OUTPACE in Space Act
- Bill Number
- H.R. 8198
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Science, Technology, Communications
- Status
- Introduced
- Latest Action
- 2026-04-06: Referred to the House Committee on Science, Space, and Technology.
- Last Updated
- 2026-04-17T18:56:31Z
AI-Generated Summary
Purpose
The "Optimizing United States Technology to Preempt Adversarial Communist Expansion in Space Act" (OUTPACE in Space Act), H.R. 8198, aims to amend title 51 of the U.S. Code to boost U.S. commercial space operations, including launches, reentries, and hypersonic activities, by easing regulations, improving airspace access, enabling faster hiring, and restricting research collaborations with certain foreign entities.
Key Provisions
- Sense of Congress (Sec. 2(a)): Affirms the importance of commercial space and hypersonic industries for U.S. competitiveness, urging the Federal Aviation Administration (FAA) to balance airspace access with safety.
- FAA Briefing (Sec. 2(b)): Requires FAA, with input from the Secretary of Defense, to brief Congress within 60 days on plans for airspace needs, air traffic operations, and implementing a 2024 law on space operations; includes resource estimates and legislative recommendations.
- Reentry Vehicle Risk Waiver and Rulemaking (Sec. 2(c)):
- Immediate blanket waiver of a specific FAA regulation (14 CFR 450.101(c)) on "conditional expected casualty" (a risk metric for public safety during reentries) until a final rule is issued.
- Mandated timelines: Advance notice (3 months), proposed rule (6 months), final rule (1 year) to update regulations supporting overland launches/reentries.
- Regulatory Updates (Sec. 2(c)(2)): FAA must start process within 30 days to revise rules for overland operations.
- High Cadence Operations (Sec. 2(d)): Secretary of Transportation to use performance-based standards (flexible, results-focused rules vs. rigid ones) and issue advisory circulars within 90 days for frequent launches/reentries.
- Airspace Access (Sec. 2(e)): Prioritize integration of commercial space ops; report to Congress within 90 days on actions, resources, and projected increase in annual launches/reentries.
- Expedited Hiring (Sec. 2(f)): FAA can hire aerospace experts for its Office of Commercial Space Transportation within 30 days, bypassing competitive civil service rules; requires briefings and public vacancy reporting.
- Research Security (Sec. 3): Prohibits Secretaries of Commerce and Transportation from research/development on commercial space with "entities of concern," "foreign business entities," or "foreign countries of concern" (defined by cross-references to existing laws, typically targeting China and similar nations).
Significant Changes to Existing Law
- Immediate Regulatory Relief: Blanket waiver of reentry risk rules (14 CFR 450.101(c), etc.) until new rules are finalized, enabling quicker overland operations.
- Accelerated Timelines: Strict deadlines for FAA rulemaking, advisory circulars, briefings, and reports (30–365 days).
- Hiring Flexibility: Bypasses standard federal hiring processes ("notwithstanding any other provision of law").
- New Restrictions: Bans specific research collaborations, expanding security reviews on foreign ties.
Potential Impacts
- Government Agencies: FAA and Department of Transportation (DOT) face tight deadlines, resource demands, and hiring boosts; may need more funding for airspace tech/upgrades.
- Citizens and Industry: Commercial space firms (e.g., launch providers) gain easier access to airspace and overland sites, potentially increasing launch frequency (from current baselines); supports job growth in space/hypersonics but maintains safety focus.
- International Relations: Limits U.S. research ties with adversarial nations, aiming to protect technology but possibly straining global partnerships.
Main Stakeholders
- Government: FAA (Office of Commercial Space Transportation), DOT, Secretary of Defense, Departments of Commerce.
- Industry: U.S. commercial space companies, hypersonic developers.
- Congress: House Committee on Science, Space, and Technology; Senate Committee on Commerce, Science, and Transportation.
- Researchers/Academia: Affected by foreign collaboration bans.
Notable Legal, Constitutional, or Political Implications
- Legal: Leverages FAA/DOT authority under title 51; mandates rule changes that could face industry lawsuits if safety is questioned.
- Constitutional: Expedited hiring skips civil service protections (e.g., exams, public notice), justified by national interest but potentially challengeable as favoring specialists.
- Political: Emphasizes U.S. competitiveness against "adversarial" (implied foreign) expansion; research bans align with broader national security policies.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-04-06: Referred to the House Committee on Science, Space, and Technology.
- 2026-04-06: Introduced in House
- 2026-04-06: Introduced in House
Bill Versions
- Optimizing United States Technology to Preempt Adversarial Communist Expansion in Space Act — issued 2026-04-06 — PDF (8 pages)