[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4064 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4064
To amend section 50905 of title 51, United States Code, to extend and
modify provisions relating to license applications and requirements for
commercial space launch activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2024
Mr. Schmitt (for himself and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend section 50905 of title 51, United States Code, to extend and
modify provisions relating to license applications and requirements for
commercial space launch activities, 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 ``Commercial Standards Paramount to
Accelerating Cosmic Exploration Leadership Act'' or ``Commercial SPACE
Leadership Act''.
SEC. 2. 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 Commercial SPACE
Leadership Act, 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 Commercial SPACE
Leadership Act,''; 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 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 Commercial SPACE
Leadership Act, 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 Commercial SPACE
Leadership Act, 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''.
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