S 4814 — ORBITS Act of 2022

4814 IntroducedEngrossed in Senate (IS)](ES)] <DOC> 117th CONGRESS 2d Session S.

4814 _______________________________________________________________________ AN ACT 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.

_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr.

Hickenlooper (for himself, Ms.

Lummis, Ms.

Cantwell, and Mr.

Wicker) introduced the following bill;

which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL 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.

(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;

(3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on AppropriationsAppropriations, and the Committee on Commerce, Science, and TransportationTransportation, and the Committee on Armed Services of the Senate;

and (B) the Committee on AppropriationsAppropriations, and the Committee on Science, Space, and TechnologyTechnology, and the Committee on Armed Services of the House of Representatives.

(6) Orbital debris.--The term ``orbital debris'' means any human-made space object orbiting Earth that-- (A) no longer serves anyan usefulintended purpose;

or (ii) is incapable of safe maneuver or operation.

and (ii) adata rankingrequired ofto eachinform orbitaldecisions debrisregarding identified in terms of potential risk and feasibility forof safe remediation;

(3) Form;Public availability;

publicperiodic availability.--Theupdates.-- (A) In general.--Subject to subparagraph (B), the list required under paragraph (1) shall be--be (A) published in unclassified form;form on a publicly accessible internet website of the National Aeronautics and Space Administration.

(B) madeExclusion.--The availableAdministration tomay thenot publicinclude on the internetlist websitepublished ofunder thesubparagraph National(A) Aeronauticsdata andacquired Spacefrom Administration;nonpublic sources.

and (C) Periodic updates.--Such list shall be updated periodically.

(4) Research and development.--With respect to orbital debris identified under paragraph (1)(1), that is determined by the Administrator,Administrator inshall, consultationto with the Nationalextent Spacepracticable Council and thesubject National Science and Technology Council, to be ineligible for remediation due to characteristics, size, or location in orbit that makes safe remediation infeasible, the Administratoravailability shall,of toappropriations, the extent practicable, 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.

(b)(5) ActiveAcquisition, Orbitalaccess, Debrisuse, Remediationand Demonstrationhandling Program.--of (1)data Establishment.--Subjector toinformation.--In thecarrying availabilityout ofthe appropriations,activities notunder laterthis thansubsection, 180the daysAdministrator-- after(A) theshall dateacquire, ofaccess, theuse, enactmentand ofhandle thisdata Act,or theinformation Administrator, in consultationa manner consistent with theapplicable headprovisions of eachlaw relevantand Federalpolicy, departmentincluding orlaws agency,and shallpolicies establishproviding afor demonstrationthe programprotection toof makeprivacy competitiveand awardscivil forliberties, theand remediationsubject ofto orbitalany debrisrestrictions identifiedrequired underby subsectionthe (a)(1).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).

(B) Active debris remediation demonstration mission.--It is the sense of Congress that the Administrator should consider notmaximizing proceedingcompetition withfor, anand activeuse debrisbest remediationpractices demonstrationto missionengage untilcommercial multipleentities awardin, recipientsan haveactive demonstrateddebris readinessremediation todemonstration proceed.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.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 ofon which the enactmentfirst ofdemonstration mission is carried out under this Act,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 the demonstration program and active debris remediation missions, as applicable.

(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 identified under subsection (a)(1) that is under the jurisdiction of such partner countries.

(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.

(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;

(b) Consultation.--In developing the update under subsection (a), the National Space CouncilCouncil, 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.organizations, including through workshops and, as appropriate, advance public notice and comment processes under chapter 5 of title 5, United States Code.

(f) 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-- (1) conduct a review of the Orbital Debris Mitigation Standard Practices applicable to space systems;

and (2) submit to the National Space Council recommendations for modifications to such standard practices.

(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.

<all>Passed the Senate December 21, 2022.

Attest:

Secretary.

117th CONGRESS 2d Session S.

4814 _______________________________________________________________________ AN ACT 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.