[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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