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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 447 Engrossed in Senate (ES)]

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118th CONGRESS
  1st Session
                                 S. 447

_______________________________________________________________________

                                 AN ACT

 
  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Orbital Sustainability Act of 2023'' 
or the ``ORBITS Act of 2023''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) The safety and sustainability of operations in low-
        Earth orbit and nearby orbits in outer space have become 
        increasingly endangered by a growing amount of orbital debris.
            (2) Exploration and scientific research missions and 
        commercial space services of critical importance to the United 
        States rely on continued and secure access to outer space.
            (3) Efforts by nongovernmental space entities to apply 
        lessons learned through standards and best practices will 
        benefit from government support for implementation both 
        domestically and internationally.
    (b) Sense of Congress.--It is the sense of Congress that to 
preserve the sustainability of operations in space, the United States 
Government should--
            (1) to the extent practicable, develop and carry out 
        programs, establish or update regulations, and commence 
        initiatives to minimize orbital debris, including initiatives 
        to demonstrate active debris remediation of orbital debris 
        generated by the United States Government or other entities 
        under the jurisdiction of the United States;
            (2) lead international efforts to encourage other 
        spacefaring countries to mitigate and remediate orbital debris 
        under their jurisdiction and control; and
            (3) encourage space system operators to continue 
        implementing best practices for space safety when deploying 
        satellites and constellations of satellites, such as 
        transparent data sharing and designing for system reliability, 
        so as to limit the generation of future orbital debris.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Active debris remediation.--The term ``active debris 
        remediation''--
                    (A) means the deliberate process of facilitating 
                the de-orbit, repurposing, or other disposal of orbital 
                debris, which may include moving orbital debris to a 
                safe position, using an object or technique that is 
                external or internal to the orbital debris; and
                    (B) does not include de-orbit, repurposing, or 
                other disposal of orbital debris by passive means.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Commerce, Science, and Transportation, the Committee 
                on Foreign Relations, and the Committee on Armed 
                Services of the Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Science, Space, and Technology, the Committee on 
                Foreign Affairs, and the Committee on Armed Services of 
                the House of Representatives.
            (4) Demonstration project.--The term ``demonstration 
        project'' means the active orbital debris remediation 
        demonstration project carried out under section 4(b).
            (5) Eligible entity.--The term ``eligible entity'' means--
                    (A) a United States-based--
                            (i) non-Federal, commercial entity;
                            (ii) institution of higher education (as 
                        defined in section 101(a) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001(a))); or
                            (iii) nonprofit organization;
                    (B) any other United States-based entity the 
                Administrator considers appropriate; and
                    (C) a partnership of entities described in 
                subparagraphs (A) and (B).
            (6) Orbital debris.--The term ``orbital debris'' means any 
        human-made space object orbiting Earth that--
                    (A) no longer serves an intended purpose; and
                    (B)(i) has reached the end of its mission; or
                            (ii) is incapable of safe maneuver or 
                        operation.
            (7) Project.--The term ``project'' means a specific 
        investment with defined requirements, a life-cycle cost, a 
        period of duration with a beginning and an end, and a 
        management structure that may interface with other projects, 
        agencies, and international partners to yield new or revised 
        technologies addressing strategic goals.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (9) Space traffic coordination.--The term ``space traffic 
        coordination'' means the planning, coordination, and on-orbit 
        synchronization of activities to enhance the safety and 
        sustainability of operations in the space environment.

SEC. 4. ACTIVE DEBRIS REMEDIATION.

    (a) Prioritization of Orbital Debris.--
            (1) List.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator, the Secretary of Defense, the Secretary of 
        State, the National Space Council, and representatives of the 
        commercial space industry, academia, and nonprofit 
        organizations, shall publish a list of select identified 
        orbital debris that may be remediated to improve the safety and 
        sustainability of orbiting satellites and on-orbit activities.
            (2) Contents.--The list required under paragraph (1)--
                    (A) shall be developed using appropriate sources of 
                data and information derived from governmental and 
                nongovernmental sources, including space situational 
                awareness data obtained by the Office of Space 
                Commerce, to the extent practicable;
                    (B) shall include, to the extent practicable--
                            (i) a description of the approximate age, 
                        location in orbit, size, mass, tumbling state, 
                        post-mission passivation actions taken, and 
                        national jurisdiction of each orbital debris 
                        identified; and
                            (ii) data required to inform decisions 
                        regarding potential risk and feasibility of 
                        safe remediation;
                    (C) may include orbital debris that poses a 
                significant risk to terrestrial people and assets, 
                including risk resulting from potential environmental 
                impacts from the uncontrolled reentry of the orbital 
                debris identified; and
                    (D) may include collections of small debris that, 
                as of the date of the enactment of this Act, are 
                untracked.
            (3) Public availability; periodic updates.--
                    (A) In general.--Subject to subparagraph (B), the 
                list required under paragraph (1) shall be published in 
                unclassified form on a publicly accessible internet 
                website of the Department of Commerce.
                    (B) Exclusion.--The Secretary may not include on 
                the list published under subparagraph (A) data acquired 
                from nonpublic sources.
                    (C) Periodic updates.--Such list shall be updated 
                periodically.
            (4) Acquisition, access, use, and handling of data or 
        information.--In carrying out the activities under this 
        subsection, the Secretary--
                    (A) shall acquire, access, use, and handle data or 
                information in a manner consistent with applicable 
                provisions of law and policy, including laws and 
                policies providing for the protection of privacy and 
                civil liberties, and subject to any restrictions 
                required by the source of the information;
                    (B) shall have access, upon written request, to all 
                information, data, or reports of any executive agency 
                that the Secretary determines necessary to carry out 
                the activities under this subsection, provided that 
                such access is--
                            (i) conducted in a manner consistent with 
                        applicable provisions of law and policy of the 
                        originating agency, including laws and policies 
                        providing for the protection of privacy and 
                        civil liberties; and
                            (ii) consistent with due regard for the 
                        protection from unauthorized disclosure of 
                        classified information relating to sensitive 
                        intelligence sources and methods or other 
                        exceptionally sensitive matters; and
                    (C) may obtain commercially available information 
                that may not be publicly available.
    (b) Active Orbital Debris Remediation Demonstration Project.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, subject to the availability of 
        appropriations, the Administrator, in consultation with the 
        head of each relevant Federal department or agency, shall 
        establish a demonstration project to make competitive awards 
        for the research, development, and demonstration of 
        technologies leading to the remediation of selected orbital 
        debris identified under subsection (a)(1).
            (2) Purpose.--The purpose of the demonstration project 
        shall be to enable eligible entities to pursue the phased 
        development and demonstration of technologies and processes 
        required for active debris remediation.
            (3) Procedures and criteria.--In establishing the 
        demonstration project, the Administrator shall--
                    (A) establish--
                            (i) eligibility criteria for participation; 
                        and
                            (ii) a process for soliciting proposals 
                        from eligible entities;
                            (iii) criteria for the contents of such 
                        proposals;
                            (iv) project compliance and evaluation 
                        metrics; and
                            (v) project phases and milestones;
                    (B) identify government-furnished data or 
                equipment;
                    (C) develop a plan for National Aeronautics and 
                Space Administration participation, as appropriate, in 
                technology development and intellectual property rights 
                that--
                            (i) leverages National Aeronautics and 
                        Space Administration Centers that have 
                        demonstrated expertise and historical knowledge 
                        in measuring, modeling, characterizing, and 
                        describing the current and future orbital 
                        debris environment; and
                            (ii) develops the technical consensus for 
                        adopting mitigation measures for such 
                        participation; and
                    (D)(i) assign a project manager to oversee the 
                demonstration project and carry out project activities 
                under this subsection; and
                    (ii) in assigning such project manager, leverage 
                National Aeronautics and Space Administration Centers 
                and the personnel of National Aeronautics and Space 
                Administration Centers, as practicable.
            (4) Research and development phase.--With respect to 
        orbital debris identified under paragraph (1) of subsection 
        (a), the Administrator shall, to the extent practicable and 
        subject to the availability of appropriations, carry out the 
        additional research and development activities necessary to 
        mature technologies, in partnership with eligible entities, 
        with the intent to close commercial capability gaps and enable 
        potential future remediation missions for such orbital debris, 
        with a preference for technologies that are capable of 
        remediating orbital debris that have a broad range of 
        characteristics described in paragraph (2)(B)(i) of that 
        subsection.
            (5) Demonstration mission phase.--
                    (A) In general.--The Administrator shall evaluate 
                proposals for a demonstration mission, and select and 
                enter into a partnership with an eligible entity, 
                subject to the availability of appropriations, with the 
                intent to demonstrate technologies determined by the 
                Administrator to meet a level of technology readiness 
                sufficient to carry out on-orbit remediation of select 
                orbital debris.
                    (B) Evaluation.--In evaluating proposals for the 
                demonstration project, the Administrator shall--
                            (i) consider the safety, feasibility, cost, 
                        benefit, and maturity of the proposed 
                        technology;
                            (ii) consider the potential for the 
                        proposed demonstration to successfully 
                        remediate orbital debris and to advance the 
                        commercial state of the art with respect to 
                        active debris remediation;
                            (iii) carry out a risk analysis of the 
                        proposed technology that takes into 
                        consideration the potential casualty risk to 
                        humans in space or on the Earth's surface;
                            (iv) in an appropriate setting, conduct 
                        thorough testing and evaluation of the proposed 
                        technology and each component of such 
                        technology or system of technologies; and
                            (v) consider the technical and financial 
                        feasibility of using the proposed technology to 
                        conduct multiple remediation missions.
                    (C) Consultation.--The Administrator shall consult 
                with the head of each relevant Federal department or 
                agency before carrying out any demonstration mission 
                under this paragraph.
                    (D) Active debris remediation demonstration 
                mission.--It is the sense of Congress that the 
                Administrator should consider maximizing competition 
                for, and use best practices to engage commercial 
                entities in, an active debris remediation demonstration 
                mission.
            (6) Briefing and reports.--
                    (A) Initial briefing.--Not later than 30 days after 
                the establishment of the demonstration project under 
                paragraph (1), the Administrator shall provide to the 
                appropriate committees of Congress a briefing on the 
                details of the demonstration project.
                    (B) Annual report.--Not later than 1 year after the 
                initial briefing under subparagraph (A), and annually 
                thereafter until the conclusion of the 1 or more 
                demonstration missions, the Administrator shall submit 
                to the appropriate committees of Congress a status 
                report on--
                            (i) the technology developed under the 
                        demonstration project;
                            (ii) progress toward the accomplishment of 
                        the 1 or more demonstration missions; and
                            (iii) any duplicative efforts carried out 
                        or supported by the National Aeronautics and 
                        Space Administration or the Department of 
                        Defense.
                    (C) Recommendations.--Not later than 1 year after 
                the date on which the first demonstration mission is 
                carried out under this subsection, the Administrator, 
                in consultation with the head of each relevant Federal 
                department or agency, shall submit to Congress a report 
                that provides legislative, regulatory, and policy 
                recommendations to improve active debris remediation 
                missions, as applicable.
                    (D) Technical analysis.--
                            (i) In general.--To inform decisions 
                        regarding the acquisition of active debris 
                        remediation services by the Federal Government, 
                        not later than 1 year after the date on which 
                        an award is made under paragraph (1), the 
                        Administrator shall submit to Congress a report 
                        that--
                                    (I) summarizes the cost-
                                effectiveness, and provides a technical 
                                analysis of, technologies developed 
                                under the demonstration project;
                                    (II) identifies any technology gaps 
                                addressed by the demonstration project 
                                and any remaining technology gaps; and
                                    (III) provides, as applicable, any 
                                further legislative, regulatory, and 
                                policy recommendations to enable active 
                                debris remediation missions.
                            (ii) Availability.--The Administration 
                        shall make the report submitted under clause 
                        (i) available to the Secretary, the Secretary 
                        of Defense, and other relevant Federal 
                        departments and agencies, as determined by the 
                        Administrator.
            (7) Sense of congress on international cooperation.--It is 
        the sense of Congress that, in carrying out the demonstration 
        project, it is critical that the Administrator, in coordination 
        with the Secretary of State and in consultation with the 
        National Space Council, cooperate with one or more partner 
        countries to enable the remediation of orbital debris that is 
        under their respective jurisdictions.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section 
$150,000,000 for the period of fiscal years 2024 through 2028.
    (d) Rescission of Unobligated Funds.--Unobligated balances of 
amounts appropriated or otherwise made available by subsection (c) as 
of September 30, 2028, shall be rescinded not later than December 31, 
2028.
    (e) Rule of Construction.--Nothing in this section may be construed 
to grant the Administrator the authority to issue any regulation 
relating to activities under subsection (b) or related space activities 
under title 51, United States Code.

SEC. 5. ACTIVE DEBRIS REMEDIATION SERVICES.

    (a) In General.--To foster the competitive development, operation, 
improvement, and commercial availability of active debris remediation 
services, and in consideration of the economic analysis required by 
subsection (b) and the briefing and reports under section 4(b)(6), the 
Administrator and the head of each relevant Federal department or 
agency may acquire services for the remediation of orbital debris, 
whenever practicable, through fair and open competition for contracts 
that are well-defined, milestone-based, and in accordance with the 
Federal Acquisition Regulation.
    (b) Economic Analysis.--Based on the results of the demonstration 
project, the Secretary, acting through the Office of Space Commerce, 
shall publish an assessment of the estimated Federal Government and 
private sector demand for orbital debris remediation services for the 
10-year period beginning in 2025.

SEC. 6. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR UNITED STATES 
              SPACE ACTIVITIES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the National Space Council, in coordination with 
the Secretary, the Administrator of the Federal Aviation 
Administration, the Secretary of Defense, the Secretary of State, the 
Federal Communications Commission, and the Administrator, shall 
initiate an update to the Orbital Debris Mitigation Standard Practices 
that--
            (1) considers planned space systems, including satellite 
        constellations; and
            (2) addresses--
                    (A) collision risk;
                    (B) explosion risk;
                    (C) casualty probability;
                    (D) post-mission disposal of space systems;
                    (E) time to disposal or de-orbit;
                    (F) spacecraft collision avoidance and automated 
                identification capability; and
                    (G) the ability to track orbital debris of 
                decreasing size.
    (b) Consultation.--In developing the update under subsection (a), 
the National Space Council, or a designee of the National Space 
Council, shall seek advice and input on commercial standards and best 
practices from representatives of the commercial space industry, 
academia, and nonprofit organizations, including through workshops and, 
as appropriate, advance public notice and comment processes under 
chapter 5 of title 5, United States Code.
    (c) Publication.--Not later than 1 year after the date of the 
enactment of this Act, such update shall be published in the Federal 
Register and posted to the relevant Federal Government internet 
websites.
    (d) Regulations.--To promote uniformity and avoid duplication in 
the regulation of space activity, including licensing by the Federal 
Aviation Administration, the National Oceanic and Atmospheric 
Administration, and the Federal Communications Commission, such update, 
after publication, shall be used to inform the further development and 
promulgation of Federal regulations relating to orbital debris.
    (e) International Promotion.--To encourage effective and 
nondiscriminatory standards, best practices, rules, and regulations 
implemented by other countries, such update shall inform bilateral and 
multilateral discussions focused on the authorization and continuing 
supervision of nongovernmental space activities.
    (f) Periodic Review.--Not less frequently than every 5 years, the 
Orbital Debris Mitigation Standard Practices referred to in subsection 
(a) shall be assessed and, if necessary, updated, used, and promulgated 
in a manner consistent with this section.

SEC. 7. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION.

    (a) In General.--The Secretary, in coordination with the Secretary 
of Defense and members of the National Space Council and the Federal 
Communications Commission, shall facilitate the development of standard 
practices for on-orbit space traffic coordination based on existing 
guidelines and best practices used by Government and commercial space 
industry operators.
    (b) Consultation.--In facilitating the development of standard 
practices under subsection (a), the Secretary, through the Office of 
Space Commerce, in consultation with the National Institute of 
Standards and Technology, shall engage in frequent and routine 
consultation with representatives of the commercial space industry, 
academia, and nonprofit organizations.
    (c) Promotion of Standard Practices.--On completion of such 
standard practices, the Secretary, the Secretary of State, the 
Secretary of Transportation, the Administrator, and the Secretary of 
Defense shall promote the adoption and use of the standard practices 
for domestic and international space missions.

            Passed the Senate October 31, 2023.

            Attest:

                                                             Secretary.
118th CONGRESS

  1st Session

                                 S. 447

_______________________________________________________________________

                                 AN ACT

  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.
```