[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3966 Introduced in Senate (IS)]

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118th CONGRESS
  2nd Session
                                S. 3966

  To streamline the application of regulations relating to commercial 
 space launch and reentry requirements and licensing of private remote 
             sensing space systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2024

 Mr. Cornyn (for himself, Mr. Lujan, Mr. Kelly, Mr. Rubio, Ms. Sinema, 
and Mr. Scott of Florida) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
  To streamline the application of regulations relating to commercial 
 space launch and reentry requirements and licensing of private remote 
             sensing space systems, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Licensing Aerospace Units to New 
Commercial Heights Act of 2024'' or the ``LAUNCH Act''.

SEC. 2. STREAMLINING REGULATIONS RELATING TO COMMERCIAL SPACE LAUNCH 
              AND REENTRY REQUIREMENTS.

    (a) Evaluation of Implementation of Part 450.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Transportation 
        (referred to in this Act as the ``Secretary'') shall evaluate 
        the implementation of part 450 of title 14, Code of Federal 
        Regulations (in this section referred to as ``part 450'') and 
        the impacts of part 450 on the commercial spaceflight industry.
            (2) Elements.--The evaluation required by paragraph (1) 
        shall include an assessment of--
                    (A) whether increased uncertainty in the commercial 
                spaceflight industry has resulted from the 
                implementation of part 450;
                    (B) whether part 450 has resulted in operational 
                delays to emerging launch programs; and
                    (C) whether timelines for reviews have changed, 
                including an assessment of the impact of the 
                incremental review process on those timelines and the 
                root cause for multiple reviews, if applicable.
            (3) Report required.--Not later than 90 days after 
        completing the review required by paragraph (1), the Secretary 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science, 
        Space, and Technology of the House of Representatives a report 
        that includes--
                    (A) the findings of the review;
                    (B) recommendations for reducing delays and 
                inefficiencies resulting from part 450 that do not rely 
                solely on additional personnel or funding; and
                    (C) an estimate for a timeline and funding for 
                implementing the recommendations described in 
                subparagraph (B).
    (b) Rulemaking Committee.--
            (1) In general.--The Secretary shall consider establishing 
        a Space Transportation Rulemaking Committee, comprised of 
        established and emerging United States commercial space launch 
        and reentry services providers (including providers that hold, 
        and providers that have applied for but not yet received, 
        licenses issued under chapter 509 of title 51, United States 
        Code)--
                    (A) to facilitate industry participation in 
                developing recommendations for amendments to part 450 
                to address the challenges identified in conducting the 
                review required by subsection (a) or under paragraph 
                (2) of section 50905(d) of title 51, United States Code 
                (as added by subsection (d)(3)); and
                    (B) to provide a long-term forum for the United 
                States commercial spaceflight industry to share 
                perspectives relating to regulations affecting the 
                industry.
            (2) Prevention of duplicative efforts.--The Secretary shall 
        ensure that a Space Transportation Rulemaking Committee 
        established under this subsection does not provide services or 
        make efforts that are duplicative of the services provided and 
        efforts made by the Commercial Space Transportation Advisory 
        Committee.
    (c) Encouragement of Innovation.--The Secretary shall, on an 
ongoing basis, determine whether any requirements for a license issued 
under chapter 509 of title 51, United States Code, can be modified or 
eliminated to encourage innovative new technologies and operations.
    (d) Modifications to Requirements and Procedures for License 
Applications.--
            (1) Consideration of safety rationales of license 
        applicants.--Section 50905(a)(2) of title 51, United States 
        Code, is amended--
                    (A) by striking ``Secretary may'' inserting the 
                following: ``Secretary--
            ``(A) may'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(B) shall accept a reasonable safety rationale proposed 
        by an applicant for a license under this chapter, including new 
        approaches, consistent with paragraph (1).''.
            (2) Facilitation of license applications and assistance to 
        applicants.--Section 50905(a) of title 51, United States Code, 
        is amended by adding at the end the following:
            ``(3) In carrying out paragraph (1), the Secretary shall 
        assign a licensing team lead to each applicant for a license 
        under this chapter to assist the applicant in streamlining the 
        process for reviewing and approving the license application.''.
            (3) Streamlining of review processes.--Section 50905(d) of 
        title 51, United States Code, is amended by striking the end 
        period and inserting the following: ``, including by--
            ``(1) adjudicating determinations with respect to such 
        applications and revisions to such determinations in a timely 
        manner as part of the incremental review process under section 
        450.33 of title 14, Code of Federal Regulations (or a successor 
        regulation); and
            ``(2) eliminating and streamlining duplicative review 
        processes with other agencies, particularly relating to the use 
        of Federal ranges or requirements to use the assets of Federal 
        ranges.''.

SEC. 3. STREAMLINING LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS.

    (a) Clarification of Remote Sensing Regulatory Authority Over 
Certain Imaging Systems.--Section 60121(a)(2) of title 51, United 
States Code, is amended by adding at the end the following: 
``Instruments used primarily for mission assurance or other technical 
purposes shall not be considered to be conducting remote sensing. 
Instruments used primarily for mission assurance or other technical 
purposes are instruments used to support the health of the launch 
vehicle or spacecraft of the operator or the safety of the space 
operations of the operator, including instruments used to support on-
board self-monitoring for technical assurance, flight reliability, 
spaceflight safety, navigation, attitude control, separation events, 
payload deployments, or instruments collecting self-images.''.
    (b) Facilitation of License Applications and Assistance to 
Applicants.--
            (1) In general.--Section 60121 of title 51, United States 
        Code, is amended--
                    (A) by redesignating subsections (d) and (e) as 
                subsections (e) and (f), respectively; and
                    (B) by inserting after subsection (c) the 
                following:
    ``(d) Assignment of Dedicated Licensing Officer.--The Secretary 
shall assign a licensing officer to oversee the application of the 
applicant for a license under subsection (a). The licensing officer 
shall assist the applicant by facilitating the application process, 
minimizing license conditions, and expediting the review and approval 
of the application, to the extent authorized by law.''.
            (2) Conforming amendment.--Section 60122(b)(3) of title 51, 
        United States Code, is amended by striking ``section 60121(e)'' 
        and inserting ``section 60121(f)''.
    (c) Transparency and Expeditious Review of Licenses.--In carrying 
out the authorities under subchapter III of chapter 601 of title 51, 
United States Code, the Secretary shall--
            (1) provide transparency to and engagement with applicants 
        throughout the licensing process, including by stating with 
        specificity to the applicant or licensee what basis caused the 
        tiering determination of the license;
            (2) minimize the timelines for review of commercial remote 
        sensing licensing applications; and
            (3) not less frequently than annually, reevaluate the 
        criteria for the tiering of satellite systems, with a goal of 
        expeditiously recategorizing Tier 3 systems to a lower tier 
        without temporary license conditions.

SEC. 4. GAO REPORT.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Science, Space, and Technology of 
the House of Representatives a report on the policies, regulations, and 
practices of the Department of Commerce (referred to in this section as 
the ``Department'') with respect to the private remote sensing space 
industry.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of the extent to which such licensing 
        policies, regulations, and practices of the Department promote 
        or inhibit a robust domestic private remote sensing industry, 
        including any restrictions that impede innovative remote 
        sensing capabilities.
            (2) Recommendations on changes to policies, regulations, 
        and practices for consideration by the Secretary of Commerce to 
        promote United States industry leadership in private remote 
        sensing capabilities, including recommendations for--
                    (A) determining whether the costs to industry 
                outweigh the benefits of conducting on-site ground 
                station visits, and possible alternatives to ensuring 
                compliance;
                    (B) assessing the information in a license 
                application that should be treated as a material fact 
                and the justification for such treatment;
                    (C) incorporating industry feedback into Department 
                policies, regulations, and practices; and
                    (D) increasing Department transparency by--
                            (i) ensuring the wide dissemination of 
                        Department guidance;
                            (ii) providing clear application 
                        instructions; and
                            (iii) establishing written precedent of 
                        Department actions.
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