#aahth ,,congress #ast ,session ,s4 #ddg ,,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 environment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,orbital ,sustainability ,act of #bjbc or the ,,orbits ,act of #bjbc4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,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 debris4 7#b7 ,exploration and scientific research missions and commercial space services of critical importance to the ,united ,states rely on continued and secure access to outer space4 7#c7 ,efforts by nongovernmental space entities to apply lessons learned through standards and best practices will benefit from government support for implementation both domestically and internationally4 7b7 ,sense of ,congress ,it is the sense of ,congress that to preserve the sustainability of operations in space1 the ,united ,states ,government should-- 7#a7 to the extent practicable1 develop and carry out programs1 establish or update regulations1 and commence initiatives to minimize orbital debris1 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 ,states2 7#b7 lead international efforts to encourage other spacefaring countries to mitigate and remediate orbital debris under their jurisdiction and control2 and 7#c7 encourage space system operators to continue implementing best practices for space safety when deploying satellites and constellations of satellites1 such as transparent data sharing and designing for system reliability1 so as to limit the generation of future orbital debris4 #c4 ,definitions ,in this ,act3 7#a7 ,active debris remediation ,the term active debris remediation-- 7,a7 means the deliberate process of facilitating the de-orbit1 repurposing1 or other disposal of orbital debris1 which may include moving orbital debris to a safe position1 using an object or technique that is external or internal to the orbital debris2 and 7,b7 does not include de-orbit1 repurposing1 or other disposal of orbital debris by passive means4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,aeronautics and ,space ,administration4 7#c7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,foreign ,relations1 and the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,science1 ,space1 and ,technology1 the ,committee on ,foreign ,affairs1 and the ,committee on ,armed ,services of the ,house of ,representatives4 7#d7 ,demonstration project ,the term demonstration project means the active orbital debris remediation demonstration project carried out under section #d7;b74 7#e7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,united ,states-based-- 7i7 non-,federal1 commercial entity2 7ii7 institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7iii7 nonprofit organization2 7,b7 any other ,united ,states-based entity the ,administrator considers appropriate2 and 7,c7 a partnership of entities described in subparagraphs 7,a7 and 7,b74 7#f7 ,orbital debris ,the term orbital debris means any human-made space object orbiting ,earth that-- 7,a7 no longer serves an intended purpose2 and 7,b7 7i7 has reached the end of its mission2 or 7ii7 is incapable of safe maneuver or operation4 7#g7 ,project ,the term project means a specific investment with defined requirements1 a life-cycle cost1 a period of duration with a beginning and an end1 and a management structure that may interface with other projects1 agencies1 and international partners to yield new or revised technologies addressing strategic goals4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#i7 ,space traffic coordination ,the term space traffic coordination means the planning1 coordination1 and on-orbit synchronization of activities to enhance the safety and sustainability of operations in the space environment4 #d4 ,active debris remediation 7a7 ,prioritization of orbital debris 7#a7 ,list ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,administrator1 the ,secretary of ,defense1 the ,secretary of ,state1 the ,national ,space ,council1 and representatives of the commercial space industry1 academia1 and nonprofit organizations1 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 activities4 7#b7 ,contents ,the list required under paragraph 7#a7-- 7,a7 shall be developed using appropriate sources of data and information derived from governmental and nongovernmental sources1 including space situational awareness data obtained by the ,office of ,space ,commerce1 to the extent practicable2 7,b7 shall include1 to the extent practicable-- 7i7 a description of the approximate age1 location in orbit1 size1 mass1 tumbling state1 post-mission passivation actions taken1 and national jurisdiction of each orbital debris identified2 and 7ii7 data required to inform decisions regarding potential risk and feasibility of safe remediation2 7,c7 may include orbital debris that poses a significant risk to terrestrial people and assets1 including risk resulting from potential environmental impacts from the uncontrolled reentry of the orbital debris identified2 and 7,d7 may include collections of small debris that1 as of the date of the enactment of this ,act1 are untracked4 7#c7 ,public availability2 periodic updates 7,a7 ,in general ,subject to subparagraph 7,b71 the list required under paragraph 7#a7 shall be published in unclassified form on a publicly accessible internet website of the ,department of ,commerce4 7,b7 ,exclusion ,the ,secretary may not include on the list published under subparagraph 7,a7 data acquired from nonpublic sources4 7,c7 ,periodic updates ,such list shall be updated periodically4 7#d7 ,acquisition1 access1 use1 and handling of data or information ,in carrying out the activities under this subsection1 the ,secretary-- 7,a7 shall acquire1 access1 use1 and handle data or information in a manner consistent with applicable provisions of law and policy1 including laws and policies providing for the protection of privacy and civil liberties1 and subject to any restrictions required by the source of the information2 7,b7 shall have access1 upon written request1 to all information1 data1 or reports of any executive agency that the ,secretary determines necessary to carry out the activities under this subsection1 provided that such access is-- 7i7 conducted in a manner consistent with applicable provisions of law and policy of the originating agency1 including laws and policies providing for the protection of privacy and civil liberties2 and 7ii7 consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters2 and 7,c7 may obtain commercially available information that may not be publicly available4 7b7 ,active orbital debris remediation demonstration project 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 subject to the availability of appropriations1 the ,administrator1 in consultation with the head of each relevant ,federal department or agency1 shall establish a demonstration project to make competitive awards for the research1 development1 and demonstration of technologies leading to the remediation of selected orbital debris identified under subsection 7a77#a74 7#b7 ,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 remediation4 7#c7 ,procedures and criteria ,in establishing the demonstration project1 the ,administrator shall-- 7,a7 establish-- 7i7 eligibility criteria for participation2 and 7ii7 a process for soliciting proposals from eligible entities2 7iii7 criteria for the contents of such proposals2 7iv7 project compliance and evaluation metrics2 and 7v7 project phases and milestones2 7,b7 identify government-furnished data or equipment2 7,c7 develop a plan for ,national ,aeronautics and ,space ,administration participation1 as appropriate1 in technology development and intellectual property rights that-- 7i7 leverages ,national ,aeronautics and ,space ,administration ,centers that have demonstrated expertise and historical knowledge in measuring1 modeling1 characterizing1 and describing the current and future orbital debris environment2 and 7ii7 develops the technical consensus for adopting mitigation measures for such participation2 and 7,d7 7i7 assign a project manager to oversee the demonstration project and carry out project activities under this subsection2 and 7ii7 in assigning such project manager1 leverage ,national ,aeronautics and ,space ,administration ,centers and the personnel of ,national ,aeronautics and ,space ,administration ,centers1 as practicable4 7#d7 ,research and development phase ,with respect to orbital debris identified under paragraph 7#a7 of subsection 7a71 the ,administrator shall1 to the extent practicable and subject to the availability of appropriations1 carry out the additional research and development activities necessary to mature technologies1 in partnership with eligible entities1 with the intent to close commercial capability gaps and enable potential future remediation missions for such orbital debris1 with a preference for technologies that are capable of remediating orbital debris that have a broad range of characteristics described in paragraph 7#b77;,b77i7 of that subsection4 7#e7 ,demonstration mission phase 7,a7 ,in general ,the ,administrator shall evaluate proposals for a demonstration mission1 and select and enter into a partnership with an eligible entity1 subject to the availability of appropriations1 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 debris4 7,b7 ,evaluation ,in evaluating proposals for the demonstration project1 the ,administrator shall-- 7i7 consider the safety1 feasibility1 cost1 benefit1 and maturity of the proposed technology2 7ii7 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 remediation2 7iii7 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 surface2 7iv7 in an appropriate setting1 conduct thorough testing and evaluation of the proposed technology and each component of such technology or system of technologies2 and 7v7 consider the technical and financial feasibility of using the proposed technology to conduct multiple remediation missions4 7,c7 ,consultation ,the ,administrator shall consult with the head of each relevant ,federal department or agency before carrying out any demonstration mission under this paragraph4 7,d7 ,active debris remediation demonstration mission ,it is the sense of ,congress that the ,administrator should consider maximizing competition for1 and use best practices to engage commercial entities in1 an active debris remediation demonstration mission4 7#f7 ,briefing and reports 7,a7 ,initial briefing ,not later than #cj days after the establishment of the demonstration project under paragraph 7#a71 the ,administrator shall provide to the appropriate committees of ,congress a briefing on the details of the demonstration project4 7,b7 ,annual report ,not later than #a year after the initial briefing under subparagraph 7,a71 and annually thereafter until the conclusion of the #a or more demonstration missions1 the ,administrator shall submit to the appropriate committees of ,congress a status report on-- 7i7 the technology developed under the demonstration project2 7ii7 progress toward the accomplishment of the #a or more demonstration missions2 and 7iii7 any duplicative efforts carried out or supported by the ,national ,aeronautics and ,space ,administration or the ,department of ,defense4 7,c7 ,recommendations ,not later than #a year after the date on which the first demonstration mission is carried out under this subsection1 the ,administrator1 in consultation with the head of each relevant ,federal department or agency1 shall submit to ,congress a report that provides legislative1 regulatory1 and policy recommendations to improve active debris remediation missions1 as applicable4 7,d7 ,technical analysis 7i7 ,in general ,to inform decisions regarding the acquisition of active debris remediation services by the ,federal ,government1 not later than #a year after the date on which an award is made under paragraph 7#a71 the ,administrator shall submit to ,congress a report that-- 7,i7 summarizes the cost-effectiveness1 and provides a technical analysis of1 technologies developed under the demonstration project2 7,,ii7 identifies any technology gaps addressed by the demonstration project and any remaining technology gaps2 and 7,,iii7 provides1 as applicable1 any further legislative1 regulatory1 and policy recommendations to enable active debris remediation missions4 7ii7 ,availability ,the ,administration shall make the report submitted under clause 7i7 available to the ,secretary1 the ,secretary of ,defense1 and other relevant ,federal departments and agencies1 as determined by the ,administrator4 7#g7 ,sense of ,congress on international cooperation ,it is the sense of ,congress that1 in carrying out the demonstration project1 it is critical that the ,administrator1 in coordination with the ,secretary of ,state and in consultation with the ,national ,space ,council1 cooperate with one or more partner countries to enable the remediation of orbital debris that is under their respective jurisdictions4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #aej1jjj1jjj for the period of fiscal years #bjbd through #bjbh4 7d7 ,rescission of unobligated funds ,unobligated balances of amounts appropriated or otherwise made available by subsection 7c7 as of ,september #cj1 #bjbh1 shall be rescinded not later than ,december #ca1 #bjbh4 7e7 ,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 7b7 or related space activities under title #ea1 ,united ,states ,code4 #e4 ,active debris remediation services 7a7 ,in general ,to foster the competitive development1 operation1 improvement1 and commercial availability of active debris remediation services1 and in consideration of the economic analysis required by subsection 7b7 and the briefing and reports under section #d7;b77#f71 the ,administrator and the head of each relevant ,federal department or agency may acquire services for the remediation of orbital debris1 whenever practicable1 through fair and open competition for contracts that are well-defined1 milestone-based1 and in accordance with the ,federal ,acquisition ,regulation4 7b7 ,economic analysis ,based on the results of the demonstration project1 the ,secretary1 acting through the ,office of ,space ,commerce1 shall publish an assessment of the estimated ,federal ,government and private sector demand for orbital debris remediation services for the #aj-year period beginning in #bjbe4 #f4 ,uniform orbital debris standard practices for ,united ,states space activities 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,national ,space ,council1 in coordination with the ,secretary1 the ,administrator of the ,federal ,aviation ,administration1 the ,secretary of ,defense1 the ,secretary of ,state1 the ,federal ,communications ,commission1 and the ,administrator1 shall initiate an update to the ,orbital ,debris ,mitigation ,standard ,practices that-- 7#a7 considers planned space systems1 including satellite constellations2 and 7#b7 addresses-- 7,a7 collision risk2 7,b7 explosion risk2 7,c7 casualty probability2 7,d7 post-mission disposal of space systems2 7,e7 time to disposal or de-orbit2 7,f7 spacecraft collision avoidance and automated identification capability2 and 7,g7 the ability to track orbital debris of decreasing size4 7b7 ,consultation ,in developing the update under subsection 7a71 the ,national ,space ,council1 or a designee of the ,national ,space ,council1 shall seek advice and input on commercial standards and best practices from representatives of the commercial space industry1 academia1 and nonprofit organizations1 including through workshops and1 as appropriate1 advance public notice and comment processes under chapter #e of title #e1 ,united ,states ,code4 7c7 ,publication ,not later than #a year after the date of the enactment of this ,act1 such update shall be published in the ,federal ,register and posted to the relevant ,federal ,government internet websites4 7d7 ,regulations ,to promote uniformity and avoid duplication in the regulation of space activity1 including licensing by the ,federal ,aviation ,administration1 the ,national ,oceanic and ,atmospheric ,administration1 and the ,federal ,communications ,commission1 such update1 after publication1 shall be used to inform the further development and promulgation of ,federal regulations relating to orbital debris4 7e7 ,international promotion ,to encourage effective and nondiscriminatory standards1 best practices1 rules1 and regulations implemented by other countries1 such update shall inform bilateral and multilateral discussions focused on the authorization and continuing supervision of nongovernmental space activities4 7f7 ,periodic review ,not less frequently than every #e years1 the ,orbital ,debris ,mitigation ,standard ,practices referred to in subsection 7a7 shall be assessed and1 if necessary1 updated1 used1 and promulgated in a manner consistent with this section4 #g4 ,standard practices for space traffic coordination 7a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,defense and members of the ,national ,space ,council and the ,federal ,communications ,commission1 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 operators4 7b7 ,consultation ,in facilitating the development of standard practices under subsection 7a71 the ,secretary1 through the ,office of ,space ,commerce1 in consultation with the ,national ,institute of ,standards and ,technology1 shall engage in frequent and routine consultation with representatives of the commercial space industry1 academia1 and nonprofit organizations4 7c7 ,promotion of standard practices ,on completion of such standard practices1 the ,secretary1 the ,secretary of ,state1 the ,secretary of ,transportation1 the ,administrator1 and the ,secretary of ,defense shall promote the adoption and use of the standard practices for domestic and international space missions4 ,passed the ,senate ,october #ca1 #bjbc4,secretary