[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,
     
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          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.
                                      ______