I 117th CONGRESS 2d Session H. R. 7448 IN THE HOUSE OF REPRESENTATIVES April 7, 2022 Mr. Brown of Maryland (for himself and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require a study on the resiliency of space access infrastructure for national security requirements, and for other purposes.

1. Short title This Act may be cited as the Spaceport Tiering for Access Resiliency Act or the STAR Act . 2. Study on space access infrastructure for national security resiliency (a) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Transportation, shall submit to the appropriate congressional committees a report on the resiliency of space access infrastructure to meet national security requirements. (b) Elements The report under subsection (a) shall include the following: (1) An identification of the current and projected launch requirements for national security missions, including with respect to payload, orbit type, orbit longitude, and orbit inclination. (2) A categorization of each spaceport and other launch site by the capability of the spaceport and site— (A) to meet the launch requirements of all national security missions; (B) to meet the launch requirements of a portion of national security missions; (C) with respect to spaceports and sites not identified under subparagraph (A), to meet the launch requirements of all national security missions if the spaceport received improvements; and (D) with respect to spaceports and sites not identified under subparagraph (A), (B), or (C), to meet the launch requirements of a portion of national security missions if the spaceport or site received improvements. (3) An assessment of the operational risks to each spaceport and site identified under paragraph (2). (4) An aggregation of the operational risks to the spaceports and sites identified under paragraph (2). (5) An assessment of the vulnerabilities and the overall resiliency of space access for national security missions. (6) A strategy for spaceport infrastructure by the Federal Government, State or local government, or the private sector to ensure space access resiliency for national security missions. (7) Recommendations for prioritization of Federal investment in spaceports to mitigate vulnerabilities to space access and improve resiliency. (8) Any other information as determined by the Secretaries specified in subsection (a). (c) Form The report under subsection (a) shall be submitted in an unclassified form, but may include a classified annex if necessary. The Secretary shall make the unclassified portions of such report publicly available pursuant to section 122a of title 10, United States Code. (d) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees. (B) The Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives. (C) The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate. (2) The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. (3) The term operational risk includes— (A) a cyber attack; (B) a conventional military or terrorist attack; (C) an extreme weather event that could occur during the fifteen-year period beginning on the date of the enactment of this Act; (D) an action by an adversary to deny space access, including intentional creation of orbital debris; (E) a limitation due to launch vehicle design constraint; (F) a disruption to critical infrastructure necessary for launch activity; and (G) any other threat to space access as determined by the Secretaries specified in subsection (a). (4) The term other launch site means a non-governmental launch and re-entry site used exclusively by a private entity. (5) The term spaceport has the meaning given such term in section 80101 of title 51, United States Code, as added by section 3. 3. Establishment of spaceport policy and planning (a) In general Title 51, United States Code, is amended— (1) by adding at the end the following new subtitle: VIII Spaceports 801 Spaceports Sec. 80101. Definition. 80102. Policy. 80103. Establishment of Office of Spaceports. 80104. Tiering. 80105. National plan for spaceports. 80101. Definition In this subtitle, the term spaceport means a launch or reentry site that is— (1) operated by an entity licensed by the Secretary of Transportation; or (2) owned or operated by the Secretary of Defense. 80102. Policy (a) In general It is the policy of the United States— (1) to encourage the development of spaceports to serve efficiently and effectively private sector and United States Government access to space; (2) that redundant and resilient access to space is foundational to promoting economic development and national security; (3) that access to space must be efficiently and fully integrated with the national airspace system; and (4) that safety and environmental considerations are critical components of access to space. (b) Priority policy It is the policy of the United States to give special emphasis to developing spaceports capable of satisfying national security launch requirements. 80104. Tiering (a) In general The Secretary of Transportation shall establish a tiering system for spaceports that categorizes their operation for purposes of planning, development, and expenditure of funds. (b) Considerations In establishing the tiering system for spaceports under subsection (a), the Secretary of Transportation shall consider the following: (1) The type of orbit which may be reached from the spaceport at issue, including if such spaceport is limited to suborbital launches. (2) The maximum payload capacity of such spaceport. (3) The annual launch capacity of such spaceport. (4) National security requirements. 80105. National plan for spaceports (a) In general The Secretary of Transportation, in consultation with the Secretary of Defense, shall develop a plan, to be known as the national plan for spaceports (in this section referred to as the plan ), for developing spaceports in the United States. (b) Considerations The plan shall include the types and estimated cost of eligible spaceport development the Secretary of Transportation considers necessary to provide redundant and resilient access to space necessary to carry out the policies specified in section 80102. (c) Specific requirements The plan shall include a categorization of spaceports pursuant to the tiers established under section 80104. (d) Consultation In developing the plan, the Secretary of Transportation shall, to the extent possible and as appropriate, consult with— (1) departments, agencies, and instrumentalities of the United States Government; (2) public agencies; and (3) the space community. (e) Availability of domestic military spaceport and spaceport facilities To the extent possible, the Secretary of Defense shall make domestic military spaceports and spaceport facilities available for civil use. In consulting with the Secretary of Transportation under subsection (a), the Secretary of Defense shall indicate the extent to which domestic military spaceports and spaceport facilities are available for civil use. (f) Publication The Secretary of Transportation shall publish the plan every two years. ; (2) by— (A) transferring section 51501 to subtitle VIII, as added by paragraph (1); (B) inserting such section 51501 after section 80102, as so added by such paragraph; and (C) redesignating such section 51501, as so transferred and inserted, as section 80103; and (3) in such section 80103, as so transferred and redesignated— (A) in subsection (c)— (i) in the matter preceding paragraph (1), by striking host ; and (ii) in paragraph (1), by inserting host before launches ; and (B) by striking subsection (e). (b) Clerical amendments Title 51, United States Code, is amended— (1) in the table of subtitles— (A) by adding at the end the following new items: Subtitle VIII—Spaceports 801. Spaceports 80101 ; and (B) by striking the item relating to chapter 515; and (2) in subtitle V, by striking the heading relating to chapter 515. 4. Study on the establishment of a spaceport improvement plan (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of Defense and the Secretary of Commerce, after providing an opportunity for public comment, shall submit to the appropriate congressional committees a report on the implementation of a spaceport improvement program. (b) Elements The report under subsection (a) shall include the following: (1) An assessment of the feasibility of establishing a spaceport trust fund for the improvement of spaceports. (2) Recommendations for a fee structure to fund such a trust fund. (3) Recommendations for establishing a spaceport improvement program, including a grant program through which to distribute funds from such a trust fund. (4) Recommendations for the tiers of spaceports under section 80104 of title 51, United States Code, as added by section 3, to be eligible to receive a grant under such spaceport improvement program. (5) Recommendations for the apportionment of funds to spaceports, including minimums, maximums, and prioritization of the distribution of such funds. (6) Recommended modifications to the national plan for spaceports under section 80105 of title 51, United States Code, as added by section 3, to incorporate such spaceport improvement program. (c) Form The report under subsection (a) shall be— (1) submitted in an unclassified form; and (2) posted on a publicly available website of the Department of Transportation. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the following: (A) The Committee on Transportation and Infrastructure of the House of Representatives. (B) The Committee on Commerce, Science, and Transportation of the Senate. (C) The Committee on Science, Space, and Technology of the House of Representatives. (D) The congressional defense committees. (2) Congressional defense committees The term congressional defense committees has the meaning given such term in section 101(a)(16) of title 10, United States Code.