[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2750-S2752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 658. Mr. HICKENLOOPER (for himself, Ms. Sinema, Ms. Lummis, Mrs. 
Feinstein, and Mr. Wicker) submitted an amendment intended to be 
proposed by him to the bill S. 2226, to authorize appropriations for 
fiscal year 2024 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 end of title X, add the following:

             Subtitle H--Orbital Sustainability Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Orbital Sustainability 
     Act of 2023'' or the ``ORBITS Act of 2023''.

     SEC. 1092. 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. 1093. DEFINITIONS.

       In this subtitle:
       (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 project.--The term ``demonstration 
     project'' means the active orbital debris remediation 
     demonstration project carried out under section 1094(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. 1094. 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.--

[[Page S2751]]

       (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 in technology development, as 
     appropriate, and intellectual property rights; and
       (D) assign a project manager to oversee the demonstration 
     project and carry out project activities under this 
     subsection.
       (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, 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 the technology developed under 
     the demonstration project and progress towards accomplishment 
     of one or more demonstration missions.
       (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) International cooperation.--
       (A) In general.--In carrying out the demonstration project, 
     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 2024 
     through 2028.

     SEC. 1095. 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 1094(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. 1096. 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) explosion risk;
       (C) casualty probability;

[[Page S2752]]

       (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. 1097. 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.
                                 ______