[Congressional Record Volume 170, Number 125 (Wednesday, July 31, 2024)]
[Senate]
[Pages S5709-S5711]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3210. Mr. HICKENLOOPER (for himself, Ms. Sinema, and Ms. Lummis)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 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 XV, add the following:
=========================== NOTE ===========================
On page S5709, July 31, 2024, in the second column, the
following appears: SA. 3210. Mr. HICKENLOOPER (for himself and Ms.
Lummis):
The online Record has been corrected to read: SA. 3210. Mr.
HICKENLOOPER (for himself, Ms. Sinema, and Ms. Lummis):
========================= END NOTE =========================
Subtitle E--Orbital Sustainability Act of 2024
SEC. 1551. SHORT TITLE.
This subtitle may be cited as the ``Orbital Sustainability
Act of 2024'' or the ``ORBITS Act of 2024''.
SEC. 1552. 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. 1553. 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, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate; and
(B) the Committee on Appropriations, the Committee on
Science, Space, and Technology, the Committee on Foreign
Affairs, 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 1554(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. 1554. 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
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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.--
(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; and
(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, as appropriate, in technology
development and intellectual property rights that--
(i) leverages National Aeronautics and Space Administration
Centers that have demonstrated expertise and historical
knowledge in measuring, modeling, characterizing, and
describing the current and future orbital debris environment;
and
(ii) develops the technical consensus for adopting
mitigation measures for such participation; and
(D)(i) assign a project manager to oversee the
demonstration project and carry out project activities under
this subsection; and
(ii) in assigning such project manager, leverage National
Aeronautics and Space Administration Centers and the
personnel of National Aeronautics and Space Administration
Centers, as practicable.
(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, subject to the
availability of appropriations, 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--
(i) the technology developed under the demonstration
project;
(ii) progress toward the accomplishment of the 1 or more
demonstration missions; and
(iii) any duplicative efforts carried out or supported by
the National Aeronautics and Space Administration or the
Department of Defense.
(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) Sense of congress on international cooperation.--It is
the sense of Congress that, in carrying out the demonstration
project, it is critical that the Administrator, in
coordination with the Secretary of State and in consultation
with the National Space Council, cooperate with one or more
partner countries to enable the remediation of orbital debris
that is under their respective jurisdictions.
(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 2025
through 2029.
(d) Rule of Construction.--Nothing in this section may be
construed to grant the
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Administrator the authority to issue any regulation relating
to activities under subsection (b) or related space
activities under title 51, United States Code.
SEC. 1555. 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 1554(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 2026.
SEC. 1556. 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 Secretary of State, 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;
(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. 1557. 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.
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