[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1363 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1363

      To amend the Internal Revenue Code of 1986 to provide bonus 
   depreciation for certain space launch expenditures, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2023

  Mr. Posey (for himself and Mr. Soto) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
      To amend the Internal Revenue Code of 1986 to provide bonus 
   depreciation for certain space launch expenditures, 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 ``American Space Commerce Act of 
2023''.

SEC. 2. SPECIAL ALLOWANCE FOR QUALIFIED DOMESTIC SPACE LAUNCH PROPERTY.

    (a) Allowance of Bonus Depreciation for Qualified Domestic Space 
Launch Property.--Section 168(k)(2)(A)(i) of the Internal Revenue Code 
of 1986 is amended--
            (1) by striking ``or'' at the end of subclause (III),
            (2) by striking ``or'' at the end of subclause (IV),
            (3) by adding ``or'' at the end of subclause (V), and
            (4) by adding at the end the following new subclause:
                                    ``(VI) which is qualified domestic 
                                space launch property (as defined in 
                                paragraph (11)),''.
    (b) Extension of Termination of Bonus Depreciation for Qualified 
Domestic Space Launch Property.--
            (1) In general.--Section 168(k)(2)(A)(iii) of the Internal 
        Revenue Code of 1986 is amended by inserting ``(in the case of 
        qualified domestic space launch property, before January 1, 
        2033)'' after ``before January 1, 2027''.
            (2) Application of applicable percentage.--Section 
        168(k)(6) of such Code is amended by adding at the end the 
        following new subparagraph:
                    ``(D) Rule for qualified domestic space launch 
                property.--Notwithstanding any other provisions of this 
                paragraph, in the case of any qualified property which 
                is qualified domestic space launch property, the term 
                `applicable percentage' means, in the case of property 
                placed in service after December 31, 2023, and before 
                January 1, 2033, 100 percent.''.
    (c) Qualified Domestic Space Launch Property Defined.--Section 
168(k) of the Internal Revenue Code of 1986 is amended by adding at the 
end the following new paragraph:
            ``(11) Qualified domestic space launch property defined.--
        For purposes of this subsection--
                    ``(A) In general.--The term `qualified domestic 
                space launch property' means property placed in service 
                before January 1, 2033, that is--
                            ``(i) a space transportation vehicle or 
                        payload (as such terms are defined in section 
                        50101 of title 51, United States Code) that is 
                        launched from the United States, or
                            ``(ii) other property or equipment placed 
                        in service for the purpose of facilitating a 
                        space launch from the United States.
                    ``(B) Special rule for space launches from 
                aircraft.--A space transportation vehicle or payload 
                that is launched from an aircraft shall be considered 
                to be launched from the United States if, and only if, 
                such space transportation vehicle or payload is--
                            ``(i) substantially manufactured within the 
                        United States, as determined by the Secretary, 
                        and
                            ``(ii) launched from an aircraft on a 
                        flight that originated from United States soil.
                    ``(C) United states.--The term `United States' 
                includes the possessions of the United States.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2023.
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