SAFE Orbit Act
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Would elevate the Office of Space Commerce out of NOAA into a standalone Bureau of Space Commerce within the Department of Commerce, led by a new Senate-confirmed Assistant Secretary, and would give that bureau explicit statutory authority to collect and freely distribute space situational awareness data to satellite operators.
As orbital congestion grows, the bill would establish a permanent legal framework for federal space traffic coordination, require the government not to crowd out private-sector tracking services, and grant broad federal immunity from lawsuits arising from the provision or receipt of space situational awareness information.
What this bill would do
What it would do
The bill would direct the Secretary of Commerce to facilitate safe space operations by acquiring and freely disseminating unclassified data on space activities, including location tracking data, positional and orbit determination information, and conjunction data messages (warnings of potential satellite collisions). A new public database of space situational awareness information would be maintained at no charge, and satellite operators would receive basic situational awareness services for free. The bureau would be required not to compete with private-sector space tracking products to the maximum extent practicable, and must review its services at least every three years against private offerings.
The bill would also reorganize the federal office responsible for these functions. The Office of Space Commerce, which currently sits within NOAA, would be elevated within five years of enactment to a standalone Bureau of Space Commerce reporting directly to the Secretary of Commerce. A new presidentially-appointed, Senate-confirmed Assistant Secretary of Commerce for Space Commerce would lead the bureau. The bill would also provide broad federal immunity from lawsuits arising from the provision or receipt of space situational awareness services.
Key provisions
- 1Would direct the Secretary of Commerce to acquire space tracking data — including location tracking, orbit determination, and conjunction data — and disseminate it free to the public and satellite operators.
- 2Would require a free, publicly accessible database of space object location, behavior, and basic conjunction data, while prohibiting the bureau from competing with private space situational awareness products.
- 3Would grant broad immunity to the United States government and persons acting on its behalf from any lawsuit arising from the provision or receipt of space situational awareness services or information.
- 4Would elevate the Office of Space Commerce from within NOAA to a standalone Bureau of Space Commerce reporting directly to the Secretary of Commerce, within five years of enactment.
- 5Would create an Assistant Secretary of Commerce for Space Commerce — a new presidentially appointed, Senate-confirmed position — to lead the bureau, reporting directly to the Secretary.
- 6Would require annual staffing plans submitted to Congress during the office-to-bureau transition, and prohibit non-performance staff reductions without prior congressional notification.
- 7Would require the Secretary of Commerce to submit a transition and continuity-of-operations report to Congress within one year of enactment.
Who would be affected
Satellite operators and commercial space companies worldwide that use federal space situational awareness services; the Office of Space Commerce staff transitioning out of NOAA; private-sector space tracking and situational awareness data companies that could be affected by the scope of free government services; and Congress, which would receive annual staffing plans and a one-year transition report.
Why it matters
Satellite operators currently rely on a patchwork of military and commercial tracking data with no clear federal civilian mandate. This bill would give the space traffic coordination function permanent statutory footing, guarantee free basic services to operators, and shield the government from liability — while requiring periodic checks to ensure federal services do not undercut the growing private space-tracking industry.
What would change
Changes to existing law
Amends 51 U.S.C. § 50701 (Sec. 3(a))
Replaces existing definitions section with new definitions for Assistant Secretary, Bureau, orbital debris, space object, space situational awareness, and space traffic coordination.
Amends 51 U.S.C. § 50702 (Sec. 3(b)–(d))
Requires elevation of Office of Space Commerce to a Bureau within 5 years, creates Senate-confirmed Assistant Secretary role, and adds space situational awareness duties as a bureau function.
Amends 5 U.S.C. § 5315 (Executive Schedule) (Sec. 3(d)(2)(B))
Increases the number of Assistant Secretaries of Commerce at Level IV pay from 11 to 12 to accommodate the new space commerce position.
Agencies directed to act
Effective dates
- Staffing plan due to Congress from Secretary and Assistant Secretary
- Transition and continuity-of-operations report due to Congress
- Elevation of Office of Space Commerce to Bureau of Space Commerce must be complete
Funding and costs
Congressional Budget Office estimate
CBO estimates the SAFE Orbit Act would cost approximately $255 million in discretionary spending (subject to appropriation) over the 2026–2030 period, with no estimated effect on direct spending or revenues.
CBO estimates that S. 428 would require about $255 million in spending subject to appropriation (i.e., discretionary funding that Congress must separately approve) over the 2026–2030 period, primarily to continue developing and maintaining the Department of Commerce's Traffic Coordination System for Space. The bill would have no direct effect on mandatory spending or revenues that CBO can quantify, though it notes it cannot determine the magnitude of cash flows involving nonfederal entities acting on behalf of the federal government, which could affect the budget. The bill contains both an intergovernmental and a private-sector mandate — specifically by eliminating existing legal rights of action against the federal government for space situational awareness services — but CBO cannot determine whether the cost of those mandates would exceed UMRA's statutory thresholds ($103 million and $206 million in 2025, respectively).
How implementation would work
The new Assistant Secretary would acquire commercial and government space tracking data, maintain a public database, and provide free basic services to satellite operators. Within 30 days of enactment, the Secretary and Assistant Secretary must submit a staffing plan to designated congressional committees; annual updates are required until one year after the bureau transition is complete. Within one year of enactment, a full transition and continuity-of-operations report is due to Congress. The Office-to-Bureau elevation must be completed within five years. The Secretary may use contracts, leases, cooperative agreements, or other transactions to carry out these activities. Staff reductions for non-performance reasons require prior congressional notification.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 170.
Official CRS summary
Show the CRS summaryHide the CRS summary
This 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.
Legislative subjects
Advanced technology and technological innovations; Congressional oversight; Department of Commerce; Executive agency funding and structure; International scientific cooperation; Science, Technology, Communications; Space flight and exploration; Spacecraft and satellites
Committee report
S. Rept. 119-65