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

<DOC>






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

_______________________________________________________________________

                                 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,

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;
            (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 program.--The term ``demonstration 
        program'' means the active orbital debris remediation 
        demonstration program 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) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (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.

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 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.
            (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, 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; and
                    (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.
            (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 National Aeronautics and Space 
                Administration.
                    (B) Exclusion.--The Administration 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) 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.
            (5) Acquisition, access, use, and handling of data or 
        information.--In carrying out the activities under this 
        subsection, the Administrator--
                    (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 Administrator 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 Program.--
            (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).
            (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.
            (3) Procedures and criteria.--In establishing the 
        demonstration program, 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) program compliance and evaluation 
                        metrics; and
                            (v) program phases and milestones;
                    (B) identify government-furnished data or 
                equipment; and
                    (C) develop a plan for National Aeronautics and 
                Space Administration participation in technology 
                development, as appropriate, and intellectual property 
                rights.
            (4) Proposal evaluation.--In evaluating proposals for the 
        demonstration program, the Administrator shall--
                    (A) consider the safety, feasibility, cost, 
                benefit, and maturity of the proposed technology;
                    (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;
                    (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;
                    (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
                    (E) consider the technical and financial 
                feasibility of using the proposed technology to conduct 
                multiple remediation missions.
            (5) Demonstration mission.--
                    (A) In general.--The Administrator shall consult 
                with the head of each relevant Federal department or 
                agency in advance of each demonstration mission.
                    (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.
                    (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.
            (6) Reports.--
                    (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.
                    (B) Technical analysis.--
                            (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--
                                    (I) summarizes a technical analysis 
                                of technologies developed under the 
                                demonstration program;
                                    (II) identifies any technology gaps 
                                addressed by the demonstration program 
                                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 
                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.
                    (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 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 
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.

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, 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--
            (1) considers planned space systems, including satellite 
        constellations; and
            (2) addresses--
                    (A) collision risk;
                    (B) casualty probability;
                    (C) post-mission disposal of space systems;
                    (D) time to disposal or de-orbit;
                    (E) spacecraft collision avoidance and automated 
                identification capability; and
                    (F) 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 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.

SEC. 7. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION.

    (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.
    (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.
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