21st Century Aerospace Infrastructure Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7313 To amend title 49, United States Code, to establish a pilot program for intermodal transportation infrastructure grants, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 24, 2020 Mr. GRAVES of Louisiana introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘21st Century Aero- 4 space Infrastructure Act of 2020’’. 5 SEC. 2. INTERMODAL TRANSPORTATION INFRASTRUCTURE 6 IMPROVEMENT PILOT PROGRAM. 7 (a) IN GENERAL.—Section 47115 of title 49, United 8 States Code, is amended by adding at the end the fol- 9 lowing: 10 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7313 IH ‘‘(l) INTERMODAL TRANSPORTATION INFRASTRUC- 1 TURE IMPROVEMENT PILOT PROGRAM.— 2 ‘‘(1) IN GENERAL.—The Secretary shall estab- 3 lish a pilot program to issue transportation infra- 4 structure grants to operators of launch sites for the 5 construction, repair, or maintenance of infrastruc- 6 ture and facilities at such sites. 7 ‘‘(2) PILOT PROGRAM APPLICATION RE- 8 QUIRED.—In order to participate in the pilot pro- 9 gram established under paragraph (1), an operator 10 shall submit an application to the Secretary in such 11 form, at such time, and containing such information 12 as prescribed by the Secretary. 13 ‘‘(3) PILOT PROGRAM QUALIFICATIONS.—The 14 Secretary may only accept an operator into the pilot 15 program established under paragraph (1) and issue 16 a grant under this subsection to such operator if the 17 operator— 18 ‘‘(A) has submitted a complete and timely 19 application under paragraph (2); 20 ‘‘(B) certifies to the Secretary that the 21 grant will be used for an eligible purpose under 22 paragraph (4); and 23 ‘‘(C) agrees to maintain such records relat- 24 ing to the grant as the Secretary may require 25 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7313 IH and to make such records available to the Sec- 1 retary or the Comptroller General of the United 2 States upon request. 3 ‘‘(4) PERMITTED USE OF PILOT PROGRAM 4 GRANTS.—An operator may use a grant provided 5 under this subsection for the construction, repair, or 6 improvement of infrastructure and facilities that— 7 ‘‘(A) are located at, or adjacent to, a 8 launch site; and 9 ‘‘(B) directly enable or support transpor- 10 tation safety or covered transportation activi- 11 ties. 12 ‘‘(5) AUTHORITY TO ENTER INTO AGREE- 13 MENTS.—The Secretary may enter into agreements 14 to provide grants under this subsection. 15 ‘‘(6) PILOT PROGRAM GRANTS.— 16 ‘‘(A) GRANT FORMULA.—At the beginning 17 of each fiscal year after fiscal year 2020, the 18 Secretary shall issue a grant to any operator in 19 the pilot program established under paragraph 20 (1) an amount equal to the sum of— 21 ‘‘(i) $250,000 for each licensed launch 22 operation conducted from the applicable 23 launch site or at any adjacent Federal 24 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7313 IH launch range in the previous fiscal year; 1 and 2 ‘‘(ii) $100,000 for each permitted 3 launch operation conducted from the appli- 4 cable launch site or at any adjacent Fed- 5 eral launch range in the previous fiscal 6 year. 7 ‘‘(B) MAXIMUM GRANT.—Except as pro- 8 vided in paragraph (7)(D), a grant issued to an 9 operator under this subsection shall not exceed 10 $2,500,000 for a fiscal year. 11 ‘‘(C) ADJACENCY.— 12 ‘‘(i) IN GENERAL.—In issuing a grant 13 to an operator under subparagraph (A), 14 the Secretary shall determine whether a 15 launch site is adjacent to a Federal launch 16 site. 17 ‘‘(ii) LIMITATION.—Only 1 operator 18 may receive an amount under subpara- 19 graph (A) for each licensed or permitted 20 launch operation described in such sub- 21 paragraph. 22 ‘‘(iii) MULTIPLE LAUNCH SITES OPER- 23 ATED BY 1 OPERATOR.—If an operator 24 holds a license to operate more than 1 25 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7313 IH launch site that is adjacent to a Federal 1 launch range, the Secretary shall consider 2 such launch sites as 1 launch site for pur- 3 poses of subparagraph (A). 4 ‘‘(7) SUPPLEMENTAL GRANTS IN SUPPORT OF 5 STATE, LOCAL, OR PRIVATE MATCHING.—The Sec- 6 retary may issue a supplemental grant from the 7 funds authorized to carry out this subsection to an 8 operator, subject to the following conditions: 9 ‘‘(A) DOLLAR-FOR-DOLLAR MATCHING.—If 10 a qualified entity provides an operator an 11 amount equal to or greater than the amount of 12 a grant provided in a fiscal year under para- 13 graph (6) (for the explicit purpose of matching 14 such grant), the Secretary may issue a supple- 15 mental grant to the operator that is equal to 25 16 percent of such grant in the following fiscal 17 year. 18 ‘‘(B) ADDITIONAL NON-FEDERAL MATCH- 19 ING.—If a qualified entity provides an operator 20 an amount equal to or greater than two times 21 the amount of a grant provided in a fiscal year 22 to the operator under paragraph (6) (for the 23 explicit purpose of matching such grant), the 24 Secretary may issue a supplemental grant to 25 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7313 IH the operator that is equal to 50 percent of such 1 grant in the following fiscal year. 2 ‘‘(C) SUPPLEMENTAL GRANT LIMITA- 3 TIONS.—The following limitations shall apply to 4 supplemental grants issued to an operator pur- 5 suant to this paragraph: 6 ‘‘(i) MATCH TIMING.—The Secretary 7 may issue a supplemental grant under sub- 8 paragraph (A) or (B) only if an amount 9 provided by a qualified entity is provided 10 to the operator in the same fiscal year as 11 the grant issued under paragraph (6). 12 ‘‘(ii) NON-DUPLICATION OF MATCHING 13 GRANTS.—If the Secretary issues a supple- 14 mental grant to the operator of a launch 15 site under subparagraph (B), the Secretary 16 may not issue a supplemental grant under 17 subparagraph (A) to the same operator in 18 the same fiscal year. 19 ‘‘(D) NON-APPLICATION OF GRANT CEIL- 20 ING.—The limitation on a grant amount under 21 paragraph (6)(B) shall not apply to supple- 22 mental grants issued under this paragraph. 23 ‘‘(8) PROGRAM ADMINISTRATION.— 24 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7313 IH ‘‘(A) AWARD TIMING.—Amounts des- 1 ignated to carry out this section that are not 2 obligated for grants under paragraphs (6) or 3 (7) by July 1 of the fiscal year in which the 4 amounts were made available shall be made 5 available for projects in accordance with sub- 6 section (j). 7 ‘‘(B) GRANT ASSURANCE APPLICA- 8 BILITY.—Except as provided in subparagraph 9 (C), a grant issued under this subsection shall 10 not be subject to the conditions of sections 11 47106 or 47107, including any regulations pre- 12 scribed thereunder, or any other conditions as- 13 sociated with grants made under this sub- 14 chapter pursuant to the Secretary’s authority 15 under chapters 471 or 475. 16 ‘‘(C) COMBINATION WITH OTHER FEDERAL 17 FUNDS.—If an operator combines amounts re- 18 ceived under this subsection with Federal funds 19 from any other source (including funds received 20 under chapter 471 and 475), the applicable 21 statutory or regulatory requirements associated 22 with such funds shall apply to the total project 23 being funded and to the funds provided under 24 this subsection. 25 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7313 IH ‘‘(9) FUNDING.— 1 ‘‘(A) PILOT PROGRAM GRANT FUNDS.— 2 The grants issued under this subsection shall be 3 issued from funds made available under sub- 4 section (j)(4). 5 ‘‘(B) MAXIMUM ANNUAL LIMIT ON PILOT 6 PROGRAM.— 7 ‘‘(i) IN GENERAL.—The total amount 8 of all grants issued under this subsection 9 shall not exceed $20,000,000 in any fiscal 10 year. 11 ‘‘(ii) GRANT REDUCTION.—In car- 12 rying out clause (i), the Secretary— 13 ‘‘(I) may proportionally reduce 14 the amount of, or decline to issue, a 15 supplemental grant under paragraph 16 (7); and 17 ‘‘(II) if the reduction under sub- 18 clause (I) is insufficient, shall propor- 19 tionally reduce grants issued under 20 paragraph (6). 21 ‘‘(10) DEFINITIONS.—In this subsection, the 22 following definitions apply: 23 ‘‘(A) COVERED TRANSPORTATION ACTIV- 24 ITY.—The term ‘covered transportation activity’ 25 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7313 IH means the movement of people or property to, 1 from, or within a launch site to any other loca- 2 tion and the necessary or incidental activities 3 associated with such movement, including 4 through use of— 5 ‘‘(i) a vehicle; 6 ‘‘(ii) a vessel; 7 ‘‘(iii) an aircraft (as defined in section 8 40102); 9 ‘‘(iv) a railroad (as defined in section 10 20102); 11 ‘‘(v) a pipeline facility (as defined in 12 section 60101); or 13 ‘‘(vi) a launch vehicle. 14 ‘‘(B) LAUNCH; LAUNCH SITE; LAUNCH VE- 15 HICLE.—The terms ‘launch’, ‘launch site’, and 16 ‘launch vehicle’ have the meanings given those 17 terms in section 50902 of title 51. 18 ‘‘(C) OPERATOR.—The term ‘operator’ 19 means a person licensed by the Secretary to op- 20 erate a launch site. 21 ‘‘(D) QUALIFIED ENTITY.—The term 22 ‘qualified entity’ means a State, local, or tribal 23 government or private sector entity, or any 24 combination thereof. 25 VerDate Sep 11 2014 22:43 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7313.IH H7313 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7313 IH ‘‘(11) PILOT PROGRAM SUNSET.—This sub- 1 section shall cease to be effective on October 1, 2 2023.’’. 3 (b) CONFORMING AMENDMENT.—Section 4 47115(j)(4) of title 49, United States Code, is amended 5 by inserting ‘‘and subsection (l)’’ after ‘‘this subsection’’. 6 Æ VerDate Sep 11 2014 22:43 Jul 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