[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4370-S4371]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2123. Mr. SCHMITT (for himself and Ms. Sinema) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. EXTENSIONS AND MODIFICATIONS RELATING TO HUMAN 
                   OCCUPANT SAFETY.

       (a) License Applications and Requirements for Commercial 
     Space Launch Activities.-- Section 50905 of title 51, United 
     States Code, is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(7) The Secretary shall not issue any regulation or other 
     binding guidance regarding human occupant safety until the 
     date on which all of the following have occurred:
       ``(A) The Secretary has approved or denied all applications 
     submitted under this section during the 2 calendar years 
     ending before the date of the enactment of this paragraph 
     within the timelines set forth in this section, including any 
     period during the processing of such applications that is 
     tolled.
       ``(B) The date specified in subsection (c)(9) has 
     passed.''; and
       (2) in subsection (c)--
       (A) by amending paragraph (3) to read as follows:
       ``(3) Collaboration on development of consensus 
     standards.--
       ``(A) Participation of secretary.--
       ``(i) In general.--The Secretary, in collaboration with the 
     commercial human space flight industry, shall meaningfully 
     participate in the development of voluntary industry 
     consensus standards that facilitate the safety of crew, 
     government astronauts, and space flight participants.
       ``(ii) Technical expertise and feedback.--

       ``(I) In general.--The participation of the Secretary under 
     clause (i) shall include the contribution of technical 
     expertise and feedback during the standards development 
     process.
       ``(II) Limitation.--The technical expertise and feedback 
     referred to in subclause (I) shall be limited to such 
     expertise and feedback provided by technical experts from the 
     National Aeronautics and Space Administration, the Federal 
     Aviation Administration, and the commercial human space 
     flight industry who have experience in reviewing human space 
     flight missions and implementing regulations.

       ``(B) Promotion of standards.--
       ``(i) In general.--The Secretary shall promote the adoption 
     of, but shall not require the commercial space sector to 
     implement, the standards developed through the collaboration 
     under subparagraph (A).
       ``(ii) Engagement with commercial space sector.--In 
     promoting the adoption of such standards, the Secretary shall 
     engage with the commercial space sector to collect feedback 
     on the practical application of such standards.'';
       (B) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) by striking ``December 31, 2016, and every 30 months 
     thereafter until December 31, 2021,'' and inserting ``90 days 
     after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2025, and biannually 
     thereafter until the date that is 5 years after such date of 
     enactment,'';
       (II) by striking ``a report'' and inserting ``, and publish 
     in the Federal Register, a report''; and
       (III) by striking ``that promote best practices'' and 
     inserting ``to facilitate the safety of crew, government 
     astronauts, and space flight participants and''; and

       (ii) in subparagraph (B)--

       (I) by amending clause (v) to read as follows:

       ``(v) any lessons learned associated with--

       ``(I) the development, potential application, and 
     acceptance of voluntary industry consensus standards; and
       ``(II) commercial space launch operations; and'';
       (II) by redesignating clause (vi) as clause (xi);
       (III) by inserting after clause (v) the following:

       ``(vi) any lessons learned with respect to the need for new 
     standards applicable to emerging human space flight 
     technologies and approaches for future standards development 
     to ensure safety and innovation;
       ``(vii) recommendations on areas in which updates to 
     existing industry consensus standards may be appropriate;
       ``(viii) a description of the participation of the 
     Secretary in the development of the voluntary industry 
     consensus standards under paragraph (3)(A);
       ``(ix) a description of the efforts of the Secretary to 
     promote the adoption of such standards under paragraph 
     (3)(B)(i);
       ``(x) a description of the activities conducted by the 
     Secretary to engage with the commercial space sector to 
     collect feedback on the practical application of such 
     standards under paragraph (3)(B)(ii); and''; and

       (IV) in clause (xi), as redesignated, by striking 
     ``standards that promote'' and all that follows through the 
     period at the end and inserting ``standards--
       ``(I) to facilitate the safety of crew, government 
     astronauts, and space flight participants; and
       ``(II) to improve industry safety.'';

       (C) in paragraph (6)--
       (i) by striking ``Not later than 270 days after the date of 
     enactment of the SPACE Act of 2015,'' and inserting the 
     following:
       ``(A) In general.--Not later than 270 days after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2025,''; and
       (ii) by adding at the end the following:
       ``(B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       ``(i) An assessment of the experience of the Office of 
     Commercial Space Transportation in evaluating novel public 
     safety frameworks.
       ``(ii) An assessment as to whether the timeframe in which 
     the Office of Commercial Space Transportation reviews, 
     processes, and completes applications is consistent with the 
     pace of development of the commercial human space flight 
     industry.
       ``(iii) An assessment of the continued implementation, 
     review, and improvement of

[[Page S4371]]

     part 450 of title 14, Code of Federal Regulations.
       ``(iv) An identification of any additional resources 
     necessary for the Office of Commercial Space Transportation 
     to fulfill its responsibilities.'';
       (D) in paragraph (8), in the first sentence of the matter 
     preceding subparagraph (A), by striking ``December 31, 2022'' 
     and inserting ``December 31, 2030'';
       (E) by amending paragraph (9) to read as follows:
       ``(9) Learning period.--
       ``(A) In general.--Not earlier than 5 years after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2025, the Secretary may propose regulations 
     under this subsection without regard to subparagraphs (C) and 
     (D) of paragraph (2).
       ``(B) Aerospace rulemaking committee for commercial human 
     occupant safety.--Not earlier than 3 years after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2025, and before commencing the development of 
     proposed regulations under this paragraph, the Secretary of 
     Transportation shall, consistent with section 106(p)(5) of 
     title 49, United States Code, establish an aerospace 
     rulemaking committee, to be known as the `Aerospace 
     Rulemaking Committee for Commercial Human Occupant Safety' 
     (referred to in this paragraph as `SpARC').
       ``(C) Purposes.--The purposes of SpARC shall be--
       ``(i) to gather input from the commercial space flight 
     industry on the development of proposed regulations under 
     this paragraph;
       ``(ii) to survey and assess existing voluntary performance-
     based industry consensus standards for commercial human space 
     flight;
       ``(iii) to determine which published standards, or 
     subcomponents of published standards, may contribute to 
     commercial human space flight regulations;
       ``(iv) to provide a forum for Federal Aviation 
     Administration technical experts with regulatory 
     implementation experience to meaningfully engage with 
     industry with respect to the regulation of commercial human 
     space flight; and
       ``(v) to make recommendations with respect to the scope and 
     substance of commercial human space flight regulations in a 
     report to the Secretary.
       ``(D) Composition.--
       ``(i) In general.--SpARC shall be composed only of 
     representatives of the commercial human space flight industry 
     with relevant expertise, including--

       ``(I) current and prospective commercial space launch 
     license and permit holders; and
       ``(II) any other individual or entity involved in 
     commercial human space flight services.

       ``(ii) Co-chairpersons.--The Secretary of Transportation 
     shall appoint as co-chairpersons of SpARC--

       ``(I) an official of the Federal Aviation Administration; 
     and
       ``(II) a representative of the commercial human space 
     flight industry described in clause (i).

       ``(iii) Observers.--The co-chairpersons of SpARC may invite 
     to serve as a SpARC observer any individual with relevant 
     expertise who is an employee of the Department of Commerce, 
     the Department of Defense, the Department of Transportation, 
     the National Aeronautics and Space Administration, or any 
     other Federal agency.
       ``(E) Considerations.--In developing recommendations under 
     this paragraph, SpARC shall take into consideration--
       ``(i) the evolving standards of the commercial space flight 
     industry as identified in the reports published under 
     paragraphs (5), (6), and (7); and
       ``(ii) the input of the commercial space flight industry.
       ``(F) Reporting requirements.--
       ``(i) Briefing.--Not later than 90 days after the date on 
     which SpARC is established under subparagraph (B), the 
     Secretary of Transportation shall provide a briefing to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives on the composition, charter, 
     work plan, and as applicable, work progress of SpARC.
       ``(ii) Biannual report.--

       ``(I) In general.--Not later than 1 year after the date on 
     which the initial briefing required by clause (i) is 
     conducted, and biannually thereafter until the date on which 
     SpARC terminates, the Secretary of Transportation shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Science, 
     Space, and Technology of the House of Representatives, and 
     the Commercial Space Transportation Advisory Committee of the 
     Federal Aviation Administration a report on the efforts of 
     the Secretary and SpARC with respect to the development of 
     voluntary consensus human space flight standards.
       ``(II) Elements.--Each report required by subclause (I) 
     shall include the following:

       ``(aa) A list of voluntary consensus human space flight 
     standards that have been adopted or are in development as of 
     the date of the report.
       ``(bb) A prioritized list of any additional standard the 
     development of which the Secretary of Transportation 
     considers necessary in promoting the safety of commercial 
     human space flight.
       ``(cc) An estimate of the technical, personnel, and capital 
     resources required for the Federal Government to efficiently 
     and effectively develop and implement commercial human space 
     flight regulations.
       ``(dd) A description of the contribution that technical 
     experts of the Federal Government with regulatory 
     implementation experience are making to the development of 
     voluntary consensus human space flight standards and to the 
     efforts of SpARC.
       ``(ee) An assessment of the efforts and progress of SpARC.
       ``(iii) Final report.--Not later than 90 days after the 
     date on which the report referred to in subparagraph (C)(v) 
     is submitted by SpARC, the Secretary of Transportation shall 
     submit to Congress a report that includes the following:

       ``(I) The report submitted by SpARC.
       ``(II) The response of the Secretary of Transportation to 
     such report, including substantive reasoning for any 
     disagreement with the recommendations of SpARC.
       ``(III) A plan for drafting rules, including the extent to 
     which such rules will or will not reflect the input of SpARC.
       ``(IV) A plan for meaningfully engaging industry during the 
     rulemaking process through SpARC, the Commercial Space 
     Transportation Advisory Committee, and the conduct of public 
     forums.'';

       (F) by redesignating paragraph (10) as paragraph (11); and
       (G) by inserting after paragraph (9) the following:
       ``(10) Other agencies.--With respect to a commercial human 
     space flight operator that meets safety requirements, the 
     Secretary shall accept an application described in subsection 
     (a) from the operator that has, using the same or 
     substantially similar hardware and operations as the hardware 
     and operations proposed to be used under the application--
       ``(A) previously launched government astronauts or space 
     flight participants employed by a Federal agency on a launch 
     vehicle or launch system under a contract with any other 
     Federal agency; or
       ``(B)(i) entered into a contract with any other Federal 
     agency to launch government astronauts or space flight 
     participants employed by a Federal agency on a launch vehicle 
     or launch system; and
       ``(ii) has satisfactorily demonstrated compliance with the 
     safety requirements or qualifications of such other Federal 
     agency.''.
       (b) Extension of Liability Insurance and Financial 
     Responsibility Requirements.--Section 50914 of title 51, 
     United States Code, is amended--
       (1) in subsection (a)(5), by striking ``September 30, 
     2025'' and inserting ``September 30, 2033''; and
       (2) in subsection (b)(1)(C), by striking ``September 30, 
     2025'' and inserting ``September 30, 2033''.
       (c) Extension of Payment of Claims Exceeding Liability 
     Insurance and Financial Responsibility Requirements.--Section 
     50915 of title 51, United States Code, is amended--
       (1) in subsection (a)(3)(B), by striking ``September 30, 
     2025'' and inserting ``September 30, 2033''; and
       (2) in subsection (f), in the first sentence, by striking 
     ``September 30, 2025'' and inserting ``September 30, 2033''.
                                 ______