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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Situational Awareness 

3 of Flying Elements in Orbit Act’’ or the ‘‘SAFE Orbit 

4 Act’’. 

5 SEC. 2. SPACE SITUATIONAL AWARENESS AND SPACE TRAF6 FIC COORDINATION. 

7 (a) IN GENERAL.—The Secretary of Commerce shall 

8 facilitate safe operations in space and encourage the devel9 opment of commercial space capabilities by acquiring and 

10 disseminating unclassified data, analytics, information, 

11 and services on space activities. 

12 (b) IMMUNITY.—The United States, any agencies and 

13 instrumentalities thereof, and any individuals, firms, cor14 porations, and other persons acting for the United States, 

15 including nongovernmental entities, shall be immune from 

16 any suit in any court for any cause of action arising from 

17 the provision or receipt of space situational awareness 

18 services or information, whether or not provided in accord19 ance with this section, or any related action or omission. 

20 (c) ACQUISITION OF DATA.—The Assistant Secretary 

21 of Commerce for Space Commerce (established under sec22 tion 50702(b) of title 51, United States Code, as amended 

23 by section 3) is authorized to acquire— 

24 (1) data, analytics, information, and services, 

25 including with respect to— 

26 (A) location tracking data; 
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1 (B) positional and orbit determination in2 formation; and 

3 (C) conjunction data messages; and 

4 (2) such other data, analytics, information, and 

5 services as the Secretary of Commerce determines 

6 necessary to avoid collisions of space objects. 

7 (d) DATABASE ON SATELLITE LOCATION AND BE8 HAVIOR.—The Assistant Secretary of Commerce for Space 

9 Commerce shall provide access for the public, at no 

10 charge, a fully updated, unclassified database of informa11 tion concerning space objects and behavior that includes— 

12 (1) the data and information acquired under 

13 subsection (c), except to the extent that such data 

14 or information is classified or a trade secret (as de15 fined in section 1839 of title 18, United States 

16 Code); and 

17 (2) the provision of basic space situational 

18 awareness services and space traffic coordination 

19 based on the data referred to in paragraph (1), in20 cluding basic analytics, tracking calculations, and 

21 conjunction data messages. 

22 (e) BASIC SPACE SITUATIONAL AWARENESS SERV23 ICES.—The Assistant Secretary of Commerce for Space 

24 Commerce— 
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1 (1) shall provide to satellite operators, at no 

2 charge, basic space situational awareness services, 

3 including the data, analytics, information, and serv4 ices described in subsection (c); 

5 (2) in carrying out paragraph (1), may not 

6 compete with private sector space situational aware7 ness products, to the maximum extent practicable; 

8 and 

9 (3) not less frequently than every 3 years, shall 

10 review the basic space situational awareness services 

11 described in paragraph (1) to ensure that such serv12 ices provided by the Federal Government do not 

13 compete with space situational awareness services of14 fered by the private sector. 

15 (f) REQUIREMENTS FOR DATA ACQUISITION AND

16 DISSEMINATION.—In acquiring data, analytics, informa17 tion, and services under subsection (c) and disseminating 

18 data, analytics, information, and services under sub19 sections (d) and (e), the Assistant Secretary of Commerce 

20 for Space Commerce shall— 

21 (1) leverage commercial capabilities to the max22 imum extent practicable; 

23 (2) prioritize the acquisition of data, analytics, 

24 information, and services from commercial industry 

25 located in or licensed in the United States to supple-
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1 ment data collected by United States Government 

2 agencies, including the Department of Defense and 

3 the National Aeronautics and Space Administration; 

4 (3) appropriately protect proprietary data, in5 formation, and systems of firms located in the 

6 United States, including by using appropriate infra7 structure and cybersecurity measures, including 

8 measures set forth in the most recent version of the 

9 Cybersecurity Framework, or successor document, 

10 maintained by the National Institute of Standards 

11 and Technology; 

12 (4) facilitate the development of standardization 

13 and consistency in data reporting, in collaboration 

14 with satellite owners and operators, commercial 

15 space situational awareness data and service pro16 viders, the academic community, nonprofit organiza17 tions, and the Director of the National Institute of 

18 Standards and Technology; and 

19 (5) encourage foreign governments to partici20 pate in unclassified data sharing arrangements for 

21 space situational awareness and space traffic coordi22 nation. 

23 (g) OTHER TRANSACTION AUTHORITY.—In carrying 

24 out the activities required by this section, the Secretary 

25 of Commerce shall enter into such contracts, leases, coop-
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1 erative agreements, or other transactions as may be nec2 essary. 

3 (h) SPACE OBJECT DEFINED.—In this section, the 

4 term ‘‘space object’’ means any object launched into space, 

5 or created in space, robotically or by humans, including 

6 an object’s component parts. 

7 SEC. 3. OFFICE OF SPACE COMMERCE. 

8 (a) DEFINITIONS.— 

9 (1) IN GENERAL.—Section 50701 of title 51, 

10 United States Code, is amended to read as follows: 

11 ‘‘§ 50701. Definitions 

12 ‘‘In this chapter: 

13 ‘‘(1) ASSISTANT SECRETARY.—The term ‘As14 sistant Secretary’ means the Assistant Secretary of 

15 Commerce for Space Commerce. 

16 ‘‘(2) BUREAU.—The term ‘Bureau’ means the 

17 Bureau of Space Commerce established under sec18 tion 50702. 

19 ‘‘(3) ORBITAL DEBRIS.—The term ‘orbital de20 bris’— 

21 ‘‘(A) means— 

22 ‘‘(i) any human-made space object or23 biting Earth that— 

24 ‘‘(I) no longer serves an intended 

25 purpose; 
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1 ‘‘(II) has reached the end of its 

2 mission; or 

3 ‘‘(III) is incapable of safe maneu4 ver or operation; and 

5 ‘‘(ii) a rocket body and other hard6 ware left in orbit as a result of normal 

7 launch and operational activities; and 

8 ‘‘(B) includes fragmentation debris pro9 duced by failure or collision of human-made 

10 space objects. 

11 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

12 the Secretary of Commerce. 

13 ‘‘(5) SPACE OBJECT.—The term ‘space object’ 

14 means any object launched into space or created in 

15 space robotically or by humans, including the compo16 nent parts of such an object. 

17 ‘‘(6) SPACE SITUATIONAL AWARENESS.—The 

18 term ‘space situational awareness’ means— 

19 ‘‘(A) the identification, characterization, 

20 tracking, and the predicted movement and be21 havior of space objects and orbital debris; and 

22 ‘‘(B) the understanding of the space oper23 ational environment. 

24 ‘‘(7) SPACE TRAFFIC COORDINATION.—The 

25 term ‘space traffic coordination’ means the planning, 
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1 assessment, and coordination of activities to enhance 

2 the safety, stability, and sustainability of operations 

3 in the space environment.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions for chapter 507 of title 51, United States 

6 Code, is amended by striking the item relating to 

7 section 50701 and inserting the following: 

‘‘50701. Definitions.’’. 

8 (b) TRANSITION OF OFFICE TO BUREAU.—Sub9 section (a) of section 50702 of title 51, United States 

10 Code, is amended by inserting before the period at the 

11 end the following: ‘‘, which, not later than 5 years after 

12 the date of the enactment of this Act, shall be elevated 

13 by the Secretary of Commerce from an office within the 

14 National Oceanic and Atmospheric Administration to a 

15 bureau reporting directly to the Office of the Secretary 

16 of Commerce’’. 

17 (c) ADDITIONAL FUNCTIONS OF BUREAU.—Sub18 section (c) of such section is amended— 

19 (1) in paragraph (4), by striking ‘‘; and’’ and 

20 inserting a semicolon; 

21 (2) in paragraph (5), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 
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1 ‘‘(6) to perform space situational awareness and 

2 space traffic management duties pursuant to the 

3 SAFE Orbit Act.’’. 

4 (d) ASSISTANT SECRETARY OF COMMERCE FOR

5 SPACE COMMERCE.— 

6 (1) IN GENERAL.—Subsection (b) of such sec7 tion is amended to read as follows: 

8 ‘‘(b) ASSISTANT SECRETARY.—The Bureau shall be 

9 headed by the Assistant Secretary of Commerce for Space 

10 Commerce, who shall— 

11 ‘‘(1) be appointed by the President, by and with 

12 the advice and consent of the Senate; 

13 ‘‘(2) report directly to the Secretary of Com14 merce; and 

15 ‘‘(3) have a rate of pay that is equal to the rate 

16 payable for level IV of the Executive Schedule under 

17 section 5315 of title 5.’’. 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) Section 50702(d) of title 51, United 

20 States Code, is amended— 

21 (i) in the subsection heading, by strik22 ing ‘‘DIRECTOR’’ and inserting ‘‘ASSIST23 ANT SECRETARY’’; and 
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1 (ii) in the matter preceding paragraph 

2 (1), by striking ‘‘Director’’ and inserting 

3 ‘‘Assistant Secretary’’. 

4 (B) Section 5315 of title 5, United States 

5 Code, is amended by striking ‘‘Assistant Secre6 taries of Commerce (11)’’ and inserting ‘‘As7 sistant Secretaries of Commerce (12)’’. 

8 (3) REFERENCES.—On and after the date of 

9 the enactment of this Act, any reference in any law 

10 or regulation to the Director of the Office of Space 

11 Commerce shall be deemed to be a reference to the 

12 Assistant Secretary of Commerce for Space Com13 merce. 

14 (e) TRANSITION REPORT.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of the enactment of this Act, the Secretary 

17 of Commerce shall submit to the appropriate com18 mittees of Congress a report that sets forth transi19 tion and continuity of operations plans for the func20 tional and administrative transfer of the Office of 

21 Space Commerce from the National Oceanic and At22 mospheric Administration to a bureau reporting to 

23 the Office of the Secretary of Commerce. 

24 (2) GOAL.—The goal of transition and con25 tinuity of operations planning shall be to minimize 
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1 the cost and administrative burden of establishing 

2 the Bureau of Space Commerce while maximizing 

3 the efficiency and effectiveness of the functions and 

4 responsibilities of the Bureau of Space Commerce, in 

5 accordance with this section and the amendments 

6 made by this section. 

7 (3) APPROPRIATE COMMITTEES OF CONGRESS

8 DEFINED.—In this subsection, the term ‘‘appro9 priate committees of Congress’’ means— 

10 (A) the Committee on Commerce, Science, 

11 and Transportation and the Committee on Ap12 propriations of the Senate; and 

13 (B) the Committee on Science, Space, and 

14 Technology and the Committee on Appropria15 tions 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 

and for other purposes. and leadership of the Office of Space Commerce, traffic coordination and to modify the functions