[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10024-S10026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6619. Ms. BALDWIN (for Mr. Hickenlooper) proposed an amendment to
the bill 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; as follows:
Strike all after the enacting clause and insert the
following:
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,
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
[[Page S10025]]
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 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, 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,
[[Page S10026]]
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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