89–006 

115TH CONGRESS REPT. 115–1106 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

AMERICAN SPACE SITUATIONAL AWARENESS AND 

FRAMEWORK FOR ENTITY MANAGEMENT ACT 

DECEMBER 22, 2018.—Ordered to be printed 

Mr. SMITH of Texas, from the Committee on Science, Space, and 

Technology, submitted the following 

R E P O R T 

[To accompany H.R. 6226] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science, Space, and Technology, to whom was 

referred the bill (H.R. 6226) to direct the Secretary of Commerce 

to provide for civil space situational awareness services and information, and for other purposes, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 6 

Section-by-Section .................................................................................................... 12 

Explanation of Amendments ................................................................................... 13 

Committee Consideration ........................................................................................ 13 

Roll Call Votes ......................................................................................................... 13 

Application of Law to the Legislative Branch ....................................................... 15 

Statement of Oversight Findings and Recommendations of the Committee ...... 15 

Statement of General Performance Goals and Objectives .................................... 15 

Duplication of Federal Programs ............................................................................ 15 

Disclosure of Directed Rule Makings ..................................................................... 15 

Federal Advisory Committee Act ............................................................................ 15 

Unfunded Mandate Statement ............................................................................... 15 

Earmark Identification ............................................................................................ 16 

Committee Estimate ................................................................................................ 16 

Budget Authority and Congressional Budget Office Cost Estimate .................... 16 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘American Space Situational Awareness and Framework for Entity Management Act’’ or the ‘‘American Space SAFE Management Act’’. 


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SEC. 2. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means the Committee on Science, Space, and Technology of 

the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate. 

(2) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration. 

SEC. 3. NATIONAL CIVIL SPACE SITUATIONAL AWARENESS AND SPACE TRAFFIC MANAGEMENT SCIENCE AND TECHNOLOGY PLAN. 

(a) POLICY.—It is the policy of the United States to encourage the coordination 

of public and private sector science and technology activities to improve space situational awareness and space traffic management. 

(b) PLAN.—Not later than 180 days after the date of enactment of this Act, the 

Administrator of NASA, in consultation with other Federal departments and agencies, as appropriate, shall develop and submit to the appropriate committees of Congress a national civil space situational awareness and space traffic management 

science and technology plan. 

(c) PURPOSE.—The Plan developed under subsection (b) shall carry out the policy 

set forth under subsection (a) by identifying and prioritizing civil space situational 

awareness and space traffic management research and development activities in 

support of the activities to be conducted pursuant to sections 4 and 5. 

(d) CONTENTS.—The plan developed under subsection (b) shall include recommendations— 

(1) to improve coordination among Federal departments and agencies on civil 

space situational awareness and space traffic management research and development; 

(2) to promote and facilitate private investment in civil space situational 

awareness and space traffic management research and development; 

(3) to identify current and project future private investment in civil space situational awareness and space traffic management research and development; 

(4) to work proactively with the private sector to avoid competing with, 

disincentivizing, or otherwise discouraging private sector research and development investment; and 

(5) to prioritize Federal Government investments in civil space situational 

awareness and space traffic management research and development to occur 

over a 5-year funding period. 

(e) AVAILABILITY.—The Administrator shall ensure that the plan developed under 

subsection (b), and any updates to such plan, are made available on a publicly accessible website and published in the Federal Register. 

(f) UPDATED PLAN.—Every 5 years, the Administrator shall update the plan and 

submit the updated plan to the appropriate committees of Congress. 

(g) ANNUAL BUDGET.—In submitting each annual budget request to Congress, the 

President shall identify activities to implement the plan. 

(h) CENTER FOR CIVIL SPACE SITUATIONAL AWARENESS AND SPACE TRAFFIC MANAGEMENT SCIENCE AND TECHNOLOGY EXCELLENCE.— 

(1) ESTABLISHMENT.—The Administrator of NASA shall establish, through a 

competitive process, a Center for Civil Space Situational Awareness and Space 

Traffic Management Science and Technology Excellence at a United States academic institution or institutions. 

(2) PURPOSE.—The purpose of the Center established under paragraph (1), 

taking into account the plan established in this section, shall be to develop, 

lead, and promote research that furthers civil space situational awareness, 

space traffic coordination, and space traffic management. 

(3) FUNDING.—NASA shall devote not less than $2,000,000 to carry out this 

subsection for each of fiscal years 2019 through 2023, subject to the availability 

of appropriations, to come from amounts made available for NASA. This subsection shall be carried out using funds otherwise appropriated by law after the 

date of enactment of this Act. 

SEC. 4. CIVIL SPACE SITUATIONAL AWARENESS PROGRAM. 

(a) FINDINGS.—Congress finds that— 

(1) commercial activity in space is accelerating and the United States has a 

growing commercial space market; 

(2) the number of launches and satellites in orbit will grow significantly in 

the near future, increasing the number of objects, satellites, and debris, and the 

risk of collisions; and 


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(3) responsible space operations has large implications for the sustainability 

of space activities, and in turn the prosperity and national security of the 

United States. 

(b) POLICY.—It is the policy of the United States to establish and maintain a civil 

space situational awareness program that provides the public space situational 

awareness information and services in order to facilitate a safe operational environment. The Program established under subsection (c) shall facilitate and promote opportunities for United States private sector providers of space situational awareness 

data, information, and services to participate in and contribute to the Program. The 

Program shall promote broad participation from both domestic and international 

spacecraft operators. 

(c) ESTABLISHMENT.—No later than 1 year after the date of enactment of this Act, 

the Secretary of Commerce shall establish a civil space situational awareness program (in this section, referred to as the ‘‘Program’’) to provide space situational 

awareness services and information to, and obtain space situational awareness data 

and information from, eligible entities described under subsection (f), in accordance 

with this section. 

(d) CONSULTATION.—In developing the Program, the Secretary of Commerce shall 

consult with— 

(1) other Federal departments and agencies, as the Secretary considers appropriate; and 

(2) the United States private sector and academia. 

(e) TRANSITION PLAN.— 

(1) IN GENERAL.—Not later than 6 months after the date of the enactment of 

this Act, the Secretary of Commerce and the Secretary of Defense, in coordination with relevant Federal agencies, shall jointly submit a transition plan to the 

appropriate committees of Congress for the transfer to the Department of Commerce of the provision of space situational awareness services and information 

performed under section 2274 of title 10, United States Code, as of the day before the date of the enactment of this Act. 

(2) CONTENTS.—The transition plan referred to in paragraph (1) shall— 

(A) contain an analysis of how to prevent a gap in the provision of the 

space situational awareness services and information referred to in such 

paragraph; 

(B) identify the capabilities the Department of Commerce requires to provide such services and information, including— 

(i) workforce, facilities, and training; 

(ii) the cost of such capabilities; and 

(iii) the estimated effective date for such capabilities; and 

(C) describe the structure of any partnership with a commercial or international entity or entities in which the Department of Commerce may enter 

for purposes of providing such services and information. 

(f) ELIGIBLE ENTITIES.—The Secretary may provide services and information 

under the Program to, and may obtain data and information from, an entity, including any of the following: 

(1) A State. 

(2) A political subdivision of a State. 

(3) A United States commercial entity. 

(4) The government of a foreign country. 

(5) A foreign commercial entity. 

(g) USER FEES.— 

(1) NO FEE FOR BASIC SET.—In providing space situational awareness services 

and information under the Program, the Secretary shall provide a basic set of 

such services and information, as determined by the Secretary, without charging a user fee. 

(2) ADDITIONAL SERVICES AND INFORMATION.—The Secretary is authorized to 

charge a reasonable user fee for any additional space situational awareness 

services and information not provided under paragraph (1). 

(3) STATUTORY CONSTRUCTION.—Nothing in this subsection shall be construed 

to preclude private sector entities from charging a user fee for providing space 

situational awareness services and information. 

(h) QUALITY OF SERVICES AND INFORMATION.—The Program shall provide space 

situational awareness services and information that are as good as or better than 

the services and information provided pursuant to section 2274 of title 10, United 

States Code, as determined by the Secretary. 

(i) SPACE SITUATIONAL AWARENESS DATA TESTBED.—In carrying out the Program, 

the Secretary shall provide for a space situational awareness data testbed to facilitate innovation in the use of space situational awareness data to support space situational awareness services that may be provided by the Federal Government or the 


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private sector. The testbed shall allow the public to access such space situational 

awareness data, including United States Government data, as the Secretary considers appropriate. The Secretary shall place conditions on such data in consultation 

with appropriate Federal departments and agencies to protect United States national security and foreign policy interests. 

(j) PROMOTING PRIVATE SECTOR SOLUTIONS.—The Secretary shall facilitate and 

promote opportunities for United States private sector providers of space situational 

awareness data, information, and services to participate in and contribute to the 

Program. 

(k) ROLE OF NASA.—In implementing and carrying out the Program, the Secretary of Commerce may use, on a reimbursable basis and to the greatest extent 

practicable, NASA’s existing infrastructure, workforce, and experience relating to 

space situational awareness, including conjunction assessments that NASA provides 

for NASA robotic and crewed operations. 

(l) OTHER FEDERAL AGENCIES.—In implementing and carrying out the Program, 

the Secretary of Commerce may leverage existing workforce and experience of other 

Federal agencies relating to space situational awareness for the training of staff and 

other needs, as determined by the Secretary. 

(m) IMMUNITY.—The United States, any agencies and instrumentalities thereof, 

including the Department of Commerce and NASA, and any individuals, firms, corporations, and other persons acting for the United States, shall be immune from any 

suit in any court for any cause of action arising from the provision or receipt of 

space situational awareness services or information, whether or not provided in accordance with this section, or any related action or omission. 

(n) QUARTERLY BRIEFING.—The Department of Commerce and NASA shall brief 

the appropriate committees of Congress quarterly, beginning on the date that is 3 

months after the date of enactment of this Act, on the status of, and all progress, 

changes, and other developments related to, carrying out the Program. 

(o) PROGRAM USERS.—The Secretary shall, to the maximum extent feasible and 

as soon as is practicable after the establishment of the Program, engage with and 

solicit feedback from stakeholders that are contributors to or recipients of space situational awareness services and information under the Program in order to, at a 

minimum, receive practical information on the effectiveness of the Program and receive recommendations on how to improve the Program. 

(p) STATUTORY CONSTRUCTION.—Nothing in this section may be construed to modify any other authorities for the Federal Government to provide space situational 

awareness services and information to the public. 

(q) FUNDING.—The Secretary shall devote no less than $20,000,000 to carry out 

this section for each of fiscal years 2019 through 2023, subject to the availability 

of appropriations, to come from amounts made available for the Office of the Secretary. This section shall be carried out using funds otherwise appropriated by law 

after the date of enactment of this Act. 

SEC. 5. SPACE TRAFFIC MANAGEMENT FRAMEWORK. 

(a) FINDINGS.—Congress finds the following: 

(1) The United States has the capability to rapidly develop voluntary civil 

space traffic coordination guidelines, practices, and standards. 

(2) It is in the national interest that the United States leads the world in the 

development of voluntary civil space traffic coordination guidelines, practices, 

and standards in cooperation with the private sector in the United States. 

(3) The United States should promote the international adoption of such civil 

space traffic coordination guidelines, practices, and standards developed in the 

United States. 

(4) Establishing voluntary civil space traffic coordination guidelines, practices, 

and standards is an important first step in developing a comprehensive space 

traffic management framework. 

(b) POLICY.—It is the policy of the United States to timely develop voluntary civil 

space traffic coordination guidelines, practices, and standards to ensure a safe operational environment. 

(c) VOLUNTARY CIVIL SPACE TRAFFIC COORDINATION GUIDELINES, PRACTICES, AND

STANDARDS.— 

(1) IN GENERAL.—The Secretary of Commerce shall, in consultation with appropriate governmental and nongovernmental entities, promote the development of voluntary civil space traffic coordination guidelines, practices, and 

standards to ensure a safe operational environment and inform development of 

a comprehensive space traffic management framework. 

(2) GUIDELINES.— 

(A) IN GENERAL.—Not later than 1 year after the date of the enactment 

of this Act, the Secretary of Commerce shall publish voluntary civil space 


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traffic coordination guidelines. Such guidelines shall be developed in consultation with other relevant Federal agencies, domestic private entities (including entities in the commercial sector and institutions of higher education (as such term is defined in section 101 of the Higher Education Act 

of 1965 (20 U.S.C. 1001))). 

(B) PUBLIC COMMENT.—To facilitate and assure ample opportunity for 

input from domestic private entities specified in subparagraph (A), during 

the period in which the development of the guidelines under such subparagraph occurs, the Secretary of Commerce shall allow for a public comment 

period to identify key issues, trends, and needs that should be addressed 

during the period of that development. 

(C) USE OF GUIDELINES.—Federal agencies operating spacecraft shall, to 

the extent practicable and taking into account the national security interests of the United States in operating such spacecraft, follow the guidelines 

issued under subparagraph (A). 

(d) PILOT PROGRAM.— 

(1) IN GENERAL.—Not later than 18 months after the date of enactment of this 

Act, the Secretary of Commerce shall establish a civil space traffic coordination 

pilot program under which the Secretary will, using the guidelines, practices, 

and standards developed under subsection (c) to the greatest extent practicable, 

facilitate communication, coordination, negotiation, and resolution among domestic and international civil spacecraft operators (including governmental and 

private entities operating such spacecraft) for the purposes of improving the 

safety of spaceflight. The Secretary shall, to the greatest extent practicable, 

incentivize participation in the pilot program. Nothing in the preceding sentence shall be construed as requiring a private entity to participate in such pilot 

program. 

(2) PUBLIC COMMENT.—Before establishing the pilot program under this subsection, the Secretary of Commerce shall publish information about the program’s details in the Federal Register and allow for public comment for a reasonable period that ends before the date of such establishment. 

(3) DURATION.—The authority to carry out the pilot program under this subsection shall terminate on the date that is 5 years after the pilot program under 

paragraph (1) is established. 

(4) PILOT PROGRAM PARTICIPANTS.—The Secretary shall, to the maximum extent feasible and as soon as is practicable after the date on which the pilot program is established under paragraph (1), engage with and solicit feedback from 

pilot program participants, in order to, at minimum, receive practical information on the effectiveness of the pilot program and receive recommendations on 

how to improve the pilot program. 

(5) FUNDING.—The Secretary of Commerce shall devote no less than 

$5,000,000 for each of fiscal years 2019 through 2023 to carry out this subsection, subject to the availability of appropriations, to come from amounts 

made available for the Office of the Secretary. This subsection shall be carried 

out using funds otherwise appropriated by law after the date of enactment of 

this Act. 

(e) REPORTS.— 

(1) SPACE TRAFFIC COORDINATION STANDARDS.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Commerce shall submit 

to the appropriate committees of Congress a report on the role the Department 

of Commerce, including the National Institute of Standards and Technology, 

will have in the development of civil space traffic coordination standards for 

purposes of promoting innovation and the competitiveness of the United States. 

(2) REPORT ON NEXT STEPS FOR SPACE TRAFFIC MANAGEMENT FRAMEWORK.— 

Beginning not later than 1 year after the date of the enactment of this Act and 

every 2 years thereafter, the Secretary of Commerce shall submit to the appropriate committees of Congress a report on, for the period covered by the report— 

(A) the state of domestic and international civil space traffic management, including voluntary or legally binding guidelines, practices, and 

standards; and 

(B) the Secretary’s recommendations on what steps should be taken by 

the United States to facilitate— 

(i) further development and adoption of the guidelines, practices, and 

standards developed under subsection (c); 

(ii) coordination carried out pursuant to subsection (d); and 

(iii) development of a comprehensive space traffic management 

framework. 


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COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

The purpose of H.R. 6226, the ‘‘American Space Situational 

Awareness and Framework for Entity Management Act,’’ or the 

‘‘American Space SAFE Management Act,’’ is to direct the Secretary of Commerce to provide for civil space situational awareness 

services and information by establishing a space traffic management framework to ensure a safe operating environment and to 

promote U.S. leadership in space. 

BACKGROUND AND NEED FOR LEGISLATION

The space environment is critical to the interests of the United 

States. The United States utilizes space for national security, 

Earth observation, telecommunications (including financial transactions, internet, telephone, data transfer, and television), navigation, scientific and human exploration, and economic development. 

Therefore, it is in the national interest to ensure the safety of the 

space environment through coherent and thoughtful space situational awareness (SSA) and space traffic management (STM) policy. 

SSA refers to the current and predictive knowledge of the space 

environment in which operations occur. Effective SSA provides accurate information, giving operators the ability to predict and avoid 

collisions in space. Having effective SSA is crucial not only because 

of the possibility of losing a critical space asset but also because of 

the devastating follow-on effects of an outer space collision. Both 

accidents and intentional destructive events can produce large 

quantities of orbital debris that can cause subsequent collisions, 

threatening space assets for years to come. 

The U.S. Department of Defense maintains the world’s most extensive orbital tracking network. As of 2014, their database follows 

roughly 23,000 objects in space measuring 10 cm in diameter or 

larger. Currently, objects smaller than 10 cm cannot reliably be 

tracked because they are too small to follow consistently. Scientists 

estimate that about 500,000 bits of debris measuring 1 to 10 cm 

orbit Earth, and that millions smaller than 1 cm may exist. Objects 

in orbit around Earth travel at an extremely high speed, between 

3.1 kilometers per second (7,000 miles per hour) and 7 kilometers 

per second (15,600 miles per hour), on average. Due to their high 

velocity, even very small objects can cripple or destroy working 

spacecraft and endanger astronauts. 

Private and public entities are building extensive satellite constellations, with hundreds or even thousands of satellites, increasing the complexity of space activity and potential for disastrous collisions. Maintaining safety in this environment requires a robust 

SSA framework. The Department of Defense will continue its role 

in SSA activities by maintaining its catalog of space objects but is 

eager to transfer SSA information management and services to the 

appropriate civilian agency, the Department of Commerce. This 

transition would greatly improve access to SSA data and services 

in the United States and promote a safer operational environment 

in space. 

STM is the second component of ensuring a safe operational orbital environment. Given the complexity of the outer space environVerDate Sep 11 2014 00:45 Jan 04, 2019 Jkt 089006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1106P1.XXX HR1106P1

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ment, including the activity of public and private entities from over 

50 spacefaring nations, establishing safe and predictable behaviors 

is essential to mitigating risks. This is especially true given the 

emergence of proximity operations, such as satellite servicing. Establishing policy and best practices framework sets the example for 

the rest of the world, fostering collaboration while maintaining 

American leadership. 

Effective SSA and STM are vital to safe operations in space, particularly for operators and their spacecraft. Establishing a 

proactive policy ensures the safety of public and private assets, promotes national security interests, and demonstrates continued 

American leadership in space. 

LEGISLATIVE HISTORY

During the 113th, 114th and 115th Congresses, the House Committee on Science, Space, and Technology held six hearings and 

three markups relevant to H.R. 6226. 

On Wednesday, November 20, 2013, the Subcommittee on Space 

held a hearing titled, ‘‘Commercial Space,’’ to examine ways in 

which companies are utilizing federal support and government policies to grow their commercial business in space launch, communications, GPS, remote sensing, weather monitoring, suborbital 

tourism, scientific research, and human spaceflight. The witnesses 

discussed policies contained in H.R. 3038, the ‘‘Suborbital and Orbital Advancement and Regulatory Streamlining Act,’’ or ‘‘SOARS 

Act.’’ The Subcommittee heard testimony from the Honorable Kevin 

McCarthy, Member and Majority Whip of the U.S. House of Representatives; Ms. Patricia Cooper, President of the Satellite Industry Association; Mr. Stuart Witt, Chief Executive Officer and General Manager of the Mojave Air and Space Port; and Mr. Dennis 

Tito, Chairman of the Inspiration Mars Foundation. 

On Tuesday, February 4, 2014, the Subcommittee on Space held 

a hearing titled, ‘‘Necessary Updates to the Commercial Space 

Launch Act,’’ to discuss the growth of the commercial space industry since the passage of the Commercial Space Launch Act (CSLA) 

of 1984. The CSLA provided authority to the Federal Aviation Administration (FAA) to license launches and indemnify launch providers from third-party claims should an accident occur. The law 

also provides a framework for the FAA’s regulatory authority. The 

hearing examined the various changes in the industry and what, 

if any, accompanying changes to the CSLA may be needed going 

forward. The Subcommittee heard testimony from Dr. George 

Nield, Associate Administrator for Commercial Space Transportation at the Federal Aviation Administration; Dr. Alicia Cackley, 

Director of Financial Markets and Community Investment Team at 

the Government Accountability Office; and Dr. Henry Hertzfeld, 

Research Professor of Space Policy and International Affairs at the 

Elliot School of International Affairs at George Washington University. 

On Friday, May 9, 2014, the Subcommittee on Space held a hearing titled, ‘‘Space Traffic Management: How to Prevent a Real Life 

‘Gravity’,’’ to explore the roles and responsibilities of the Department of Defense, FAA, and the Federal Communications Commission (FCC) in policing orbital debris, what authorities are currently 

granted by Congress to federal agencies, and how the coordinate 


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these activities. The Subcommittee heard testimony from Lt. Gen. 

John ‘‘Jay’’ Raymond, Commander of the 14th Air Force of the Air 

Force Space Command, and Commander of the Joint Functional 

Component Command for Space of the U.S. Strategic Command; 

Mr. George Zamka, Deputy Associate Administrator of the Office of 

Commercial Space Transportation at the Federal Aviation Administration; Mr. Robert Nelson, Chief Engineer at the International Bureau of the Federal Communications Commission; Mr. P.J. Blount, 

Adjunct Professor of Air and Space Law at the University of Mississippi School of Law; and Mr. Brian Weeden, Technical Advisor 

at the Secure World Foundation. 

On Wednesday, May 13, 2015, the Committee met to consider 

H.R. 2262, the ‘‘Spurring Private Aerospace Competitiveness and 

Entrepreneurship Act of 2015.’’ H.R. 2262 facilitates a pro-growth 

environment for the developing commercial space industry by encouraging private sector investment and creating more stable and 

predictable regulatory conditions. Several reporting requirements 

were due under this Act regarding licensing of space vehicles. This 

Act became law on November 25, 2015 (P.L. 114–90). 

On Tuesday, April 19, 2016, the Subcommittee on Space held a 

hearing titled, ‘‘The Commercial Space Launch Industry: Small 

Satellite Opportunities and Challenges,’’ to examine the current 

state of the small satellite commercial launch industry. The hearing highlighted the contributions and impacts of the commercial 

space launch industry, as well as NASA’s Launch Services Program 

for the acquisition and program management of expendable launch 

vehicle (ELV) missions. Service providers and small satellite 

launch vehicles, including the use of reusable vehicles, were also 

discussed. The Subcommittee heard testimony from Mr. Elliot 

Pulham, Chief Executive Officer of the Space Foundation; and Mr. 

Eric Stallmer, President of the Commercial Spaceflight Federation. 

On Friday, September 16, 2016, the Committee received from the 

Department of Transportation the report due pursuant to Section 

110 of H.R. 2262, the ‘‘U.S. Commercial Space Launch Competitiveness Act,’’ on the feasibility of processing space situational awareness data and information. The report included findings on the expanded demand for SSA data, and the recommendation that a civil 

agency should process and release such data. 

On Wednesday, March 8, 2017, the Subcommittee on Space held 

a hearing titled, ‘‘Regulating Space: Innovation, Liberty, and International Obligations,’’ to examine U.S. international obligations in 

light of new and innovative space activities. The hearing reviewed 

the authorization and continued supervision of non-governmental 

activities in space per the Outer Space Treaty. The licensing of 

launch and re-entry vehicles and sites by the FAA was also discussed. The Subcommittee heard testimony from Ms. Laura Montgomery, Attorney and Sole Proprietor of Ground Based Space Matters, LLC; Dr. Eli Dourado, Senior Research Fellow and Director 

of the Technology Policy Program at the Mercatus Center at 

George Mason University; Mr. Doug Loverro, Former Deputy Assistant Secretary of Defense for Space Policy; Mr. Dennis J. Burnett, Adjunct Professor of Law at the University of Nebraska—Lincoln College of Law; and Dr. Henry B. Hogue, Specialist in American National Government at the Congressional Research Service. 


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On Thursday, June 8, 2017, the Committee met to consider H.R. 

2809, the ‘‘American Space Commerce Free Enterprise Act of 

2017.’’ H.R. 2809 provides a transparent U.S. authorization and supervision certification process for non-governmental space activities 

that generates certainty for stakeholders and complies with Outer 

Space Treaty obligations and national security concerns in the least 

disruptive way possible. H.R. 2809 also improves the international 

competitiveness of the U.S. by reforming the burdensome and inefficient space-based remote sensing regulatory system. 

On Monday, July 10, 2017, the Committee received from NASA 

the report due pursuant to Section 839(b)(1) of P.L. 115–10, the 

‘‘NASA Transition Authorization Act of 2017,’’ regarding the status 

of efforts to coordinate with foreign countries within the InterAgency Space Debris Coordination Committee (IADC) to mitigate 

the effects and growth of orbital debris. The report included existing orbital debris mitigation guidelines derived from the 2001 U.S. 

Government Orbital Debris Mitigation Standard Practices 

(ODMSP), as well as recent efforts by the Department of Defense 

to improve its SSA capabilities. 

On Monday, August 14, 2017, the Committee received from the 

Office of Science and Technology Policy (OSTP) the report due pursuant to Section 839(b)(2) of P.L. 115–10, the ‘‘NASA Transition 

Authorization Act of 2017,’’ regarding the status of an orbital debris mitigation strategy. The report included orbital debris mitigation efforts in the United States and the IADC, as well as NASA’s 

recent efforts to coordinate with the IADC member agencies to 

mitigate the effects and growth of orbital debris. 

On Friday, October 20, 2017, the Committee received from the 

Department of Transportation and NASA the report due pursuant 

to Section 113 of H.R. 2262, the ‘‘U.S. Commercial Space Launch 

Competitiveness Act,’’ regarding the streamlining of commercial 

space launch activities. The report included a description of the 

process for the application and approval of a permit or license, current efforts to coordinate across executive agencies, and recommendations for legislation to improve efficiency in the licensing 

of space launch activities. 

On Friday, June 22, 2018, the Subcommittee on Space of the 

Committee on Science, Space, and Technology with the Subcommittee on Strategic Forces of the Committee on Armed Services 

held a hearing titled, ‘‘Space Situational Awareness: Whole of Government Perspectives on Roles and Responsibilities.’’ The hearing 

assessed and reviewed the roles and responsibilities of the particular departments and agencies that execute SSA missions, the 

growing role of civil and commercial actors as they impact future 

SSA missions, and the Administration’s new Space Traffic Management Policy laid out in Space Policy Directive-3 (SPD–3). The Subcommittees heard testimony from the Honorable Wilbur Ross, Secretary of Commerce at the Department of Commerce; the Honorable Jim Bridenstine, Administrator of NASA; and General John 

Hyten, Commander of U.S. Strategic Command. 

On Wednesday, June 27, 2018, the Committee met to consider 

H.R. 6226, the ‘‘American Space SAFE Management Act.’’ 


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COMMITTEE VIEWS

The Committee recognizes that there is a need for timely legislative action to address two major policy concerns. First, there is a 

sense of urgency to relieve the Department of Defense of civil SSA 

services and information obligations and to improve the existing 

SSA services and information provided by the government. Second, 

a proliferation in the number and types of private satellite and 

spacecraft operations in critical Earth orbits, such as non-geostationary orbits in the low- and medium-Earth orbit regimes, requires the development of an STM framework. 

H.R. 6226 addresses these policy concerns by establishing in law 

an STM framework comprised of three foundations: science and 

technology; space situational awareness; and space traffic coordination. 

Science and Technology 

The first foundation is science and technology. Section 3 of H.R. 

6226 directs the Administration to establish an SSA science and 

technology plan. Today, there is no organized effort in the Executive Branch to coordinate and prioritize Federal research and development investments that would improve the state of civil SSA 

science and technologies. Furthermore, there is no policy to recognize, leverage, and work with U.S. private sector parties conducting 

independent research and development efforts. H.R. 6226 remedies 

these deficiencies. 

The need for coordinating and improving the research and development efforts of the United States are two-fold. There is a need 

for basic research to better inform SSA and traffic coordination activities. Examples of basic research that needs to be conducted includes space environment modeling, orbital debris in-situ measurements, an understanding of how materials change in the space environment, and software and associated data analytics. There is 

also a need for applied research and development to improve spacecraft, SSA activities, and space traffic coordination activities, including hardware to enhance knowledge of spacecraft location and 

software to enhance analysis of SSA data. 

Space Situational Awareness 

Pursuant to 10 U.S.C. 2274, the Department of Defense may provide civilian SSA information and services. The Department of Defense has provided such information and services for a decade. 

On June 18, 2018, President Trump signed National Space Policy 

Directive-3. Pursuant to this directive, the Department of Commerce will make space safety data and services available to the 

public, while the Department of Defense maintains the authoritative catalog of space objects. 

On Friday, June 22, 2018, the Subcommittee on Space of the 

Committee on Science, Space, and Technology with the Subcommittee on Strategic Forces of the Committee on Armed Services 

held a hearing titled, ‘‘Space Situational Awareness: Whole of Government Perspectives on Roles and Responsibilities.’’ At this hearing, General John Hyten, Commander of U.S. Strategic Command, 

testified that the Department of Defense supports the Department 


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of Commerce taking over existing Department of Defense responsibilities for civilian SSA information and services. 

The Committee agrees with President Trump and General 

Hyten. The Department of Commerce should be responsible for providing civil SSA information and services. Relieving the Department of Defense of this burden will positively influence the national security equities of the United States. 

In carrying out its space situational awareness program, the Department of Commerce will provide a basic service to the public 

free of user fees. The Committee chooses not to define a ‘‘basic 

service’’ in statute so that the Secretary of Commerce has the discretion to make that determination to best meet U.S. national interests. The sufficiency of private sector data, service, and information providers to meet both broader U.S. national public interests 

and the needs of private sector consumers is particularly relevant 

to the question of the scope of a basic service. The Committee recognizes the importance of facilitating private sector solutions and 

does not believe SSA data, service, or information is an inherently 

government function. However, the Committee also recognizes 

there is uncertainty as to whether a private market can adequately 

address the needs of space operators or the broader national interest in ensuring a safe operational environment in outer space. 

In discussions with the Committee, stakeholders raised the need 

to have access to underlying SSA data. Stakeholders have reasoned 

that such access is necessary for several reasons, including calibrating and validating services and information derived from such 

data, using the data to improve fundamental science and understanding of SSA, and leveraging the data to provide private valueadded information and services. The Committee supports, in principle, that certain types of SSA data should be available to certain 

classes of users subject to appropriate conditions to protect U.S. national security and foreign policy interests, or as appropriate to address proprietary concerns with private sector data providers that 

contract with the U.S. Government. The SSA testbed is intended 

to address this deficiency in the existing Department of Defense 

program. 

Space Traffic Coordination and the Development of a Space Traffic 

Management Framework 

Space traffic coordination, on a voluntary basis, is a necessary 

first step towards the development of a more comprehensive STM 

framework. There is a need for space operators to develop technical, manufacturing, and operational standards in order to facilitate more effective coordination. The Department of Commerce 

should work collaboratively with industry to facilitate the development of such standards. 

The Committee assessed the historical example of space debris 

mitigation guidelines and practices developed during the 1980s and 

1990s by the U.S. Government. The Committee believes that the 

U.S. Government should take a leadership role by promulgating 

U.S. Government civil space traffic coordination guidelines that can 

be applied on a voluntary basis by the private sector. 


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SECTION-BY-SECTION

Section 1. Short title 

This section establishes the short title of the bill as the ‘‘American Space Situational Awareness and Framework for Entity Management Act, or the ‘‘American Space SAFE Management Act.’’ 

Section 2. Definitions 

This section defines the terms ‘‘appropriate committees of Congress’’ and ‘‘NASA.’’ 

Section 3. National Civil Space Situational Awareness and Space 

Traffic Management Science and Technology plan 

This section requires NASA to develop and submit to Congress 

a national civil SSA and STM science and technology plan within 

180 days of enactment; NASA is to update and resubmit the plan 

every five years. Each annual budget request to Congress is to include activities to implement the plan. Further, this section establishes a Center for Civil Space Situational Awareness and Space 

Traffic Management Science and Technology Excellence, with authorized appropriations of $2 million from NASA funds for each of 

fiscal years 2019 through 2023. 

Section 4. Civil Space Situational Awareness program 

This section directs the Department of Commerce to establish a 

civil SSA program within one year of enactment to provide SSA 

services and information (‘‘Program’’). There is to be no user fee for 

a basic set of such data, and the Secretary has the authority to 

charge a reasonable fee for additional services and information. 

The Program includes an SSA data testbed to facilitate innovation 

and utilization of such data. Private sector access and involvement, 

as well as leveraging NASA’s resources, are encouraged. The Department of Commerce, with NASA, is to brief Congress on the program quarterly, beginning three months after enactment. The Department of Commerce and the Department of Defense, within six 

months after enactment, will submit to Congress a transition plan 

for the transfer of SSA services and information, currently performed by the Department of Defense, to Department of Commerce. 

The Program is authorized $20 million in appropriations for each 

of fiscal years 2019 through 2023. 

Section 5. Space Traffic Management framework 

This section directs the Department of Commerce to develop voluntary civil space traffic coordination guidelines, practices, and 

standards within one year of enactment. Such standards will ensure a safe operational environment, facilitate the development of 

industry standards, maintain U.S. leadership, and promote international adoption of civil space traffic coordination guidelines and 

practices. This section also establishes a civil space traffic coordination pilot program to facilitate communication, coordination, negotiation, and resolution among domestic and international civil 

spacecraft operators to improve the safety of spaceflight and operations. The authority to carry out the pilot program will terminate 

five years after the pilot program is established. The program is 

authorized $5 million in appropriations for each of fiscal years 2019 


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through 2023. A report is due from the Department of Commerce 

within 180 days of enactment on the role that they, with the National Institute of Standards and Technology, will have facilitating 

the development of civil space traffic coordination standards. Beginning one year after enactment, and every two years thereafter, 

the Secretary of Commerce is to submit a report on domestic and 

international STM frameworks and recommendations to facilitate 

further development. 

EXPLANATION OF AMENDMENTS

A manager’s amendment, offered by Chairman Lamar Smith, 

was approved by voice vote. The amendment directs the Department of Commerce and the Department of Defense, within six 

months of enactment, to submit to Congress a transition plan for 

the transfer to Department of Commerce SSA services and information currently performed by the Department of Defense. The 

amendment also affirms that the Secretary of Commerce may leverage the existing workforce and experience of other Federal agencies relating to SSA for the training of staff and other needs as determined. Further, the amendment directs the Secretary of Commerce to make recommendations to Congress on what steps should 

be taken to facilitate development of a comprehensive STM framework. 

An amendment in the nature of a substitute, offered by Representative Eddie Bernice Johnson, was defeated by a roll call vote 

of 13–17. 

COMMITTEE CONSIDERATION

On June 26, 2018, the Committee met in open session and ordered reported favorably the bill, H.R. 6226, as amended, by voice 

vote, a quorum being present. 

ROLL CALL VOTES


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APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. H.R. 6226 directs the Secretary of 

Commerce to provide for civil space situational awareness services 

and information by establishing a space traffic management framework to ensure a safe operating environment and to promote U.S. 

leadership in space. As such this bill does not relate to employment 

or access to public services and accommodations. 

Legislative branch employees and their families, to the extent 

that they are otherwise eligible for the benefits provided by this 

legislation, have equal access to its benefits. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

H.R. 6226, the American Space SAFE Management Act, will ensure a safe operating environment and promote continued U.S. 

leadership in space. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 6226 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting H.R. 6226 does not direct 

the completion of any specific rule makings within the meaning of 

5 U.S.C. 551. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 


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EARMARK IDENTIFICATION

H.R. 6226 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

6226. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

H.R. 6226 from the Director of Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 20, 2018. 

Hon. LAMAR SMITH, 

Chairman, Committee on Science, Space, and Technology, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6226, the American Space 

Situational Awareness and Framework for Entity Management 

Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Janani Shankaran, 

Stephen Rabent, and Sophie Godfrey-McKee. 

Sincerely, 

MARK P. HADLEY

(For Keith Hall, Director). 

Enclosure. 

H.R. 6226—American Space Situational Awareness and Framework 

for Entity Management Act 

Summary: H.R. 6226 would direct the National Aeronautics and 

Space Administration (NASA) and the Department of Commerce 

(DOC) to implement programs in space situational awareness and 

traffic management. CBO estimates that implementing H.R. 6226 

would cost $127 million over the 2019–2023 period, assuming appropriation of the authorized amounts. 

Enacting H.R. 6226 could affect direct spending; therefore, payas-you-go procedures apply. The bill would authorize DOC to 


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charge user fees, which would be recorded in the budget as reductions in direct spending. How, when, or whether the proposed fees 

would be collected is unclear; as a result, CBO has no basis to estimate the bill’s effect on direct spending. The bill would not affect 

revenues. 

CBO estimates that enacting H.R. 6226 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 6226 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 6226 is shown in the following table. The costs 

of the legislation fall within budget functions 250 (general science, 

space and technology) and 370 (commerce and housing credit). 

By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2019– 

2023 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Department of Commerce: 

Authorization Level .......................................................... 0 25 25 25 25 25 125 

Estimated Outlays ........................................................... 0 22 24 24 24 24 118 

National Aeronautics and Space Administration: 

Authorization Level .......................................................... 0 2 2 2 2 2 10 

Estimated Outlays ........................................................... 0 1 2 2 2 2 9 

Total: 

Authorization Level ................................................. 0 27 27 27 27 27 135 

Estimated Outlays .................................................. 0 23 26 26 26 26 127 

Basis of estimate: For this estimate, CBO assumes that H.R. 

6226 will be enacted near the end of 2018 and that the authorized 

amounts will be appropriated in each year. Estimated outlays are 

based on historical spending patterns for the affected activities. 

CBO estimates that implementing H.R. 6226 would cost $127 

million over the 2019–2023 period, assuming appropriation of the 

authorized amounts. 

Department of Commerce 

H.R. 6226 would direct DOC to establish a program that provides 

basic space situational awareness information to commercial entities, states, and foreign governments. (The Department of Defense 

currently operates a similar program.) The bill also would require 

DOC to establish a pilot program to implement voluntary civil 

space traffic coordination guidelines. 

The bill would authorize the appropriation of $20 million annually to implement the civil space situational awareness program, 

and an additional $5 million annually to develop and implement 

the pilot program. CBO estimates that implementing those provisions would cost $118 million over the 2019–2023 period. 

National Aeronautics and Space Administration 

H.R. 6226 would direct NASA to establish a research center to 

promote research on civil space situational awareness and traffic 

management. The bill would authorize the appropriation of $2 million annually to establish and support this research center. CBO 

estimates that implementing this provision would cost $9 million 

over the 2019–2023 period. 


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Other Provisions 

H.R. 6226 would direct NASA to submit to the Congress a plan 

for civil space situational awareness and space traffic management. 

The bill also would require DOC to publish voluntary guidelines for 

civil space traffic coordination and to submit various reports to the 

Congress. Based on the costs of similar tasks, CBO estimates that 

implementing those provisions would cost less than $500,000. 

Pay-As-You-Go considerations: The bill would authorize DOC to 

charge a user fee for providing certain civil space situational 

awareness services, beyond a basic set of such services and information. Those user fee collections would be recorded in the budget 

as reductions in direct spending. CBO has no information on 

whether or how DOC would collect any user fees, who might pay 

the fee, or when it would be imposed. Thus, CBO has no basis to 

estimate the direct spending effects of the bill. The bill would not 

affect revenues. 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 6226 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2029. 

Mandates: H.R. 6226 contains no intergovernmental or privatesector mandates as defined in UMRA. 

Estimate prepared by: Federal costs: Janani Shankaran, Stephen 

Rabent, and Sophie Godfrey-McKee; Mandates: Jon Sperl. 

Estimate reviewed by: Kim P. Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, Deputy 

Assistant Director for Budget Analysis. 

Æ 


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