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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3658 Engrossed in Senate (ES)]

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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.
```