Orbital Sustainability Act of 2024 or the ORBITS Act of 2024
This bill directs specified agencies to take actions to remediate orbital debris (human-made space objects that are no longer in use and can harm orbiting satellites and on-orbit activities).
The Department of Commerce must publish and periodically update a list of orbital debris that may be remediated to reduce the risk of harm to orbiting satellites and on-orbit activities. In addition, the National Aeronautics and Space Administration (NASA) must (1) establish a demonstration program to foster the development of technologies to remediate the orbital debris on the list, and (2) carry out other research and development activities to advance technologies for remediating orbital debris.
NASA (and other relevant agencies) may also contract for remediation services to support the commercial availability of such services.
Additionally, the National Space Council must update the Orbital Debris Mitigation Standard Practices within 90 days of the enactment of the bill and update them periodically thereafter. The updates must address matters including satellite constellations and other planned space systems, collision risks, and disposal of space systems after missions. The updates must inform (1) regulations of other agencies concerning orbital debris, and (2) bilateral and multilateral discussions with other countries concerning certain space activities.
Finally, Commerce must facilitate the development of standard practices to coordinate on-orbit space traffic. Upon completion of the practices, Commerce and other federal departments must promote their adoption and use for space missions.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8787 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8787
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 HOUSE OF REPRESENTATIVES
June 18, 2024
Mr. Neguse (for himself, Mrs. Miller of West Virginia, Mr. Carbajal,
and Mr. Bergman) introduced the following bill; which was referred to
the Committee on Science, Space, and Technology
_______________________________________________________________________
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 2024''
or the ``ORBITS Act of 2024''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The safety and sustainability of operations in low-
Earth orbit and nearby orbits in outer space have become
increasingly endangered by a growing amount of orbital debris.
(2) Exploration and scientific research missions and
commercial space services of critical importance to the United
States rely on continued and secure access to outer space.
(3) Efforts by nongovernmental space entities to apply
lessons learned through standards and best practices will
benefit from government support for implementation both
domestically and internationally.
(b) Sense of Congress.--It is the sense of Congress that to
preserve the sustainability of operations in space, the United States
Government should--
(1) to the extent practicable, develop and carry out
programs, establish or update regulations, and commence
initiatives to minimize orbital debris, including initiatives
to demonstrate active debris remediation of orbital debris
generated by the United States Government or other entities
under the jurisdiction of the United States;
(2) lead international efforts to encourage other
spacefaring countries to mitigate and remediate orbital debris
under their jurisdiction and control; and
(3) encourage space system operators to continue
implementing best practices for space safety when deploying
satellites and constellations of satellites, such as
transparent data sharing and designing for system reliability,
so as to limit the generation of future orbital debris.
SEC. 3. DEFINITIONS.
In this Act:
(1) Active debris remediation.--The term ``active debris
remediation''--
(A) means the deliberate process of facilitating
the de-orbit, repurposing, or other disposal of orbital
debris, which may include moving orbital debris to a
safe position, using an object or technique that is
external or internal to the orbital debris; and
(B) does not include de-orbit, repurposing, or
other disposal of orbital debris by passive means.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee
on Commerce, Science, and Transportation, the Committee
on Foreign Relations, and the Committee on Armed
Services of the Senate; and
(B) the Committee on Appropriations, the Committee
on Science, Space, and Technology, the Committee on
Foreign Affairs, and the Committee on Armed Services of
the House of Representatives.
(4) Demonstration project.--The term ``demonstration
project'' means the active orbital debris remediation
demonstration project carried out under section 4(b).
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a United States-based--
(i) non-Federal, commercial entity;
(ii) institution of higher education (as
defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))); or
(iii) nonprofit organization;
(B) any other United States-based entity the
Administrator considers appropriate; and
(C) a partnership of entities described in
subparagraphs (A) and (B).
(6) Orbital debris.--The term ``orbital debris'' means any
human-made space object orbiting Earth that--
(A) no longer serves an intended purpose; and
(B)(i) has reached the end of its mission; or
(ii) is incapable of safe maneuver or
operation.
(7) Project.--The term ``project'' means a specific
investment with defined requirements, a life-cycle cost, a
period of duration with a beginning and an end, and a
management structure that may interface with other projects,
agencies, and international partners to yield new or revised
technologies addressing strategic goals.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) Space traffic coordination.--The term ``space traffic
coordination'' means the planning, coordination, and on-orbit
synchronization of activities to enhance the safety and
sustainability of operations in the space environment.
SEC. 4. ACTIVE DEBRIS REMEDIATION.
(a) Prioritization of Orbital Debris.--
(1) List.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Administrator, the Secretary of Defense, the Secretary of
State, the National Space Council, and representatives of the
commercial space industry, academia, and nonprofit
organizations, shall publish a list of select identified
orbital debris that may be remediated to improve the safety and
sustainability of orbiting satellites and on-orbit activities.
(2) Contents.--The list required under paragraph (1)--
(A) shall be developed using appropriate sources of
data and information derived from governmental and
nongovernmental sources, including space situational
awareness data obtained by the Office of Space
Commerce, to the extent practicable;
(B) shall include, to the extent practicable--
(i) a description of the approximate age,
location in orbit, size, mass, tumbling state,
post-mission passivation actions taken, and
national jurisdiction of each orbital debris
identified; and
(ii) data required to inform decisions
regarding potential risk and feasibility of
safe remediation;
(C) may include orbital debris that poses a
significant risk to terrestrial people and assets,
including risk resulting from potential environmental
impacts from the uncontrolled reentry of the orbital
debris identified; and
(D) may include collections of small debris that,
as of the date of the enactment of this Act, are
untracked.
(3) Public availability; periodic updates.--
(A) In general.--Subject to subparagraph (B), the
list required under paragraph (1) shall be published in
unclassified form on a publicly accessible internet
website of the Department of Commerce.
(B) Exclusion.--The Secretary may not include on
the list published under subparagraph (A) data acquired
from nonpublic sources.
(C) Periodic updates.--Such list shall be updated
periodically.
(4) Acquisition, access, use, and handling of data or
information.--In carrying out the activities under this
subsection, the Secretary--
(A) shall acquire, access, use, and handle data or
information in a manner consistent with applicable
provisions of law and policy, including laws and
policies providing for the protection of privacy and
civil liberties, and subject to any restrictions
required by the source of the information;
(B) shall have access, upon written request, to all
information, data, or reports of any executive agency
that the Secretary determines necessary to carry out
the activities under this subsection, provided that
such access is--
(i) conducted in a manner consistent with
applicable provisions of law and policy of the
originating agency, including laws and policies
providing for the protection of privacy and
civil liberties; and
(ii) consistent with due regard for the
protection from unauthorized disclosure of
classified information relating to sensitive
intelligence sources and methods or other
exceptionally sensitive matters; and
(C) may obtain commercially available information
that may not be publicly available.
(b) Active Orbital Debris Remediation Demonstration Project.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, subject to the availability of
appropriations, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
establish a demonstration project to make competitive awards
for the research, development, and demonstration of
technologies leading to the remediation of selected orbital
debris identified under subsection (a)(1).
(2) Purpose.--The purpose of the demonstration project
shall be to enable eligible entities to pursue the phased
development and demonstration of technologies and processes
required for active debris remediation.
(3) Procedures and criteria.--In establishing the
demonstration project, the Administrator shall--
(A) establish--
(i) eligibility criteria for participation;
(ii) a process for soliciting proposals
from eligible entities;
(iii) criteria for the contents of such
proposals;
(iv) project compliance and evaluation
metrics; and
(v) project phases and milestones;
(B) identify government-furnished data or
equipment;
(C) develop a plan for National Aeronautics and
Space Administration participation, as appropriate, in
technology development and intellectual property rights
that--
(i) leverages National Aeronautics and
Space Administration Centers that have
demonstrated expertise and historical knowledge
in measuring, modeling, characterizing, and
describing the current and future orbital
debris environment; and
(ii) develops the technical consensus for
adopting mitigation measures for such
participation; and
(D)(i) assign a project manager to oversee the
demonstration project and carry out project activities
under this subsection; and
(ii) in assigning such project manager, leverage
National Aeronautics and Space Administration Centers
and the personnel of National Aeronautics and Space
Administration Centers, as practicable.
(4) Research and development phase.--With respect to
orbital debris identified under paragraph (1) of subsection
(a), the Administrator shall, to the extent practicable and
subject to the availability of appropriations, carry out the
additional research and development activities necessary to
mature technologies, in partnership with eligible entities,
with the intent to close commercial capability gaps and enable
potential future remediation missions for such orbital debris,
with a preference for technologies that are capable of
remediating orbital debris that have a broad range of
characteristics described in paragraph (2)(B)(i) of that
subsection.
(5) Demonstration mission phase.--
(A) In general.--The Administrator shall evaluate
proposals for a demonstration mission, and select and
enter into a partnership with an eligible entity,
subject to the availability of appropriations, with the
intent to demonstrate technologies determined by the
Administrator to meet a level of technology readiness
sufficient to carry out on-orbit remediation of select
orbital debris.
(B) Evaluation.--In evaluating proposals for the
demonstration project, the Administrator shall--
(i) consider the safety, feasibility, cost,
benefit, and maturity of the proposed
technology;
(ii) consider the potential for the
proposed demonstration to successfully
remediate orbital debris and to advance the
commercial state of the art with respect to
active debris remediation;
(iii) carry out a risk analysis of the
proposed technology that takes into
consideration the potential casualty risk to
humans in space or on the Earth's surface;
(iv) in an appropriate setting, conduct
thorough testing and evaluation of the proposed
technology and each component of such
technology or system of technologies; and
(v) consider the technical and financial
feasibility of using the proposed technology to
conduct multiple remediation missions.
(C) Consultation.--The Administrator shall consult
with the head of each relevant Federal department or
agency before carrying out any demonstration mission
under this paragraph.
(D) Active debris remediation demonstration
mission.--It is the sense of Congress that the
Administrator should consider maximizing competition
for, and use best practices to engage commercial
entities in, an active debris remediation demonstration
mission.
(6) Briefing and reports.--
(A) Initial briefing.--Not later than 30 days after
the establishment of the demonstration project under
paragraph (1), the Administrator shall provide to the
appropriate committees of Congress a briefing on the
details of the demonstration project.
(B) Annual report.--Not later than 1 year after the
initial briefing under subparagraph (A), and annually
thereafter until the conclusion of the 1 or more
demonstration missions, the Administrator shall submit
to the appropriate committees of Congress a status
report on--
(i) the technology developed under the
demonstration project;
(ii) progress toward the accomplishment of
the 1 or more demonstration missions; and
(iii) any duplicative efforts carried out
or supported by the National Aeronautics and
Space Administration or the Department of
Defense.
(C) Recommendations.--Not later than 1 year after
the date on which the first demonstration mission is
carried out under this subsection, the Administrator,
in consultation with the head of each relevant Federal
department or agency, shall submit to Congress a report
that provides legislative, regulatory, and policy
recommendations to improve active debris remediation
missions, as applicable.
(D) Technical analysis.--
(i) In general.--To inform decisions
regarding the acquisition of active debris
remediation services by the Federal Government,
not later than 1 year after the date on which
an award is made under paragraph (1), the
Administrator shall submit to Congress a report
that--
(I) summarizes the cost-
effectiveness, and provides a technical
analysis of, technologies developed
under the demonstration project;
(II) identifies any technology gaps
addressed by the demonstration project
and any remaining technology gaps; and
(III) provides, as applicable, any
further legislative, regulatory, and
policy recommendations to enable active
debris remediation missions.
(ii) Availability.--The Administration
shall make the report submitted under clause
(i) available to the Secretary, the Secretary
of Defense, and other relevant Federal
departments and agencies, as determined by the
Administrator.
(7) Sense of congress on international cooperation.--It is
the sense of Congress that, in carrying out the demonstration
project, it is critical that the Administrator, in coordination
with the Secretary of State and in consultation with the
National Space Council, cooperate with one or more partner
countries to enable the remediation of orbital debris that is
under their respective jurisdictions.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section
$150,000,000 for the period of fiscal years 2024 through 2028.
(d) Rescission of Unobligated Funds.--Unobligated balances of
amounts appropriated or otherwise made available by subsection (c) as
of September 30, 2028, shall be rescinded not later than December 31,
2028.
(e) Rule of Construction.--Nothing in this section may be construed
to grant the Administrator the authority to issue any regulation
relating to activities under subsection (b) or related space activities
under title 51, United States Code.
SEC. 5. ACTIVE DEBRIS REMEDIATION SERVICES.
(a) In General.--To foster the competitive development, operation,
improvement, and commercial availability of active debris remediation
services, and in consideration of the economic analysis required by
subsection (b) and the briefing and reports under section 4(b)(6), the
Administrator and the head of each relevant Federal department or
agency may acquire services for the remediation of orbital debris,
whenever practicable, through fair and open competition for contracts
that are well-defined, milestone-based, and in accordance with the
Federal Acquisition Regulation.
(b) Economic Analysis.--Based on the results of the demonstration
project, the Secretary, acting through the Office of Space Commerce,
shall publish an assessment of the estimated Federal Government and
private sector demand for orbital debris remediation services for the
10-year period beginning in 2025.
SEC. 6. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR UNITED STATES
SPACE ACTIVITIES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the National Space Council, in coordination with
the Secretary, the Administrator of the Federal Aviation
Administration, the Secretary of Defense, the Secretary of State, the
Federal Communications Commission, and the Administrator, shall
initiate an update to the Orbital Debris Mitigation Standard Practices
that--
(1) considers planned space systems, including satellite
constellations; and
(2) addresses--
(A) collision risk;
(B) explosion risk;
(C) casualty probability;
(D) post-mission disposal of space systems;
(E) time to disposal or de-orbit;
(F) spacecraft collision avoidance and automated
identification capability; and
(G) the ability to track orbital debris of
decreasing size.
(b) Consultation.--In developing the update under subsection (a),
the National Space Council, or a designee of the National Space
Council, shall seek advice and input on commercial standards and best
practices from representatives of the commercial space industry,
academia, and nonprofit organizations, including through workshops and,
as appropriate, advance public notice and comment processes under
chapter 5 of title 5, United States Code.
(c) Publication.--Not later than 1 year after the date of the
enactment of this Act, such update shall be published in the Federal
Register and posted to the relevant Federal Government internet
websites.
(d) Regulations.--To promote uniformity and avoid duplication in
the regulation of space activity, including licensing by the Federal
Aviation Administration, the National Oceanic and Atmospheric
Administration, and the Federal Communications Commission, such update,
after publication, shall be used to inform the further development and
promulgation of Federal regulations relating to orbital debris.
(e) International Promotion.--To encourage effective and
nondiscriminatory standards, best practices, rules, and regulations
implemented by other countries, such update shall inform bilateral and
multilateral discussions focused on the authorization and continuing
supervision of nongovernmental space activities.
(f) Periodic Review.--Not less frequently than every 5 years, the
Orbital Debris Mitigation Standard Practices referred to in subsection
(a) shall be assessed and, if necessary, updated, used, and promulgated
in a manner consistent with this section.
SEC. 7. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION.
(a) In General.--The Secretary, in coordination with the Secretary
of Defense and members of the National Space Council and the Federal
Communications Commission, shall facilitate the development of standard
practices for on-orbit space traffic coordination based on existing
guidelines and best practices used by Government and commercial space
industry operators.
(b) Consultation.--In facilitating the development of standard
practices under subsection (a), the Secretary, through the Office of
Space Commerce, in consultation with the National Institute of
Standards and Technology, shall engage in frequent and routine
consultation with representatives of the commercial space industry,
academia, and nonprofit organizations.
(c) Promotion of Standard Practices.--On completion of such
standard practices, the Secretary, the Secretary of State, the
Secretary of Transportation, the Administrator, and the Secretary of
Defense shall promote the adoption and use of the standard practices
for domestic and international space missions.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science, Space, and Technology.
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