[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4590-S4591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2266. Mr. CORNYN (for himself, Mr. Kelly, Mrs. Blackburn, and Ms. 
Sinema) submitted an amendment intended to be proposed by him to the 
bill S. 4638, to authorize appropriations for fiscal year 2025 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XV, add the following:

                       Subtitle E--SAFE Orbit Act

     SEC. 1549. SHORT TITLE.

       This subtitle may be cited as the ``Situational Awareness 
     of Flying Elements in Orbit Act'' or the ``SAFE Orbit Act''.

     SEC. 1550. 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 1551) 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. 1551. OFFICE OF SPACE COMMERCE.

       (a) Location of Office.--Subsection (a) of section 50702 of 
     title 51, United States Code, is amended by inserting before 
     the end period the following: ``, which, not later than 5

[[Page S4591]]

     years after the date of the enactment of the SAFE Orbit Act, 
     shall organizationally reside within the Office of the 
     Secretary of Commerce''.
       (b) Additional Functions of Office.--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 a semicolon; 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.''.
       (c) 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 Office 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.
       (d) Transition Report.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Commerce 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science, 
     Space, and Technology of the House of Representatives 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 the Office of the 
     Secretary of Commerce.
                                 ______