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Code · BILL · 117th Congress · H.R. 7900 (Engrossed in House) — To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and for militar... · Sec. 5304

Sec. 5304. Pilot program for spaceflight recovery operations at sea

895 words·~4 min read·/bill/117/hr/7900/eh/section-5304·

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It is the sense of Congress that— the United States has the most advanced commercial space industry in the world; the United States domestic space sector creates jobs, demonstrates American global technological leadership, and is critical to the national defense; and the reliable, safe, and secure at-sea recovery of spaceflight components is necessary to sustain and further develop the commercial space enterprise, which is of vital importance to the national and economic security of the United States.
Not later than 30 days after the date of enactment of this Act, the Secretary shall establish and conduct a pilot program to oversee the operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels or platforms by eligible entities to— better understand the complexities of such operation and monitoring and potential risks to navigation safety and maritime workers; gather observational and performance data from monitoring the use of remotely-controlled or unmanned spaceflight recovery vessels and platforms; and assess and evaluate regulatory alternatives to guide the development of routine operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels and platforms.
In conducting the pilot program established under this section, the Secretary shall— ensure that authority provided under this section is necessary to ensure the life and safety of licensed and unlicensed maritime workers and other non-vessel operating personnel involved during operations regulated under this section; and consider experience and knowledge gained pursuant to implementation of the pilot program authorized under section 8343 of the Elijah E. Cummings Coast Guard Authorization Act of 2020 ( 46 U.S.C. 70034 note).
In conducting the pilot program under this section, the Secretary may allow an eligible entity to— carry out remote over-the-horizon monitoring operations related to the active recovery of spaceflight components at sea on a remotely-controlled or unmanned spaceflight recovery vessel or platform; develop procedures for the operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels or platforms; carry out unmanned spaceflight recovery vessel transits and testing operations without a physical tow line; and carry out any other activities the Secretary determines to be in the interest of furthering the development of operations to recover spaceflight components at sea, including the use of remotely-controlled or unmanned vessels specifically designed, built, and used for domestic spaceflight recovery operations.
In conducting the pilot program under this section, the Secretary may not allow an eligible entity to operate a remotely-controlled or unmanned spaceflight recovery vessel without a physical tow line within 12 nautical miles of a port. In recognition of potential risks to navigation safety and unique circumstances requiring the use of remotely operated or unmanned spaceflight recovery vessels or platforms for recovery of spaceflight components at sea, and in carrying out the pilot program under this section, the Secretary is authorized to— allow such recovery operations to proceed consistent with the authorities of the Secretary under navigation and manning laws and regulations; and modify applicable regulations and guidance as the Secretary considers appropriate to— allow the recovery of spaceflight components at sea to occur while ensuring navigation safety in recovery areas; and ensure the reliable, safe, and secure operation of remotely controlled or unmanned spaceflight recovery vessels and platforms.
The pilot program established under this section shall terminate on the day that is 5 years after the date on which the pilot program is established. During the covered period, and except as provided in paragraph (2), the Secretary may not propose, issue, or implement a rule regarding the integration of automated and autonomous commercial vessels and vessel technologies, including artificial intelligence, into the United States maritime transportation system. The prohibition authorized under paragraph
(1)shall not apply to a rule that is— related to activities carried out under this section; and initiated due to a matter of national security, an emergency, or to prevent the imminent loss of life and property at sea. In this subsection, the term covered period means the period beginning on the date of enactment of this Act and ending on the later of— the date on which the International Maritime Organization adopts a regulatory regime including international standards to govern the use and operation of automated and autonomous commercial vessels and vessel technologies for commercial waterborne transportation; or the date on which the pilot program terminates under subsection (e). Upon the request of the Committee on Transportation and Infrastructure of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate, the Commandant of the Coast Guard shall brief either such committee on the pilot program established under this section. Not later than 180 days after the termination of the pilot program under subsection (e), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a final report describing the execution of such pilot program and recommendations for maintaining navigation safety and the safety of maritime workers in spaceflight recovery areas. Nothing in this section may be construed to authorize the employment in the coastwise trade of a vessel or platform that does not meet the requirements of sections 12112, 55102, 55103, or 55111 of title 46, United States Code. In this section: The term eligible entity means any company engaged in the recovery of spaceflight components at sea. The term Secretary means the Secretary of the department in which the Coast Guard is operating.
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Sec. 5304
Pilot program for spaceflight recovery operations at sea
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