Section 1 Short title
This Act may be cited as the “Situational Awareness of Flying Elements in Orbit Act” or the “SAFE Orbit Act”.
Situational Awareness of Flying Elements in Orbit Act
A BILL
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.
Sec. 2 Space situational awareness and space traffic coordination
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.
Immunity— The United States, any agencies and instrumentalities thereof, and any individuals, firms, corporations, and other persons acting for the United States Government, 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.
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—
data, analytics, information, and services, including with respect to—
location tracking data;
positional and orbit determination information; and
conjunction data messages; and
such other data, analytics, information, and services as the Secretary of Commerce determines necessary to avoid collisions of space objects.
Database on satellite location and behavior— The Assistant Secretary of Commerce for Space Commerce shall provide access for the public, at no charge, to a fully updated, unclassified database of information concerning space objects and behavior that includes—
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
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.
Basic space situational awareness services— The Assistant Secretary of Commerce for Space Commerce—
shall provide to satellite operators, at no charge, basic space situational awareness services, including the data, analytics, information, and services described in subsection (c);
in carrying out paragraph (1), may not compete with private sector space situational awareness products, to the maximum extent practicable; and
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.
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—
leverage commercial capabilities to the maximum extent practicable;
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;
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;
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
encourage foreign governments to participate in unclassified data sharing arrangements for space situational awareness and space traffic coordination.
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.
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
Definitions—
In general— Section 50701 of title 51, United States Code, is amended to read as follows:
“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.”
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:
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 the SAFE Orbit Actthis 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”.
Additional functions of Bureau— Subsection (c) of such section is amended—
in paragraph (4), by striking “; and” and inserting a semicolon;
in paragraph (5), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(6) to perform space situational awareness and space traffic management duties pursuant to the SAFE Orbit Act.”
Assistant Secretary of Commerce for Space Commerce—
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.”
Conforming amendments—
Section 50702(d) of title 51, United States Code, is amended—
in the subsection heading, by striking “Director” and inserting “Assistant Secretary”; and
in the matter preceding paragraph (1), by striking “Director” and inserting “Assistant Secretary”.
Section 5315 of title 5, United States Code, is amended by striking “Assistant Secretaries of Commerce (11)” and inserting “Assistant Secretaries of Commerce (12)”.
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.
Transition report—
Office of Space Commerce staffing—
Required staff levels during Office to Bureau transition— Not later than 30 days after the date of the enactment of this Act, and annually thereafter until the date that is 1 year after the date on which the transition from office to bureau is complete, the Secretary of Commerce (referred to in this subsection as the “Secretary”) and the Assistant Secretary of Commerce for Space Commerce (referred to in this subsection as the “Assistant Secretary”) shall—
complete a staffing plan for the Office of Space Commerce, consistent with the functions described in section 50702 of title 51, United States Code, as amended by this Act, and the transition from an office to a bureau; and
submit such plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
Notification of terminations not based on performance— Subject to the availability of appropriations, the Secretary or the Assistant Secretary shall not reduce the number of full-time equivalent positions in the Office of Space Commerce or the Bureau of Space Commerce for any reason other than performance without prior notification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
Transition report—
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.
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.
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and
the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives.