[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4814 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4814
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
September 12, 2022
Mr. Hickenlooper (for himself, Ms. Lummis, Ms. Cantwell, and Mr.
Wicker) 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 2022''
or the ``ORBITS Act of 2022''.
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 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 and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Appropriations and the
Committee on Science, Space, and Technology 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 any useful purpose; and
(B)(i) has reached the end of its mission; or
(ii) is incapable of 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) a ranking of each orbital debris
identified in terms of potential risk and
feasibility for 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) Form; public availability.--The list required under
paragraph (1) shall be--
(A) published in unclassified form;
(B) made available to the public on the internet
website of the National Aeronautics and Space
Administration; and
(C) updated periodically.
(4) Research and development.--With respect to orbital
debris identified under paragraph (1) that is determined by the
Administrator, in consultation with the National Space Council
and the National Science and Technology Council, to be
ineligible for remediation due to characteristics, size, or
location in orbit that makes safe remediation infeasible, the
Administrator shall, to the extent practicable, carry out the
additional research and development activities necessary, in
consultation with the commercial space industry, to mature
technologies and enable potential future remediation missions
for such orbital debris.
(b) Active Orbital Debris Remediation Demonstration Program.--
(1) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of the
enactment of this Act, 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 remediation of 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 not proceeding with an
active debris remediation demonstration mission until
multiple award recipients have demonstrated readiness
to proceed.
(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.
(6) Reports.--
(A) Recommendations.--Not later than 1 year after
the date of the enactment of this Act, 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 the
demonstration program and 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 identified
under subsection (a)(1) 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 fiscal years 2023 through 2027.
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 2024.
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) 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 shall seek advice and input on commercial
standards and best practices from representatives of the commercial
space industry, academia, and nonprofit organizations.
(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.
(f) Review.--Not later than 5 years after the completion of such
update, and every 5 years thereafter, the Secretary, in consultation
with representatives of the commercial space industry, academia, and
nonprofit organizations, shall--
(1) conduct a review of the Orbital Debris Mitigation
Standard Practices applicable to space systems; and
(2) submit to the National Space Council recommendations
for modifications to such standard practices.
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 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, 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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