities have
expanded and outgrown the current system. Moreover, other states are
adopting their own domestic space laws that support non-governmental
activities contemporaneously with regulations and licensing schemes.
These threaten to overshadow the licensing and regulatory scheme
offered by the United States, which could draw non-governmentals to
foreign jurisdictions. Addressing this, the National Space Council held
a series of listening sessions at the end of 2022 to specifically
address the shortcomings of the current licensing and regulatory
scheme. The consensus from industry input to that effort is that a
``mission authorization'' scheme should be implemented to supplant the
current process.
The Commercial Space Act of 2023 (H.R. 6131) was introduced on
November 2, 2023, which offered its ideal of mission authorization with
the Department of Commerce as the sole certification agency for non-
governmental space activities and light-touch continuing supervision.
Concurrent with the markup of H.R. 6131, the National Space Council and
the White House unveiled its vision of ``mission authorization'' where
authority to license non-governmental space activities is bifurcated
between the FAA and the Department of Commerce and given blanket
authority to regulate the non-governmental space sector.
It is the issue of regulation and the competing views of ``mission
authorization'' and regulation this Sub-Committee considers at this
time. As a new entrant in the non-governmental space sector, Lesath
International is cognizant of the responsibility of the United States
to ``authorize and continually supervise'' non-governmental actors
under its jurisdiction, and that there are national security,
diplomatic and domestic considerations the United States must take into
consideration when it authorizes non-governmental space activities.
However, while this honored Sub-Committee considers the issue of
regulation of the non-governmental space sector, it is judicious to
bear in mind the implications of non-governmental space activities on
national security and the geopolitical and geolegal arena are not all
negatives and indeed present significant positives that outweigh the
negatives. For example, non-governmentals providing or who seek to
provide launch services not only deliver a finished product but
innovative technology and methodologies that benefits the United States
in terms of its economic prestige and national wealth. Moreover, the
innovation of non-governmental space delivers sustainable technical
solutions in time-frames and costs that might otherwise take longer
periods and cost to deliver if at all.
In summation, as this Sub-Committee considers the issue of
regulation from the perspective of the witnesses it has called to
testify, it would be prudent to consider that a risk-averse approach to
non-governmental space that applies a demanding regulatory environment
could stifle the economic, technological and national security benefits
that non-governmental space activities tender to the United States.
Moreover, Lesath asks this Sub-Committee to take into account the
United States is not the only player in non-governmental space and
those who seek a less burdensome regulatory environment to operate
within might seek out those jurisdictions who offer a light-touch
regulatory approach. In turn, it will be those jurisdictions who
benefit from non-governmental space to the detriment of the United
States.
Thank you for your consideration of this testimony.
Thomas A. Pawlak III,
Founder & CEO,
Lesath International Inc.
______
Space Law & Policy Solutions
Rochester, NH
BRIEFING AND COMMENTARY FOR SENATE SUBCOMMITTEE ON SPACE
AND SCIENCE HEARING: GOVERNMENT PROMOTION OF SAFETY AND
INNOVATION IN THE NEW SPACE ECONOMY
Honored, Chair, Ranking Member and Members of the Subcommittee:
This Briefing and Commentary is submitted in a non-representative
capacity by Space Law & Policy Solutions, which is a non-governmental,
for-profit legal and consultation firm and think-tank, through its
Principal, Michael J. Listner, an attorney licensed in the State of New
Hampshire. The purpose of this Briefing and Commentary is to apprise
this Sub-Committee of the legal and regulatory foundations of non-
governmental space activities so it may understand these fundamentals
as it hears from the witnesses called and provide commentary prior to
the testimony of witnesses.
Legal and Current Regulatory Foundation of Non-Governmental Space
Activities
The capacity of non-governmentals to perform outer space activities
derives from Article VI of the Outer Space Treaty. The language of
Article VI is as follows:
``States Parties to the Treaty shall bear international
responsibility for national activities in outer space,
including the Moon and other celestial bodies, whether such
activities are carried on by governmental agencies or by non-
governmental entities, and for assuring that national
activities are carried out in conformity with the provisions
set forth in the present Treaty. The activities of non-
governmental entities in outer space, including the Moon and
other celestial bodies, shall require authorization and
continuing supervision by the appropriate State Party to the
Treaty. When activities are carried on in outer space,
including the Moon and other celestial bodies, by an
international organization, responsibility for compliance with
this Treaty shall be borne both by the international
organization and by the States Parties to the Treaty
participating in such organization.'' \1\
---------------------------------------------------------------------------
\1\ Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, Including the Moon and Other
Celestial Bodies, October 10, 1967, art. vi, 18 UST 2410.
The pertinent language for non-governmental space activities in
---------------------------------------------------------------------------
Article VI is isolated from Article VI:
``The activities of non-governmental entities in outer space,
including the Moon and other celestial bodies, shall require
authorization and continuing supervision by the appropriate
State Party to the Treaty.''
Article VI is a provision of the Outer Space Treaty, which was
ratified by the U.S. and has standing of Federal law, which means the
licensing of non-governmental space activities is a power delegated to
the Federal government.\2\ Article VI is the single non-self-executing
provision of the Outer Space Treaty, which means it cannot operate
without the aid of a legislative provision.\3\ In the case of Article
VI, the ``act'' that must be legislated is ``authorization and
continuing supervision'' of non-governmentals. Accordingly, Congress
was required to enact legislation to vest this provision of the Outer
Space Treaty.
---------------------------------------------------------------------------
\2\ U.S. Const., art. VI, para. 2 ``This Constitution, and the laws
of the United States which shall be made in pursuance thereof; and all
treaties made, or which shall be made, under the authority of the
United States, shall be the supreme law of the land; and the judges in
every state shall be bound thereby, anything in the Constitution or
laws of any State to the contrary notwithstanding.''
\3\ ``Our Constitution declares a treaty to be the law of the land.
It is consequently to be regarded in courts of justice as equivalent to
an act of the Legislature whenever it operates of itself, without the
aid of any legislative provision. But when the terms of the stipulation
import a contract, when either of the parties engages to perform a
particular act, the treaty addresses itself to the political, not the
Judicial, Department, and the Legislature must execute the contract
before it can become a rule for the Court.(emphasis added)'' Foster v.
Neilson, 27 U.S. 253, 314 (1829).
---------------------------------------------------------------------------
The initial legislation is found in the Commercial Space Launch Act
of 1984 (Public Law 98-575) and has been amended with successive
legislation with the last significant amendment being the Space Launch
Competitiveness Act of 2015 (Public Law 114-90). This enabling
legislation is codified in Title 51, Chapter 509 and Chapter 513 of the
United States Code.\4\ It is significant for this Sub-Committee to
understand his enabling legislation does not create a right in outer
space activities for non-governmentals but rather a private interest
subject to the regulatory authority of the Article VI agency or
agencies.
---------------------------------------------------------------------------
\4\ Title 51, Chapter 513 of the U.S. Code creates a right in space
resources and implicitly authorizes activities by non-governmentals to
harvest space resources.
---------------------------------------------------------------------------
The current legislative sanction grants the Federal Aviation
Administration Article VI authority to license both launches and
reentries and regulate the industry to the extent permitted by
Congress.\5\ A regulatory moratorium or ``learning period'' limits the
authority of the FAA to regulate non-governmental space activities;
this is set to expire in January 1, 2024.\6\ It is notable that while
it is often recited the FAA does not have regulatory authority over the
non-governmental space activities, especially those carrying crew and
spaceflight participants, such is not the case as the FAA has authority
to regulate human spaceflight via Tile 51, Chapter 509 of the U.S. Code
and Title 14, Part 460 of the Code of Code of Federal Regulations.\7\
---------------------------------------------------------------------------
\5\ Both the Federal Communications Commission and the National
Oceanographic and Atmospheric Administration assert concurrent Article
VI authority through their respective enabling legislation for
regulation of spectrum and remote sensing. The FCC implies its Article
VI authority from the Communications Act of 1934 as amended. The
Communications Act does not specifically grant the FCC this authority
rather the FCC implies that authority through its interpretation of 47
U.S.C. Sec. 303--Powers and duties of Commission. The FCC claims
primary Article VI authority for non-governmental space activities
whose primary activity involves spectrum. The FCC is an ancillary
Article VI agency where non-governmental space activities will utilize
spectrum but not as a primary activity. NOAA has ancillary Article VI
authority through the National Commercial Space Programs Act (51 U.S.C.
Sec. 60101 et seq.) for any non-governmental space activities that will
take images of the Earth.
\6\ The original ``learning period'' was set to expire October 1,
2023. See 51 U.S.C. 50905(c)(9). However, Section 2202 of H.R. 5860
extended the ``learning period to January 1, 2024. Notably, H.R. 5617
and H.R. 6131 would extend the learning period to October 1, 2031.
\7\ See 51 U.S.C. Sec. Sec. 50901-50923 and 14 CFR Sec. Sec. 460.1-
460.53.
---------------------------------------------------------------------------
Nonetheless, the FAA's ability to authorize non-governmental space
activities is limited to so-called traditional space activities,
including sub-orbital and orbital space tourism. The FAA does not have
specific authority from Congress to license so-called non-traditional
space activities outside of those approved by Congress nor does it have
the authority to ``continually supervise'' space activities between
launch and reentry.\8\
---------------------------------------------------------------------------
\8\ This authority is called ``on-orbit'' authority and would
qualify as ``continuing supervision'' under Article VI. Notably, the
FCC asserts it not only has Article VI authority to ``authorize'' non-
governmental space activities dealing primarily with spectrum via the
Communications Act of 1934 as amended, but also claims ``on-orbit''
authority as well.
---------------------------------------------------------------------------
The existing licensing and authorization standard was reviewed and
streamlined per Space Policy Directive-2, which was issued on May 24,
2018. However, this review and restructuring left the authorization and
licensing scheme largely intact and did not address Sec. the root
problems of the FAA's licensing process, which is the paradigm itself.
The fundamental problem with the current regulatory scheme is
three-fold:
1) The FAA does not have sanction from Congress to authorize ``non-
traditional'' commercial space activities;
2) The current authorization and licensing scheme's focuses on
payload in making a determination; and
3) The inequities of the current licensing process benefits larger
non-governmentals with more resources.
This Briefing will discuss each of these in turn.
Lack of Congressional Action/Authority
Congress has been capricious in sanctioning non-traditional, non-
governmental space activities with the last apparent endorsement being
the right for non-governmentals to acquire space resources in the 114th
Congress with the Commercial Space Launch and Competitiveness Act of
2015, which is codified in Title 51, Chapter 513 of the U.S. Code.
Beyond this, Congress has not conferred the FAA or any other agency
further authority for additional activities. Notably, the FAA has
approved some non-traditional activities, including a rendezvous and
proximity operations (RPO), but it did so with implied authority rather
than specific authority. However, this jury-rigged approach is not
conducive to facilitate continued innovation in non-governmental space
activities nor regulating existing sanctioned activities. Congressional
involvement and authorization is required to stimulate non-governmental
space activities and investment and preserve the leadership of the U.S.
in innovative technologies.
Payload Review
The licensing process employed by the FAA centers around the
paradigm of payload review found in 14 CFR Sec. 415.51, et seq.\9\
Payload review can be described as focusing authorization on the intent
of the payload for a space activity instead of purposely focusing
authorization on the mission or activities of the proposed space
activity. This means the current licensing process is less concerned
about the activity itself than it is about the payload, which in
essence makes the nature of the activity, i.e., the who, what when,
where and why ancillary to the payload itself. The standard of
authorization utilizing payload review would not be well-matched with
non-traditional space activities.\10\
---------------------------------------------------------------------------
\9\ The licensing process also includes a policy review per 14 CFR
Sec. 415.21 et seq. and 14 CFR Sec. 415.31 et seq.]
\10\ When the FCC acts as the primary Article VI agency and issues
a license under that authority, the non-governmental must still obtain
a launch license from the FAA; however, the non-governmental will not
be required to go through payload review.
---------------------------------------------------------------------------
Benefits Non-Governmentals With More Resources
The present licensing scheme was evaluated and modified per SPD-2;
however, it remains substantially the same and continues to be complex,
burdensome and expensive such that it requires significant resources in
terms of legal and regulatory experts. The streamlining per SPD-2
improved the process but leaves the structure in place, which means
non-governmentals that possess greater resources will be more amenable
to the current process. Conversely, new entrants and non-governmentals
with fewer means and experience will be at a disadvantage and will be
required to expend significant resources on regulatory and legal
assistance that might otherwise be directed towards engineering and
technology development.
Mission Authorization
While the playing field will never truly be leveled in terms of the
resources available to non-governmentals, a more manageable
authorization/licensing scheme would improve the prospects of those
non-governmentals who are new to the industry or do not have dedicated
legal and regulatory resources to address a complex authorization/
licensing process. To that end, it would be prudent to replace the
current structure with a new archetype called mission authorization.
Mission authorization would centralize the authorization process to
an authorized Federal agency to shift the scrutiny of the licensing
process from payload to the type of space activity to be performed. In
other words, instead of focusing on the nature of the payload, mission
authorization would look at the mission, including the activities and
payloads, as a whole.
H.R. 6131 was introduced into the House of Representatives on
November 5, 2023. The central purpose of H.R. 6131 is to create a
mission authorization scheme for non-governmental space activities
where the Department of Commerce is the certifying authority. H.R. 6131
grants the Department of Commerce authority to not only authorize non-
governmental space activities but also to provide ``continuing
supervision'' of those activities.\11\ H.R. 6131 directs this authority
in a manner that will be considered ``light touch'' supervision for
non-governmentals.
---------------------------------------------------------------------------
\11\ See Outer Space Treaty, art.vi.
---------------------------------------------------------------------------
Alternatively, the Biden Administration released its ideal for
``mission authorization'' on November 15, 2023. The draft
``Authorization and Supervision of Novel Private Sector Space
Activities Act'' proposes to bifurcate the ``authorization and
continuing supervision'' of non-governmental space activities between
the FAA and the Department of Commerce. Under the draft proposal, the
FAA would authorize non-governmental space activities involving human
occupants. Conversely, the Department of Commerce would have authority
over non-governmental space activities that do not involve human
occupants, including remote sensing, rendezvous and proximity
operations (RPO) and other novel space activities.
One of the challenges with the duality of authorization is overlap.
For example, space resource extraction and harvesting, which is an
authorized activity under Title 51, Chapter 513, could overlap or
potentially shift between the FAA and the Department of Commerce
depending on whether a human occupant is involved in a space resource
activity during the entirety or different phases of the activity.
Regardless of the split in authority, the draft proposal would grant
both Article VI agencies authority to ``continually supervise'' the
non-governmental activities, and both agencies would be granted blanket
authorization to regulate the non-governmental space activities under
their purview as they see fit.\12\
---------------------------------------------------------------------------
\12\ Notably, the National Space Council User Advisory group
vocally opposed the draft mission authorization proposal when it met on
December 1, 2023.
---------------------------------------------------------------------------
Closing Thoughts and Recommendations
As this Sub-Committee considers the testimony of the witnesses
expressing the view of the government, it is judicious to consider a
robust, efficient and up-to-date authorization scheme for non-
governmental space activities is essential to:
1. Encourage innovation in technology and promote STEM in the U.S.
2. Encourage non-governmentals in the U.S. and abroad to perform
their activities under the Article VI authority and supervision
and Article VIII jurisdiction of the U.S.\13\
---------------------------------------------------------------------------
\13\ See Outer Space Treaty, art. vi and viii.
3. Maintain a competitive edge over other State Parties to the Outer
Space Treaty who are developing their own non-governmental
---------------------------------------------------------------------------
space laws, regulations and economy.
4. Maintain U.S. leadership in non-governmental space activities and
with the resultant benefits to national security and the
economy in general.
5. Ensure the sustainability of outer space and other celestial
bodies.
6. Maintain U.S. leadership on the world stage not just in terms of
geopolitical optics and prestige but also to shape the body of
international space law moving forward.
Moreover, the national security value of non-governmental space
activities is not lost on geopolitical adversaries, including the
People's Republic of China and the Russian Federation. Both these
States understand the value of non-governmental space activities with
both employing hybrid warfare tactics, including activities within the
forum of the United Nations, to discredit U.S. non-governmental space
activities and actors.\14\
---------------------------------------------------------------------------
\14\ A key example is a lawfare action taken by the PRC in the
United Nations on December 6, 2021. The PRC initiated a lawfare
operation using Article V of the Outer Space Treaty to file a complaint
directly with the Secretary General of the UN complaining of alleged
near-conjunctions of the PRC's space station with satellites from the
Starlink NGSO. The intent of this operation was four-fold: 1) Engineer
Article V into an implement of lawfare; 2) Discredit and sequester the
utility of Starlink and non-governmental space activities. 3) Discredit
the standing and authority of the U.S. to create standards of behavior
and norms for outer space activities; and 4) Test the U.S. response to
the use of lawfare and Three Warfares tactics directed to the outer
space domain.
---------------------------------------------------------------------------
Lastly, as safety of non-governmental space activities is an issue
this Sub-Committee will discuss with witnesses during the hearing, the
Chair, Ranking Member and Members might take into account that outer
space activities are never going to be truly ``safe'' as they are
inborn with risk. The question is whether Congress believes a
stringent, risk-averse and prescriptive regulatory approach is
necessary for non-governmental space activities even if it stifles
innovation and national security or whether a soft-touch regulatory
environment that evolves through top-down regulations or bottom-up
through self-regulation by the industry itself will manifest as
experience in the outer space environment accumulates.
Shifting the current paradigm for authorizing and licensing non-
governmental space activities from its present state to mission
authorization presents many challenges. However, if the U.S. is to
maintain its role as the leader and influencer in outer space law and
policy, it must consider how it can evolve the current archetype to not
only meet the needs of non-governmentals but also level the playing
field in the industry and elicit more demand and provide the capacity
to meet it.
This concludes this Briefing. This Commenter will accommodate
questions of this Sub-Committee upon request.
Respectfully submitted on this 12th day of December, 2023,
/s/ Michael J. Listner
Michael J. Listner
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Hon. Pam Melroy
Federal Government Challenges in Oversight of Commercial Space
Activities
The Pacific Northwest is a prime hub for commercial space activity,
with a $4.6 billion space industry that has created over 13,000 jobs. A
major challenge with space commercialization is understanding what the
technological and workforce challenges are. Without this knowledge, it
is difficult to determine the kind of support and oversight that is
needed. Defining roles and responsibilities, increasing coordination,
and improving knowledge sharing for agencies will allow the government
to keep pace with rapid innovation.
This Committee played a very big role in a new aircraft
certification program for the FAA to address workforce shortages and
improve aviation safety through proactive approaches to managing risk.
The same should be done to reduce technological risk for the commercial
space industry. Technological challenges and other risk factors must be
characterized and addressed from a safety perspective to ensure
advancement of commercial human spaceflight.
Question 1. What are the top three technological, operational,
policy, or workforce challenges that your agency faces in your role
supporting and overseeing the safety of commercial space activities?
Answer. NASA has increasingly served as a customer of commercial
space companies in order to meet the agency's own goals. As NASA
continues to acquire these commercial services, the success of NASA
becomes inextricably linked to the success of the industry. Clear
guidelines and requirements to safeguard commercial activities are
therefore critical to NASA's mission. The following areas require
special attention to enable future NASA missions:
Funding--Our vision for NASA is that the agency takes on the
hardest challenges that no one else can do. At the same time,
where industry is ready, we are increasingly handing over some
missions to the commercial space industry and becoming a
customer of commercial services. However, maintaining this
balance and preparing for new ways of conducting missions
requires adequate resources. For example, when the
International Space Station (ISS) retires, NASA plans to
continue research in low-Earth orbit on new commercial space
stations, which we started investing in several years ago. In
order to ensure a seamless transition, NASA needs adequate
funding to continue ISS operations through the end of the
decade, fund commercial space stations, and build a deorbit
capability for ISS.
Space Situational Awareness/Space Traffic Coordination/
Orbital Debris and Congestion--To ensure that space is
sustainable for use by future generations, as well as safe for
the U.S. government's own missions and assets, we must
understand what is currently in LEO and establish common
responsible behaviors. To solve these challenges, NASA is
applying our technical expertise to develop new technologies
and working with partners across the Federal Government on
policies to promote safe and efficient deorbit of satellites,
as well as traffic coordination.
Spectrum Access and Non-interference--Assured spectrum
access is an element of space sustainability and requires
careful management. While the primary focus has been on
spectrum allocation for terrestrial purposes, increased
attention on how spectrum is allocated for lunar purposes is
critical given the increased number of missions to the lunar
surface over the next several years. Another element of this is
minimizing the radio interference between missions operating in
proximity to each other.
New Propellant Technologies--Methane systems are emerging as
the fuel of choice for many rockets coming online in the near
future. NASA has been working closely with industry partners
and the FAA to define safety for the use of methane fuel.
Additionally, NASA is interested in the development and use of
nuclear power and propulsion to enable deep space capabilities.
Proposed National Space Council Regulatory Framework
This summer, I was joined by Administrator Nelson for our Space
Summit in Washington State featuring many local space companies with
plans for innovative commercial space missions.
Gravitics, in Marysville WA, is designing and manufacturing large
space structures for orbital human platforms and uncrewed on-orbit
manufacturing. Starfish Space, in Kent, WA is developing an orbital
space vehicle to provide orbit transfer and satellite maintenance
services. The vehicles' on-board software and control system uses a
combination of orbital mechanics and low-thrust electric propulsion,
enabling satellite companies to relocate, deorbit and extend the life
of satellites.
Question 1. Given NASA's experience and expertise in keeping
astronauts safe in Earth's orbit, what role will NASA have in the
decision-making process regarding commercial orbiting platforms used as
human occupied space stations?
Answer. NASA is taking a two-phase approach to ensure a seamless
transition from the International Space Station (ISS) to commercial
systems, with a goal of NASA being one of many customers of those
commercial systems. In the first phase, which is happening now and
slated to run through 2025, NASA will work with commercial partners to
design Commercial LEO Destinations (CLDs) that will be suitable for
both government and private sector needs. For the second phase, NASA
anticipates that another Federal agency will have regulatory authority
over CLD safety, with NASA reviewing all aspects relevant to the safety
of government astronauts. Throughout the entire process, NASA will work
closely with CLD partners to ensure that their systems meet NASA's
requirements.
Coordination on Regulatory Decision-making within the Executive Branch
Interagency
Varda Space Industries, a U.S. company that launched its first
payload into orbit in June 2023, is successfully demonstrating
manufacturing pharmaceuticals in space, but is experiencing delays in
receiving its reentry license from the FAA. This delay has led to a
decision by Varda to enter a partnership with Southern Launch to use
their spaceport range near Adelaide, Australia, rather than use the
U.S. Air Force's Utah Test and Training Range. While Australia is
obviously a strong U.S. partner, this seems like an example of a U.S.
space company choosing to pursue opportunities in other counties that
offer simpler and more flexible regulations.
Question 1. In implementing the National Space Council's proposed
regulatory framework for novel space activities such as on-orbit
processing and manufacturing, what is the best way to maintain U.S.
competitiveness through a streamlined but safe regulatory framework?
Answer. The best way to maintain U.S. competitiveness in space is
to quickly establish a clear, predictable, and flexible process for
licensing novel commercial space activities. This will signal to the
global community the U.S.'s commitment to the safe and peaceful use of
outer space and establish the U.S. as the country of choice for
licensing of commercial space activities. As China is also developing a
set of national space laws to include in-space mission authorization,
there is a clear advantage for the U.S. to be among the first out of
the gate in establishing a regulatory regime that can be adopted
globally. That is why NASA is pleased the National Space Council put
forth a proposal that logically extends existing authorities within the
Departments of Commerce and Transportation, rather than building an
entirely new process from the ground up. By extending existing
authorities, this will allow the U.S. government to better and more
quickly enable the authorization and supervision of commercial
activities.
International Considerations for Novel Space Activities
Setting norms of behavior and safety standards for operating in
space through international engagement is critical to the continued
access and use of space for scientific advancement and economic
prosperity. 32 countries in addition to the United States have now
signed the Artemis Accords, a set of common principles, guidelines, and
best practices focused on safe and sustainable space exploration.
Regarding the Artemis program itself, the United States and its
partner nations intend to pursue future space cooperation in
partnership with commercial industry. Within Washington, more than 40
companies are working to supply Artemis. 15 companies supply the Space
Launch System rocket, 14 deliver goods and services used for the Orion
crew capsule, and Blue Origin will supply NASA with a second lunar
lander, creating competition, and redundancy. Other NASA initiatives
such as the Commercial Lunar Payload Services or CLPS program have
created the potential for private sector activities on the lunar
surface operating on a purely commercial basis.
Question 1. Given the importance of government partnerships with
the commercial space industry and the potential for commercial
activities on the lunar surface and beyond that may be operating both
in cooperation and in competition with commercial entities from other
nations, can you explain how the Artemis Accords apply to commercial
activities or can be used to ensure responsible behavior from all space
actors, including private ones?
Answer. The Artemis Accords only apply to the civil space
activities of signatory governments, including work that governments
contract with the private sector, but they do not apply to purely
commercial activities. However, the hope is that the Artemis Accords
can inspire broader discussions on best practices for the safe,
sustainable, and transparent use of space that would apply to all space
actors.
______
Response to Written Questions Submitted by Hon. Ted Cruz to
Hon. Pam Melroy
Question 1. While the National Aeronautics and Space Administration
(NASA) is not a regulatory agency, what role should NASA play in
licensing on-orbit activities, vehicle certification, and so forth?
Answer. As NASA acquires more and more commercial services to meet
agency goals, the success of NASA's mission relies heavily on the
success of the commercial industry. NASA has a significant interest in
establishing a clear consistent regulatory regime; and establishing
that regime quickly to maintain U.S. global leadership in space. Under
the National Space Council's proposal, NASA would have an advisory and
consultation role, which will not only lend NASA's technical expertise
in spaceflight to the licensing process, but will also ensure the
safety of NASA's own space assets.
Question 2. Last year, Congress extended the International Space
Station (ISS) to 2030. NASA oversees the Commercial Low Earth Orbit
(Comm LEO) Development Program to help foster a commercial space
station to maintain the United States' presence in LEO. Do you see
commercial providers being ready to meet the 2030 goal and what are
NASA's plan in case they do not?
Answer. NASA's plan is to align the International Space Station
(ISS) transition with Commercial Lunar Destination (CLD) availability
to maintain our continuous human presence in space as we become one of
many customers in a thriving commercial marketplace in low Earth orbit.
The extension of ISS through 2030 was a critical part of the CLD
strategy and provides additional time for the CLD partners to complete
their development. Currently, NASA is working with multiple industry
partners to maximize the likelihood that one or more of them will be
ready by 2030.
Question 3. If there is a gap between the ISS and Commercial LEO
stations being operational, does NASA consider that acceptable?
Answer. There was a nine-year gap between the retirement of the
space shuttle and the first commercial crew flight to ISS. Although we
were able to maintain human presence in low Earth orbit, and the
funding freed up by the gap enabled us to develop the commercial crew
vehicles and Space Launch System, it is not a circumstance we are eager
to repeat with commercial LEO destinations. Our priority in preventing
a gap is ensuring that commercial LEO destinations are available before
2030.
Question 4. What is NASA's contingency plan if commercial companies
do not yet have space stations ready for 2030?
Answer. NASA is working diligently with the CLD providers to
facilitate their ability to meet the 2030 time-frame for their
operations. If no CLD is ready by the time ISS retires, then a gap in
continuous U.S. human presence would occur without an extension of ISS
operations. Extension of ISS in order to avoid a gap in LEO is not part
of our current plans. Any attempts to do so would be contingent on the
technical viability of station, the availability of certain station
keeping services, including reboost and attitude control, that are
primarily provided by our international partners, and the funding to
continue safe station operations until commercial platforms enter
service.
Question 5. What does the United States need to do to ensure we
remain the world's leader of spaceflight and that we are able to return
to the moon before competitors can get there for the first time?
Answer. Artemis is a long-term exploration campaign to go back to
the Moon for scientific discovery, economic benefits, and inspiration
for a new generation of explorers. While maintaining American
leadership in exploration, we will build a global alliance and explore
deep space for the benefit of all. For the United States to carry out a
successful and sustainable return to the Moon will require the agency
and its partners execute programs on budget and on schedule, with a
continued emphasis on safety and mission success. Continued
participation and support from our international and industry partners
who will be focused on performing as efficiently as possible and to the
highest standards, will be required. A resilient mission manifest is
essential for something as complex as developing the systems and
technologies for long-term exploration of the Moon and eventually Mars
in a manner that prioritizes scientific discovery and benefits for
humanity. NASA and our industry and international partners intend to
continue developing, testing, and learning and improving our knowledge
to ensure that when we fly, we'll be successful.
Question 6. Does NASA's shift to contracting multiple vendors for
space suits and lunar landers create budgetary challenges that would
not exist if only contracting with a single vendor?
Answer. NASA adopted an approach to select two vendors to ensure
that competition remains in the system and maintain dissimilar
redundancy for Artemis. With two vendors, NASA will avoid a situation
where one vendor can perceive themselves as having some sort of unique
supply capability and thus inflate prices. Not only does this mitigate
costs in the proposal phase, having two vendors in NASA's approach also
protects against schedule concerns in the development phase. With only
one vendor, should that vendor encounter technical or schedule issues,
the entire enterprise could wind up waiting for the issue to be
resolved. If the whole enterprise were to have to wait, the cost
impacts multiply significantly across multiple programs supporting the
Artemis program. NASA's approach significantly reduces this risk by
giving NASA schedule mitigation options.
Question 7. In an era where both NASA and the Space Force are
increasingly reliant on the commercial sector for services, are there
any efforts to combine contractual mechanisms for items that both the
Department of Defense and NASA use such as launch vehicles?
Answer. NASA and the Space Force coordinate and collaborate on
technical and programmatic issues related to space access, including
contracted launch service acquisition and execution. However, material
differences exist between NASA's civil scientific and exploration needs
and the Space Force's national security requirements. Despite sharing
all or part of the domestic launch service provider base, requirements
for launch services are quite diverse across the Federal Agencies that
acquire and execute them. Risk tolerance, mission assurance, and
schedule rigidity, to name a few, vary considerably depending on Agency
and individual mission needs. These differences necessitate the
separate and unique contracting mechanisms that each organization
employs to achieve their dissimilar policy directives. However, NASA is
open to evaluating whether some aspects of launch vehicle acquisition,
such as vehicle certification, might be conducted jointly with other
Departments and Agencies in order to avoid expending government and
industry time and resources on potentially duplicative efforts.
Question 8. The National Space Council's recent proposal on mission
authorization proposes a number of new responsibilities to the
Department of Transportation including ``other national interests.'' In
its current form, companies and programs that have been certified by
NASA as advancing the objectives of the national space program will not
have a licensing exception when going through the Federal Aviation
Administration. Does NASA have any concerns that this duplicative
process will result in delays for vital space missions?
Answer. The National Space Council's recent proposal on mission
authorization adds the category of ``national interests'' to the
considerations that the FAA may take into account when determining
whether to issue a license. This allows the Agency to have the ability
to protect its assets and people in space were a proposed licensed
activity to potentially jeopardize existing NASA operations. It also is
intended to permit consideration of long-term sustainability interests
of the United States Government.
Related to creating duplicative processes, as is currently in
statute concerning the FAA's existing licensing process for launch and
reentry, it excludes space activities the Government carries out for
the Government. The National Space Council's (NSpC) proposal for novel
space activities likewise is intended to carve out space activities
that NASA conducts for the Government.
Question 9. Over the next several years, NASA will send astronauts
to Lunar orbit and the lunar surface for the first time in 50 years on
a variety of new spacecraft that have been developed under
unconventional commercial contracts that have varying levels of
government oversight and insight relative to traditional NASA programs
like Apollo, Space Shuttle and the ISS. Does NASA have the necessary
visibility and insight into all aspects of the systems architectures
and critical systems that impact astronaut safety under these contract
types? Are there differences in data sharing, audits, or validation for
these newer commercial contracts versus traditional NASA development
programs?
Answer. NASA has access to specific data necessary to ensure proper
insight into and oversight of NASA astronaut safety. NASA's overarching
data sharing, audits, and validation for ``newer'' commercial fixed
price contracts is often structured differently than a ``traditional''
NASA cost plus development contract to optimize and appropriately share
cost, schedule, and technical risks. The data that NASA receives under
its contracts is dependent upon the contract's data requirement
deliverables (DRDs), which specify the requirements for data sharing,
audits, or validation, which is tailored to the Agency's needs and
appropriate risk posture. This is true regardless of the contract
(i.e., ``traditional'' vs. ``commercial'' approach).
______
Response to Written Questions Submitted by Hon. J. D. Vance to
Hon. Pam Melroy
Department of Transportation's Expertise of Licensing In-Space Flight
Under the Administration's mission authorization proposal, the
Department of Transportation would be tasked with licensing novel in-
space transportations. Associate Administrator Coleman described the
differences, particularly in the risk profile, between licensing launch
and reentry activities and these novel in-space missions. As I
understand it, the Department of Transportation has experience
licensing launch and reentry of commercial space activities but does
not have experience licensing in-space vehicles.
Question 1. How will NASA work with the Department of Transportation to
gain the requisite expertise on licensing in-space vehicles?
Answer. NASA is pleased the National Space Council put forth a
proposal that logically extends existing authorities within the
Departments of Commerce and Transportation, rather than building an
entirely new process from the ground up. Under the National Space
Council's proposal, NASA would have an advisory role, providing
technical expertise in spaceflight to the licensing process. In
addition, NASA has been working closely with the Department of
Transportation for over 13 years on the Commercial Crew program.
Training for Civilian Space Travelers
As the promise of commercial space tourism expands, more non-NASA
astronauts will go to space.
Question 1. What is the U.S. government doing to meet the training
needs for non-NASA astronauts and space travelers?
Answer. While NASA will always have oversight and training
responsibility for NASA astronauts, the training of non-governmental
space travelers is not part of NASA's mission.
Question 2. What investments is NASA making in immersive training
solutions for the civilian space community?
Answer. While NASA is not responsible for the training of non-
governmental space travelers, we have provided technical assistance to
the civilian space community and are open to continuing to do so when
appropriate, presuming we have the resources to do so.
NASA Glenn Research Center
I am encouraged by the success of the partnership between Ohio's
NASA Glenn Research Center and industry in developing new materials
which will enable the launch of next-generation rockets using
additively manufactured propulsion systems. Glenn Research Center is a
critical part of the commercial space ecosystem and the materials
research conducted there is irreplaceable.
Question 1. I'd like an update on the development of groundbreaking
materials like GrCop42 and GRX-810 at Glenn in partnership with
industry and NASA Marshall Space Flight Center.
Answer. NASA's Marshall Space Flight Center (MSFC) and Glenn
Research Center (GRC) have been and continue to lead the way in
development of new additively manufactured (i.e., 3-D printed) alloys.
GRCop-42, developed under the Rapid Analysis and Manufacturing
Propulsion Technology (RAMPT) project, was successfully flown on the
Relativity Space Terran 1 launch in March 2023 (with NASA help and less
than 18 months from concept to flight qualification) and enabled the
rapid development of Relativity's new Aeon R large scale engine for
their large Terran R launch vehicle. NASA provides continuous support
on GRCop-42 to industry vendors and many other companies for
implementation into flight for NASA missions, commercial launches,
Space Force, and hypersonic programs. These include Blue Origin, ABL
Space, Rocket Lab, Stoke Space, ABL Space, Sierra Space, Air Force
Research Lab (AFRL), and several others. GRCop-42 has also enabled the
advancement of new propulsion technologies such as rotating detonation
rocket engines (RDRE).
GRC and MSFC have completed initial development and scale-up of the
GRX-810 alloy. Material properties have been developed and hot-fire
testing of liquid rocket engine injectors and nozzles were tested
successfully. The GRX-810 alloy injector showed 5 times better life
compared to other type injectors under the harsh conditions. Testing
has shown a 1,000 times improvement in material performance. NASA has
engaged with AFRL to aid with some DoD programs and has signed more
than 10 research licenses and has over 40 other companies interested.
The team is working to properly develop the supply chain to make this
fully commercial. The novelty of the GRX-810 alloy has also enabled the
processing concept of other critical alloys needed in the commercial
space industry.
Question 2. How does NASA's Rapid Analysis and Manufacturing
Propulsion Technology program enable the next generation of launch
vehicles and what plans does NASA have to capitalize on this successful
partnership?
Answer. NASA's Rapid Analysis and Manufacturing Propulsion
Technology (RAMPT) project was one of a succession of projects that
addressed increasingly complex aspects of Additive Manufacturing (AM)
for NASA missions and the aerospace industry. The efforts demonstrated
the feasibility and benefits of AM of rocket engine components and the
advancements under RAMPT have enabled commercialization of AM
production through specialty manufacturing vendors that have quadrupled
the number of additive machines due to the RAMPT technology.
The successful completion of the RAMPT project has allowed for a
supply chain to support NASA and commercial space for production of
RAMPT technology into various missions through multiple on-going
efforts. NASA has six formal consulting agreements with launch vehicle
companies to provide manufacturing consultation. NASA has established
numerous Space Act Agreements with commercial space partners to help
them enable the RAMPT technologies in addition to two commercial patent
licenses. NASA has started building a full scale RS25-engine nozzle in
collaboration with Aerojet Rocketdyne, which is expected to result in
an 80 percent cost savings and 50 percent schedule acceleration.
There will be a continued need for the development of high
temperature materials for launch and advanced in-space chemical and
nuclear propulsion systems. Plans for follow on investments building on
the successes of RAMPT are being refined through internal planning and
assessment activities. Candidate investments include: material
development for high-pressure liquid oxygen environments, high
temperature environments (like refractories), development processes for
advanced and additive manufacturing, and composite overwrap and
bimetallic development.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Kelvin B. Coleman
Federal Government Challenges in Oversight of Commercial Space
Activities
The Pacific Northwest is a prime hub for commercial space activity,
with a $4.6 billion space industry that has created over 13,000 jobs. A
major challenge with space commercialization is understanding what the
technological and workforce challenges are. Without this knowledge, it
is difficult to determine the kind of support and oversight that is
needed. Defining roles and responsibilities, increasing coordination,
and improving knowledge sharing for agencies will allow the government
to keep pace with rapid innovation.
This Committee played a very big role in a new aircraft
certification program for the FAA to address workforce shortages and
improve aviation safety through proactive approaches to managing risk.
The same should be done to reduce technological risk for the commercial
space industry. Technological challenges and other risk factors must be
characterized and addressed from a safety perspective to ensure
advancement of commercial human spaceflight.
Question 1. What are the top three technological, operational,
policy, or workforce challenges that your agency faces in your role
supporting and overseeing the safety of commercial space activities?
Answer. In our role to enable safe space transportation, the top
three challenges our agency faces in supporting and overseeing the
safety of commercial space activities are:
(1) Keeping Pace with Licensing Demand (Operational): Since 1989,
the FAA has licensed or permitted over 700 commercial space
transportation operations, more than any other country in the
world by far. In Fiscal Year 2023, the Office of Commercial
Space Transportation (AST) licensed 113 operations, tripling
the number of licensed operations since Fiscal Year 2020.
Additionally, we have received a 186 percent increase in
license applications since Fiscal Year 2020. Further, we have
seen an increase in the number of pre-application consultations
and license modifications from high-volume programs with large
companies. To keep pace with this growth and free up licensing
resources to ensure there are adequate resources for evaluating
the safety of new operators, vehicles, sites, and technologies,
we have undertaken process improvements, including work to
incorporate automation, and efforts to streamline and improve
our commercial space regulatory framework. As reflected in the
President's budget request for Fiscal Year 2025, we have
identified additional resource needs that would ensure we have
the personnel in place to keep up with the growth in the demand
for our services.
(2) Staff Hiring and Retention (Workforce): To keep pace with
increased demand for our licensing services, we have identified
a need to grow our staff. Acquiring, training, and retaining
talent in a competitive market continues to be a challenge,
especially as the demand for critical positions with a small
talent pool, such as aerospace engineers, increases in both the
government and industry.
(3) Ensuring a Smooth Transition to Part 450 (Policy): In December
2020, the FAA published a final rule to consolidate, update,
and streamline all launch and reentry regulations into a single
performance-based part, which is found in Title 14, Code of
Federal Regulations, Part 450 (Part 450). We designed Part 450
to allow a commercial space operator to obtain a license for a
portfolio of operations, which enables an operator to
streamline and include different vehicle configurations,
different mission profiles, and even multiple sites under one
license. The FAA anticipates full implementation of Part 450
will reduce the number of times an operator will need to
request a new launch or reentry license from the FAA.
Ultimately, this will free up licensing resources and ensure
there are adequate resources available for evaluating the
safety of new operators, vehicles, sites, and technologies. By
March 10, 2026, all launch and reentry licenses issued by the
FAA under legacy regulations will no longer be valid and launch
and reentry vehicle operators must comply with Part 450. We are
working to ensure that this transition is as smooth as
possible. As Part 450 is a relatively new rule, to facilitate
industry transition to Part 450, we have provided and continue
to develop an assortment of aids, including license application
checklists, advisory circulars, and virtual tutorials and
workshops, for industry to have a full understanding of how to
achieve compliance with Part 450 and how to take advantage of
the intended benefits of this streamlined process and the
performance-based rule. We will continue to evaluate Part 450
to determine the need for any future rulemakings, and we have
tasked the Commercial Space Transportation Advisory Committee
for its views on Part 450 as well.
Proposed National Space Council Regulatory Framework
This summer, I was joined by Administrator Nelson for our Space
Summit in Washington State featuring many local space companies with
plans for innovative commercial space missions. Gravitics, in
Marysville WA, is designing and manufacturing large space structures
for orbital human platforms and uncrewed on-orbit manufacturing.
Starfish Space, in Kent, WA is developing an orbital space vehicle to
provide orbit transfer and satellite maintenance services. The
vehicles' on-board software and control system uses a combination of
orbital mechanics and low-thrust electric propulsion, enabling
satellite companies to relocate, deorbit and extend the life of
satellites.
Question 1. The space structures being designed by Gravitics appear
to require an FAA license if occupied by humans and would fall under
Department of Commerce licensing if used for automated uncrewed on-
orbit manufacturing. Do you agree? If an operator purchases one of
these platforms for multiple human and non-human applications, what
type of novel space mission license do they apply for under the space
council proposal?
Answer. Under the Administration's legislative proposal titled the
``Authorization and Supervision of Novel Private Sector Space
Activities Act'' (legislative proposal), Gravitics would require only a
single license from the Department of Transportation (DOT), as the
space structures being designed by Gravitics are designed to be a human
space flight vehicle. Under the legislative proposal, human space
flight vehicles include launch or reentry vehicles, habitats, or other
objects built to operate in a suborbital trajectory or outer space,
including a celestial body, with a human being on board. In other
words, an unoccupied vehicle may still be considered a human space
flight vehicle if it is built to operate in outer space with a human
being on board. Human space flight vehicles such as the structures
being designed by Gravitics, whether occupied or unoccupied, would
require only a single license from the DOT. The additional uncrewed or
crewed on-orbit manufacturing would not alter the oversight needed for
human-rated vehicles.
Question 2. Do you have any suggestions for improving the
efficiency of implementing the proposed National Space Council
Regulatory Framework while maintaining safety?
Answer. We believe the Administration's legislative proposal
maximizes both efficiency and safety for novel space activities. The
proposal will provide clear and predictable authorization and
supervision for novel U.S. private sector in-space activities and help
to ensure the U.S. remains the world's preeminent commercial space
country of choice while imposing minimal regulatory burdens on U.S.
private sector actors in space. Further, it builds upon the strengths
of both the Departments of Transportation and Commerce and is a logical
extension of both Departments' existing authorities.
Human Spaceflight Occupant Safety ``Learning Period''
In 2021, we saw the first sub-orbital commercial flights from
Virgin Galactic and Blue Origin, and the first successful orbital
commercial flight with SpaceX's Inspiration4. The space economy is
growing rapidly and the landscape for commercial human spaceflight will
continue to evolve. Soon we will potentially see human-occupied
commercial destinations in Low Earth Orbit, on-orbit manufacturing and
R&D, and potential human habitation on the Moon and Mars. At the last
hearing of this subcommittee focused specifically on promoting safety
and competitiveness in U.S. commercial human space travel, our industry
witnesses all urged Congress to once again extend the commercial human
spaceflight occupant safety ``learning period.''
Question 1. When do you believe the learning period moratorium
should expire? What steps are needed to minimize disruption to
commercial human spaceflight activities while maximizing safety for
humans?
Answer. We look forward to working with Congress to determine
whether the learning period moratorium should expire and to ensure
there is an environment where the FAA is able to regulate commercial
human space flight safety in a manner that does not stifle industry
innovation and growth.
AST has been working to minimize disruption to commercial human
spaceflight activities while maximizing safety for humans through
numerous initiatives that will ultimately lead to a human space flight
safety framework that will be designed to evolve with the industry.
These initiatives include:
(1) Industry Recommendations on a Future Human Space Flight Safety
Framework: In Fiscal Year 2023, AST chartered the Human Space
Flight Aerospace Rulemaking Committee (SpARC), which is
comprised of a cross-section of the commercial space
transportation industry and other relevant stakeholders. The
Human Space Flight SpARC allows us to engage with the
commercial space industry on regulatory concerns related to
human space flight and will provide consensus information,
concerns, opinions, and recommendations to the Department of
Transportation regarding the establishment of a commercial
human space flight occupant safety framework. We expect
recommendations from the Human Space Flight SpARC by the summer
of 2024, which we will use to determine the appropriate scope
and timing of future regulations and plan our efforts with the
industry on a future human space flight safety framework.
(2) Development of Guidance and Recommended Practices: In September
2023, the FAA updated its Recommended Practices for Human Space
Flight Occupant Safety document. This document provides a
compilation of practices and recommendations that the FAA
believes are important for commercial human space flight
occupant safety, including design, manufacturing, maintenance,
and operation considerations. Input from industry, academia,
and other Federal agencies supported the development of this
recent update. This document will support the continuous
dialogue across the industry through standards development
organizations to develop and publish standards that can be used
to improve the safety of launch and reentry vehicles designed
to carry humans. This document is currently being used by the
Human Space Flight SpARC to guide discussions on the future
human space flight safety framework. We will continue to make
updates to the recommended practices document as well as
develop guidance material in the form of FAA advisory circulars
addressing human space flight safety.
(3) Development of Industry Consensus Standards: The FAA is working
with standards development organizations, like ASTM Committee
F47 on Commercial Spaceflight, to help drive industry voluntary
consensus standards to publication and eventual industry
adoption. As part of the design of any future human space
flight safety framework, the FAA anticipates industry consensus
standards as being foundational for industry adoption.
Question 2. If the learning period moratorium is extended, how
would that impact any new regulatory framework for in-space human
activities implemented if the National Space Council proposal were to
become law?
Answer. In granting DOT additional regulatory authority for
commercial in-space human space flight activities, we would rely on
Congress to be explicit as to whether the learning period would also
apply to in-space human spaceflight. However, an extension of the
learning period would not hinder establishment of any new regulatory
framework for in-space human spaceflight; at a minimum, informed
consent requirements likely would be applied for in-space human
spaceflight activities.
The legislative proposal unifies all human space flight oversight
under a single agency, the Department of Transportation. After
regulations are promulgated, in-space human space flight oversight
would address public health and safety, safety of property, space
sustainability, international obligations of the United States, and
national security, foreign policy, and other national interests of the
United States. While the learning period, which places limits on the
Secretary's authority to issue regulations governing the design or
operation of a launch vehicle to protect the health and safety of crew,
government astronauts, and space flight participants, is in place, this
oversight would also include overseeing informed consent requirements.
Once the learning period sunsets, the FAA would work to promulgate
regulations in continued cooperation with industry that would codify a
safety framework for human space flight occupant safety.
Coordination on Regulatory Decision-making within the Executive Branch
Interagency
Varda Space Industries, a U.S. company that launched its first
payload into orbit in June 2023, is successfully demonstrating
manufacturing pharmaceuticals in space, but is experiencing delays in
receiving its reentry license from the FAA. This delay has led to a
decision by Varda to enter a partnership with Southern Launch to use
their spaceport range near Adelaide, Australia, rather than use the
U.S. Air Force's Utah Test and Training Range. While Australia is
obviously a strong U.S. partner, this seems like an example of a U.S.
space company choosing to pursue opportunities in other counties that
offer simpler and more flexible regulations.
Question 1. In general, can you explain how interagency
coordination works for launch and reentry licensing decisions?
Answer. Both Title 51, United States Code, and Executive Order
12465, Commercial Expendable Launch Vehicle Activities, establish
interagency requirements for an interagency group to advise and assist
the Department of Transportation, through the Federal Aviation
Administration, in performing its responsibilities for launch and
reentry licensing decisions. In addition to meeting certain safety,
environmental, and financial responsibility requirements, a license
application evaluation must undergo up to two interagency
consultations: a payload review if there is a payload and a policy
review for the entire launch or reentry operation.
During the payload review, the FAA consults with the Departments of
Defense (DoD), State (DoS), and Commerce (DOC), the National
Aeronautics and Space Administration (NASA), the Federal Communications
Commission, and any other applicable Federal agency to ensure each
payload's launch or reentry does not jeopardize public health and
safety, safety of property, national security interests, or foreign
policy interests of the United States.
During the policy review, the FAA consults with DoD, DoS, NASA, and
any other applicable Federal agency to determine whether a license
application presents any issues affecting U.S. national security, U.S.
foreign policy interests, or international obligations. In practice,
the FAA sends a summary of the commercial launch or reentry activity to
all relevant interagency stakeholders. If an interagency partner
identifies an issue, the DOT coordinates with the partner agency and
the operators to remedy the issue before issuing a license.
Question 2. In implementing the National Space Council's proposed
regulatory framework for novel space activities such as on-orbit
processing and manufacturing, what is the best way to maintain U.S.
competitiveness through a streamlined but safe regulatory framework?
Answer. The legislative proposal's regulatory framework for novel
space activities will provide clear and predictable authorization and
supervision for novel U.S. private sector in-space activities and help
to ensure the U.S. remains the world's preeminent commercial space
country of choice while imposing minimal regulatory burdens on U.S.
private sector actors in space. DOT and the DOC will work together, as
well as with other stakeholders, to ensure the application of
consistent standards. In the cases of the in-space activities cited
above, on-orbit processing and manufacturing, these would be licensed
by the DOC.
Addressing Federal Workforce and Technical Capacity Needs in
Implementing Expanded Commercial Space Regulatory Authority
The Federal government must regulate the commercial space industry
in a manner that both ensures the safety of the general public and
human participants in specific activities. This means ensuring our
regulatory agencies are well staffed, very knowledgeable, and
experienced in the safety culture of the aerospace industry. Yet we
have heard from stakeholders, including industry leaders, that the FAA
does not have enough personnel with the right skill sets to move launch
and reentry licenses along in a timely manner, or begin regulating
commercial human spaceflight occupant safety when the learning period
ends.
It is also clear government regulatory authorities are competing
with industry for the same STEM-educated workers needed to maintain a
pipeline of technical talent. In Washington State alone, we are
anticipating a 60,000-person STEM workforce shortage in by 2026.
Question 1. Would adding a key technology leader to your respective
offices, such as a Chief Technical Officer with significant industry
experience be an effective way to keep your workforce up to speed on
the rapid technology changes taking place in the industry sectors you
regulate?
Answer. We do not believe a Chief Technology Officer alone will
suffice to keep the workforce apprised of rapid technology changes. As
reflected in the President's budget request for Fiscal Year 2025, we
have identified additional resource needs that would ensure we have the
personnel in place with the necessary expertise.
Question 2. What do you believe to be the biggest impediments to
recruiting needed talent, experience, and expertise? Do you have ideas
this committee should consider that would enhance recruitment
opportunities?
Answer. As mentioned above, we have experienced significant growth
in the demand for AST's licensing resources. Currently, approximately
two-thirds of the AST organization is dedicated to working on license
applications, including pre-application consultations with prospective
applicants, license modifications, license renewals, conducting payload
and policy reviews with our interagency partners, conducting an
assortment of safety analyses, safety inspections, mishap
investigations, and more.
To keep pace with the increased demand on our licensing resources
and ensure there are adequate resources for evaluating the safety of
new operators, vehicles, sites, and technologies, among our other
initiatives to improve our processes and streamline and improve our
commercial space regulatory framework, we have identified a need to
grow our staff, and this need was reflected in the President's budget
request for Fiscal Year 2025. We have found that acquiring, training,
and retaining talent in a competitive market continues to be a
challenge, especially as the demand for critical positions with a small
talent pool, such as aerospace engineers, increases in both the
government and industry.
We are using a variety of available tools to enhance our workforce
recruitment, hiring, and retention strategies. Some examples of the
hiring strategies we've used to ensure we have a team in place to meet
the growing demands that have been placed on AST include veterans
hiring authorities, mission-critical direct hiring authority,
reemployed annuitants, other than full-time employment opportunities,
and internship programs. In addition, in anticipation of the continued
surge in demands for our licensing services, we are working on revising
our internal recruiting strategy for the next three Fiscal Years to
enhance our recruitment efforts for highly competitive specialized
positions in the public and private marketplace. Further, we have
extended our hiring efforts to other office locations besides
Washington, D.C., to expand our talent pool.
Finally, AST is exploring the use of non-engineer positions, which
tend to have a larger talent pool, that require technical skills and
support certain engineer job functions to assist in our license
evaluation, safety oversight, and regulation, policy, and guidance
activities. This may have the effect of freeing up critical licensing
resources.
We continue to look into ways to utilize the FAA's hiring and
personnel authorities to expand our hiring pool and acquire and retain
talent.
GAO Report on FAA Mishap Investigations
In just over a year, there have been several mishaps with launch
vehicles intended for human spaceflight. On September 12, 2022, the
Blue Origin New Shepard suborbital rocket suffered a failure shortly
after launch and the FAA and Blue Origin worked together to create a
mishap report that resulted in 21 corrective actions. It is expected
the New Shepard launch vehicle will return to flight very soon. On
April 20, 2023, SpaceX's first attempt to launch Starship resulted in
the catastrophic loss of the vehicle and damage to the launch pad that
sent debris as far as five miles from the Boca Chica, Texas launch
site. The FAA and SpaceX worked together to create a mishap report that
resulted in 63 corrective actions, and Starship flew again on the 18th
of November.
The GAO just released a report examining the roles and
responsibilities of Federal agencies involved in investigating
commercial space mishaps and found that of the 50 mishaps between 2000
and 2023, all but one of the investigations was led by the launch
operator. The report recommends the FAA ``comprehensively evaluate the
effectiveness of its mishap investigation process,'' and develop
criteria for determining when the agency will authorize a launch
operator to lead a mishap investigation on FAA's behalf. The Department
of Transportation has concurred with these recommendations.
Question 1. How does the FAA currently ensure operator-led mishap
investigations are thorough and applied consistently across the
commercial launch industry?
Answer. FAA currently ensures operator-led mishap investigations
are thorough and applied consistently across the commercial launch
industry, as the FAA oversees all aspects of the mishap investigations
in data reviews and analysis. Through the course of mishap
investigations, the FAA applies consistent public safety standards and
ensures the operators have met the standards prior to closing any
mishap investigation. The FAA issued Advisory Circular No. 450.173-1,
Part 450 Mishap Plan--Reporting, Response, and Investigation
Requirements, which provides guidance to operators on developing a
mishap plan, responding to a mishap, and conducting a mishap
investigation. This advisory circular presents operators with an
acceptable means of compliance with regulatory requirements related to
mishaps. In the event of a mishap, an operator must identify and
implement preventive measures to avoid the recurrence of the mishap
prior to the next flight, unless otherwise approved by the FAA. In
general, the FAA will not allow a return to flight operations until the
agency determines that any safety-critical system, process, or
procedure related to the mishap does not affect public safety or any
other aspect of the operator's license. This is standard practice for
all mishap investigations. This process is followed for each
investigation and confirms the public safety regulations, such as those
pertaining to a safety critical system, process, or procedure, are
satisfied before determining the closure of a mishap investigation.
More information can be found here: https://www.faa.gov/space/
compliance_enforcement_mishap.
Question 2. Do you believe the current mishap investigation process
is well suited to the incremental flight test approach SpaceX is taking
with Starship, requiring a mishap investigation and new launch license
for every flight? Is there an alternative approach that would maintain
safety as effectively or even more effectively?
Answer. The current mishap investigation process is well suited to
the incremental flight test approach SpaceX is taking with Starship.
During the mishap investigation of SpaceX's Starship Super Heavy
integrated flight test 1, the FAA ensured SpaceX identified the
failures contributing to the mishap and implemented appropriate
corrective actions to reduce the likelihood of a repeated failure.
While the integrated flight test 2 ended in a mishap, the same failures
did not occur, which validates the FAA model of operator-led mishap
investigations. We are actively looking for ways to further increase
efficiencies while maintaining safety. For example, the FAA may allow
an operator to return to flight during an ongoing mishap investigation
if the FAA is able to make a favorable public safety determination that
the issues related to the mishap will have no effect on public safety.
Furthermore, the FAA is exploring a new approach to mishap
investigations by embedding more reviewers within the investigation to
work iteratively on the investigations and the subsequent license
modification evaluations.
When the FAA determines that the implementation of corrective
actions is necessary, based on the nature and extent of the corrective
actions, an operator may be required to submit an application for a
license modification or new license.
International Considerations for Novel Space Activities
Setting norms of behavior and safety standards for operating in
space through international engagement is critical to the continued
access and use of space for scientific advancement and economic
prosperity. 32 countries in addition to the United States have now
signed the Artemis Accords, a set of common principles, guidelines, and
best practices focused on safe and sustainable space exploration.
Regarding the Artemis program itself, the United States and its
partner nations intend to pursue future space cooperation in
partnership with commercial industry. Within Washington, more than 40
companies are working to supply Artemis. 15 companies supply the Space
Launch System rocket, 14 deliver goods and services used for the Orion
crew capsule, and Blue Origin will supply NASA with a second lunar
lander, creating competition, and redundancy. Other NASA initiatives
such as the Commercial Lunar Payload Services or CLPS program have
created the potential for private sector activities on the lunar
surface operating on a purely commercial basis.
Question 1. Given differing regulatory approaches to overseeing
private sector space activities among spacefaring nations, how do you
assist U.S. commercial space companies in both collaborating
internationally on novel space activities, and competing with non-U.S.
commercial entities for markets and customers?
Answer. The U.S. commercial space transportation industry currently
leads the world in launch and reentry capabilities, making it highly
sought after by foreign private and government customers. Since 1989,
the FAA has licensed or permitted over 700 commercial space
transportation operations. Among those, as of March 25, 2024, 80
occurred internationally. And of those 80 operations that occurred
internationally, 19 occurred in the last two years, or 24 percent. We
expect the number of licensed operations occurring internationally to
continue to increase.
The FAA has strong bilateral partnerships with many countries,
including the United Kingdom (U.K.), Canada, New Zealand, Australia,
Sweden, Norway, Italy, Japan, and Brazil. The FAA has over 30 years of
experience licensing and permitting commercial space launch and reentry
activities. During this time, the FAA has leveraged its licensing and
regulatory capabilities and other various programs and initiatives to
enable the growth of the U.S. commercial space industry in a manner
that has resulted in an impressive safety record for this rapidly
growing industry. No FAA-licensed launch or reentry operation has
resulted in a fatality or injury to a member of the public, nor has
there been any significant property damage to the public. Because of
this, the FAA is routinely approached by other countries seeking to
partner on regulatory or spaceport development. At the present time,
U.S. companies are in discussions with spaceports in many countries,
including Japan, Australia, Norway, the U.K., Sweden, and Brazil, in
support of future launches from these countries.
Multilateral discussions are needed to ensure global consistency
for safety during launch and reentry, and the FAA will strive to
continue to serve as an example for global safety for commercial space
transportation activities. The growth of U.S. launch activity globally
also signals the need to consider recognition arrangements to reduce
duplication of licensing approvals. Dual licensing between foreign
governments for a single U.S. launch or reentry activity does not
increase safety and will stifle the growth of the U.S. launch industry
in the global markets.
______
Response to Written Questions Submitted by Hon. Ted Cruz to
Kelvin B. Coleman
Question 1. Commercial entities have discussed how greater
information sharing could be a useful tool. Should the Federal Aviation
Administration (FAA) have a public webpage where applicants and the
public could get real-time updates on the status of license
applications?
Answer. The Federal Aviation Administration (FAA) recognizes the
importance of information sharing with applicants and is already
committed to making licensing information directly available to
applicants in a timely manner. The FAA does provide the public with
data through a dashboard on our website that outlines active licenses
and licensed launches and reentries. The website can be found at
https://www.faa.gov/data_research/commercial_space_data.
Further, the FAA is in the process of developing a Licensing
Electronic Application Portal (LEAP) system for operators, which will
be used to accept, modify, exchange, and approve licensing materials
under Part 450. LEAP is expected to enhance our ability to identify,
track, and resolve questions and issues with operators, which will
enhance information sharing.
Question 2. Is there a benefit to greater transparency throughout
the licensing process?
Answer. Yes. Transparency is beneficial for both operators and the
FAA as the trend of launches continues upward. LEAP will lead to
improved transparency in the application process for individual
applicants.
Question 3. In October, members from industry testified on these
same issues. Mr. Gerstenmaier, a former NASA Associate Administrator,
testified regarding the Office of Commercial Space Transportation's
(AST) role in commercial space launches and its ``co-mingling'' with
FAA's broader priorities. He stated this co-mingling creates confusion
regarding AST's role. Is there tension between the broader FAA culture,
which regulates for reliable operations in aviation, and AST's mission,
which is focused on the safety of people on the ground and in the
airspace, not necessarily reliable rocket operations?
Answer. We respectfully disagree with Mr. Gerstenmaier's statement
that there is tension or confusion between the broader FAA culture and
the Office of Commercial Space Transportation's (AST) statutory
mission. AST undertakes its statutory responsibilities with a clear
understanding that its mission and primary responsibilities are solely
focused on protecting the public health and safety, safety of property,
and national security and foreign policy interests of the United
States. AST's execution of these responsibilities does not conflict
with the broader FAA culture.
Question 4. The National Space Council proposal suggests a two-
track system where an applicant goes to multiple agencies for specific
licenses. There are concerns that this system would muddy the waters
for industry rather than streamline the process. What is the benefit to
a one-stop shop for licensing?
Answer. Commercial space regulatory authority is currently split
among the Department of Transportation (DOT), the Department of
Commerce (DOC), and the Federal Communications Commission (FCC) based
on the expertise of each Federal agency, so a true one-stop-shop would
not capture the strengths of this current distribution of authority.
However, while commercial space regulatory authority is currently split
among various agencies, those authorities are not exercised in
isolation. For example, during the DOT licensing process, we are
required to consult with our interagency partners in an established and
process-driven manner to leverage the applicable expertise of the
United States Government as a whole.
The regulatory framework laid out in the Administration's
legislative proposal titled the ``Authorization and Supervision of
Novel Private Sector Space Activities Act'' (legislative proposal) will
provide clear and predictable authorization and supervision for novel
U.S. private sector in-space activities and help to ensure the U.S.
remains the world's preeminent commercial space country of choice while
imposing minimal regulatory burdens on U.S. private sector actors in
space. This proposal was developed to provide each in-space activity
with a single regulatory agency responsible for licensing the activity.
For example, the human spaceflight industry would work exclusively with
DOT for launch, reentry, and in-space activities. This will allow for a
single, streamlined license approach. The administration's proposal
will allow DOT to authorize, under a single in-space transportation
license, the operation of a space transportation vehicle whose sole
purpose is to conduct in-space transportation activities regardless of
where they occur.
The Administration's legislative proposal preserves current
authorities vested in the DOC and FCC, so to the extent that a novel
operation includes activities that would require an FCC or DOC license,
the operator would have to obtain these licenses in addition to a DOT
license.
Question 5. Given current launch and reentry licensing
responsibilities and challenges at AST, how would AST ensure its
increased responsibilities on mission authorization do not negatively
impact core launch and reentry responsibilities?
Answer. AST's current launch and reentry responsibilities and the
mission authorization authorities sought by the legislative proposal
carry different risk profiles. Consequently, the nature of activities
that AST would be responsible for under the legislative proposal will
not require the same level of resources that are currently necessary
for the reviews of launches and reentries. Therefore, the increased
responsibilities under the legislative proposal will not have a
negative impact on AST's current launch and reentry responsibilities.
However, as reflected in the President's budget request for Fiscal
Year 2025, we have identified additional resource needs that correspond
to the increased growth in demand for our services under our existing
authorities.
Question 6. Should launch providers ``pay into the system,'' just
as airlines pay into the FAA Airport and Airway Trust Fund?
Answer. The FAA actively supports the expanding commercial space
industry through licensing of launch and reentry vehicles, licensing of
launch and reentry sites, and the efficient integration of commercial
space operations into the National Airspace System. However, unlike
commercial air carriers and the general aviation industry, the
commercial space industry generally does not pay fees or excise taxes
that directly support the FAA. Section 50920 of Title 51, United States
Code (51 U.S.C.), relates to user fees and permits the Secretary of
Transportation to collect a user fee for a regulatory or other service
conducted under Chapter 509 of 51 U.S.C. only if specifically
authorized by Chapter 509. Currently, there are no user fees authorized
by Congress under Chapter 509. We recognize the need to sufficiently
resource the services that support the commercial space industry, and
we stand ready to work with Congress on determining an appropriate
approach for this growing industry.
______
Response to Written Questions Submitted by Hon. J. D. Vance to
Kelvin B. Coleman
Interagency Processes
I am concerned the Administration's mission authorization proposal
does not provide sufficient regulatory clarity for future commercial
space operations. One topic I raised during the hearing covered which
agency or entity should be tasked with making the final determination
of issuing a license when certain space activities do not fit neatly
within one agency's jurisdictional remit.
At the hearing, Director DalBello suggested there would be an
interagency discussion in situations where jurisdictional boundaries
are opaque or overlapping. I appreciate Director DalBello's commitment
to ensuring these discussions will be timely. As numerous commercial
space entities in Ohio seek to comply with the Administration's
framework, I believe any interagency decision on final licensing
authorization should be made swiftly and with as much consistency as
possible.
Question 1. Can you commit that, after timely interagency dialogue,
these decisions will be as final as possible?
Answer. Yes. We commit to working with our interagency partners to
determine which agency is the appropriate authorizing agency in
instances where jurisdictional boundaries may be unclear and to ensure
license determinations are as final as possible. We also commit to
working closely with our interagency partners to ensure the application
of consistent standards.
Question 2. Would the concerns and challenges laid out in the
prompt above be solved by placing this new regulatory framework under a
single existing agency?
Answer. The framework laid out in the Administration's legislative
proposal will provide clear and predictable authorization and
supervision for novel U.S. private sector in-space activities and help
to ensure the U.S. remains the world's preeminent commercial space
country of choice while imposing minimal regulatory burdens on U.S.
private sector actors in space. A novel space mission would require
either a DOT license or a DOC license, but not both. Should the
Administration's legislative proposal be enacted, we will work with DOC
to align our efforts closely as the regulatory framework is implemented
and guidance is laid out to ensure there is sufficient regulatory
clarity for future commercial space operations.
Department of Transportation's Expertise of Licensing In-Space Flight
Under the Administration's mission authorization proposal, the
Department of Transportation would be tasked with licensing novel in-
space transportations. Associate Administrator Coleman described the
differences, particularly in the risk profile, between licensing launch
and reentry activities and these novel in-space missions. As I
understand it, the Department of Transportation has experience
licensing launch and reentry of commercial space activities but does
not have experience licensing in-space vehicles.
Question 1. What expertise currently exists within the Department
of Transportation to license commercial human spacecraft in orbit?
Answer. The FAA currently licenses commercial human spaceflight
during launch and reentry. The Administration's proposal to grant
authority to DOT for licensing of commercial human spaceflight for
activities in addition to launch or reentry is a logical, common-sense
extension of DOT's current human space flight responsibilities. No
other U.S. space regulatory agency, aside from the FAA, has experience
regulating commercial human space flight. The FAA has already licensed
nearly 40 safe commercial human spaceflight missions, both orbital and
suborbital, and this number will continue to increase.
Further, the FAA's Civil Aerospace Medical Institute is actively
conducting human space flight research to broaden and extend the
agency's expertise in this area. Application of the results of this
research will be critical once the current learning period regulatory
moratorium on commercial human spaceflight sunsets and the FAA begins
more extensive regulation of the sector. Additionally, the FAA has
published recommended practices for human space flight occupant safety
and has supported the industry's efforts to develop human space flight
voluntary consensus standards. Lastly, many of the FAA's public safety
skill sets can be used to support human space flight occupant safety,
such as system safety, software safety, and the design and analysis of
safety-critical systems.
Space Situational Awareness
The FAA plays a vital role in monitoring assets flying within U.S.
airspace to lower the likelihood of a collision. The Department of
Commerce is currently developing a space situational awareness (SAA)
capability and a Traffic Coordination System for Space (TraCSS). The
Office of Space Commerce was appropriated $70 million in FY 2023 to
deliver initial operating capability by the end of FY 2024 and NASA
announced its intent to set up a test site in 2023.
Question 1. How would the lessons learned from monitoring U.S.
airspace by the FAA be applied to support and enhance the management of
assets beyond Earth's Lower Earth Orbit? Geosynchronous equatorial
orbit? Atmosphere?
Answer. The FAA operates and manages the safest airspace system in
the world. The FAA's history of licensing launch and reentry operations
provides it with the experience, expertise, and processes that can be
utilized in the authorization and supervision of novel in-space
transportation activities. In-space transportation in Earth orbit will
utilize the important service that the DOC will provide through its
TraCSS system.
Training for Civilian Space Travelers
As the promise of commercial space tourism expands, more non-NASA
astronauts will go to space.
Question 1. What is the U.S. government doing to meet the training
needs for non-NASA astronauts and space travelers?
Answer. The FAA does not offer training to government astronauts,
space flight participants, or crew. However, FAA regulations require
that crew and space flight participants receive appropriate training by
the launch service provider prior to flight. Some commercial vendors
provide some aspects of human space training, and the FAA can issue
``Safety Element Approvals'' for the services they provide. For
example, the Environmental Tectonics Corporation National Aerospace
Training and Research Center is an FAA-approved center that meets the
training requirements for commercial human spaceflight under part 460.5
of Title 14, Code of Federal Regulations.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Richard DalBello
Federal Government Challenges in Oversight of Commercial Space
Activities
The Pacific Northwest is a prime hub for commercial space activity,
with a $4.6 billion space industry that has created over 13,000 jobs. A
major challenge with space commercialization is understanding what the
technological and workforce challenges are. Without this knowledge, it
is difficult to determine the kind of support and oversight that is
needed. Defining roles and responsibilities, increasing coordination,
and improving knowledge sharing for agencies will allow the government
to keep pace with rapid innovation.
This Committee played a very big role in a new aircraft
certification program for the FAA to address workforce shortages and
improve aviation safety through proactive approaches to managing risk.
The same should be done to reduce technological risk for the commercial
space industry. Technological challenges and other risk factors must be
characterized and addressed from a safety perspective to ensure
advancement of commercial human spaceflight.
Question 1. What are the top three technological, operational,
policy, or workforce challenges that your agency faces in your role
supporting and overseeing the safety of commercial space activities?
Answer. The Department of Commerce's Office of Space Commerce would
like to bring the following ``challenges'' to the attention of the
Congress:
Programmatic authorizations and statutory authorities: While
significant progress toward standing up TraCSS continues to be
made utilizing funding provided explicitly for this purpose by
Congressional appropriations, the program currently lacks
permanent (statutory) authorization. Likewise, it is critical
that regulatory agencies such as the Departments of Commerce
and Transportation have clear authorities for the oversight of
the full panoply of new commercial space activities to protect
safety, ensure that the orbital environment remains conducive
to civil, commercial, and security uses, protect fundamental
U.S. national interests, and continue to meet our international
obligations. Without updated legislative authorities to serve
and oversee this industry, the Departments of Commerce and
Transportation (and, more broadly, the United States
Government) cannot ensure that U.S. actors will be able to use
and compete in space in the long-term.
Workforce and hiring: The Office of Space Commerce faces
challenges in securing in securing candidates with specialized
subject matter expertise or technical competencies that are
essential to the Office's execution of its technical,
regulatory, and advocacy mission. The office is exploring
available administrative workforce solutions to support
evaluation of their potential impact on recruitment needs.
Proposed National Space Council Regulatory Framework
This summer, I was joined by Administrator Nelson for our Space
Summit in Washington State featuring many local space companies with
plans for innovative commercial space missions. Gravitics, in
Marysville WA, is designing and manufacturing large space structures
for orbital human platforms and uncrewed on-orbit manufacturing.
Starfish Space, in Kent, WA is developing an orbital space vehicle to
provide orbit transfer and satellite maintenance services. The
vehicles' on-board software and control system uses a combination of
orbital mechanics and low-thrust electric propulsion, enabling
satellite companies to relocate, deorbit and extend the life of
satellites.
Question 1. It appears Starfish Space is developing a space vehicle
that could fall under two different jurisdictions due to its
capabilities, both the ``in-space transportation'' definition under the
Space Council proposal, and the ``uninhabited non-transportation''
category requiring a Department of Commerce license. Can you explain
the licensing process applicable to Starfish Space?
Answer. Under the legislation proposed by the National Space
Council, any uncrewed missions that engage in space activities beyond
pure transportation would fall under Department of Commerce (DOC)
jurisdiction. The Office of Space Commerce is committed to working with
DOT/FAA to ensure that new regulations, and the licenses that flow from
them, minimize the need for overlapping licenses. Our goal is to avoid
multiple licenses to cover the same operations.
Question 2. Do you have any suggestions for improving the
efficiency of implementing the proposed National Space Council
Regulatory Framework while maintaining safety?
Answer. The White House's ``United States Novel Space Activities
Authorization and Supervision Framework,'' released after the hearing,
provides Executive Branch agencies clearance and guidance to begin
interagency coordination on possible approaches, and to hold dialogue
with external stakeholders on ``best practices,'' toward implementing
any future ``mission authorization'' regulatory regime. The execution
of this framework is currently in its preliminary stages.
Moving forward, the Department of Commerce and Office of Space
Commerce encourage open and sustained dialogue among relevant agencies
and the Congress, to facilitate a productive alignment between the
``lessons learned,'' interagency consensus, and preparations being
achieved through the ``framework'' and the scope of statutory
authorities being drafted into law.
Coordination on Regulatory Decision-making within the Executive Branch
Interagency
Varda Space Industries, a U.S. company that launched its first
payload into orbit in June 2023, is successfully demonstrating
manufacturing pharmaceuticals in space, but is experiencing delays in
receiving its reentry license from the FAA. This delay has led to a
decision by Varda to enter a partnership with Southern Launch to use
their spaceport range near Adelaide, Australia, rather than use the
U.S. Air Force's Utah Test and Training Range. While Australia is
obviously a strong U.S. partner, this seems like an example of a U.S.
space company choosing to pursue opportunities in other countries that
offer simpler and more flexible regulations.
Question 1. In implementing the National Space Council's proposed
regulatory framework for novel space activities such as on-orbit
processing and manufacturing, what is the best way to maintain U.S.
competitiveness through a streamlined but safe regulatory framework?
Answer. Through the experience and ``lessons learned'' of our
commercial remote sensing regulatory reform and streamlining efforts,
the Office of Space Commerce believes that U.S. competitiveness is best
maintained by a regulatory framework that is open and transparent, with
clearly defined and exercised licensing responsibilities and timelines,
with understandable avenues for dialogue and petition, and with
mechanisms for the periodic review and reconsideration of license
restrictions and bounds.
The Office's successful regulatory reform efforts were made
possible through close engagement with the public and the commercial
sector, including through listening sessions, a public comment period,
and consultation with our Federal advisory committee, the Advisory
Committee on Commercial Remote Sensing (reconstituted in March 2024 as
the Advisory Committee on Excellence in Space). Additionally, the
Office's regulatory division engages with the academic sector and the
public, including to perform educational outreach activities pertaining
to regulations and to invite public submissions at any time related to
the availability of remote sensing data that are then used in the
regulatory process. Moving forward into any possible establishment of a
regulatory regime for ``mission authorization,'' the Office of Space
Commerce is again committed to honest dialogue with stakeholders, the
public, and to considering all external information and
recommendations.
Addressing Federal Workforce and Technical Capacity Needs in
Implementing Expanded Commercial Space Regulatory Authority
The Federal government must regulate the commercial space industry
in a manner that both ensures the safety of the general public and
human participants in specific activities. This means ensuring our
regulatory agencies are well staffed, very knowledgeable, and
experienced in the safety culture of the aerospace industry. Yet we
have heard from stakeholders, including industry leaders, that the FAA
does not have enough personnel with the right skill sets to move launch
and reentry licenses along in a timely manner, or begin regulating
commercial human spaceflight occupant safety when the learning period
ends.
It is also clear government regulatory authorities are competing
with industry for the same STEM-educated workers needed to maintain a
pipeline of technical talent. In Washington State alone, we are
anticipating a 60,000-person STEM workforce shortage by 2026.
Question 1. Would adding a key technology leader to your respective
offices, such as a Chief Technical Officer with significant industry
experience be an effective way to keep your workforce up to speed on
the rapid technology changes taking place in the industry sectors you
regulate?
Answer. The Office of Space Commerce strives to hire staff with
relevant industry expertise noting the highly technical nature of the
subject matter with which OSC is involved. Furthermore, specialized
technical expertise is valuable to support the research, development,
and operational requirements of the Traffic Coordination System for
Space, a major IT system for civil space situational awareness which is
operated by the Office of Space Commerce.
Notably, through the Office of Space Commerce's Federal advisory
committee and via the ``Private Sector Space Activities Interagency
Steering Group'' established by the ``United States Novel Space
Activities Authorization and Supervision Framework,'' the Office of
Space Commerce frequently consults with and gathers input from the
private sector and external stakeholders on the state of the space
sector's technological advancement and industry capabilities.
Question 2. What do you believe to be the biggest impediments to
recruiting needed talent, experience, and expertise? Do you have ideas
this committee should consider that would enhance recruitment
opportunities?
Answer. The Office of Space Commerce has grown and scaled
substantially in Fiscal Year 2023. However, the office continues to
face challenges in securing specialized technical talent and subject
matter expertise. To date, the Office of Space Commerce has utilized a
range of hiring mechanisms to fill its positions, from Schedule A,
Direct Hire, and traditional Merit Promotion and Delegated Examining
recruitment.
International Considerations for Novel Space Activities
Setting norms of behavior and safety standards for operating in
space through international engagement is critical to the continued
access and use of space for scientific advancement and economic
prosperity. 32 countries in addition to the United States have now
signed the Artemis Accords, a set of common principles, guidelines, and
best practices focused on safe and sustainable space exploration.
Regarding the Artemis program itself, the United States and its
partner nations intend to pursue future space cooperation in
partnership with commercial industry. Within Washington, more than 40
companies are working to supply Artemis. 15 companies supply the Space
Launch System rocket, 14 deliver goods and services used for the Orion
crew capsule, and Blue Origin will supply NASA with a second lunar
lander, creating competition, and redundancy. Other NASA initiatives
such as the Commercial Lunar Payload Services or CLPS program have
created the potential for private sector activities on the lunar
surface operating on a purely commercial basis.
Question 1. Given differing regulatory approaches to overseeing
private sector space activities among spacefaring nations, how do you
assist U.S. commercial space companies in both collaborating
internationally on novel space activities, and competing with non-U.S.
commercial entities for markets and customers?
Answer. As an advocate, facilitator, and regulator of U.S.
commercial space activities, the Office of Space Commerce recognizes
that U.S. industry can best compete when working within a sensible
regulatory framework that balances U.S. obligations with the sector's
entrepreneurial and technological ingenuity. Through its regulatory
reform and streamlining efforts, the Office of Space Commerce is
promoting the United States as the global regulatory ``flag of
choice''--as made evident by the increasing number of foreign firms
seeking U.S. commercial remote sensing licenses.
The Office of Space Commerce works closely with international
counterparts to promote U.S. companies' interests abroad. This includes
working with many of our closest partner countries to design compatible
regulatory approaches, including industry in our bilateral engagements
whenever possible, and working with our Department of Commerce
colleagues in the International Trade Administration to help companies
identify new markets, overcome trade barriers, compete fairly, and win
overseas contracts. The Office of Space Commerce also works closely
with the Department of State and National Telecommunications and
Information Administration to promote U.S. standards, best practices,
and guidelines to international partners and within international fora
while also gathering knowledge from other space actors on their
successes and challenges in these areas. Specifically, we have been
engaging in the UN Committee on the Peaceful Uses of Outer Space
(UNCOPUOS) and with the International Telecommunications Union (ITU) to
facilitate more coordination and better communication between space
operators on topics like space situational awareness (SSA) and space
traffic coordination (STC).
______
Response to Written Questions Submitted by Hon. Gary Peters to
Richard DalBello
Commercial Space Advisory Council
The nature of space flight means that this industry is constantly
evolving and growing, which can make it difficult for regulatory
structures to keep up. As this growth continues, I think we need to
make sure that there is a commitment to robust communication between
industry and regulatory experts to improve coordination, capacity,
safety, and efficiency--and to ensure that future changes in
regulations reflect realities on the ground. That is why I am working
on legislation to create a Commercial Space Advisory Committee within
the Office of Space Commerce to ensure that there is substantive
cooperation as the commercial space sector grows.
Question 1. What are your recommendations for industry-agency
cooperation going forward? How could current cooperation be better
structured to improve the effectiveness of outcomes?
Answer. The ``United States Novel Space Activities Authorization
and Supervision Framework,'' a companion executive action to the White
House's proposed legislation, provides guidance for the Executive
Branch to engage, consult, and cooperate with private industry to
prepare for an eventual regulatory regime. The Office of Space Commerce
intends to leverage the consultation mechanisms provided by this
framework, as well as utilize forums such as the office's reconstituted
and broadened Federal advisory committee, the Advisory Committee on
Excellence in Space, solicit inputs, feedback, and recommendations from
external stakeholders.
Moving forward, it is important that the Office of Space Commerce
be provided with proper authorities to coordinate and collaborate with
industry and external stakeholders in as full and transparent a manner
as possible. Likewise, statutory authorities that frame space operator
participation in the Office of Space Commerce's Traffic Coordination
System for Space (TraCSS) will help ensure the viability and
effectiveness of this space situational awareness system.
Space Situational Awareness Authority
In 2018, the Department of Commerce's Office of Space Commerce was
assigned responsibility for space situational awareness activities,
including tracking objects--like debris--in space and sharing that
information with industry to help avoid collisions.
Question 1. Can you speak to the importance of enabling your office
to deliver Space Situational Awareness services to the commercial space
industry? What should Congress and the agencies keep in mind as SSA
responsibility is transitioned to the Department of Commerce?
Answer. A robust civil space situational awareness (SSA) capability
is essential for the safety and sustainability of Earth's orbit--and
the innovation and vitality of our space sector.
Commercial space companies have launched thousands of new
satellites over the past few years and plan to launch tens of thousands
more. Orbits are becoming increasingly congested, putting commercial,
civil, and national security space missions at risk.
There is a growing need to better identify and track objects in
space, and to deconflict--and eventually coordinate--orbital traffic.
To address this need, the White House National Space Council's ``Space
Policy Directive-3,'' issued in 2018, designates the Department of
Commerce as the civil agency that should, consistent with applicable
law, be responsible for providing SSA and STC services and information
to non-USG entities for spaceflight safety purposes--offloading those
responsibilities from the Department of Defense (DoD) so that DoD can
focus on maintaining access to and freedom of action in space and on
protecting and defending U.S. space assets and interests. The Office is
utilizing Fiscal Year 2024 funding appropriated for this purpose.
However, the TraCSS program currently lacks a permanent (statutory)
authorization.
The Office of Space Commerce is making great strides in
implementing an operational public SSA and space traffic coordination
(STC) services system called the Traffic Coordination System for Space
(TraCSS). The TraCSS mission is driven by spaceflight safety, space
sustainability, and the need for international coordination. Program
objectives include:
Relieve DoD of responsibility for SSA coordination of
burgeoning global commercial space industry
Provide ``Basic SSA Services'' in a manner that promotes
safer space operations
Encourage U.S. Commercial SSA leadership and rely on
commercial SSA providers to the greatest extent possible
Establish and maintain a resident space object data
repository from which all basic services will be derived and
utilized for international coordination purposes
Conduct research and development (R&D) activities that will
advance the science and technology of SSA
Promote global SSA standards and best practices
As TraCSS progresses in its development, the Office of Space
Commerce (OSC) seeks to support a phased transition of basic SSA and
STC safety services from DoD to DOC and foster the commercial space
industry through both bolstering spaceflight safety and leveraging the
commercial SSA industry. DoD and DOC are tightly coordinating on a
phased transition approach. In Phase 1, TraCSS will lean more on
unclassified DoD data. With each phase, more commercial data and
commercial SSA services will be integrated over time. This phased
transition will help ensure there is no disruption in basic SSA safety
services. Beyond data, DoD is working with OSC to ensure that its
expertise in SSA analysis and spaceflight safety operations is being
passed along as well. By acquiring commercial SSA data and tools from
industry, OSC seeks to support a competitive marketplace to drive
innovation, advance the state-of-the-art in SSA, and provide the best
value to taxpayers. OSC is also taking a phased, agile development
approach to TraCSS so that TraCSS can adapt its capabilities to best
meet the safety needs of the evolving and growing commercial space
industry.
TraCSS development work cannot occur in a vacuum, as ensuring a
safe and sustainable orbital environment will require the participation
of the global community. OSC is already engaging with international
partners on considerations around best practices for spaceflight safety
and data standards and sharing to prevent the delivery of conflicting
information about potential collision events to satellite operators.
______
Response to Written Questions Submitted by Hon. Ted Cruz to
Richard DalBello
Question 1. What should Congress do to support the commercial
facing role of the Office of Space Commerce?
Answer. The Department of Commerce and Office of Space Commerce is
deeply appreciative of the consistent advocacy the United States
Congress has provided for our work supporting the commercial space
sector.
Moving forward, Congressional authorization of regulatory
authorities and funding commensurate with the Office's significant
mission to support a properly scaled team with unique and specialized
expertise will be most valuable to support our efforts.
Likewise, Congressional support for, and funding for, the Office of
Space Commerce's Traffic Coordination System for Space (TraCSS) will be
vital to ensure that the United States has an effective civil space
situational awareness capability that helps preserve and promote the
long-term safety and sustainability--and commercial viability--of the
space environment.
Question 2. From your perspective, what solutions would help
support novel commercial space companies navigating the complicated
regulatory regime?
Answer. Through the experience and ``lessons learned'' of our
commercial remote sensing regulatory reform and streamlining efforts,
the Office of Space Commerce believes that U.S. competitiveness is best
maintained by a regulatory framework that is open and transparent, with
clearly defined and exercised licensing responsibilities and timelines,
with understandable avenues for dialogue and petition, and with
mechanisms for the periodic review and reconsideration of license
restrictions and bounds.
Question 3. Can you provide clear examples of currently
unauthorized commercial space activities under the Department of
Commerce's purview, such as space situational awareness (SSA), that you
hope Congress could rectify in modernizing mission authorization?
Answer. The Office of Space Commerce is executing on its civil
space situational awareness responsibilities, as assigned by Space
Policy Directive-3, via the Traffic Coordination System for Space
(TraCSS) program. The Office is utilizing Fiscal Year 2024 funding
appropriated for that purpose. However, the program currently lacks
permanent (statutory) authorization.
The draft legislation released last year would also resolve
regulatory uncertainties that are threatening to limit industry's
ability to innovate. Without clear regulatory pathways, many new space
activities face difficulties securing funding, insurance, or approval
to operate. Examples of commercial space activities and capabilities
that do not have clear or explicit regulatory pathways, or parts of
which are regulated by other Federal entities (such as for spectrum
usage) but could be more appropriately or clearly covered in a
``mission authorization regulatory regime,'' include:
Radiofrequency monitoring;
Radio occultation monitoring;
Rendezvous and proximity operations;
In-space servicing (physically ``touching'' another space
object);
Lunar surface mobility and payload operations, except for
spectrum use;
Imaging activities beyond Earth's orbit;
Physical changing of orbit (transiting/repositioning),
except for radiofrequency transmission;
In-space assembly and manufacturing;
Space resource utilization;
Scientific sensing by private entities (e.g., magnetosphere
studies, solar wind studies, radiation environment studies);
Commercial positioning, navigation, and timing services.
Clear regulatory authorities would also allow the Department of
Commerce to consider--and mitigate or avoid--potential risks to U.S.
national interests posed by these activities, such as recent objections
to placing human remains on the Moon, possible commercial interference
with the Apollo landing sites, and increasingly congested orbits.
Question 4. How significant is the value of the Traffic
Coordination System for Space (TRACSS) and what can Congress do to help
define the boundaries of the program?
Answer. A robust civil space situational awareness (SSA) capability
is essential for the safety and sustainability of Earth's orbit--and
the innovation and vitality of our space sector. Commercial space
companies have launched thousands of new satellites over the past few
years and plan to launch tens of thousands more. Orbits are becoming
increasingly congested, putting commercial, civil, and national
security space missions at risk. There is a growing need to better
identify and track objects in space, and to deconflict--and eventually
coordinate--orbital traffic. To address this need, the White House
National Space Council's ``Space Policy Directive-3,'' issued in 2018,
designates the Department of Commerce as the civil agency that should,
consistent with applicable law, be responsible for providing basic SSA
services to commercial and civil space operators--offloading those
responsibilities from the Department of Defense (DoD) so that DoD can
focus on its ``protect and defend'' mission focus on maintaining access
to and freedom of action in space and on protecting and defending U.S.
space assets and interests.
The Department of Commerce recognizes the urgency of fulfilling
this mission to prevent the next catastrophic collision in space and to
support a phased transition with DoD. In partnership with industry,
government, and academia, the Office of Space Commerce is making great
strides in implementing an operational public SSA and space traffic
coordination (STC) services system called the Traffic Coordination
System for Space (TraCSS).
Although significant progress is being made on TraCSS, the program
has not yet been permanently authorized in law, operating currently
under funding provided in FY2024 Congressional appropriation.
The White House's legislative proposal would remedy this, providing
the Commerce Department with statutory SSA authorizations essential to
fully implement the TraCSS program's public-private approach and allow
it to successfully scale. The proposal supports stakeholder and
operator coordination and participation in TraCSS, enabling the
information-sharing needed to effectively conduct space traffic
coordination and provide SSA services that have meaningful utility for
space safety.
Question 5. The Office of Space Commerce (OSC) plans to convene a
meeting before the end of the year with international partners on
multilateral commercial space industry cooperation. How does OSC's
international coordinating role differ from other similar diplomatic
bodies, within the National Aeronautics and Space Administration or the
State Department?
Answer. The Office of Space Commerce convenes dozens of meetings
annually between U.S. industry, foreign industry, and foreign
governments, to facilitate commercial space sector trade and
partnerships around the world. No other entity within the United States
government has the Office of Space Commerce's remit to focus on the
needs of, and engage in international coordination and advocacy on
behalf of, the U.S. commercial space industry.
NASA's international cooperation efforts are in furtherance of its
mission, and the State Department focuses on diplomatic, national
security, foreign policy, and international law issues relating to
space. The Office of Space Commerce works with its partners at the
International Trade Administration, NASA, DOS, DOT, DoD, and the rest
of the interagency to lead and facilitate commercial-focused work
internationally.
Moreover, as the designated agency responsible for civil space
situational awareness, the Department of Commerce, via the Office of
Space Commerce and in coordination with the State Department, is
beginning to lead international dialogue and efforts promoting best
practices and standards for space situational awareness and collision
avoidance.
Question 6. What are your thoughts on the U.S. leading
international cooperation and standards development on commercial LEO
activities such as in-space traffic management or collision avoidance?
Answer re: International Cooperation. Ensuring a safe and
sustainable orbital environment will require the participation of the
global community. To be successful, TraCSS must be developed in
coordination with other global SSA systems.
Much will need to be accomplished to move from the current
situation to a future internationally coordinated system. The Office of
Space Commerce will seek to open lines of communication with nations
operating SSA systems, including those that have not traditionally
coordinated their efforts with the United States. Our international
coordination will also seek to align with existing efforts on space
sustainability, such as the United Nations Committee on the Peaceful
Uses of Outer Space (UNCOPUOS) Guidelines for the Long-Term
Sustainability of Outer Space Activities. Throughout this process, the
United States will actively engage with global satellite owners and
operators as well as commercial SSA providers.
The Office of Space Commerce is committed to maintaining an open
and transparent system that enables global coordination. This approach
aligns with our vision of the future of international STC, which we
foresee as a global coordinated system of SSA providers with a series
of national or regional ``hubs'' providing SSA information and services
to spacecraft operators. These centers will be supported by networks of
international partnerships, and their services will be augmented by a
robust global commercial SSA sector that provides value-added services.
This type of close coordination will help prevent the delivery of
conflicting information about potential collision events, and will lay
a solid foundation for future STC efforts.
An early focus of the Office of Space Commerce's international SSA
engagements has been facilitating alignment on standards and best
practices for data and information sharing. As noted in the UNCOPUOS
Guidelines for the Long-Term Sustainability of Outer Space Activities,
``[w]hen sharing orbital information on space objects, operators and
other appropriate entities should be encouraged to use common,
internationally recognized standards to enable collaboration and
information exchange.'' Space Policy Directive-3 similarly directs the
development of standards to improve SSA interoperability and enable
greater SSA data sharing and to establish best practices for space
safety. We have coordinated with the Department of State to deliver
presentations on the purpose and status of TraCSS at recent UNCOPUOS
meetings and to promote the concept of regional approaches to SSA
within the UN system.
Answer re: International Standards Development. The U.S. voluntary,
consensus standards system is bottom-up, industry-driven, and sector-
focused, with government agencies participating as an equal and
interested partner. This participation is structured under the National
Technology Transfer and Advancement Act (P.L. 104-113, NTTAA),\1\ which
directs Federal agencies to ``use technical standards that are
developed or adopted by voluntary consensus standards bodies, using
such technical standards as a means to carry out policy objectives or
activities determined by the agencies and departments'', except where
inconsistent with applicable law or impractical. The standards
provisions of the NTTAA, and a limited set of foundational attributes
of standardization activities that are called out in the Office of
Management and Budget Circular A-119,\2\ require agencies to use
voluntary consensus standards in lieu of developing government unique
standards when they are available and technically meet their mission
needs. Agencies can develop standards, if there are no standards that
are fit for purpose that can be adopted or used. This reflects the U.S.
government's commitment to the U.S. industry-led, voluntary consensus
standards system. The U.S. standards ecosystem differs from those in
several countries where government-directed, prescriptive standards are
the products.
---------------------------------------------------------------------------
\1\ P.L. 104-113 National Technology Transfer and Advancement Act
of 1995, Section 12 (d)(1). (available at: https://www.congress.gov/
104/plaws/publ113/PLAW-104publ113.pdf) Accessed January 11, 2024
\2\ OMB 119-A OMB Circular A-119: Federal Participation in the
Development and Use of Voluntary Consensus Standards and in Conformity
Assessment Activities (2016) https://www.whitehouse.gov/wp-content/
uploads/2020/07/revised_circular_a-119_as_of_1_22.pdf
---------------------------------------------------------------------------
The U.S. Government has a clear role in supporting the SSA
community to develop standards to facilitate the safe and responsible
space traffic coordination, not only through engagements with
commercial partners, but through incorporating those well-developed
standards into practice. Standards play an important role and can be
viewed as structurally necessary to enable a cutting-edge and
innovative approach to space traffic coordination and the development
of new SSA systems that allow for interoperability, flexibility, and
technical certainty.
Consistent with the NTTAA and A-119, the Office of Space Commerce
is working with the commercial and public-sector SSA community to
coordinate the development of standards and best practices for on-orbit
commercial space traffic that can be adopted and used; the Office of
Space Commerce, in coordination with NIST, is actively contributing to
the development space situational awareness standards in fora such as
the International Organization for Standardization (ISO) and
Consultative Committee for Space Data Systems (CCSDS).
To facilitate this work, the Office of Space Commerce is engaging
with the private sector, industry partners, domestic and international
bodies, and academia in universal standards development for SSA. These
efforts are centered around working with all space-faring nations
through groups such as the UNCOPUOS and international standards
developing organizations with various degrees of membership and
organizational structure. The Office has most recently engaged in
public listening sessions to gain feedback on recommended standards for
data exchange with our TraCSS system and other SSA systems. These will
continue as we advance TraCSS' development and implementation.
Working with the SSA community, I see the Office of Space Commerce
working to not only support, but accelerate, U.S. leadership in SSA
standards development. Specifically, we are working to create an
environment that is conducive to U.S. private and public sector
engagement and influences international SSA standards development, one
that reflects U.S. culture and private-public sector dynamics. In
addition, we are striving to ensure that the U.S. continues to be a
welcoming location by hosting international standards events,
socializing and coordinating the development of standards for the
universal exchange of commercial SSA between SSA systems. By engaging
with the commercial and public-sector SSA community, the Office of
Space Commerce has identified that the CCSDS standards appear to be the
most widely adopted in the SSA community today; listening sessions with
spacecraft operators and commercial SSA providers suggest that they are
well known and frequently used. CCSDS standards--as well as derived and
complementary standards produced by the ISO--are developed through an
international consultative process, are openly available free of charge
to all users, and are directly applicable to the types of SSA data and
information that TraCSS will provide. The Office of Space Commerce is
exploring whether adjustments to the standards would be necessary to
fully meet operational needs.
______
Response to Written Questions Submitted by Hon. J. D. Vance to
Richard DalBello
Interagency Processes
I am concerned the Administration's mission authorization proposal
does not provide sufficient regulatory clarity for future commercial
space operations. One topic I raised during the hearing covered which
agency or entity should be tasked with making the final determination
of issuing a license when certain space activities do not fit neatly
within one agency's jurisdictional remit.
At the hearing, you suggested there would be an interagency
discussion in situations where jurisdictional boundaries are opaque or
overlapping. I appreciate your commitment to ensuring these discussions
will be timely. As numerous commercial space entities in Ohio seek to
comply with the Administration's framework, I believe any interagency
decision on final licensing authorization should be made swiftly and
with as much consistency as possible.
Question 1. Can you commit that, after timely interagency dialogue,
these decisions will be as final as possible?
Answer. While decision-making and notification processes would be
more clearly defined through the regulatory rulemaking process and in
final regulations, the Office of Space Commerce's objective is ensuring
that licensees are provided with timely regulatory clarity, certainty,
and finality to the greatest extent practicable.
Question 2. Would the concerns and challenges laid out in the
prompt above be solved by placing this new regulatory framework under a
single existing agency?
Answer. The White House National Space Council's ``mission
authorization'' legislative proposal builds on the strengths of the
Department of Commerce and those of our colleagues in the interagency,
by extending current statutory authorities. The specific details of
regulatory implementation would be crafted through a normal notice and
comment process including OMB and inter-agency review. Moreover, even
in the event that a single agency is identified as the sole regulator
for these new activities, an interagency consultation process across
broader government stakeholders and experts would still be an expected
element of application reviews.
Regardless of the ultimate arrangement of responsibilities, the
Department of Commerce is confident that we are in an ideal position to
address many of the new and emerging commercial space activities on
behalf of the U.S. government. Our regulatory streamlining for remote
sensing systems, hailed as a success by stakeholders in industry and
government, demonstrates our ability to balance national security and
other interests while promoting commercial innovation. As a result of
this streamlining, we have reduced our average license processing time
to 14 days, from 48 days in 2020. We recently relieved 11 of our
licensees of 69 operating restrictions enabling their full imaging
capabilities to the world. As we move forward, the Department of
Commerce will be committed to regulatory rulemaking conducted
transparently and with full engagement of all stakeholders, including
industry. Likewise, the Office of Space Commerce will include
consideration of novel space activities within the scope of our Federal
advisory committee responsibilities, thus ensuring that representatives
of affected companies have a meaningful and trusted ``voice at the
table'' to raise and address concerns.
Space Situational Awareness
The FAA plays a vital role in monitoring assets flying within U.S.
airspace to lower the likelihood of a collision. The Department of
Commerce is currently developing a space situational awareness (SAA)
capability and a Traffic Coordination System for Space (TraCSS). The
Office of Space Commerce was appropriated $70 million in FY 2023 to
deliver initial operating capability by the end of FY 2024 and NASA
announced its intent to set up a test site in 2023.
Question 1. Are you on track to meet the goal of delivering
operating capability by the end of FY 2024?
Answer. The Office of Space Commerce has met its goal of delivering
Phase 1.0 initial capability for a beta set of users by the end of
Fiscal Year 2024. In calendar year 2023 and 2024 thus far, the Office
of Space Commerce achieved the following with the TraCSS program:
Matured the technical architecture and adopted an Agile
development approach;
Increased engagements with public, commercial industry, and
government stakeholders;
Released an RFI on a proposed scope of basic SSA services to
be provided by TraCSS;
Solidified the working relationship with DoD across multiple
working groups on technical data exchange, roles and
responsibilities, and operations;
Initiated coordination with NASA on R&D activities needed to
advance state of the art in SSA;
Awarded a cloud infrastructure procurement;
Invested in the commercial SSA industry via execution of
pilot project, purchasing of commercial SSA data, and providing
independent evaluation of that data to industry;
Introduced SSA authorization language as part of the
National Space Council legislative package;
Engaged with international partners on future coordination
opportunities;
Expanded strategic communications, including monthly public
listening sessions and direct industry engagement;
Awarded a critical system integration infrastructure
procurement;
Initiated a Consolidated Pathfinder project focused on the
low Earth orbit (LEO) regime with industry to validate metrics
and work out the processes of acquiring, ingesting, and
evaluating commercial SSA data and services for the operational
system;
Announced that the primary TraCSS operations center will be
built out at the David Skaggs Research Center in Boulder,
Colorado, with a backup operations center at the NOAA Satellite
Operations Facility in Suitland, Maryland; and
Released the ``Global SSA Future Vision'' document, which
envisions the future of international space traffic
coordination.
Question 2. Do you plan to utilize the existing expertise at the
FAA in developing SSA capabilities and TraCSS?
Answer. The Office of Space Commerce (OSC) will be coordinating
with the Federal Aviation Administration, the DoD, and related
stakeholders on supporting the transition of launch collision avoidance
services from the DoD to TraCSS, which is defined as Phase 2 for
TraCSS. TraCSS Phase 3, which will also involve coordination between
OSC, FAA and DoD, is the transition of reentry assessment and
management services. Phase 1 of TraCSS is focused on on-orbit collision
avoidance capabilities and does not involve the FAA.
Active Debris Removal
Congress placed an emphasis on active debris removal (ADR)
technology and mitigating the threat orbital debris poses to space
activities. It is important that we protect our Nation's significant
investment and operation in Low Earth Orbit (LEO). We must also
recognize that ADR is an unproven and untested technology. I am
optimistic that it will be a useful tool in eliminating space debris,
but given its unproven nature, I worry it could create more debris.
Question 1. What steps need to be taken on regulatory oversight to
ensure that ADR activity in LEO is conducted in a manner which furthers
space safety/sustainability while reducing debris?
Answer. Under the White House National Space Council's ``mission
authorization'' legislative proposal, active debris removal
capabilities would likely be regulated by the Office of Space Commerce.
Through the Office of Space Commerce's Federal advisory committee
and other consultation mechanisms, we anticipate working with industry
stakeholders as well as United States Government experts to develop
light-touch licensing conditions, best practices, and standards which
ensure active debris removal missions can be affirmatively licensed
while preserving safety and adherence to our international obligations.
For NOAA, current and future NOAA LEO satellites are designed with
orbital debris mitigation in mind, so satellites can be actively
removed from space when nearing the end of their mission life.
NOAA endorses the removal of retired on-orbit assets and space
debris through the use of active debris removal to protect NOAA's
operational low earth orbit satellites as well as partner satellites
that we rely on to meet mission goals. NOAA's satellite design
principles, which adhere to the United States Government (USG) Orbital
Debris Mitigation Standard Practices (ODMSP), can serve as a model for
future orbital debris mitigation requirements. NOAA is ready to work
with the Administration and Congress to develop necessary guidance to
implement updated national orbital debris mitigation requirements and
maintain U.S. leadership in the international arena.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
John Hill
Federal Government Challenges in Oversight of Commercial Space
Activities
The Pacific Northwest is a prime hub for commercial space activity,
with a $4.6 billion space industry that has created over 13,000 jobs. A
major challenge with space commercialization is understanding what the
technological and workforce challenges are. Without this knowledge, it
is difficult to determine the kind of support and oversight that is
needed. Defining roles and responsibilities, increasing coordination,
and improving knowledge sharing for agencies will allow the government
to keep pace with rapid innovation.
This Committee played a very big role in a new aircraft
certification program for the FAA to address workforce shortages and
improve aviation safety through proactive approaches to managing risk.
The same should be done to reduce technological risk for the commercial
space industry. Technological challenges and other risk factors must be
characterized and addressed from a safety perspective to ensure
advancement of commercial human spaceflight.
Question 1. What are the top three technological, operational,
policy, or workforce challenges that your agency faces in your role
supporting and overseeing the safety of commercial space activities?
Answer. The top challenges facing the Department of Defense
regarding the safety of commercial space activities involve the
imperative of transitioning inherently civil aspects of space
situational awareness and traffic safety operations to the Department
of Commerce (DOC) as a properly authorized, funded, and enabled civil
regulatory agency. These challenges are analogous to challenges faced
in the early ages of aviation when the military first provided support
for air traffic safety before the establishment of the Federal Aviation
Administration.
The Department of Defense (DoD) supports the safety of commercial
space activities--and the activities of all space operators--by sharing
space situational awareness information through the United States Space
Command's Space-Track.org website and through space situational
awareness sharing agreements and arrangements entered into pursuant to
10 USC Sec. 2274. When DoD is able to provide this kind of information,
DoD may also inform space operators regarding projected close
approaches between spacecraft and other objects in space, helps isolate
sources of radio-frequency interference, and provide support for safe
orbital insertions and other safety-related support. DoD has, when
able, provided these inherently civil support services for many years
as an adjunct to the military's security-focused space domain awareness
mission. The absence of a civil agency with the capability to perform
these missions forced commercial actors to continue to rely on the DoD
to fill the gap.
Worldwide space operations have expanded well beyond the point that
responsibility for such inherently civil functions should transition to
a civil agency specifically authorized, funded, and enabled to perform
them. DoD is working closely with DOC to transition responsibility for
inherently civil space situational awareness sharing functions. The
Administration has proposed legislation that would provide necessary
authorization to the Department of Commerce (DOC) for this purpose. As
envisioned, in performing these functions, DOC would be able to utilize
space situational awareness data that DoD collects, as well as
commercial and other resources available to DOC. Meanwhile, DoD
personnel would be relieved of civil support activities and able to
focus their efforts on inherently national security missions. Further,
the proposed legislation would also allow for DoD to provide feedback
to the Departments of Commerce and Transportation on novel space
activities that could have safety or national security risks to
national security operations.
Coordination on Regulatory Decision-making within the Executive Branch
Interagency
Varda Space Industries, a U.S. company that launched its first
payload into orbit in June 2023, is successfully demonstrating
manufacturing pharmaceuticals in space, but is experiencing delays in
receiving its reentry license from the FAA. This delay has led to a
decision by Varda to enter a partnership with Southern Launch to use
their spaceport range near Adelaide, Australia, rather than use the
U.S. Air Force's Utah Test and Training Range. While Australia is
obviously a strong U.S. partner, this seems like an example of a U.S.
space company choosing to pursue opportunities in other counties that
offer simpler and more flexible regulations.
Question 1. In implementing the National Space Council's proposed
regulatory framework for novel space activities such as on-orbit
processing and manufacturing, what is the best way to maintain U.S.
competitiveness through a streamlined but safe regulatory framework?
Answer. Pursuant to existing law on licensing commercial space
activities such as space launch and re-entry and private remote
sensing, civil regulatory agencies consult with the Department of
Defense (DoD) on licensing decisions. In these consultations, DoD works
with civil agency counterparts who have competence for both the
administrative aspects of the licensing process and for the technical
and operational matters related to the license. The combination of
these competencies enables DoD and our civil agency counterparts to
work through most national security questions in ways that do not
involve license restrictions and support the competitiveness of U.S.-
licensed firms--which is itself a national security interest.
Additionally, these relationships facilitate DoD's ability to support
commercial space activities, such as through access arrangements to use
DoD ranges where compatible with DoD's operational, safety, and
security needs. DoD sees the statutory authority for the Secretary of
Defense to determine national security aspects of licenses, and the
consolidation of both the administrative and technical competencies
related to licensing, as best practices that should be continued in the
U.S. approach to licensing commercial space activities.
International Considerations for Novel Space Activities
Setting norms of behavior and safety standards for operating in
space through international engagement is critical to the continued
access and use of space for scientific advancement and economic
prosperity. 32 countries in addition to the United States have now
signed the Artemis Accords, a set of common principles, guidelines, and
best practices focused on safe and sustainable space exploration.
Regarding the Artemis program itself, the United States and its
partner nations intend to pursue future space cooperation in
partnership with commercial industry. Within Washington, more than 40
companies are working to supply Artemis. 15 companies supply the Space
Launch System rocket, 14 deliver goods and services used for the Orion
crew capsule, and Blue Origin will supply NASA with a second lunar
lander, creating competition, and redundancy. Other NASA initiatives
such as the Commercial Lunar Payload Services or CLPS program have
created the potential for private sector activities on the lunar
surface operating on a purely commercial basis.
Question 1. Do you have thoughts on this issue from a national
security perspective?
Answer. From a broad national interest perspective, it is important
that nations continue to see the United States as their preferred
partner for engaging in space activities. The Artemis program is a
prime example of a U.S.-led, mutually beneficial international civil
space partnership. Among the many benefits of such partnerships,
nations working together develop common understandings of best
practices for existing and new forms of space operations that
contribute to the overall safety and sustainability of operations in
space. The relationships developed through such partnerships could also
extend to common interests in developing new norms more directly
beneficial to national security, such as the overwhelming international
support for the U.S.-sponsored United Nations General Assembly
resolution in 2022 that called on nations to commit not to conduct
destructive direct-ascent anti-satellite missile tests.
______
Response to Written Questions Submitted by Hon. Ted Cruz to
John Hill
Question 1. Space Force oversees missions critical for our national
security including tactically responsive space missions. What is the
impact to these types of programs when there are delays in the
licensing process?
Answer. Under the National Security Space Launch (NSSL) programs,
DoD uses commercially provided launch vehicles and services to launch
payloads for major national security space programs. These launches are
not subject to licensing by the Federal Aviation Administration (FAA).
DoD considers successful performance on non-DoD missions as a valid
criterion during the process of qualifying launch vehicles for use on
NSSL missions. For less critical national security missions, DoD will
also contract for services on commercial launches licensed by the FAA.
The FAA's regulatory processes for approving these launches have not
caused delays that affected our missions.
Question 2. One concept that could be explored is adopting a ``fast
lane'' license review process, where you link the license review
process to a particular project of national significance or
governmental contract. What are the potential benefits to an expedited
license review process?
Answer. As noted above, a Federal Aviation Administration launch
license is not required for space activities the government carries out
for the government, including our support to the launching of
intelligence community space missions. Thus, the suggested ``fast
lane'' concept would have limited impact on how the defense and
intelligence communities perform our responsibilities. Where our
activities leverage commercial services, the current licensing
processes have not caused delays that affected our missions.
Question 3. Does the Department of Defense consider continuous
American presence in low Earth orbit to be a strategic national
interest? Why or why not?
Answer. The Department of Defense is continuously present in low-
Earth orbit and many other orbits, although these are non-crewed
missions. DoD sees the continued presence of Americans in space as a
component of U.S. leadership in the domain and a national interest. As
the National Aeronautics and Space Administration (NASA) is responsible
for the government's crewed space missions, DoD would defer to NASA
regarding the specific orbits and activities to prioritize.
______
Response to Written Question Submitted by Hon. J. D. Vance to
John Hill
Defense Applications of Commercial Space Assets
Space assets, just as commercial assets outside the space domain,
can easily have an underwritten defense/military application. This
means a commercial space asset could be perceived or targeted as a
military asset at any time.
Question. What measures is the Department of Defense taking to
ensure the capabilities of current and future space assets can be
repurposed and/or applied in multiple settings--including for defense/
military applications?
Answer. The Department of Defense (DoD) relies on commercial
services and supplies across many sectors of the economy. Examples
include energy, transportation (airlift, sealift, and land transport),
security services, and cloud computing services. In space, DoD has a
long history of utilizing commercial services such as satellite
communications, Earth observation, and, more recently, satellite
operations and space situational awareness. Across sectors, commercial
firms compete for DoD business and address any risks they perceive
through the terms of the contract and through commercial market
insurance. As the market for commercial space services continues to
grow, DoD anticipates our options to leverage these services to meet
our national security needs.
[all]