21st Century Aerospace Infrastructure Act of 2021
Bill: H.R.3902 | Sponsor: Rep. Graves, Garret (R-LA)
Policy area: Transportation and Public Works

Summary:
21st Century Aerospace Infrastructure Act of 2021
This bill directs the Department of Transportation (DOT) to establish a pilot program, through FY2023, to issue grants to operators of space launch and reentry sites for projects to construct, repair, maintain, or improve transportation infrastructure and facilities at such sites. Launch site is defined as the location on Earth from which a launch takes place and necessary facilities at that location, and reentry site is defined as the location on Earth to which a reentry vehicle (i.e., spacecraft) is intended to return.
Grants issued to an operator may not exceed $2.5 million for a fiscal year.
DOT may issue supplemental grants to operators in support of state, local, or private matching under specified conditions.

To amend title 49, United States Code, to establish a pilot program for 
    intermodal transportation infrastructure grants, 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 ``21st Century Aerospace 
Infrastructure Act of 2021''.

SEC. 2. INTERMODAL TRANSPORTATION INFRASTRUCTURE IMPROVEMENT PILOT 
              PROGRAM.

    (a) In General.--Section 47115 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(l) Intermodal Transportation Infrastructure Improvement Pilot 
Program.--
            ``(1) In general.--The Secretary shall establish a pilot 
        program to issue grants to operators of launch and reentry 
        sites for projects to construct, repair, maintain, or improve 
        transportation infrastructure and facilities at such sites. The 
        Secretary may enter into agreements to provide grants under 
        this subsection.
            ``(2) Pilot program qualifications.--The Secretary may only 
        issue a grant under this subsection to an operator if the 
        operator--
                    ``(A) has submitted an application to the Secretary 
                in such form, at such time, and containing such 
                information as prescribed by the Secretary;
                    ``(B) demonstrates to the Secretary's satisfaction 
                that the project for which the application has been 
                submitted is for an eligible purpose under paragraph 
                (3); and
                    ``(C) agrees to maintain such records relating to 
                the grant as the Secretary may require and to make such 
                records available to the Secretary or the Comptroller 
                General of the United States upon request.
            ``(3) Permitted use of pilot program grants.--An operator 
        may use a grant provided under this subsection for a project to 
        construct, repair, maintain, or improve infrastructure and 
        facilities that--
                    ``(A) are located at, or adjacent to, a launch or 
                reentry site; and
                    ``(B) directly enable or support transportation 
                safety or covered transportation activities.
            ``(4) Pilot program grants.--
                    ``(A) Grant formula.--At the beginning of each 
                fiscal year after fiscal year 2021, the Secretary shall 
                issue a grant to an operator that qualifies for the 
                pilot program under paragraph (2) an amount equal to 
                the sum of--
                            ``(i) $250,000 for each licensed launch or 
                        reentry operation conducted from the applicable 
                        launch or reentry site or at any adjacent 
                        Federal launch range in the previous fiscal 
                        year; and
                            ``(ii) $100,000 for each permitted launch 
                        or reentry operation conducted from the 
                        applicable launch or reentry site or at any 
                        adjacent Federal launch range in the previous 
                        fiscal year.
                    ``(B) Maximum grant.--Except as provided in 
                paragraph (5)(E), a grant issued to an operator under 
                this subsection shall not exceed $2,500,000 for a 
                fiscal year.
                    ``(C) Adjacency.--
                            ``(i) In general.--In issuing a grant to an 
                        operator under subparagraph (A), the Secretary 
                        shall determine whether a launch or reentry 
                        site is adjacent to a Federal launch range.
                            ``(ii) Limitation.--Only 1 operator may 
                        receive an amount under subparagraph (A) for 
                        each licensed or permitted launch or reentry 
                        operation described in such subparagraph.
                            ``(iii) Multiple launch or reentry sites 
                        operated by 1 operator.--If an operator holds a 
                        license to operate more than 1 launch site or 
                        more than 1 reentry site that are adjacent to a 
                        Federal launch range, the Secretary shall 
                        consider such launch or reentry sites as 1 
                        launch or reentry site for purposes of 
                        subparagraph (A).
            ``(5) Supplemental grants in support of state, local, or 
        private matching.--
                    ``(A) In general.--The Secretary may issue a 
                supplemental grant to an operator, subject to the 
                requirements of this paragraph.
                    ``(B) Dollar-for-dollar matching.--If a qualified 
                entity provides an operator an amount equal to or 
                greater than the amount of a grant provided in a fiscal 
                year under paragraph (4) (for the explicit purpose of 
                matching such grant), the Secretary may issue a 
                supplemental grant to the operator that is equal to 25 
                percent of such grant in the following fiscal year.
                    ``(C) Additional non-federal matching.--If a 
                qualified entity provides an operator an amount equal 
                to or greater than two times the amount of a grant 
                provided in a fiscal year to the operator under 
                paragraph (4) (for the explicit purpose of matching 
                such grant), the Secretary may issue a supplemental 
                grant to the operator that is equal to 50 percent of 
                such grant in the following fiscal year.
                    ``(D) Supplemental grant limitations.--
                            ``(i) Match timing.--The Secretary may 
                        issue a supplemental grant under subparagraph 
                        (B) or (C) only if an amount provided by a 
                        qualified entity is provided to the operator in 
                        the same fiscal year as the grant issued under 
                        paragraph (4).
                            ``(ii) Non-duplication of matching 
                        grants.--If the Secretary issues a supplemental 
                        grant to the operator of a launch site under 
                        subparagraph (C), the Secretary may not issue a 
                        supplemental grant under subparagraph (B) to 
                        the same operator in the same fiscal year.
                    ``(E) Non-application of grant ceiling.--The 
                limitation on a grant amount under paragraph (4)(B) 
                shall not apply to supplemental grants issued under 
                this paragraph.
            ``(6) Program administration.--
                    ``(A) Award timing.--Amounts designated to carry 
                out this section that are not obligated for grants 
                under paragraphs (4) or (5) by July 1 of the fiscal 
                year in which the amounts were made available shall be 
                made available for projects in accordance with 
                subsection (j).
                    ``(B) Grant assurance applicability.--Except as 
                provided in subparagraph (C), a grant issued under this 
                subsection shall not be subject to the conditions of 
                sections 47106 or 47107, including any regulations 
                prescribed thereunder, or any other conditions 
                associated with grants made under this subchapter 
                pursuant to the Secretary's authority under chapter 471 
                or 475 (excluding section 47112 and 47113).
                    ``(C) Combination with other federal funds.--If an 
                operator combines amounts received under this 
                subsection with Federal funds from any other source 
                (including funds received under chapter 471 and 475), 
                the applicable statutory or regulatory requirements 
                associated with such funds shall apply to the total 
                project being funded and to the funds provided under 
                this subsection.
            ``(7) Funding.--
                    ``(A) Pilot program grant funds.--The grants issued 
                under this subsection shall be issued from funds made 
                available under subsection (j)(4).
                    ``(B) Maximum annual limit on pilot program.--
                            ``(i) In general.--The total amount of all 
                        grants issued under this subsection shall not 
                        exceed $20,000,000 in any fiscal year.
                            ``(ii) Grant reduction.--In complying with 
                        clause (i), the Secretary--
                                    ``(I) may proportionally reduce the 
                                amount of, or decline to issue, a 
                                supplemental grant under paragraph (5); 
                                and
                                    ``(II) if the reduction under 
                                subclause (I) is insufficient, shall 
                                proportionally reduce grants issued 
                                under paragraph (4).
            ``(8) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Covered transportation activity.--The term 
                `covered transportation activity' means the movement of 
                people or property to, from, or within a launch site 
                and the necessary or incidental activities associated 
                with such movement, including through use of--
                            ``(i) a vehicle;
                            ``(ii) a vessel;
                            ``(iii) a railroad (as defined in section 
                        20102);
                            ``(iv) an aircraft (as defined in section 
                        40102);
                            ``(v) a pipeline facility (as defined in 
                        section 60101); or
                            ``(vi) a launch vehicle or reentry vehicle.
                    ``(B) Launch; launch site; launch vehicle; reentry 
                site; reentry vehicle.--The terms `launch', `launch 
                site', `launch vehicle', `reentry site', and `reentry 
                vehicle' have the meanings given those terms in section 
                50902 of title 51.
                    ``(C) Operator.--The term `operator' means a person 
                licensed by the Secretary to operate a launch or 
                reentry site.
                    ``(D) Qualified entity.--The term `qualified 
                entity' means a State, local, or tribal government or 
                private sector entity, or any combination thereof.
            ``(9) Pilot program sunset.--This subsection shall cease to 
        be effective on October 1, 2023.''.
    (b) Conforming Amendment.--Section 47115(j)(4) of title 49, United 
States Code, is amended by inserting ``and subsection (l)'' after 
``this subsection''.
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