,,ii #aahth ,,congress #ast ,session ,s4 #ddg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ae1 #bjbc,mr4 ,hickenlooper 7for himself1 ,ms4 ,lummis1 ,ms4 ,cantwell1 ,mr4 ,wicker1 ,ms4 ,sinema1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 environment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,orbital ,sustainability ,act of #bjbc or the ,,orbits ,act of #bjbc4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,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 debris4 7#b7 ,exploration and scientific research missions and commercial space services of critical importance to the ,united ,states rely on continued and secure access to outer space4 7#c7 ,efforts by nongovernmental space entities to apply lessons learned through standards and best practices will benefit from government support for implementation both domestically and internationally4 7b7 ,sense of ,congress ,it is the sense of ,congress that to preserve the sustainability of operations in space1 the ,united ,states ,government should-- 7#a7 to the extent practicable1 develop and carry out programs1 establish or update regulations1 and commence initiatives to minimize orbital debris1 including initiatives to demonstrate active debris remediation of orbital debris generated by the ,united ,states ,government2 7#b7 lead international efforts to encourage other spacefaring countries to mitigate and remediate orbital debris under their jurisdiction and control2 and 7#c7 encourage space system operators to continue implementing best practices for space safety when deploying satellites and constellations of satellites1 such as transparent data sharing and designing for system reliability1 so as to limit the generation of future orbital debris4 #c4 ,definitions ,in this ,act3 7#a7 ,active debris remediation ,the term active debris remediation-- 7,a7 means the deliberate process of facilitating the de-orbit1 repurposing1 or other disposal of orbital debris1 which may include moving orbital debris to a safe position1 using an object or technique that is external or internal to the orbital debris2 and 7,b7 does not include de-orbit1 repurposing1 or other disposal of orbital debris by passive means4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,aeronautics and ,space ,administration4 7#c7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,science1 ,space1 and ,technology1 and the ,committee on ,armed ,services of the ,house of ,representatives4 7#d7 ,demonstration program ,the term demonstration program means the active orbital debris remediation demonstration program carried out under section #d7;b74 7#e7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,united ,states-based-- 7i7 non-,federal1 commercial entity2 7ii7 institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7iii7 nonprofit organization2 7,b7 any other ,united ,states-based entity the ,administrator considers appropriate2 and 7,c7 a partnership of entities described in subparagraphs 7,a7 and 7,b74 7#f7 ,orbital debris ,the term orbital debris means any human-made space object orbiting ,earth that-- 7,a7 no longer serves an intended purpose2 and 7,b7 7i7 has reached the end of its mission2 or 7ii7 is incapable of safe maneuver or operation4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#h7 ,space traffic coordination ,the term space traffic coordination means the planning1 coordination1 and on-orbit synchronization of activities to enhance the safety and sustainability of operations in the space environment4 #d4 ,active debris remediation 7a7 ,prioritization of orbital debris 7#a7 ,list ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 the ,secretary of ,defense1 the ,national ,space ,council1 and representatives of the commercial space industry1 academia1 and nonprofit organizations1 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 activities4 7#b7 ,contents ,the list required under paragraph 7#a7-- 7,a7 shall be developed using appropriate sources of data and information derived from governmental and nongovernmental sources1 including space situational awareness data obtained by the ,office of ,space ,commerce1 to the extent practicable2 7,b7 shall include1 to the extent practicable-- 7i7 a description of the approximate age1 location in orbit1 size1 tumbling state1 post-mission passivation actions taken1 and national jurisdiction of each orbital debris identified2 and 7ii7 data required to inform decisions regarding potential risk and feasibility of safe remediation2 and 7,c7 may include orbital debris that poses a significant risk to terrestrial people and assets1 including risk resulting from potential environmental impacts from the uncontrolled reentry of the orbital debris identified4 7#c7 ,public availability2 periodic updates 7,a7 ,in general ,subject to subparagraph 7,b71 the list required under paragraph 7#a7 shall be published in unclassified form on a publicly accessible internet website of the ,national ,aeronautics and ,space ,administration4 7,b7 ,exclusion ,the ,administration may not include on the list published under subparagraph 7,a7 data acquired from nonpublic sources4 7,c7 ,periodic updates ,such list shall be updated periodically4 7#d7 ,research and development ,with respect to orbital debris identified under paragraph 7#a71 the ,administrator shall1 to the extent practicable and subject to the availability of appropriations1 carry out the additional research and development activities necessary1 in consultation with the commercial space industry1 to mature technologies that close commercial capability gaps and enable potential future remediation missions for such orbital debris4 7#e7 ,acquisition1 access1 use1 and handling of data or information ,in carrying out the activities under this subsection1 the ,administrator-- 7,a7 shall acquire1 access1 use1 and handle data or information in a manner consistent with applicable provisions of law and policy1 including laws and policies providing for the protection of privacy and civil liberties1 and subject to any restrictions required by the source of the information2 7,b7 shall have access1 upon written request1 to all information1 data1 or reports of any executive agency that the ,administrator determines necessary to carry out the activities under this subsection1 provided that such access is-- 7i7 conducted in a manner consistent with applicable provisions of law and policy of the originating agency1 including laws and policies providing for the protection of privacy and civil liberties2 and 7ii7 consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters2 and 7,c7 may obtain commercially available information that may not be publicly available4 7b7 ,active orbital debris remediation demonstration program 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 subject to the availability of appropriations1 the ,administrator1 in consultation with the head of each relevant ,federal department or agency1 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 7a77#a74 7#b7 ,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 remediation4 7#c7 ,procedures and criteria ,in establishing the demonstration program1 the ,administrator shall-- 7,a7 establish-- 7i7 eligibility criteria for participation2 7ii7 a process for soliciting proposals from eligible entities2 7iii7 criteria for the contents of such proposals2 7iv7 program compliance and evaluation metrics2 and 7v7 program phases and milestones2 7,b7 identify government-furnished data or equipment2 and 7,c7 develop a plan for ,national ,aeronautics and ,space ,administration participation in technology development1 as appropriate1 and intellectual property rights4 7#d7 ,proposal evaluation ,in evaluating proposals for the demonstration program1 the ,administrator shall-- 7,a7 consider the safety1 feasibility1 cost1 benefit1 and maturity of the proposed technology2 7,b7 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 remediation2 7,c7 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 surface2 7,d7 in an appropriate setting1 conduct thorough testing and evaluation of the proposed technology and each component of such technology or system of technologies2 and 7,e7 consider the technical and financial feasibility of using the proposed technology to conduct multiple remediation missions4 7#e7 ,demonstration mission 7,a7 ,in general ,the ,administrator shall consult with the head of each relevant ,federal department or agency in advance of each demonstration mission4 7,b7 ,active debris remediation demonstration mission ,it is the sense of ,congress that the ,administrator should consider maximizing competition for1 and use best practices to engage commercial entities in1 an active debris remediation demonstration mission4 7,c7 ,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 identified4 7#f7 ,reports 7,a7 ,recommendations ,not later than #a year after the date on which the first demonstration mission is carried out under this subsection1 the ,administrator1 in consultation with the head of each relevant ,federal department or agency1 shall submit to ,congress a report that provides legislative1 regulatory1 and policy recommendations to improve active debris remediation missions1 as applicable4 7,b7 ,technical analysis 7i7 ,in general ,to inform decisions regarding the acquisition of active debris remediation services by the ,federal ,government1 not later than #ahj days after the completion of the demonstration program1 the ,administrator shall submit to ,congress a report that-- 7,i7 summarizes a technical analysis of technologies developed under the demonstration program2 7,,ii7 identifies any technology gaps addressed by the demonstration program and any remaining technology gaps2 and 7,,iii7 provides1 as applicable1 any further legislative1 regulatory1 and policy recommendations to enable active debris remediation missions4 7ii7 ,availability ,the ,administration shall make the report submitted under clause 7i7 available to the ,secretary1 the ,secretary of ,defense1 and other relevant ,federal departments and agencies1 as determined by the ,administrator4 7#g7 ,international cooperation 7,a7 ,in general ,in carrying out the demonstration program1 the ,administrator1 in consultation with the ,national ,space ,council and in collaboration with the ,secretary of ,state1 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 countries4 7,b7 ,arrangement or agreement with partner country ,any arrangement or agreement entered into with a partner country under subparagraph 7,a7 shall be-- 7i7 concluded-- 7,i7 in the interests of the ,united ,states ,government2 and 7,,ii7 without prejudice to any contractual arrangement among commercial parties that may be required to complete the active debris remediation mission concerned2 and 7ii7 consistent with the international obligations of the ,united ,states under the international legal framework governing outer space activities4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #aej1jjj1jjj for the period of fiscal years #bjbd through #bjbh4 #e4 ,active debris remediation services 7a7 ,in general ,to foster the competitive development1 operation1 improvement1 and commercial availability of active debris remediation services1 and in consideration of the economic analysis required by subsection 7b7 and the reports under section #d7;b77#f71 the ,administrator and the head of each relevant ,federal department or agency may acquire services for the remediation of orbital debris1 whenever practicable1 through fair and open competition for contracts that are well-defined1 milestone-based1 and in accordance with the ,federal ,acquisition ,regulation4 7b7 ,economic analysis ,based on the results of the demonstration program1 the ,secretary1 acting through the ,office of ,space ,commerce1 shall publish an assessment of the estimated ,federal ,government and private sector demand for orbital debris remediation services for the #aj-year period beginning in #bjbe4 #f4 ,uniform orbital debris standard practices for ,united ,states space activities 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and every #e years thereafter1 the ,national ,space ,council1 in coordination with the ,secretary1 the ,administrator of the ,federal ,aviation ,administration1 the ,secretary of ,defense1 the ,federal ,communications ,commission1 and the ,administrator1 shall initiate an update to the ,orbital ,debris ,mitigation ,standard ,practices that-- 7#a7 considers planned space systems1 including satellite constellations2 and 7#b7 addresses-- 7,a7 collision risk2 7,b7 casualty probability2 7,c7 post-mission disposal of space systems2 7,d7 time to disposal or de-orbit2 7,e7 spacecraft collision avoidance and automated identification capability2 and 7,f7 the ability to track orbital debris of decreasing size4 7b7 ,consultation ,in developing the update under subsection 7a71 the ,national ,space ,council1 or a designee of the ,national ,space ,council1 shall seek advice and input on commercial standards and best practices from representatives of the commercial space industry1 academia1 and nonprofit organizations1 including through workshops and1 as appropriate1 advance public notice and comment processes under chapter #e of title #e1 ,united ,states ,code4 7c7 ,publication ,not later than #a year after the date of the enactment of this ,act1 such update shall be published in the ,federal ,register and posted to the relevant ,federal ,government websites4 7d7 ,regulations ,to promote uniformity and avoid duplication in the regulation of space activity1 including licensing by the ,federal ,aviation ,administration1 the ,national ,oceanic and ,atmospheric ,administration1 and the ,federal ,communications ,commission1 such update1 after publication1 shall be used to inform the further development and promulgation of ,federal regulations relating to orbital debris4 7e7 ,international promotion ,to encourage effective and nondiscriminatory standards1 best practices1 rules1 and regulations implemented by other countries1 such update shall inform bilateral and multilateral discussions focused on the authorization and continuing supervision of nongovernmental space activities4 #g4 ,standard practices for space traffic coordination 7a7 ,in general ,the ,secretary1 in coordination with members of the ,national ,space ,council and the ,federal ,communications ,commission1 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 operators4 7b7 ,consultation ,in facilitating the development of standard practices under subsection 7a71 the ,secretary1 through the ,office of ,space ,commerce1 in consultation with the ,national ,institute of ,standards and ,technology1 shall engage in frequent and routine consultation with representatives of the commercial space industry1 academia1 and nonprofit organizations4 7c7 ,promotion of standard practices ,on completion of such standard practices1 the ,secretary1 the ,secretary of ,state1 the ,secretary of ,transportation1 the ,administrator1 and the ,secretary of ,defense shall promote the adoption and use of the standard practices for domestic and international space missions4