S 428 — SAFE Orbit Act

Summary

Situational Awareness of Flying Elements in Orbit Act or the SAFE Orbit ActThis bill provides statutory authority for the Traffic Coordination System for Space, which is being developed by the Office of Space Commerce to provide space situational awareness data and services to space operators. (Space situational awareness means an understanding of the space operational environment and the identification, tracking, and prediction of the behavior of space objects and debris.)As an initial matter, the bill provides for the elevation of the Office of Space Commerce to a standalone bureau within the Department of Commerce. (The office currently sits within the National Oceanic and Atmospheric Administration.)The bill authorizes the bureau to acquire location tracking data, positional and orbit determination information, conjunction data messages, and other data, analytics, information, and services deemed necessary to avoid collisions in space. The bureau must disseminate this information at no charge (1) through a public database of space situational awareness information and services, including space traffic coordination; and (2) through the provision of basic situational awareness services to satellite operators. The bill also sets forth certain requirements for the collection and dissemination of such information, including that, to the extent practicable, the provision of service to satellite operators may not compete with private situational awareness products.Finally, the bill provides immunity for the United States government from any suit for a cause of action arising from the provision or receipt of space situational awareness services or information.

Bill Text

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting.

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

 UNITED STATES CODE

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 TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

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 PART III--EMPLOYEES

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 Subpart D--Pay and Allowances

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 CHAPTER 53--PAY RATES AND SYSTEMS

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 Subchapter II--Executive Schedule Pay Rates

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Sec. 5315. Positions at level IV

 Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
 Deputy Administrator of General Services.
 Associate Administrator of the National Aeronautics 
 and Space Administration.
 Assistant Administrators, Agency for International 
 Development (6).
 Regional Assistant Administrators, Agency for 
 International Development (4).
 Assistant Secretaries of Agriculture (3).
 [Assistant Secretaries of Commerce (11)] Assistant 
 Secretaries of Commerce (12).

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 TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

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 Subtitle V--Programs Targeting
 Commercial Opportunities

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 CHAPTER 507--OFFICE OF SPACE COMMERCE

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Sec. [50701. Definition of Office

 [In this chapter, the term ``Office'' means the Office of 
Space Commerce established in section 50702 of this title.]

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.

Sec. 50702. Establishment

 (a) In General.--There is established within the Department 
of Commerce an Office of Space Commerce, which, not later than 
5 years after the date of the enactment of the SAFE Orbit 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.
 [(b) Director.--The Office shall be headed by a Director, who 
shall be a senior executive and shall be compensated at a level 
in the Senior Executive Service under section 5382 of title 5 
as determined by the Secretary of Commerce.]
 (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.
 (c) Functions of Office.--The Office shall be the principal 
unit for the coordination of space-related issues, programs, 
and initiatives within the Department of Commerce, including--
 (1) to foster the conditions for the economic growth 
 and technological advancement of the United States 
 space commerce industry;
 (2) to coordinate space commerce policy issues and 
 actions within the Department of Commerce;
 (3) to represent the Department of Commerce in the 
 development of United States policies and in 
 negotiations with foreign countries to promote United 
 States space commerce;
 (4) to promote the advancement of United States 
 geospatial technologies related to space commerce, in 
 cooperation with relevant interagency working groups[; 
 and];
 (5) to provide support to Federal Government 
 organizations working on Space-Based Positioning 
 Navigation, and Timing policy, including the National 
 Coordination Office for Space-Based Position, 
 Navigation, and Timing[.]; and
 (6) to perform space situational awareness and space 
 traffic management duties pursuant to the SAFE Orbit 
 Act.
 (d) Duties of [Director] Assistant Secretary.--The primary 
responsibilities of the [Director] Assistant Secretary in 
carrying out the functions of the Office shall include--
 (1) * * *
 (2) * * *
 (3) * * *
 (4) * * *
 (5) * * *
 (6) * * *
 (7) * * *

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Source: S. Rept. 119-65 · govinfo

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies the Office of Space Commerce by transitioning it to a Bureau of Space Commerce, changing leadership roles, and expanding its functions to include space situational awareness and space traffic coordination.

• 51 U.S.C. § 50701

  In this chapter, the term “Office” means the Office of Space Commerce established in section 50702 of this title. → 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.

  This change redefines the Office of Space Commerce to include additional definitions and terminologies relevant to its expanded functions.

• 51 U.S.C. § 50702

  There is established within the Department of Commerce an Office of Space Commerce. → There is established within the Department of Commerce a Bureau of Space Commerce.

  This change elevates the Office of Space Commerce to a Bureau, allowing for enhanced authority and responsibility.

• 51 U.S.C. § 50702(b)

  who shall be a senior executive and shall be compensated at a level in the Senior Executive Service under section 5382 of title 5 as determined by the Secretary of 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.

  This change modifies the leadership structure to require Senate confirmation for the Assistant Secretary.

• 51 U.S.C. § 50702(c)

  to provide support to Federal Government organizations working on Space-Based Positioning Navigation, and Timing policy, including the National Coordination Office for Space-Based Position,[1] Navigation, and Timing. → to perform space situational awareness and space traffic management duties pursuant to the SAFE Orbit Act.

  This expands the functions of the Bureau to include vital space management responsibilities.

• 5 U.S.C. § 5315

  Assistant Secretaries of Commerce (11) → Assistant Secretaries of Commerce (12)

  This adds the Assistant Secretary of Commerce for Space Commerce to the list of Assistant Secretaries under the Executive Schedule.

Action History

1. February 05, 2025

   Introduced in Senate

2. February 05, 2025

   Read twice and referred to the Committee on Commerce, Science, and Transportation.

3. March 12, 2025

   Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment favorably.

4. September 29, 2025

   Committee on Commerce, Science, and Transportation. Reported by Senator Cruz with amendments. With written report No. 119-65.

5. September 29, 2025

   Committee on Commerce, Science, and Transportation. Reported by Senator Cruz with amendments. With written report No. 119-65.

6. September 29, 2025

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 170.

Sponsors

• John Cornyn · Primary
• Gary C. Peters · Cosponsor
• Roger F. Wicker · Cosponsor
• Marsha Blackburn · Cosponsor
• John W. Hickenlooper · Cosponsor
• Mark Kelly · Cosponsor
• Eric Schmitt · Cosponsor
• Ben Ray Luján · Cosponsor

Subjects