[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5879-S5881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6350. Mr. HICKENLOOPER submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. ORBITAL SUSTAINABILITY AND REMEDIATION OF ORBITAL 
                   DEBRIS.

       (a) Findings; Sense of Congress.--
       (1) Findings.--Congress makes the following findings:
       (A) 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.
       (B) 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.
       (C) 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.
       (2) Sense of congress.--It is the sense of Congress that to 
     preserve the sustainability of operations in space, the 
     United States Government should--
       (A) 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;
       (B) lead international efforts to encourage other 
     spacefaring countries to mitigate and remediate orbital 
     debris under their jurisdiction and control; and
       (C) 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.
       (b) Definitions.--In this section:
       (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 subsection (c)(2).
       (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

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       (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.
       (c) Active Debris Remediation.--
       (1) Prioritization of orbital debris.--
       (A) 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.
       (B) Contents.--The list required under subparagraph (A)--
       (i) 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;
       (ii) 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

       (iii) 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.
       (C) Form; public availability.--The list required under 
     subparagraph (A) shall be--
       (i) published in unclassified form;
       (ii) made available to the public on the internet website 
     of the National Aeronautics and Space Administration; and
       (iii) updated periodically.
       (D) Research and development.--With respect to orbital 
     debris identified under subparagraph (A) 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.
       (2) Active orbital debris remediation demonstration 
     program.--
       (A) 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 
     paragraph (1)(A).
       (B) 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.
       (C) Procedures and criteria.--In establishing the 
     demonstration program, the Administrator shall--
       (i) 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;

       (ii) identify government-furnished data or equipment; and
       (iii) develop a plan for National Aeronautics and Space 
     Administration participation in technology development, as 
     appropriate, and intellectual property rights.
       (D) Proposal evaluation.--In evaluating proposals for the 
     demonstration program, 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.
       (E) Demonstration mission.--
       (i) In general.--The Administrator shall consult with the 
     head of each relevant Federal department or agency in advance 
     of each demonstration mission.
       (ii) 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.
       (iii) 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.
       (F) Reports.--
       (i) 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.
       (ii) 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--

       (aa) summarizes a technical analysis of technologies 
     developed under the demonstration program;
       (bb) identifies any technology gaps addressed by the 
     demonstration program and any remaining technology gaps; and
       (cc) 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 subclause (I) available to the 
     Secretary, the Secretary of Defense, and other relevant 
     Federal departments and agencies, as determined by the 
     Administrator.

       (G) International cooperation.--
       (i) 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 paragraph (1)(A) that is under the 
     jurisdiction of such partner countries.
       (ii) Arrangement or agreement with partner country.--Any 
     arrangement or agreement entered into with a partner country 
     under clause (i) shall be--

       (I) concluded--

       (aa) in the interests of the United States Government; and
       (bb) 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.

       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     subsection $150,000,000 for fiscal years 2023 through 2027.
       (d) Active Debris Remediation Services.--
       (1) 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 paragraph (2) and the reports 
     under subsection (c)(2)(F), 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.
       (2) 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.
       (e) Uniform Orbital Debris Standard Practices for United 
     States Space Activities.--
       (1) 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--
       (A) considers planned space systems, including satellite 
     constellations; and
       (B) addresses--
       (i) collision risk;
       (ii) casualty probability;
       (iii) post-mission disposal of space systems;
       (iv) time to disposal or de-orbit;

[[Page S5881]]

       (v) spacecraft collision avoidance and automated 
     identification capability; and
       (vi) the ability to track orbital debris of decreasing 
     size.
       (2) Consultation.--In developing the update under paragraph 
     (1), 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.
       (3) 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.
       (4) 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.
       (5) 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.
       (6) 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--
       (A) conduct a review of the Orbital Debris Mitigation 
     Standard Practices applicable to space systems; and
       (B) submit to the National Space Council recommendations 
     for modifications to such standard practices.
       (f) Standard Practices for Space Traffic Coordination.--
       (1) 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.
       (2) Consultation.--In facilitating the development of 
     standard practices under paragraph (1), 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.
       (3) 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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