S. 428 — SAFE Orbit Act

This section directs the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Space Commerce, to facilitate safe space operations and commercial space capabilities by acquiring and disseminating unclassified data, analytics, information, and services on space activities, including location tracking data, positional and orbit determination information, conjunction data messages, and other data necessary to avoid space object collisions. It establishes a free public database of such unclassified information on space objects and behavior (excluding classified data or trade secrets as defined in 18 U.S.C. §1839) and requires provision of free basic space situational awareness services to satellite operators, without competing with private sector offerings to the maximum extent practicable and subject to review at least every three years. The section further provides immunity from suit in U.S. courts for the United States, its agencies and instrumentalities, and persons acting on its behalf regarding space situational awareness services or related actions; authorizes use of contracts, cooperative agreements, or other transactions; prioritizes acquisition from U.S.-based or licensed commercial providers while protecting proprietary data through cybersecurity measures; promotes data standardization; and encourages foreign government participation in unclassified data sharing. It defines "space object" as any object launched into space, created in space robotically or by humans, or any of its component parts.

This section elevates the Office of Space Commerce within the National Oceanic and Atmospheric Administration (NOAA) to the Bureau of Space Commerce reporting directly to the Secretary of Commerce not later than 5 years after enactment; heads the Bureau with an Assistant Secretary of Commerce for Space Commerce appointed by the President with Senate confirmation at level IV of the Executive Schedule; and increases the number of Assistant Secretaries of Commerce from 11 to 12 (per 5 U.S.C. 5315). The section (1) defines key terms in 51 U.S.C. §50701, including "Assistant Secretary," "Bureau," "orbital debris," "space object," "space situational awareness," and "space traffic coordination"; (2) adds Bureau functions under 51 U.S.C. §50702(c)(6) to perform space situational awareness and space traffic management pursuant to the SAFE Orbit Act; (3) requires annual staffing plans during the office-to-bureau transition and congressional notification before reducing full-time equivalent positions (except for performance reasons); and (4) directs a transition report to congressional committees within 1 year of enactment on plans to minimize costs while ensuring continuity of operations. (As background, the Office of Space Commerce promotes U.S. leadership in commercial space activities, including licensing, traffic coordination, and orbital debris mitigation.)