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

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that 
to preserve the sustainability of operations in space, the United 
States Government should--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) lead international efforts to encourage other 
        spacefaring countries to mitigate and remediate orbital debris 
        under their jurisdiction and control; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Active debris remediation.--The term ``active 
        debris remediation''--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) does not include de-orbit, 
                repurposing, or other disposal of orbital debris by 
                passive means.</DELETED>
        <DELETED>    (2) Administrator.--The term ``Administrator'' 
        means the Administrator of the National Aeronautics and Space 
        Administration.</DELETED>
        <DELETED>    (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--</DELETED>
                <DELETED>    (A) the Committee on Appropriations, the 
                Committee on Commerce, Science, and Transportation, and 
                the Committee on Armed Services of the Senate; 
                and</DELETED>
                <DELETED>    (B) the Committee on Appropriations, the 
                Committee on Science, Space, and Technology, and the 
                Committee on Armed Services of the House of 
                Representatives.</DELETED>
        <DELETED>    (4) Demonstration program.--The term 
        ``demonstration program'' means the active orbital debris 
        remediation demonstration program carried out under section 
        4(b).</DELETED>
        <DELETED>    (5) Eligible entity.--The term ``eligible entity'' 
        means--</DELETED>
                <DELETED>    (A) a United States-based--</DELETED>
                        <DELETED>    (i) non-Federal, commercial 
                        entity;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) nonprofit 
                        organization;</DELETED>
                <DELETED>    (B) any other United States-based entity 
                the Administrator considers appropriate; and</DELETED>
                <DELETED>    (C) a partnership of entities described in 
                subparagraphs (A) and (B).</DELETED>
        <DELETED>    (6) Orbital debris.--The term ``orbital debris'' 
        means any human-made space object orbiting Earth that--
        </DELETED>
                <DELETED>    (A) no longer serves an intended purpose; 
                and</DELETED>
                <DELETED>    (B)(i) has reached the end of its mission; 
                or</DELETED>
                <DELETED>    (ii) is incapable of safe maneuver or 
                operation.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (8) 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.</DELETED>

<DELETED>SEC. 4. ACTIVE DEBRIS REMEDIATION.</DELETED>

<DELETED>    (a) Prioritization of Orbital Debris.--</DELETED>
        <DELETED>    (1) List.--Not later than 90 days after the date 
        of the enactment of this Act, the Administrator, in 
        consultation with the Secretary, the Secretary of Defense, the 
        National Space Council, and representatives of the commercial 
        space industry, academia, and nonprofit organizations, shall 
        publish a list of identified orbital debris that pose the 
        greatest immediate risk to the safety and sustainability of 
        orbiting satellites and on-orbit activities.</DELETED>
        <DELETED>    (2) Contents.--The list required under paragraph 
        (1)--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) shall include, to the extent 
                practicable--</DELETED>
                        <DELETED>    (i) a description of the 
                        approximate age, location in orbit, size, 
                        tumbling state, post-mission passivation 
                        actions taken, and national jurisdiction of 
                        each orbital debris identified; and</DELETED>
                        <DELETED>    (ii) data required to inform 
                        decisions regarding potential risk and 
                        feasibility of safe remediation; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Public availability; periodic updates.--
        </DELETED>
                <DELETED>    (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 National Aeronautics and Space 
                Administration.</DELETED>
                <DELETED>    (B) Exclusion.--The Administration may not 
                include on the list published under subparagraph (A) 
                data acquired from nonpublic sources.</DELETED>
                <DELETED>    (C) Periodic updates.--Such list shall be 
                updated periodically.</DELETED>
        <DELETED>    (4) Research and development.--With respect to 
        orbital debris identified under paragraph (1), the 
        Administrator shall, to the extent practicable and subject to 
        the availability of appropriations, carry out the additional 
        research and development activities necessary, in consultation 
        with the commercial space industry, to mature technologies that 
        close commercial capability gaps and enable potential future 
        remediation missions for such orbital debris.</DELETED>
        <DELETED>    (5) Acquisition, access, use, and handling of data 
        or information.--In carrying out the activities under this 
        subsection, the Administrator--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) shall have access, upon written 
                request, to all information, data, or reports of any 
                executive agency that the Administrator determines 
                necessary to carry out the activities under this 
                subsection, provided that such access is--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (C) may obtain commercially available 
                information that may not be publicly 
                available.</DELETED>
<DELETED>    (b) Active Orbital Debris Remediation Demonstration 
Program.--</DELETED>
        <DELETED>    (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 program to make 
        competitive awards for the development of technologies leading 
        to the remediation of selected orbital debris identified under 
        subsection (a)(1).</DELETED>
        <DELETED>    (2) Purpose.--The purpose of the demonstration 
        program shall be to enable eligible entities to pursue the 
        phased development and demonstration of technologies and 
        processes required for active debris remediation.</DELETED>
        <DELETED>    (3) Procedures and criteria.--In establishing the 
        demonstration program, the Administrator shall--</DELETED>
                <DELETED>    (A) establish--</DELETED>
                        <DELETED>    (i) eligibility criteria for 
                        participation;</DELETED>
                        <DELETED>    (ii) a process for soliciting 
                        proposals from eligible entities;</DELETED>
                        <DELETED>    (iii) criteria for the contents of 
                        such proposals;</DELETED>
                        <DELETED>    (iv) program compliance and 
                        evaluation metrics; and</DELETED>
                        <DELETED>    (v) program phases and 
                        milestones;</DELETED>
                <DELETED>    (B) identify government-furnished data or 
                equipment; and</DELETED>
                <DELETED>    (C) develop a plan for National 
                Aeronautics and Space Administration participation in 
                technology development, as appropriate, and 
                intellectual property rights.</DELETED>
        <DELETED>    (4) Proposal evaluation.--In evaluating proposals 
        for the demonstration program, the Administrator shall--
        </DELETED>
                <DELETED>    (A) consider the safety, feasibility, 
                cost, benefit, and maturity of the proposed 
                technology;</DELETED>
                <DELETED>    (B) 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;</DELETED>
                <DELETED>    (C) 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;</DELETED>
                <DELETED>    (D) in an appropriate setting, conduct 
                thorough testing and evaluation of the proposed 
                technology and each component of such technology or 
                system of technologies; and</DELETED>
                <DELETED>    (E) consider the technical and financial 
                feasibility of using the proposed technology to conduct 
                multiple remediation missions.</DELETED>
        <DELETED>    (5) Demonstration mission.--</DELETED>
                <DELETED>    (A) In general.--The Administrator shall 
                consult with the head of each relevant Federal 
                department or agency in advance of each demonstration 
                mission.</DELETED>
                <DELETED>    (B) 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.</DELETED>
                <DELETED>    (C) Spectrum considerations.--The 
                Administrator shall convey any potential spectrum 
                allocations and licensing needs for active debris 
                remediation demonstration missions to the Federal 
                Communications Commission through the National 
                Telecommunications and Information Administration as 
                soon as practicable after any such spectrum allocation 
                or licensing need has been identified.</DELETED>
        <DELETED>    (6) Reports.--</DELETED>
                <DELETED>    (A) 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.</DELETED>
                <DELETED>    (B) Technical analysis.--</DELETED>
                        <DELETED>    (i) In general.--To inform 
                        decisions regarding the acquisition of active 
                        debris remediation services by the Federal 
                        Government, not later than 180 days after the 
                        completion of the demonstration program, the 
                        Administrator shall submit to Congress a report 
                        that--</DELETED>
                                <DELETED>    (I) summarizes a technical 
                                analysis of technologies developed 
                                under the demonstration 
                                program;</DELETED>
                                <DELETED>    (II) identifies any 
                                technology gaps addressed by the 
                                demonstration program and any remaining 
                                technology gaps; and</DELETED>
                                <DELETED>    (III) provides, as 
                                applicable, any further legislative, 
                                regulatory, and policy recommendations 
                                to enable active debris remediation 
                                missions.</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (7) International cooperation.--</DELETED>
                <DELETED>    (A) In general.--In carrying out the 
                demonstration program, the Administrator, in 
                consultation with the National Space Council and in 
                collaboration with the Secretary of State, may pursue a 
                cooperative relationship with one or more partner 
                countries to enable the remediation of orbital debris 
                that is under the jurisdiction of such partner 
                countries.</DELETED>
                <DELETED>    (B) Arrangement or agreement with partner 
                country.--Any arrangement or agreement entered into 
                with a partner country under subparagraph (A) shall 
                be--</DELETED>
                        <DELETED>    (i) concluded--</DELETED>
                                <DELETED>    (I) in the interests of 
                                the United States Government; 
                                and</DELETED>
                                <DELETED>    (II) without prejudice to 
                                any contractual arrangement among 
                                commercial parties that may be required 
                                to complete the active debris 
                                remediation mission concerned; 
                                and</DELETED>
                        <DELETED>    (ii) consistent with the 
                        international obligations of the United States 
                        under the international legal framework 
                        governing outer space activities.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. ACTIVE DEBRIS REMEDIATION SERVICES.</DELETED>

<DELETED>    (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 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.</DELETED>
<DELETED>    (b) Economic Analysis.--Based on the results of the 
demonstration program, 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.</DELETED>

<DELETED>SEC. 6. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR UNITED 
              STATES SPACE ACTIVITIES.</DELETED>

<DELETED>    (a) In General.--Not later than 90 days after the date of 
the enactment of this Act, and every 5 years thereafter, the National 
Space Council, in coordination with the Secretary, the Administrator of 
the Federal Aviation Administration, the Secretary of Defense, the 
Federal Communications Commission, and the Administrator, shall 
initiate an update to the Orbital Debris Mitigation Standard Practices 
that--</DELETED>
        <DELETED>    (1) considers planned space systems, including 
        satellite constellations; and</DELETED>
        <DELETED>    (2) addresses--</DELETED>
                <DELETED>    (A) collision risk;</DELETED>
                <DELETED>    (B) casualty probability;</DELETED>
                <DELETED>    (C) post-mission disposal of space 
                systems;</DELETED>
                <DELETED>    (D) time to disposal or de-
                orbit;</DELETED>
                <DELETED>    (E) spacecraft collision avoidance and 
                automated identification capability; and</DELETED>
                <DELETED>    (F) the ability to track orbital debris of 
                decreasing size.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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 
websites.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. STANDARD PRACTICES FOR SPACE TRAFFIC 
              COORDINATION.</DELETED>

<DELETED>    (a) In General.--The Secretary, in coordination with 
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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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, and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Science, Space, and Technology, 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;
                            (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;
                    (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 the technology developed under the 
                demonstration project and progress towards 
                accomplishment of one or more demonstration missions.
                    (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) International cooperation.--
                    (A) In general.--In carrying out the demonstration 
                project, the Administrator, in consultation with the 
                National Space Council and in collaboration with the 
                Secretary of State, may pursue a cooperative 
                relationship with one or more partner countries to 
                enable the remediation of orbital debris that is under 
                the jurisdiction of such partner countries.
                    (B) Arrangement or agreement with partner 
                country.--Any arrangement or agreement entered into 
                with a partner country under subparagraph (A) shall 
                be--
                            (i) concluded--
                                    (I) in the interests of the United 
                                States Government; and
                                    (II) without prejudice to any 
                                contractual arrangement among 
                                commercial parties that may be required 
                                to complete the active debris 
                                remediation mission concerned; and
                            (ii) consistent with the international 
                        obligations of the United States under the 
                        international legal framework governing outer 
                        space activities.
    (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.

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 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.
                                                       Calendar No. 206

118th CONGRESS

  1st Session

                                 S. 447

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 12, 2023

                       Reported with an amendment
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