[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 587 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 587
To impose sanctions with respect to foreign persons responsible for the
negligent creation of space debris, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign persons responsible for the
negligent creation of space debris, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deterring Errant Behavior Risking
International Space Act of 2023'' or the ``DEBRIS Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) Space debris.--The term ``space debris'' means any
human-made, Earth-orbiting object or fragment of an object that
is nonfunctional and for which there is no reasonable
expectation of assuming or resuming its intended function.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 3. DETERMINATION BY PRESIDENT.
(a) In General.--If persuasive information becomes available to the
executive branch indicating the substantial possibility that a foreign
person has created space debris without prior notification or warning
to the United States Government, the President shall, not later than 30
days after the executive branch receives such information, submit to
the appropriate congressional committees a report that includes--
(1) a determination with respect to whether that foreign
person is responsible for creating space debris without prior
notification to the United States Government, through--
(A) deliberate action, including weapons or
technical testing in orbit; or
(B) negligence, including through--
(i) an unintentional collision of a human-
made object that the foreign person failed to
track;
(ii) a failure to properly dispose of
human-made objects, such as through deorbiting;
or
(iii) other gross negligence; and
(2) an identification of any other foreign person that the
President determines--
(A) acted as an agent of or on behalf of the
foreign person described in paragraph (1) in a matter
relating to the creation of the space debris; or
(B) has materially assisted, sponsored, or provided
financial, material, or technological support for, or
goods or services in support of, an activity resulting
in the creation of the space debris.
(b) Consideration of Certain Information in Making a
Determination.--In determining whether a foreign person has engaged in
an activity described in subsection (a), the President shall consider--
(1) information provided by the chairperson and ranking
member of each of the appropriate congressional committees;
(2) information provided by the Commander of the United
States Space Command; and
(3) credible information obtained by other countries and
nongovernmental organizations that monitor space debris.
(c) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one of the
appropriate congressional committees with respect to whether a foreign
person has engaged in an activity described in subsection (a), the
President shall--
(1) determine if that person has engaged in such an
activity; and
(2) submit a report to the chairperson and ranking member
of that committee with respect to that determination that
includes--
(A) a statement of whether or not the President
imposed or intends to impose sanctions under section 4
with respect to the person; and
(B) if the President imposed or intends to impose
sanctions, a description of those sanctions.
(d) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(2) the Committee on Science, Space, and Technology and the
Committee on Armed Services of the House of Representatives.
SEC. 4. IMPOSITION OF SANCTIONS.
(a) In General.--Not later than 90 days after submitting a report
under section 3(a), the President shall impose the sanctions described
in subsection (b) with respect to any foreign person--
(1) determined under paragraph (1) of section 3(a) to be
responsible for creating space debris; or
(2) identified under paragraph (2) of that section.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--
(A) In general.--The President shall exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in
property of a foreign person described in paragraph (1)
or (2) of subsection (a) if such property and interests
in property are in the United States, come within the
United States, or are or come within the possession or
control of a United States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in paragraph (1) or (2) of subsection (a)
is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
paragraph (1) or (2) of subsection (a) is
subject to revocation of any visa or other
entry documentation, regardless of when the
visa or other entry documentation is or was
issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(d) Exceptions.--
(1) Exception relating to civil space cooperation.--
Sanctions under subsection (b) shall not apply with respect to
a person that is a party to an agreement relating to civil
space cooperation with any agency of the United States.
(2) Exception to comply with united nations headquarters
agreement and law enforcement objectives.--Sanctions under
subsection (b)(2) shall not apply with respect to an alien if
admitting the alien into the United States--
(A) would further important law enforcement
objectives; or
(B) is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, or other
applicable international obligations of the United
States.
(3) Exception relating to importation of goods.--
(A) In general.--The requirement to block and
prohibit all transactions in all property and interests
in property under subsection (b)(1) shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
(B) Good.--In this paragraph, the term ``good''
means any article, natural or manmade substance,
material, supply or manufactured product, including
inspection and test equipment, and excluding technical
data.
(e) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) credible information exists that the person did not
engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed; or
(3) the termination of the sanctions is in the vital
national security interests of the United States.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, and the
Committee on the Judiciary of the Senate; and
(2) the Committee on Appropriations, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Committee on Science, Space, and Technology, the Committee on
Armed Services, and the Committee on the Judiciary of the House
of Representatives.
SEC. 5. REPORTS TO CONGRESS.
(a) In General.--The President shall submit to the appropriate
congressional committees, in accordance with subsection (b), a report
that includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions pursuant to section 4 during the
year preceding the submission of the report;
(2) the number of foreign persons with respect to which the
President--
(A) imposed sanctions under section 4(a) during
that year; and
(B) terminated sanctions under section 4(e) during
that year;
(3) the dates on which such sanctions were imposed or
terminated, as the case may be;
(4) the reasons for imposing or terminating such sanctions;
and
(5) a description of the efforts of the President to
encourage the governments of other countries to impose
sanctions that are similar to the sanctions authorized by
section 4.
(b) Dates for Submission.--
(1) Initial report.--The President shall submit the initial
report under subsection (a) not later than 120 days after the
date of the enactment of this Act.
(2) Subsequent reports.--
(A) In general.--The President shall submit a
subsequent report under subsection (a) on April 12, or
the first day thereafter on which both Houses of
Congress are in session, of--
(i) the calendar year in which the initial
report is submitted if the initial report is
submitted before April 12 of that calendar
year; and
(ii) each calendar year thereafter.
(B) Form of report.--
(i) In general.--Each report required by
subsection (a) shall be submitted in
unclassified form, but may include a classified
annex.
(ii) Exception.--The name of a foreign
person to be included in the list required by
subsection (a)(1) may be submitted in the
classified annex authorized by paragraph (1)
only if the President--
(I) determines that it is vital for
the national security interests of the
United States to do so;
(II) uses the annex in a manner
consistent with congressional intent
and the purposes of this Act; and
(III) not later than 15 days before
submitting the name in a classified
annex, provides to the appropriate
congressional committees notice of, and
a justification for, including the name
in the classified annex despite any
publicly available credible information
indicating that the person engaged in
an activity described in section 4(a).
(c) Public Availability.--
(1) In general.--The unclassified portion of the report
required by subsection (a) shall be made available to the
public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required by subsection (a)(1) without regard to the
requirements of section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or
refusal of visas or permits to enter the United States.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, and the
Committee on the Judiciary of the Senate; and
(2) the Committee on Appropriations, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Committee on Science, Space, and Technology, the Committee on
Armed Services, and the Committee on the Judiciary of the House
of Representatives.
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