SPACEPORT Act

II 118TH CONGRESS 1ST SESSION S. 1982 To amend chapter 511 of title 51, United States Code, to modify the authority for space transportation infrastructure modernization grants, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 14, 2023 Mr. HICKENLOOPER (for himself, Mr. CORNYN, Mr. LUJA´N, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend chapter 511 of title 51, United States Code, to modify the authority for space transportation infra- structure modernization 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 ‘‘Spaceport Project Op- 4 portunities for Resilient Transportation Act’’ or the 5 ‘‘SPACEPORT Act’’. 6 SEC. 2. SPACE LAUNCH INFRASTRUCTURE. 7 (a) MODIFICATION OF GRANT AUTHORITY.— 8 VerDate Sep 11 2014 05:51 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1982.IS S1982 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1982 IS (1) IN GENERAL.—Subsection (b) of section 1 51102 of title 51, United States Code, is amended 2 to read as follows: 3 ‘‘(b) LIMITATIONS.— 4 ‘‘(1) IN GENERAL.—The Secretary may make a 5 project grant under this chapter only if the grant 6 will not be for more than 90 percent of the total cost 7 of the project. 8 ‘‘(2) WAIVER.—The Secretary may waive the 9 application of paragraph (1) if the Secretary deter- 10 mines that such a waiver is in the national inter- 11 est.’’. 12 (b) ELIGIBILITY CRITERIA.—Section 51103 of title 13 51, United States Code, is amended— 14 (1) in subsection (b)— 15 (A) in paragraph (1)— 16 (i) in subparagraph (A), by striking 17 ‘‘the United States Government’s space 18 transportation needs’’ and inserting ‘‘the 19 civil, national security, and commercial 20 space transportation needs of the United 21 States’’; 22 (ii) in subparagraph (E), by striking 23 ‘‘contributions’’ and inserting ‘‘support’’; 24 and 25 VerDate Sep 11 2014 05:51 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1982.IS S1982 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1982 IS (iii) in subparagraph (F), by striking 1 the period at the end and inserting ‘‘, as 2 needed.’’; 3 (B) by striking paragraph (2) and insert- 4 ing the following: 5 ‘‘(2) The Secretary of Transportation shall develop 6 specific criteria for evaluating and selecting proposed 7 projects based on the considerations under paragraph 8 (1).’’; and 9 (C) by adding at the end the following: 10 ‘‘(3) The Secretary of Transportation shall consult 11 with the Secretary of Defense, the Administrator of the 12 National Aeronautics and Space Administration, the Sec- 13 retary of Commerce, and the heads of other appropriate 14 agencies of the Government with respect to subparagraphs 15 (A) and (F) of paragraph (1), as appropriate.’’; and 16 (2) by adding at the end the following: 17 ‘‘(e) FUNDING OF PROGRAM.—Activities carried out 18 under this section shall be funded only through appropria- 19 tions approved by Congress and not through user fees or 20 other funds.’’. 21 (c) REPORT.— 22 (1) IN GENERAL.—Not later than 2 years after 23 the date of the enactment of this Act, the Secretary 24 of Transportation, in consultation with the Secretary 25 VerDate Sep 11 2014 05:51 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1982.IS S1982 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1982 IS of Defense, the Administrator of the National Aero- 1 nautics and Space Administration, the Secretary of 2 Commerce, and the heads of other appropriate agen- 3 cies of the Government, shall submit to Congress a 4 report that— 5 (A) evaluates the demand for space trans- 6 portation services, including the civil, national 7 security, and commercial space transportation 8 needs of the United States and international 9 commercial markets; 10 (B) provides legislative, regulatory, and 11 policy recommendations to ensure robust and 12 resilient space transportation capabilities in 13 support of the national space policy; 14 (C) examines a range of long-term funding 15 options and related considerations for space 16 transportation infrastructure projects; and 17 (D) provides an assessment of inter- 18 national space transportation capabilities and 19 investments, including recommendations for 20 maintaining United States competitiveness and 21 developing an international space transportation 22 network. 23 VerDate Sep 11 2014 05:51 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1982.IS S1982 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1982 IS (2) UPDATES.—Not later than 6 years after the 1 date of the enactment of this Act, and every 4 years 2 thereafter, the Secretary of Transportation shall— 3 (A) update the report submitted under 4 paragraph (1); and 5 (B) submit such updated report to Con- 6 gress. 7 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 8 51105 of title 51, United States Code, is amended by 9 striking ‘‘Not more than’’ and all that follows through the 10 period at the end and inserting ‘‘There is authorized to 11 be appropriated to the Secretary of Transportation for 12 each fiscal year not more than $10,000,000 to make 13 grants under this chapter.’’. 14 (e) TECHNICAL AMENDMENTS.— 15 (1) CHAPTER HEADING.—The heading of chap- 16 ter 511 of title 51, United States Code, is amended 17 to read as follows: 18 ‘‘CHAPTER 511—SPACE TRANSPORTATION 19 INFRASTRUCTURE MODERNIZATION 20 GRANTS’’. 21 (2) TABLE OF CHAPTERS.—The table of chap- 22 ters at the beginning of title 51, United States Code, 23 is amended by striking the item relating to chapter 24 511 and inserting the following: 25 VerDate Sep 11 2014 05:51 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1982.IS S1982 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1982 IS ‘‘511. Space Transportation Infrastructure Moderniza- tion Grants ...............................................................51101’’. Æ VerDate Sep 11 2014 05:51 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1982.IS S1982 pbinns on DSKJLVW7X2PROD with $$_JOB