[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3658 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 3658
_______________________________________________________________________
AN ACT
To promote space situational awareness and space traffic coordination
and to modify the functions and leadership of the Office of Space
Commerce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Situational Awareness of Flying
Elements in Orbit Act'' or the ``SAFE Orbit Act''.
SEC. 2. SPACE SITUATIONAL AWARENESS AND SPACE TRAFFIC COORDINATION.
(a) In General.--The Secretary of Commerce shall facilitate safe
operations in space and encourage the development of commercial space
capabilities by acquiring and disseminating unclassified data,
analytics, information, and services on space activities.
(b) Immunity.--The United States, any agencies and
instrumentalities thereof, and any individuals, firms, corporations,
and other persons acting for the United States, including
nongovernmental entities, 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.
(c) Acquisition of Data.--The Assistant Secretary of Commerce for
Space Commerce (established under section 50702(b) of title 51, United
States Code, as amended by section 3) is authorized to acquire--
(1) data, analytics, information, and services, including
with respect to--
(A) location tracking data;
(B) positional and orbit determination information;
and
(C) conjunction data messages; and
(2) such other data, analytics, information, and services
as the Secretary of Commerce determines necessary to avoid
collisions of space objects.
(d) Database on Satellite Location and Behavior.--The Assistant
Secretary of Commerce for Space Commerce shall provide access for the
public, at no charge, a fully updated, unclassified database of
information concerning space objects and behavior that includes--
(1) the data and information acquired under subsection (c),
except to the extent that such data or information is
classified or a trade secret (as defined in section 1839 of
title 18, United States Code); and
(2) the provision of basic space situational awareness
services and space traffic coordination based on the data
referred to in paragraph (1), including basic analytics,
tracking calculations, and conjunction data messages.
(e) Basic Space Situational Awareness Services.--The Assistant
Secretary of Commerce for Space Commerce--
(1) shall provide to satellite operators, at no charge,
basic space situational awareness services, including the data,
analytics, information, and services described in subsection
(c);
(2) in carrying out paragraph (1), may not compete with
private sector space situational awareness products, to the
maximum extent practicable; and
(3) not less frequently than every 3 years, shall review
the basic space situational awareness services described in
paragraph (1) to ensure that such services provided by the
Federal Government do not compete with space situational
awareness services offered by the private sector.
(f) Requirements for Data Acquisition and Dissemination.--In
acquiring data, analytics, information, and services under subsection
(c) and disseminating data, analytics, information, and services under
subsections (d) and (e), the Assistant Secretary of Commerce for Space
Commerce shall--
(1) leverage commercial capabilities to the maximum extent
practicable;
(2) prioritize the acquisition of data, analytics,
information, and services from commercial industry located in
or licensed in the United States to supplement data collected
by United States Government agencies, including the Department
of Defense and the National Aeronautics and Space
Administration;
(3) appropriately protect proprietary data, information,
and systems of firms located in the United States, including by
using appropriate infrastructure and cybersecurity measures,
including measures set forth in the most recent version of the
Cybersecurity Framework, or successor document, maintained by
the National Institute of Standards and Technology;
(4) facilitate the development of standardization and
consistency in data reporting, in collaboration with satellite
owners and operators, commercial space situational awareness
data and service providers, the academic community, nonprofit
organizations, and the Director of the National Institute of
Standards and Technology; and
(5) encourage foreign governments to participate in
unclassified data sharing arrangements for space situational
awareness and space traffic coordination.
(g) Other Transaction Authority.--In carrying out the activities
required by this section, the Secretary of Commerce shall enter into
such contracts, leases, cooperative agreements, or other transactions
as may be necessary.
(h) Space Object Defined.--In this section, the term ``space
object'' means any object launched into space, or created in space,
robotically or by humans, including an object's component parts.
SEC. 3. OFFICE OF SPACE COMMERCE.
(a) Definitions.--
(1) In general.--Section 50701 of title 51, United States
Code, is amended to read as follows:
``Sec. 50701. Definitions
``In this chapter:
``(1) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Commerce for Space Commerce.
``(2) Bureau.--The term `Bureau' means the Bureau of Space
Commerce established under section 50702.
``(3) Orbital debris.--The term `orbital debris'--
``(A) means--
``(i) any human-made space object orbiting
Earth that--
``(I) no longer serves an intended
purpose;
``(II) has reached the end of its
mission; or
``(III) is incapable of safe
maneuver or operation; and
``(ii) a rocket body and other hardware
left in orbit as a result of normal launch and
operational activities; and
``(B) includes fragmentation debris produced by
failure or collision of human-made space objects.
``(4) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(5) Space object.--The term `space object' means any
object launched into space or created in space robotically or
by humans, including the component parts of such an object.
``(6) Space situational awareness.--The term `space
situational awareness' means--
``(A) the identification, characterization,
tracking, and the predicted movement and behavior of
space objects and orbital debris; and
``(B) the understanding of the space operational
environment.
``(7) Space traffic coordination.--The term `space traffic
coordination' means the planning, assessment, and coordination
of activities to enhance the safety, stability, and
sustainability of operations in the space environment.''.
(2) Clerical amendment.--The table of sections for chapter
507 of title 51, United States Code, is amended by striking the
item relating to section 50701 and inserting the following:
``50701. Definitions.''.
(b) Transition of Office to Bureau.--Subsection (a) of section
50702 of title 51, United States Code, is amended by inserting before
the period at the end the following: ``, which, not later than 5 years
after the date of the enactment of this Act, shall be elevated by the
Secretary of Commerce from an office within the National Oceanic and
Atmospheric Administration to a bureau reporting directly to the Office
of the Secretary of Commerce''.
(c) Additional Functions of Bureau.--Subsection (c) of such section
is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) to perform space situational awareness and space
traffic management duties pursuant to the SAFE Orbit Act.''.
(d) Assistant Secretary of Commerce for Space Commerce.--
(1) In general.--Subsection (b) of such section is amended
to read as follows:
``(b) Assistant Secretary.--The Bureau shall be headed by the
Assistant Secretary of Commerce for Space Commerce, who shall--
``(1) be appointed by the President, by and with the advice
and consent of the Senate;
``(2) report directly to the Secretary of Commerce; and
``(3) have a rate of pay that is equal to the rate payable
for level IV of the Executive Schedule under section 5315 of
title 5.''.
(2) Conforming amendments.--
(A) Section 50702(d) of title 51, United States
Code, is amended--
(i) in the subsection heading, by striking
``Director'' and inserting ``Assistant
Secretary''; and
(ii) in the matter preceding paragraph (1),
by striking ``Director'' and inserting
``Assistant Secretary''.
(B) Section 5315 of title 5, United States Code, is
amended by striking ``Assistant Secretaries of Commerce
(11)'' and inserting ``Assistant Secretaries of
Commerce (12)''.
(3) References.--On and after the date of the enactment of
this Act, any reference in any law or regulation to the
Director of the Office of Space Commerce shall be deemed to be
a reference to the Assistant Secretary of Commerce for Space
Commerce.
(e) Transition Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall
submit to the appropriate committees of Congress a report that
sets forth transition and continuity of operations plans for
the functional and administrative transfer of the Office of
Space Commerce from the National Oceanic and Atmospheric
Administration to a bureau reporting to the Office of the
Secretary of Commerce.
(2) Goal.--The goal of transition and continuity of
operations planning shall be to minimize the cost and
administrative burden of establishing the Bureau of Space
Commerce while maximizing the efficiency and effectiveness of
the functions and responsibilities of the Bureau of Space
Commerce, in accordance with this section and the amendments
made by this section.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Science, Space, and Technology
and the Committee on Appropriations of the House of
Representatives.
Passed the Senate December 21 (legislative day, December
16), 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 3658
_______________________________________________________________________
AN ACT
To promote space situational awareness and space traffic coordination
and to modify the functions and leadership of the Office of Space
Commerce, and for other purposes.