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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4064 Introduced in Senate (IS)]

<DOC>

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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