ORBITS Act: Sustainability is Coming

The 4 Ws

• What:?A draft bill to promote research and collaboration for a more sustainable use of outer space.
• Who:?US Congress.
• Whom:?Entities working on space debris mitigation.
• Why:?In case the proposed Act becomes law, we could see a new era in space sustainability regulations, with tighter rules prior to authorities granting a license.

It has been some time since Congress looked at the proposed Orbital Sustainability Act, currently sitting inside a House desk. However, given the increasing alarm bells regarding the effects of space debris, this should get resurfaced in the near future; it is an election year, after all.?

The Act emphasizes the critical role of the United States Government in ensuring space sustainability in the near future. The most fundamental actions include implementing regulations to minimize orbital debris, leading international efforts to encourage debris mitigation, and promoting best practices among space system operators to prevent future orbital debris generation. Examples of such measures include transparent data sharing and designing systems for reliability.

ORBITS Act: Table of Contents

One of the prominent measures include the NASA Administrator, in consultation with relevant federal agencies, launching a demonstration project within 180 days of the Act’s enactment. The project will offer competitive awards to drive the research, development, and demonstration of technologies to remove identified orbital debris. While this does show how strong the Congress’s commitment to ensuring sustainability is, it is subject to the acceptance of the $150 million allocated to the Administrator for carrying out the activities under the Act until 2028. However, any of the $150 million that remains unspent by September 30, 2028 must be returned by the end of that year.

Alongside emphasizing the importance of international cooperation, the Congress goes so far as encouraging the Administrator to work with one or more partner countries to mitigate the orbital debris within their respective jurisdictions. However, there is a high likelihood that this will remain a mere aspiration, particularly due to the bill’s narrow scope..?

The bill further requires that, within 90 days of its enactment, the Secretary of Commerce and other key commercial stakeholders?should?publish a list of select identified orbital debris. This list would identify debris that can be mitigated in order to enhance the safety and sustainability of satellites and other on-orbit activities.

Some defining terms to bear in mind

The draft bill also establishes definitions that could be material in understanding who will face its regulatory wrath. For instance, the Act’s scope is limited to U.S.based entities despite its stated intention to influence global affairs.?

Another important definition is the one for active debris remediation. Accordingly, it is narrowed down to the “deliberate” processes of mitigating orbital debris, as opposed to “passive” approaches like a mere atmospheric re-entry. This could bring changes for operators that hope to go with a more ‘hands-off approach’

The draft bill gives further account to what exactly amounts to “orbital debris”, defining it as any human-made object orbiting Earth that no longer serves a purpose, either because its mission has ended or is no longer operational. This is interesting, since it relies on a solid definition of “safely” to assess what is considered debris and what is not.??

Lastly, the proposed bill names the relevant “Secretary” as the Secretary of Commerce. This is an interesting development, as it could potentially bestow the responsibility of overseeing these activities upon the Office of Space Commerce, rather than the FAA. It is no secret that the FAA has extensive experience and legacy regulating the industry over the past years. Despite not utilizing FAA’s experience, however, it can be said that the Secretary has the direct power to engage with stakeholders

General Industry Implications

The ORBITS Act signals an optimistic approach towards space sustainability. It acknowledges the issues space debris is causing and seeks to undo the damage caused to our final frontier. Numerous private entities are involved in active debris removal (ADR) operations, and organizations like ESA have taken concrete action, by awarding ADR contracts, proving that space debris is a considerable threat. It is always positive to see action being taken, before we reach the stage where we have to shoot debris with lasers. Though, this sounds pretty cool.

If you want to find out more, you can read the full document?here.