[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7448 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7448
To require a study on the resiliency of space access infrastructure for
national security requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2022
Mr. Brown of Maryland (for himself and Mr. Wittman) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology, and in addition to the Committee on Armed Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To require a study on the resiliency of space access infrastructure for
national security requirements, 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 ``Spaceport Tiering for Access
Resiliency Act'' or the ``STAR Act''.
SEC. 2. STUDY ON SPACE ACCESS INFRASTRUCTURE FOR NATIONAL SECURITY
RESILIENCY.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Transportation, shall submit to the appropriate
congressional committees a report on the resiliency of space access
infrastructure to meet national security requirements.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An identification of the current and projected launch
requirements for national security missions, including with
respect to payload, orbit type, orbit longitude, and orbit
inclination.
(2) A categorization of each spaceport and other launch
site by the capability of the spaceport and site--
(A) to meet the launch requirements of all national
security missions;
(B) to meet the launch requirements of a portion of
national security missions;
(C) with respect to spaceports and sites not
identified under subparagraph (A), to meet the launch
requirements of all national security missions if the
spaceport received improvements; and
(D) with respect to spaceports and sites not
identified under subparagraph (A), (B), or (C), to meet
the launch requirements of a portion of national
security missions if the spaceport or site received
improvements.
(3) An assessment of the operational risks to each
spaceport and site identified under paragraph (2).
(4) An aggregation of the operational risks to the
spaceports and sites identified under paragraph (2).
(5) An assessment of the vulnerabilities and the overall
resiliency of space access for national security missions.
(6) A strategy for spaceport infrastructure by the Federal
Government, State or local government, or the private sector to
ensure space access resiliency for national security missions.
(7) Recommendations for prioritization of Federal
investment in spaceports to mitigate vulnerabilities to space
access and improve resiliency.
(8) Any other information as determined by the Secretaries
specified in subsection (a).
(c) Form.--The report under subsection (a) shall be submitted in an
unclassified form, but may include a classified annex if necessary. The
Secretary shall make the unclassified portions of such report publicly
available pursuant to section 122a of title 10, United States Code.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Transportation and
Infrastructure, the Committee on Science, Space, and
Technology, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation and the Select Committee on Intelligence
of the Senate.
(2) The term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(3) The term ``operational risk'' includes--
(A) a cyber attack;
(B) a conventional military or terrorist attack;
(C) an extreme weather event that could occur
during the fifteen-year period beginning on the date of
the enactment of this Act;
(D) an action by an adversary to deny space access,
including intentional creation of orbital debris;
(E) a limitation due to launch vehicle design
constraint;
(F) a disruption to critical infrastructure
necessary for launch activity; and
(G) any other threat to space access as determined
by the Secretaries specified in subsection (a).
(4) The term ``other launch site'' means a non-governmental
launch and re-entry site used exclusively by a private entity.
(5) The term ``spaceport'' has the meaning given such term
in section 80101 of title 51, United States Code, as added by
section 3.
SEC. 3. ESTABLISHMENT OF SPACEPORT POLICY AND PLANNING.
(a) In General.--Title 51, United States Code, is amended--
(1) by adding at the end the following new subtitle:
``Subtitle VIII--Spaceports
``CHAPTER 801--SPACEPORTS
``Sec.
``80101. Definition.
``80102. Policy.
``80103. Establishment of Office of Spaceports.
``80104. Tiering.
``80105. National plan for spaceports.
``Sec. 80101. Definition
``In this subtitle, the term `spaceport' means a launch or reentry
site that is--
``(1) operated by an entity licensed by the Secretary of
Transportation; or
``(2) owned or operated by the Secretary of Defense.
``Sec. 80102. Policy
``(a) In General.--It is the policy of the United States--
``(1) to encourage the development of spaceports to serve
efficiently and effectively private sector and United States
Government access to space;
``(2) that redundant and resilient access to space is
foundational to promoting economic development and national
security;
``(3) that access to space must be efficiently and fully
integrated with the national airspace system; and
``(4) that safety and environmental considerations are
critical components of access to space.
``(b) Priority Policy.--It is the policy of the United States to
give special emphasis to developing spaceports capable of satisfying
national security launch requirements.
``Sec. 80104. Tiering
``(a) In General.--The Secretary of Transportation shall establish
a tiering system for spaceports that categorizes their operation for
purposes of planning, development, and expenditure of funds.
``(b) Considerations.--In establishing the tiering system for
spaceports under subsection (a), the Secretary of Transportation shall
consider the following:
``(1) The type of orbit which may be reached from the
spaceport at issue, including if such spaceport is limited to
suborbital launches.
``(2) The maximum payload capacity of such spaceport.
``(3) The annual launch capacity of such spaceport.
``(4) National security requirements.
``Sec. 80105. National plan for spaceports
``(a) In General.--The Secretary of Transportation, in consultation
with the Secretary of Defense, shall develop a plan, to be known as the
`national plan for spaceports' (in this section referred to as the
`plan'), for developing spaceports in the United States.
``(b) Considerations.--The plan shall include the types and
estimated cost of eligible spaceport development the Secretary of
Transportation considers necessary to provide redundant and resilient
access to space necessary to carry out the policies specified in
section 80102.
``(c) Specific Requirements.--The plan shall include a
categorization of spaceports pursuant to the tiers established under
section 80104.
``(d) Consultation.--In developing the plan, the Secretary of
Transportation shall, to the extent possible and as appropriate,
consult with--
``(1) departments, agencies, and instrumentalities of the
United States Government;
``(2) public agencies; and
``(3) the space community.
``(e) Availability of Domestic Military Spaceport and Spaceport
Facilities.--To the extent possible, the Secretary of Defense shall
make domestic military spaceports and spaceport facilities available
for civil use. In consulting with the Secretary of Transportation under
subsection (a), the Secretary of Defense shall indicate the extent to
which domestic military spaceports and spaceport facilities are
available for civil use.
``(f) Publication.--The Secretary of Transportation shall publish
the plan every two years.'';
(2) by--
(A) transferring section 51501 to subtitle VIII, as
added by paragraph (1);
(B) inserting such section 51501 after section
80102, as so added by such paragraph; and
(C) redesignating such section 51501, as so
transferred and inserted, as section 80103; and
(3) in such section 80103, as so transferred and
redesignated--
(A) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``host''; and
(ii) in paragraph (1), by inserting
``host'' before ``launches''; and
(B) by striking subsection (e).
(b) Clerical Amendments.--Title 51, United States Code, is
amended--
(1) in the table of subtitles--
(A) by adding at the end the following new items:
``Subtitle VIII--Spaceports
``801. Spaceports........................................... 80101'';
and
(B) by striking the item relating to chapter 515;
and
(2) in subtitle V, by striking the heading relating to
chapter 515.
SEC. 4. STUDY ON THE ESTABLISHMENT OF A SPACEPORT IMPROVEMENT PLAN.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary of Transportation, in coordination
with the Secretary of Defense and the Secretary of Commerce, after
providing an opportunity for public comment, shall submit to the
appropriate congressional committees a report on the implementation of
a spaceport improvement program.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the feasibility of establishing a
spaceport trust fund for the improvement of spaceports.
(2) Recommendations for a fee structure to fund such a
trust fund.
(3) Recommendations for establishing a spaceport
improvement program, including a grant program through which to
distribute funds from such a trust fund.
(4) Recommendations for the tiers of spaceports under
section 80104 of title 51, United States Code, as added by
section 3, to be eligible to receive a grant under such
spaceport improvement program.
(5) Recommendations for the apportionment of funds to
spaceports, including minimums, maximums, and prioritization of
the distribution of such funds.
(6) Recommended modifications to the national plan for
spaceports under section 80105 of title 51, United States Code,
as added by section 3, to incorporate such spaceport
improvement program.
(c) Form.--The report under subsection (a) shall be--
(1) submitted in an unclassified form; and
(2) posted on a publicly available website of the
Department of Transportation.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committee on Transportation and
Infrastructure of the House of Representatives.
(B) The Committee on Commerce, Science, and
Transportation of the Senate.
(C) The Committee on Science, Space, and Technology
of the House of Representatives.
(D) The congressional defense committees.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given such
term in section 101(a)(16) of title 10, United States Code.
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