[Senate Report 119-65]
[From the U.S. Government Publishing Office]
Calendar No. 170
119th Congress } { Report
SENATE
1st Session } { 119-65
_______________________________________________________________________
SITUATIONAL AWARENESS OF FLYING
ELEMENTS IN ORBIT ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
on
S. 428
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 29, 2025.--Ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 170
119th Congress } { Report
SENATE
1st Session } { 119-65
=======================================================================
SITUATIONAL AWARENESS OF FLYING ELEMENTS IN
ORBIT ACT
----------------
September 29, 2025.--Ordered to be printed
----------------
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 428]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 428) 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, having considered the same,
reports favorably thereon with amendments and recommends that
the bill, as amended, do pass.
Purpose of the Bill
The purpose of S. 428 is to promote space situational
awareness and space traffic coordination (STC) and to modify
the functions and leadership of the Bureau of Space Commerce,
and for other purposes.
Background and Needs
In recent years, the frequency of commercial space launches
and deployment of satellites in Earth's orbit has increased
exponentially.\1\ The increase of space objects in orbit,
including orbital debris, raises concerns over the safety of
in-space operations. Given the continued growth of activities
in low-Earth orbit (LEO), there is a need to track and monitor
in-space objects to prevent damage of critical space hardware
and protect astronauts living and working in LEO.
---------------------------------------------------------------------------
\1\``U.S. Commercial Space Launches From 1990 to 2023,'' Statista,
accessed March 7, 2025, https://www.statista.com/statistics/185464/
total-us-commercial-space-launches-since-1990/.
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Space situational awareness (SSA) is the identification,
characterization, tracking, and predicted movement and behavior
of space objects, as well as the understanding of the space
operational environment. STC is the planning, assessment, and
coordination of activities to enhance the safety, stability,
and sustainability of operations in the space environment. The
Department of Defense (DOD) currently tracks objects in space
using the Space Surveillance Network, publishes a catalog of
space objects, and provides safety notifications of potential
in-space collisions to satellite operators. However, since
2018, the Federal Government has been transitioning civil and
commercial SSA data and service provision responsibilities to
the Department of Commerce from DOD.
The Office of Space Commerce (OSC), within the National
Oceanic and Atmospheric Administration (NOAA), currently
disseminates SSA data to an initial set of users representing
about 1,000 operational satellites through its Traffic
Coordination System for Space (TraCSS) program.\2\ The TraCSS
system's initial capabilities went live September 2024.
---------------------------------------------------------------------------
\2\``Traffic Coordination System for Space (TraCSS),'' National
Oceanic and Atmospheric Administration, Office of Space Commerce,
accessed March 7, 2025, https://www.space.commerce.gov/traffic-
coordination-system-for-space-tracss/.
---------------------------------------------------------------------------
The breadth and volume of commercial space activities has
grown substantially since OSC was first established by the
Secretary of Commerce in 1988 and established in statute by
Congress in 1998. As the dissemination of civil and commercial
SSA data fully transitions to OSC, the increased
responsibilities of the office will be more in line with a
stand-alone bureau than an office within NOAA. In addition,
pulling OSC out of NOAA will allow both organizations to focus
on their respective core missions. Given this, the Committee
believes it is appropriate to begin transitioning OSC out of
NOAA and into its own bureau.
The SAFE Orbit Act would provide the Secretary of Commerce
with new authorities and responsibilities related to SSA and
STC by amending chapter 507 of title 51, United States Code.
Specifically, the Secretary would be directed to do the
following:
Acquire and disseminate unclassified data,
analytics, and services on space activities to prevent
collisions and support STC;
Provide free, basic SSA services to the public,
including analytics and conjunction warnings; and
Prioritize the acquisition of data and services from
industry to supplement Government data and avoid direct
competition with industry-provided SSA services.
The legislation would also grant the U.S. Government, and
entities authorized to act on behalf of the U.S. Government,
immunity from lawsuits arising from the provision or receipt of
SSA services or information. Additionally, over a period of 5
years, the SAFE Orbit Act would elevate OSC out of NOAA and
into a new Bureau of Space Commerce reporting directly to the
Secretary of Commerce. A transition plan would be provided to
the Committee within 1 year.
Summary of Provisions
S. 428, as reported, would do the following:
Direct the Assistant Secretary of Commerce for Space
Commerce to:
Acquire and disseminate unclassified data,
analytics, information, and services on space
activities to prevent collisions and support STC.
Provide unclassified SSA data, analytics,
information, and services to the public through an
easily accessible web-based interface at no charge.
Maintain a public catalogue of SSA data and
information to maximize the use of satellite owner and
operator data, U.S. Government data, and commercial
services, data, analytics, information, services, and
platforms.
Leverage commercial capabilities to the
maximum extent practicable.
Facilitate the development of voluntary
industry consensus standards to ensure data
standardization with satellite owners and operators,
commercial service providers, the academic community,
and nonprofits.
Encourage foreign governments to participate
in unclassified data-sharing arrangements for SSA and
STC.
Protect the proprietary data, information, and
systems of firms located in the United States,
including by using appropriate infrastructure and
cybersecurity measures.
Grant the U.S. Government and nongovernmental
entities acting for the U.S. Government immunity from
lawsuits arising from the provision or receipt of SSA
services or information.
Establish an Assistant Secretary of Commerce for
Space Commerce as a Senate-confirmed position reporting
directly to the Secretary of Commerce.
Elevate OSC out of NOAA within 5 years to a separate
bureau within the Department of Commerce and require
the submission of a transition plan to Congress.
Require the Secretary and Assistant Secretary to
submit a staffing plan for OSC to Congress and require
notification to Congress of any termination of
positions within OSC for any purpose other than
performance.
Legislative History
S. 428, the SAFE Orbit Act, was introduced on February 5,
2025, by Senator Cornyn (for himself and Senators Peters,
Wicker, Blackburn, Hickenlooper, Kelly, Schmitt, and Lujan) and
was referred to the Committee on Commerce, Science, and
Transportation of the Senate. On March 12, 2025, the Committee
met in open Executive Session and, by voice vote, ordered S.
428 to be reported favorably with an amendment.
118th Congress
S. 3658, the SAFE Orbit Act, was introduced on January 25,
2024, by Senator Cornyn (for himself and Senators Peters,
Sinema, Blackburn, Schmitt, Kelly, and Wicker) and was referred
to the Committee on Commerce, Science, and Transportation of
the Senate. On December 21, 2024, the Committee discharged S.
3658 by unanimous consent, and that same day, S. 3658 passed
the Senate by unanimous consent with an amendment (in the
nature of a substitute).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 428 would direct the Department of Commerce to acquire
and disseminate data on space activities and would grant legal
immunity to federal and nonfederal entities that gather or
provide such information. The bill would rename the Office of
Space Commerce (now within the National Oceanic and Atmospheric
Administration) as the Bureau of Space Commerce and would
require the new bureau to report directly to the Office of the
Secretary. The Department of Commerce would be required to plan
for and report to the Congress on that transition.
CBO expects that under S. 428, the bureau would acquire and
disseminate data on space objects through its Traffic
Coordination System for Space, which currently is under
development. The bill also would require the bureau to publish
an unclassified database of information on space objects and
their behavior and provide satellite operators with services
that track and monitor objects in space.
In CBO's estimation, the bill would authorize spending
subject to appropriation associated with the costs of the data
acquisition, dissemination, and reporting requirements. Those
amounts, shown in Table 1, fall within budget function 370
(commerce and housing credit).
CBO would consider the cash flows of nonfederal entities
acting on behalf of the federal government to be direct
spending and revenues; therefore, enacting S. 428 would affect
those components of the federal budget. However, CBO has no
basis on which to determine the magnitude or direction of those
cash flows.
Table 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 428
----------------------------------------------------------------------------------------------------------------
By Fiscal Year, Millions of Dollars
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2025 2026 2027 2028 2029 2030 2025-2030
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Estimated Authorization.............................. 0 55 57 59 60 62 293
Estimated Outlays.................................... 0 33 46 56 59 61 255
----------------------------------------------------------------------------------------------------------------
Spending subject to appropriation: Lawmakers appropriated
$65 million in 2024 and in 2025 for the Office of Space
Commerce. Using information from the department, CBO estimates
that about $55 million was dedicated each year to developing
the Traffic Coordination System for Space.
Assuming that a similar amount would be provided in 2026,
and adjusting for anticipated inflation, CBO estimates that it
would cost $255 million over the 2026-2030 period to continue
to develop and maintain that system. Any related spending would
be subject to the availability of appropriated funds.
Direct spending and revenues: Under S. 428, entities acting
on behalf of the United States would be immune from any legal
action arising from providing or receiving information about or
services that facilitate space situational awareness. By
providing immunity, the bill would authorize nonfederal
entities to use the sovereign powers of the federal government
to pursue an activity that is governmental in purpose. Given
those criteria, CBO would consider the cash flows of nonfederal
entities to be federal cash flows and would classify them in
the budget as direct spending or revenues.\1\
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\1\See Congressional Budget Office How CBO Determines Whether to
Classify an Activity as Governmental When Estimating Its Budgetary
Effects (June 2017), www.cbo.gov/publication/52803.
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Because the Traffic Coordination System for Space is not
fully operational, CBO cannot determine which nonfederal
entities, if any, would act for the federal government under
the bill. As a result, CBO cannot determine the magnitude or
direction of related cash flows or their effect on the federal
budget.
Mandates: S. 428 contains an intergovernmental and private-
sector mandate as defined in the Unfunded Mandates Reform Act
(UMRA). The bill would grant the federal government (including
employees and contractors) immunity from any lawsuit related to
gathering or providing information or services regarding
objects and activities in space. That provision of the bill
would eliminate an existing right of action for any public or
private entity that would otherwise seek redress or to recover
damages from the federal government for providing those
services.
CBO has no basis on which to estimate the number of
lawsuits that would be precluded by the bill and cannot predict
amounts that would be forgone in damages potentially collected
under those actions. Therefore, CBO cannot determine whether
the cost of the mandate would exceed the thresholds established
in UMRA for intergovernmental and private-sector mandates ($103
million and $206 million in 2025, respectively, adjusted
annually for inflation).
The CBO staff contacts for this estimate are David Hughes
(for federal costs) and Grace Watson (formerly of CBO, for
mandates). The estimate was reviewed by Christina Hawley
Anthony, Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 428, as reported, would enable dissemination of SSA data
to the commercial and civil space community and elevate OSC out
of NOAA to a new bureau that would directly report to the
Secretary of Commerce. The bill would only impact OSC and
persons and entities already covered by the rules and
regulations of OSC, and therefore the number of persons covered
would be consistent with the current levels of individuals
impacted under current law.
ECONOMIC IMPACT
S. 428, as reported, is not expected to have an adverse
impact on the Nation's economy.
PRIVACY
S. 428, as reported, would not impact the personal privacy
of individuals.
PAPERWORK
The Committee does not anticipate a major increase in
paperwork burdens resulting from the passage of this
legislation. The bill would require an annual staffing plan for
OSC through its transition to a bureau. In addition, the bill
would require a report to Congress that sets forth the
organization's plans for the transition from office to bureau
while maintaining continuity of operations.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Situational Awareness of Flying Elements in Orbit Act''
or the ``SAFE Orbit Act''.
Section 2. Space situational awareness and space traffic coordination.
This section would require the Secretary of Commerce to
provide SSA services through the dissemination of unclassified
data, analytics, information and services on space activities,
facilitated by the Assistant Secretary of Commerce for Space
Commerce. This section would authorize the Department of
Commerce to promote commercial space capabilities while making
basic SSA services available at no cost to satellite operators.
This section would provide legal immunity to the Federal
Government and those acting on its behalf for any cause of
action arising from the provision or receipt of SSA services,
regardless of whether such services are provided. The Assistant
Secretary would be directed to maintain and publicly provide an
up-to-date, unclassified database of space objects and related
behavioral data, except where such information is classified or
constitutes a trade secret under existing law.
This section would further require the Assistant Secretary
to ensure that the Federal Government's provision of SSA
services does not compete with commercial products, to the
maximum extent practicable. The Department would be required to
review its suite of basic SSA services at least once every 3
years to assess whether they remain within scope and are not
duplicative of capabilities available in the private sector.
This section would also encourage foreign governments to
participate in unclassified SSA data sharing arrangements to
support international coordination of space traffic management
efforts. This section would grant the Secretary of Commerce the
authority to enter into contracts, leases, cooperative
agreements, or other necessary arrangements. Lastly, this
section would define the term ``space object''.
Section 3. Office of Space Commerce.
This section would elevate and restructure OSC to
strengthen its role in civil space traffic coordination and
space situational awareness. This section would define the
terms ``Assistant Secretary'', ``Bureau'', ``orbital debris'',
``Secretary'', ``space object'', ``space situational
awareness'', and ``space traffic coordination''. It would
further direct that, within 5 years, OSC be transitioned into a
Bureau of Space Commerce reporting directly to the Secretary of
Commerce. This section would replace the current Director with
a Senate-confirmed Assistant Secretary of Commerce for Space
Commerce and assign the Bureau new responsibilities. It would
also require a transition staffing plan, prohibit non-
performance-based staff reductions without congressional
notice, and would require a transition report to Congress. The
Secretary of Commerce would be required to submit a report to
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 detailing the
transition and continuity of operations plans for OSC from NOAA
to a bureau reporting to the Office of the Secretary not later
than 1 year after enactment.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart D--Pay and Allowances
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
Subchapter II--Executive Schedule Pay Rates
* * * * * * *
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).
* * * * * * *
TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS
* * * * * * *
Subtitle V--Programs Targeting
Commercial Opportunities
* * * * * * *
CHAPTER 507--OFFICE OF SPACE COMMERCE
* * * * * * *
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) * * *
* * * * * * *
[all]