II 

Calendar No. 206 

118TH CONGRESS 

1ST SESSION S. 447 

To establish a demonstration program for the active remediation of orbital 

debris and to require the development of uniform orbital debris standard 

practices in order to support a safe and sustainable orbital environment, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2023 

Mr. HICKENLOOPER (for himself, Ms. LUMMIS, Ms. CANTWELL, Mr. WICKER, 

Ms. SINEMA, and Mrs. FEINSTEIN) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

SEPTEMBER 12, 2023 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish a demonstration program for the active remediation of orbital debris and to require the development 

of uniform orbital debris standard practices in order 

to support a safe and sustainable orbital environment, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Orbital Sustainability 

3 Act of 2023’’ or the ‘‘ORBITS Act of 2023’’. 

4 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) The safety and sustainability of operations 

8 in low-Earth orbit and nearby orbits in outer space 

9 have become increasingly endangered by a growing 

10 amount of orbital debris. 

11 (2) Exploration and scientific research missions 

12 and commercial space services of critical importance 

13 to the United States rely on continued and secure 

14 access to outer space. 

15 (3) Efforts by nongovernmental space entities 

16 to apply lessons learned through standards and best 

17 practices will benefit from government support for 

18 implementation both domestically and internation19 ally. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that to preserve the sustainability of operations in 

22 space, the United States Government should— 

23 (1) to the extent practicable, develop and carry 

24 out programs, establish or update regulations, and 

25 commence initiatives to minimize orbital debris, in26 cluding initiatives to demonstrate active debris remeVerDate Sep 11 2014 00:18 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S447.RS S447

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1 diation of orbital debris generated by the United 

2 States Government; 

3 (2) lead international efforts to encourage other 

4 spacefaring countries to mitigate and remediate or5 bital debris under their jurisdiction and control; and 

6 (3) encourage space system operators to con7 tinue implementing best practices for space safety 

8 when deploying satellites and constellations of sat9 ellites, such as transparent data sharing and design10 ing for system reliability, so as to limit the genera11 tion of future orbital debris. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) ACTIVE DEBRIS REMEDIATION.—The term 

15 ‘‘active debris remediation’’— 

16 (A) means the deliberate process of facili17 tating the de-orbit, repurposing, or other dis18 posal of orbital debris, which may include mov19 ing orbital debris to a safe position, using an 

20 object or technique that is external or internal 

21 to the orbital debris; and 

22 (B) does not include de-orbit, repurposing, 

23 or other disposal of orbital debris by passive 

24 means. 


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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the National 

3 Aeronautics and Space Administration. 

4 (3) APPROPRIATE COMMITTEES OF CON5 GRESS.—The term ‘‘appropriate committees of Con6 gress’’ means— 

7 (A) the Committee on Appropriations, the 

8 Committee on Commerce, Science, and Trans9 portation, and the Committee on Armed Serv10 ices of the Senate; and 

11 (B) the Committee on Appropriations, the 

12 Committee on Science, Space, and Technology, 

13 and the Committee on Armed Services of the 

14 House of Representatives. 

15 (4) DEMONSTRATION PROGRAM.—The term 

16 ‘‘demonstration program’’ means the active orbital 

17 debris remediation demonstration program carried 

18 out under section 4(b). 

19 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means— 

21 (A) a United States-based— 

22 (i) non-Federal, commercial entity; 

23 (ii) institution of higher education (as 

24 defined in section 101(a) of the Higher 


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1 Education Act of 1965 (20 U.S.C. 

2 1001(a))); or 

3 (iii) nonprofit organization; 

4 (B) any other United States-based entity 

5 the Administrator considers appropriate; and 

6 (C) a partnership of entities described in 

7 subparagraphs (A) and (B). 

8 (6) ORBITAL DEBRIS.—The term ‘‘orbital de9 bris’’ means any human-made space object orbiting 

10 Earth that— 

11 (A) no longer serves an intended purpose; 

12 and 

13 (B)(i) has reached the end of its mission; 

14 or 

15 (ii) is incapable of safe maneuver or oper16 ation. 

17 (7) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Commerce. 

19 (8) SPACE TRAFFIC COORDINATION.—The term 

20 ‘‘space traffic coordination’’ means the planning, co21 ordination, and on-orbit synchronization of activities 

22 to enhance the safety and sustainability of oper23 ations in the space environment. 

24 SEC. 4. ACTIVE DEBRIS REMEDIATION. 

25 (a) PRIORITIZATION OF ORBITAL DEBRIS.— 


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1 (1) LIST.—Not later than 90 days after the 

2 date of the enactment of this Act, the Administrator, 

3 in consultation with the Secretary, the Secretary of 

4 Defense, the National Space Council, and represent5 atives of the commercial space industry, academia, 

6 and nonprofit organizations, shall publish a list of 

7 identified orbital debris that pose the greatest imme8 diate risk to the safety and sustainability of orbiting 

9 satellites and on-orbit activities. 

10 (2) CONTENTS.—The list required under para11 graph (1)— 

12 (A) shall be developed using appropriate 

13 sources of data and information derived from 

14 governmental and nongovernmental sources, in15 cluding space situational awareness data ob16 tained by the Office of Space Commerce, to the 

17 extent practicable; 

18 (B) shall include, to the extent prac19 ticable— 

20 (i) a description of the approximate 

21 age, location in orbit, size, tumbling state, 

22 post-mission passivation actions taken, and 

23 national jurisdiction of each orbital debris 

24 identified; and 


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1 (ii) data required to inform decisions 

2 regarding potential risk and feasibility of 

3 safe remediation; and 

4 (C) may include orbital debris that poses a 

5 significant risk to terrestrial people and assets, 

6 including risk resulting from potential environ7 mental impacts from the uncontrolled reentry of 

8 the orbital debris identified. 

9 (3) PUBLIC AVAILABILITY; PERIODIC UP10 DATES.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), the list required under paragraph 

13 (1) shall be published in unclassified form on a 

14 publicly accessible internet website of the Na15 tional Aeronautics and Space Administration. 

16 (B) EXCLUSION.—The Administration may 

17 not include on the list published under subpara18 graph (A) data acquired from nonpublic 

19 sources. 

20 (C) PERIODIC UPDATES.—Such list shall 

21 be updated periodically. 

22 (4) RESEARCH AND DEVELOPMENT.—With re23 spect to orbital debris identified under paragraph 

24 (1), the Administrator shall, to the extent prac25 ticable and subject to the availability of appropriaVerDate Sep 11 2014 00:18 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S447.RS S447

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1 tions, carry out the additional research and develop2 ment activities necessary, in consultation with the 

3 commercial space industry, to mature technologies 

4 that close commercial capability gaps and enable po5 tential future remediation missions for such orbital 

6 debris. 

7 (5) ACQUISITION, ACCESS, USE, AND HANDLING

8 OF DATA OR INFORMATION.—In carrying out the ac9 tivities under this subsection, the Administrator— 

10 (A) shall acquire, access, use, and handle 

11 data or information in a manner consistent with 

12 applicable provisions of law and policy, includ13 ing laws and policies providing for the protec14 tion of privacy and civil liberties, and subject to 

15 any restrictions required by the source of the 

16 information; 

17 (B) shall have access, upon written re18 quest, to all information, data, or reports of any 

19 executive agency that the Administrator deter20 mines necessary to carry out the activities 

21 under this subsection, provided that such access 

22 is— 

23 (i) conducted in a manner consistent 

24 with applicable provisions of law and policy 

25 of the originating agency, including laws 


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1 and policies providing for the protection of 

2 privacy and civil liberties; and 

3 (ii) consistent with due regard for the 

4 protection from unauthorized disclosure of 

5 classified information relating to sensitive 

6 intelligence sources and methods or other 

7 exceptionally sensitive matters; and 

8 (C) may obtain commercially available in9 formation that may not be publicly available. 

10 (b) ACTIVE ORBITAL DEBRIS REMEDIATION DEM11 ONSTRATION PROGRAM.— 

12 (1) ESTABLISHMENT.—Not later than 180 days 

13 after the date of the enactment of this Act, subject 

14 to the availability of appropriations, the Adminis15 trator, in consultation with the head of each relevant 

16 Federal department or agency, shall establish a dem17 onstration program to make competitive awards for 

18 the development of technologies leading to the reme19 diation of selected orbital debris identified under 

20 subsection (a)(1). 

21 (2) PURPOSE.—The purpose of the demonstra22 tion program shall be to enable eligible entities to 

23 pursue the phased development and demonstration 

24 of technologies and processes required for active de25 bris remediation. 


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1 (3) PROCEDURES AND CRITERIA.—In estab2 lishing the demonstration program, the Adminis3 trator shall— 

4 (A) establish— 

5 (i) eligibility criteria for participation; 

6 (ii) a process for soliciting proposals 

7 from eligible entities; 

8 (iii) criteria for the contents of such 

9 proposals; 

10 (iv) program compliance and evalua11 tion metrics; and 

12 (v) program phases and milestones; 

13 (B) identify government-furnished data or 

14 equipment; and 

15 (C) develop a plan for National Aero16 nautics and Space Administration participation 

17 in technology development, as appropriate, and 

18 intellectual property rights. 

19 (4) PROPOSAL EVALUATION.—In evaluating 

20 proposals for the demonstration program, the Ad21 ministrator shall— 

22 (A) consider the safety, feasibility, cost, 

23 benefit, and maturity of the proposed tech24 nology; 


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1 (B) consider the potential for the proposed 

2 demonstration to successfully remediate orbital 

3 debris and to advance the commercial state of 

4 the art with respect to active debris remedi5 ation; 

6 (C) carry out a risk analysis of the pro7 posed technology that takes into consideration 

8 the potential casualty risk to humans in space 

9 or on the Earth’s surface; 

10 (D) in an appropriate setting, conduct 

11 thorough testing and evaluation of the proposed 

12 technology and each component of such tech13 nology or system of technologies; and 

14 (E) consider the technical and financial 

15 feasibility of using the proposed technology to 

16 conduct multiple remediation missions. 

17 (5) DEMONSTRATION MISSION.— 

18 (A) IN GENERAL.—The Administrator 

19 shall consult with the head of each relevant 

20 Federal department or agency in advance of 

21 each demonstration mission. 

22 (B) ACTIVE DEBRIS REMEDIATION DEM23 ONSTRATION MISSION.—It is the sense of Con24 gress that the Administrator should consider 

25 maximizing competition for, and use best pracVerDate Sep 11 2014 00:18 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S447.RS S447

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1 tices to engage commercial entities in, an active 

2 debris remediation demonstration mission. 

3 (C) SPECTRUM CONSIDERATIONS.—The 

4 Administrator shall convey any potential spec5 trum allocations and licensing needs for active 

6 debris remediation demonstration missions to 

7 the Federal Communications Commission 

8 through the National Telecommunications and 

9 Information Administration as soon as prac10 ticable after any such spectrum allocation or li11 censing need has been identified. 

12 (6) REPORTS.— 

13 (A) RECOMMENDATIONS.—Not later than 

14 1 year after the date on which the first dem15 onstration mission is carried out under this 

16 subsection, the Administrator, in consultation 

17 with the head of each relevant Federal depart18 ment or agency, shall submit to Congress a re19 port that provides legislative, regulatory, and 

20 policy recommendations to improve active debris 

21 remediation missions, as applicable. 

22 (B) TECHNICAL ANALYSIS.— 

23 (i) IN GENERAL.—To inform decisions 

24 regarding the acquisition of active debris 

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1 ernment, not later than 180 days after the 

2 completion of the demonstration program, 

3 the Administrator shall submit to Congress 

4 a report that— 

5 (I) summarizes a technical anal6 ysis of technologies developed under 

7 the demonstration program; 

8 (II) identifies any technology 

9 gaps addressed by the demonstration 

10 program and any remaining tech11 nology gaps; and 

12 (III) provides, as applicable, any 

13 further legislative, regulatory, and 

14 policy recommendations to enable ac15 tive debris remediation missions. 

16 (ii) AVAILABILITY.—The Administra17 tion shall make the report submitted under 

18 clause (i) available to the Secretary, the 

19 Secretary of Defense, and other relevant 

20 Federal departments and agencies, as de21 termined by the Administrator. 

22 (7) INTERNATIONAL COOPERATION.— 

23 (A) IN GENERAL.—In carrying out the 

24 demonstration program, the Administrator, in 

25 consultation with the National Space Council 


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1 and in collaboration with the Secretary of 

2 State, may pursue a cooperative relationship 

3 with one or more partner countries to enable 

4 the remediation of orbital debris that is under 

5 the jurisdiction of such partner countries. 

6 (B) ARRANGEMENT OR AGREEMENT WITH

7 PARTNER COUNTRY.—Any arrangement or 

8 agreement entered into with a partner country 

9 under subparagraph (A) shall be— 

10 (i) concluded— 

11 (I) in the interests of the United 

12 States Government; and 

13 (II) without prejudice to any con14 tractual arrangement among commer15 cial parties that may be required to 

16 complete the active debris remediation 

17 mission concerned; and 

18 (ii) consistent with the international 

19 obligations of the United States under the 

20 international legal framework governing 

21 outer space activities. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Administrator to 

24 carry out this section $150,000,000 for the period of fiscal 

25 years 2024 through 2028. 


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1 SEC. 5. ACTIVE DEBRIS REMEDIATION SERVICES. 

2 (a) IN GENERAL.—To foster the competitive develop3 ment, operation, improvement, and commercial availability 

4 of active debris remediation services, and in consideration 

5 of the economic analysis required by subsection (b) and 

6 the reports under section 4(b)(6), the Administrator and 

7 the head of each relevant Federal department or agency 

8 may acquire services for the remediation of orbital debris, 

9 whenever practicable, through fair and open competition 

10 for contracts that are well-defined, milestone-based, and 

11 in accordance with the Federal Acquisition Regulation. 

12 (b) ECONOMIC ANALYSIS.—Based on the results of 

13 the demonstration program, the Secretary, acting through 

14 the Office of Space Commerce, shall publish an assess15 ment of the estimated Federal Government and private 

16 sector demand for orbital debris remediation services for 

17 the 10-year period beginning in 2025. 

18 SEC. 6. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES 

19 FOR UNITED STATES SPACE ACTIVITIES. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this Act, and every 5 years there22 after, the National Space Council, in coordination with the 

23 Secretary, the Administrator of the Federal Aviation Ad24 ministration, the Secretary of Defense, the Federal Com25 munications Commission, and the Administrator, shall iniVerDate Sep 11 2014 00:18 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S447.RS S447

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1 tiate an update to the Orbital Debris Mitigation Standard 

2 Practices that— 

3 (1) considers planned space systems, including 

4 satellite constellations; and 

5 (2) addresses— 

6 (A) collision risk; 

7 (B) casualty probability; 

8 (C) post-mission disposal of space systems; 

9 (D) time to disposal or de-orbit; 

10 (E) spacecraft collision avoidance and 

11 automated identification capability; and 

12 (F) the ability to track orbital debris of de13 creasing size. 

14 (b) CONSULTATION.—In developing the update under 

15 subsection (a), the National Space Council, or a designee 

16 of the National Space Council, shall seek advice and input 

17 on commercial standards and best practices from rep18 resentatives of the commercial space industry, academia, 

19 and nonprofit organizations, including through workshops 

20 and, as appropriate, advance public notice and comment 

21 processes under chapter 5 of title 5, United States Code. 

22 (c) PUBLICATION.—Not later than 1 year after the 

23 date of the enactment of this Act, such update shall be 

24 published in the Federal Register and posted to the rel25 evant Federal Government websites. 


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1 (d) REGULATIONS.—To promote uniformity and 

2 avoid duplication in the regulation of space activity, in3 cluding licensing by the Federal Aviation Administration, 

4 the National Oceanic and Atmospheric Administration, 

5 and the Federal Communications Commission, such up6 date, after publication, shall be used to inform the further 

7 development and promulgation of Federal regulations re8 lating to orbital debris. 

9 (e) INTERNATIONAL PROMOTION.—To encourage ef10 fective and nondiscriminatory standards, best practices, 

11 rules, and regulations implemented by other countries, 

12 such update shall inform bilateral and multilateral discus13 sions focused on the authorization and continuing super14 vision of nongovernmental space activities. 

15 SEC. 7. STANDARD PRACTICES FOR SPACE TRAFFIC CO16 ORDINATION. 

17 (a) IN GENERAL.—The Secretary, in coordination 

18 with members of the National Space Council and the Fed19 eral Communications Commission, shall facilitate the de20 velopment of standard practices for on-orbit space traffic 

21 coordination based on existing guidelines and best prac22 tices used by Government and commercial space industry 

23 operators. 

24 (b) CONSULTATION.—In facilitating the development 

25 of standard practices under subsection (a), the Secretary, 


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1 through the Office of Space Commerce, in consultation 

2 with the National Institute of Standards and Technology, 

3 shall engage in frequent and routine consultation with rep4 resentatives of the commercial space industry, academia, 

5 and nonprofit organizations. 

6 (c) PROMOTION OF STANDARD PRACTICES.—On 

7 completion of such standard practices, the Secretary, the 

8 Secretary of State, the Secretary of Transportation, the 

9 Administrator, and the Secretary of Defense shall promote 

10 the adoption and use of the standard practices for domes11 tic and international space missions. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Orbital Sustainability 

14 Act of 2023’’ or the ‘‘ORBITS Act of 2023’’. 

15 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

16 (a) FINDINGS.—Congress makes the following findings: 

17 (1) The safety and sustainability of operations 

18 in low-Earth orbit and nearby orbits in outer space 

19 have become increasingly endangered by a growing 

20 amount of orbital debris. 

21 (2) Exploration and scientific research missions 

22 and commercial space services of critical importance 

23 to the United States rely on continued and secure ac24 cess to outer space. 


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1 (3) Efforts by nongovernmental space entities to 

2 apply lessons learned through standards and best 

3 practices will benefit from government support for 

4 implementation both domestically and internation5 ally. 

6 (b) SENSE OF CONGRESS.—It is the sense of Congress 

7 that to preserve the sustainability of operations in space, 

8 the United States Government should— 

9 (1) to the extent practicable, develop and carry 

10 out programs, establish or update regulations, and 

11 commence initiatives to minimize orbital debris, in12 cluding initiatives to demonstrate active debris reme13 diation of orbital debris generated by the United 

14 States Government or other entities under the juris15 diction of the United States; 

16 (2) lead international efforts to encourage other 

17 spacefaring countries to mitigate and remediate or18 bital debris under their jurisdiction and control; and 

19 (3) encourage space system operators to continue 

20 implementing best practices for space safety when de21 ploying satellites and constellations of satellites, such 

22 as transparent data sharing and designing for system 

23 reliability, so as to limit the generation of future or24 bital debris. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ACTIVE DEBRIS REMEDIATION.—The term 

4 ‘‘active debris remediation’’— 

5 (A) means the deliberate process of facili6 tating the de-orbit, repurposing, or other disposal 

7 of orbital debris, which may include moving or8 bital debris to a safe position, using an object or 

9 technique that is external or internal to the or10 bital debris; and 

11 (B) does not include de-orbit, repurposing, 

12 or other disposal of orbital debris by passive 

13 means. 

14 (2) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the National Aer16 onautics and Space Administration. 

17 (3) APPROPRIATE COMMITTEES OF CONGRESS.— 

18 The term ‘‘appropriate committees of Congress’’ 

19 means— 

20 (A) the Committee on Appropriations, the 

21 Committee on Commerce, Science, and Transpor22 tation, and the Committee on Armed Services of 

23 the Senate; and 

24 (B) the Committee on Appropriations, the 

25 Committee on Science, Space, and Technology, 


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1 and the Committee on Armed Services of the 

2 House of Representatives. 

3 (4) DEMONSTRATION PROJECT.—The term ‘‘dem4 onstration project’’ means the active orbital debris re5 mediation demonstration project carried out under 

6 section 4(b). 

7 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means— 

9 (A) a United States-based— 

10 (i) non-Federal, commercial entity; 

11 (ii) institution of higher education (as 

12 defined in section 101(a) of the Higher 

13 Education Act of 1965 (20 U.S.C. 

14 1001(a))); or 

15 (iii) nonprofit organization; 

16 (B) any other United States-based entity 

17 the Administrator considers appropriate; and 

18 (C) a partnership of entities described in 

19 subparagraphs (A) and (B). 

20 (6) ORBITAL DEBRIS.—The term ‘‘orbital debris’’ 

21 means any human-made space object orbiting Earth 

22 that— 

23 (A) no longer serves an intended purpose; 

24 and 

25 (B)(i) has reached the end of its mission; or 


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1 (ii) is incapable of safe maneuver or 

2 operation. 

3 (7) PROJECT .—The term ‘‘project’’ means a spe4 cific investment with defined requirements, a life5 cycle cost, a period of duration with a beginning and 

6 an end, and a management structure that may inter7 face with other projects, agencies, and international 

8 partners to yield new or revised technologies address9 ing strategic goals. 

10 (8) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Commerce. 

12 (9) SPACE TRAFFIC COORDINATION.—The term 

13 ‘‘space traffic coordination’’ means the planning, co14 ordination, and on-orbit synchronization of activities 

15 to enhance the safety and sustainability of operations 

16 in the space environment. 

17 SEC. 4. ACTIVE DEBRIS REMEDIATION. 

18 (a) PRIORITIZATION OF ORBITAL DEBRIS.— 

19 (1) LIST.—Not later than 90 days after the date 

20 of the enactment of this Act, the Secretary, in con21 sultation with the Administrator, the Secretary of De22 fense, the Secretary of State, the National Space 

23 Council, and representatives of the commercial space 

24 industry, academia, and nonprofit organizations, 

25 shall publish a list of select identified orbital debris 


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1 that may be remediated to improve the safety and 

2 sustainability of orbiting satellites and on-orbit ac3 tivities. 

4 (2) CONTENTS.—The list required under para5 graph (1)— 

6 (A) shall be developed using appropriate 

7 sources of data and information derived from 

8 governmental and nongovernmental sources, in9 cluding space situational awareness data ob10 tained by the Office of Space Commerce, to the 

11 extent practicable; 

12 (B) shall include, to the extent prac13 ticable— 

14 (i) a description of the approximate 

15 age, location in orbit, size, mass, tumbling 

16 state, post-mission passivation actions 

17 taken, and national jurisdiction of each or18 bital debris identified; and 

19 (ii) data required to inform decisions 

20 regarding potential risk and feasibility of 

21 safe remediation; 

22 (C) may include orbital debris that poses a 

23 significant risk to terrestrial people and assets, 

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1 mental impacts from the uncontrolled reentry of 

2 the orbital debris identified; and 

3 (D) may include collections of small debris 

4 that, as of the date of the enactment of this Act, 

5 are untracked. 

6 (3) PUBLIC AVAILABILITY; PERIODIC UPDATES.— 

7 (A) IN GENERAL.—Subject to subparagraph 

8 (B), the list required under paragraph (1) shall 

9 be published in unclassified form on a publicly 

10 accessible internet website of the Department of 

11 Commerce. 

12 (B) EXCLUSION.—The Secretary may not 

13 include on the list published under subparagraph 

14 (A) data acquired from nonpublic sources. 

15 (C) PERIODIC UPDATES.—Such list shall be 

16 updated periodically. 

17 (4) ACQUISITION, ACCESS, USE, AND HANDLING

18 OF DATA OR INFORMATION.—In carrying out the ac19 tivities under this subsection, the Secretary— 

20 (A) shall acquire, access, use, and handle 

21 data or information in a manner consistent with 

22 applicable provisions of law and policy, includ23 ing laws and policies providing for the protec24 tion of privacy and civil liberties, and subject to 


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1 any restrictions required by the source of the in2 formation; 

3 (B) shall have access, upon written request, 

4 to all information, data, or reports of any execu5 tive agency that the Secretary determines nec6 essary to carry out the activities under this sub7 section, provided that such access is— 

8 (i) conducted in a manner consistent 

9 with applicable provisions of law and pol10 icy of the originating agency, including 

11 laws and policies providing for the protec12 tion of privacy and civil liberties; and 

13 (ii) consistent with due regard for the 

14 protection from unauthorized disclosure of 

15 classified information relating to sensitive 

16 intelligence sources and methods or other ex17 ceptionally sensitive matters; and 

18 (C) may obtain commercially available in19 formation that may not be publicly available. 

20 (b) ACTIVE ORBITAL DEBRIS REMEDIATION DEM21 ONSTRATION PROJECT.— 

22 (1) ESTABLISHMENT.—Not later than 180 days 

23 after the date of the enactment of this Act, subject to 

24 the availability of appropriations, the Administrator, 

25 in consultation with the head of each relevant Federal 


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1 department or agency, shall establish a demonstration 

2 project to make competitive awards for the research, 

3 development, and demonstration of technologies lead4 ing to the remediation of selected orbital debris iden5 tified under subsection (a)(1). 

6 (2) PURPOSE.—The purpose of the demonstra7 tion project shall be to enable eligible entities to pur8 sue the phased development and demonstration of 

9 technologies and processes required for active debris 

10 remediation. 

11 (3) PROCEDURES AND CRITERIA.—In estab12 lishing the demonstration project, the Administrator 

13 shall— 

14 (A) establish— 

15 (i) eligibility criteria for participation; 

16 (ii) a process for soliciting proposals 

17 from eligible entities; 

18 (iii) criteria for the contents of such 

19 proposals; 

20 (iv) project compliance and evaluation 

21 metrics; and 

22 (v) project phases and milestones; 

23 (B) identify government-furnished data or 

24 equipment; 


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1 (C) develop a plan for National Aeronautics 

2 and Space Administration participation, as ap3 propriate, in technology development and intel4 lectual property rights that— 

5 (i) leverages National Aeronautics and 

6 Space Administration Centers that have 

7 demonstrated expertise and historical 

8 knowledge in measuring, modeling, charac9 terizing, and describing the current and fu10 ture orbital debris environment; and 

11 (ii) develops the technical consensus for 

12 adopting mitigation measures for such par13 ticipation; 

14 (D)(i) assign a project manager to oversee 

15 the demonstration project and carry out project 

16 activities under this subsection; and 

17 (ii) in assigning such project manager, 

18 leverage National Aeronautics and Space 

19 Administration Centers and the personnel 

20 of National Aeronautics and Space Admin21 istration Centers, as practicable. 

22 (4) RESEARCH AND DEVELOPMENT PHASE.— 

23 With respect to orbital debris identified under para24 graph (1) of subsection (a), the Administrator shall, 

25 to the extent practicable and subject to the availVerDate Sep 11 2014 00:18 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S447.RS S447

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1 ability of appropriations, carry out the additional re2 search and development activities necessary to mature 

3 technologies, in partnership with eligible entities, 

4 with the intent to close commercial capability gaps 

5 and enable potential future remediation missions for 

6 such orbital debris, with a preference for technologies 

7 that are capable of remediating orbital debris that 

8 have a broad range of characteristics described in 

9 paragraph (2)(B)(i) of that subsection. 

10 (5) DEMONSTRATION MISSION PHASE.— 

11 (A) IN GENERAL.—The Administrator shall 

12 evaluate proposals for a demonstration mission, 

13 and select and enter into a partnership with an 

14 eligible entity, subject to the availability of ap15 propriations, with the intent to demonstrate 

16 technologies determined by the Administrator to 

17 meet a level of technology readiness sufficient to 

18 carry out on-orbit remediation of select orbital 

19 debris. 

20 (B) EVALUATION.—In evaluating proposals 

21 for the demonstration project, the Administrator 

22 shall— 

23 (i) consider the safety, feasibility, cost, 

24 benefit, and maturity of the proposed tech25 nology; 


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1 (ii) consider the potential for the pro2 posed demonstration to successfully reme3 diate orbital debris and to advance the com4 mercial state of the art with respect to ac5 tive debris remediation; 

6 (iii) carry out a risk analysis of the 

7 proposed technology that takes into consid8 eration the potential casualty risk to hu9 mans in space or on the Earth’s surface; 

10 (iv) in an appropriate setting, conduct 

11 thorough testing and evaluation of the pro12 posed technology and each component of 

13 such technology or system of technologies; 

14 and 

15 (v) consider the technical and financial 

16 feasibility of using the proposed technology 

17 to conduct multiple remediation missions. 

18 (C) CONSULTATION.—The Administrator 

19 shall consult with the head of each relevant Fed20 eral department or agency before carrying out 

21 any demonstration mission under this para22 graph. 

23 (D) ACTIVE DEBRIS REMEDIATION DEM24 ONSTRATION MISSION.—It is the sense of Con25 gress that the Administrator should consider 


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1 maximizing competition for, and use best prac2 tices to engage commercial entities in, an active 

3 debris remediation demonstration mission. 

4 (6) BRIEFING AND REPORTS.— 

5 (A) INITIAL BRIEFING.—Not later than 30 

6 days after the establishment of the demonstration 

7 project under paragraph (1), the Administrator 

8 shall provide to the appropriate committees of 

9 Congress a briefing on the details of the dem10 onstration project. 

11 (B) ANNUAL REPORT.—Not later than 1 

12 year after the initial briefing under subpara13 graph (A), and annually thereafter until the con14 clusion of the 1 or more demonstration missions, 

15 the Administrator shall submit to the appro16 priate committees of Congress a status report on 

17 the technology developed under the demonstration 

18 project and progress towards accomplishment of 

19 one or more demonstration missions. 

20 (C) RECOMMENDATIONS.—Not later than 1 

21 year after the date on which the first demonstra22 tion mission is carried out under this subsection, 

23 the Administrator, in consultation with the head 

24 of each relevant Federal department or agency, 

25 shall submit to Congress a report that provides 


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1 legislative, regulatory, and policy recommenda2 tions to improve active debris remediation mis3 sions, as applicable. 

4 (D) TECHNICAL ANALYSIS.— 

5 (i) IN GENERAL.—To inform decisions 

6 regarding the acquisition of active debris re7 mediation services by the Federal Govern8 ment, not later than 1 year after the date 

9 on which an award is made under para10 graph (1), the Administrator shall submit 

11 to Congress a report that— 

12 (I) summarizes the cost-effective13 ness, and provides a technical analysis 

14 of, technologies developed under the 

15 demonstration project; 

16 (II) identifies any technology gaps 

17 addressed by the demonstration project 

18 and any remaining technology gaps; 

19 and 

20 (III) provides, as applicable, any 

21 further legislative, regulatory, and pol22 icy recommendations to enable active 

23 debris remediation missions. 

24 (ii) AVAILABILITY.—The Administra25 tion shall make the report submitted under 


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1 clause (i) available to the Secretary, the 

2 Secretary of Defense, and other relevant 

3 Federal departments and agencies, as deter4 mined by the Administrator. 

5 (7) INTERNATIONAL COOPERATION.— 

6 (A) IN GENERAL.—In carrying out the dem7 onstration project, the Administrator, in con8 sultation with the National Space Council and 

9 in collaboration with the Secretary of State, may 

10 pursue a cooperative relationship with one or 

11 more partner countries to enable the remediation 

12 of orbital debris that is under the jurisdiction of 

13 such partner countries. 

14 (B) ARRANGEMENT OR AGREEMENT WITH

15 PARTNER COUNTRY.—Any arrangement or agree16 ment entered into with a partner country under 

17 subparagraph (A) shall be— 

18 (i) concluded— 

19 (I) in the interests of the United 

20 States Government; and 

21 (II) without prejudice to any con22 tractual arrangement among commer23 cial parties that may be required to 

24 complete the active debris remediation 

25 mission concerned; and 


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1 (ii) consistent with the international 

2 obligations of the United States under the 

3 international legal framework governing 

4 outer space activities. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Administrator to carry 

7 out this section $150,000,000 for the period of fiscal years 

8 2024 through 2028. 

9 SEC. 5. ACTIVE DEBRIS REMEDIATION SERVICES. 

10 (a) IN GENERAL.—To foster the competitive develop11 ment, operation, improvement, and commercial availability 

12 of active debris remediation services, and in consideration 

13 of the economic analysis required by subsection (b) and the 

14 briefing and reports under section 4(b)(6), the Adminis15 trator and the head of each relevant Federal department 

16 or agency may acquire services for the remediation of or17 bital debris, whenever practicable, through fair and open 

18 competition for contracts that are well-defined, milestone19 based, and in accordance with the Federal Acquisition Reg20 ulation. 

21 (b) ECONOMIC ANALYSIS.—Based on the results of the 

22 demonstration project, the Secretary, acting through the Of23 fice of Space Commerce, shall publish an assessment of the 

24 estimated Federal Government and private sector demand 


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1 for orbital debris remediation services for the 10-year period 

2 beginning in 2025. 

3 SEC. 6. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES 

4 FOR UNITED STATES SPACE ACTIVITIES. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of the enactment of this Act, the National Space Coun7 cil, in coordination with the Secretary, the Administrator 

8 of the Federal Aviation Administration, the Secretary of 

9 Defense, the Federal Communications Commission, and the 

10 Administrator, shall initiate an update to the Orbital De11 bris Mitigation Standard Practices that— 

12 (1) considers planned space systems, including 

13 satellite constellations; and 

14 (2) addresses— 

15 (A) collision risk; 

16 (B) explosion risk; 

17 (C) casualty probability; 

18 (D) post-mission disposal of space systems; 

19 (E) time to disposal or de-orbit; 

20 (F) spacecraft collision avoidance and auto21 mated identification capability; and 

22 (G) the ability to track orbital debris of de23 creasing size. 

24 (b) CONSULTATION.—In developing the update under 

25 subsection (a), the National Space Council, or a designee 


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1 of the National Space Council, shall seek advice and input 

2 on commercial standards and best practices from represent3 atives of the commercial space industry, academia, and 

4 nonprofit organizations, including through workshops and, 

5 as appropriate, advance public notice and comment proc6 esses under chapter 5 of title 5, United States Code. 

7 (c) PUBLICATION.—Not later than 1 year after the date 

8 of the enactment of this Act, such update shall be published 

9 in the Federal Register and posted to the relevant Federal 

10 Government internet websites. 

11 (d) REGULATIONS.—To promote uniformity and avoid 

12 duplication in the regulation of space activity, including 

13 licensing by the Federal Aviation Administration, the Na14 tional Oceanic and Atmospheric Administration, and the 

15 Federal Communications Commission, such update, after 

16 publication, shall be used to inform the further development 

17 and promulgation of Federal regulations relating to orbital 

18 debris. 

19 (e) INTERNATIONAL PROMOTION.—To encourage effec20 tive and nondiscriminatory standards, best practices, rules, 

21 and regulations implemented by other countries, such up22 date shall inform bilateral and multilateral discussions fo23 cused on the authorization and continuing supervision of 

24 nongovernmental space activities. 


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1 (f) PERIODIC REVIEW.—Not less frequently than every 

2 5 years, the Orbital Debris Mitigation Standard Practices 

3 referred to in subsection (a) shall be assessed and, if nec4 essary, updated, used, and promulgated in a manner con5 sistent with this section. 

6 SEC. 7. STANDARD PRACTICES FOR SPACE TRAFFIC CO7 ORDINATION. 

8 (a) IN GENERAL.—The Secretary, in coordination 

9 with the Secretary of Defense and members of the National 

10 Space Council and the Federal Communications Commis11 sion, shall facilitate the development of standard practices 

12 for on-orbit space traffic coordination based on existing 

13 guidelines and best practices used by Government and com14 mercial space industry operators. 

15 (b) CONSULTATION.—In facilitating the development 

16 of standard practices under subsection (a), the Secretary, 

17 through the Office of Space Commerce, in consultation with 

18 the National Institute of Standards and Technology, shall 

19 engage in frequent and routine consultation with represent20 atives of the commercial space industry, academia, and 

21 nonprofit organizations. 

22 (c) PROMOTION OF STANDARD PRACTICES.—On com23 pletion of such standard practices, the Secretary, the Sec24 retary of State, the Secretary of Transportation, the Ad25 ministrator, and the Secretary of Defense shall promote the 


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1 adoption and use of the standard practices for domestic and 

2 international space missions. 


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Calendar No. 206 

118TH CONGRESS 

1ST SESSION S. 447 

A BILL 

To establish a demonstration program for the acposes. tainable orbital environment, and for other pur- ard practices in order to support a safe and sus- the development of uniform orbital debris stand- tive remediation of orbital debris and to require 

SEPTEMBER 12, 2023 

Reported with an amendment 


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