[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2569-S2570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 380. Mr. WICKER (for himself and Mrs. Hyde-Smith) submitted an 
amendment intended to be proposed by him

[[Page S2570]]

to the bill S. 2226, to authorize appropriations for fiscal year 2024 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XV, add the following

     SEC. 1510. APPLICATION OF TNT EQUIVALENCY TO LAUNCH VEHICLES 
                   AND COMPONENTS USING METHANE PROPELLANT.

       (a) Findings.--Congress finds the following:
       (1) The United States Government supports having a robust 
     space launch services market to support national security, 
     civil, and commercial space activities.
       (2) A majority of the new launch vehicles in development, 
     testing, and operation in the United States utilize methane 
     and liquid oxygen as their propellants (LOX/LNG or methalox).
       (3) The United States Government has access to data and 
     scientific modeling methods that support a TNT equivalency 
     for methalox that is less than the default 100 percent TNT 
     equivalency that is applied when no scientific data exists to 
     characterize the explosive yield.
       (4) The United States Government is not consistently 
     applying data that supports a TNT equivalency of 25 percent 
     at United States Government owned or licensed facilities.
       (5) The United States Government has initiated a LOX-
     Methane Assessment (LMA) working group, however, the working 
     group's methodology is not grounded in launch vehicle designs 
     or test and launch operations. Further, the working group's 
     efforts are expected to take no less than 3 years to complete 
     and cost the United States taxpayer no less than $80,000,000. 
     United States launch operators are incurring significant cost 
     and diminished opportunities to operate as a result of the 
     United States Government's inconsistent policy on methalox.
       (6) The People's Republic of China is already launching 
     orbital launch vehicles that utilize liquid oxygen and 
     methane.
       (b) Interim Equivalency Determination.--Effective on the 
     date of the enactment of this Act, the interim determination 
     of TNT equivalency applied to launch vehicles and components 
     of such vehicles using methane as propellant shall not exceed 
     25 percent for purposes of the explosive siting and hazardous 
     operations for test and operations of such launch vehicles 
     and their components on or from any facility owned or 
     licensed by the Federal Government.
       (c) Improved Process for Yield Determinations.--Not later 
     than one year after the date of the enactment of this Act, 
     the Secretary of Defense, the Secretary of Transportation, 
     and the Administrator of the National Aeronautics and Space 
     Administration shall establish a process through which 
     scientifically valid TNT equivalency determinations can be 
     assessed for launch vehicles while in flight.
       (d) Certification and Report.--Not later than 90 days after 
     the completion of the joint assessment process conducted by 
     the LOX-Methane Assessment working group, the Secretary of 
     Defense, the Secretary of Transportation, and the 
     Administrator of the National Aeronautics and Space 
     Administration shall submit to the appropriate congressional 
     committees--
       (1) a certification verifying that the Secretaries and the 
     Administrator reviewed the results of such joint assessment 
     process and have agreed upon a new TNT equivalency 
     determination that will be applied by the Federal Government 
     to launch vehicles and components of such vehicles using 
     methane as propellant; and
       (2) a report describing how the implementation of that new 
     TNT equivalency determination is expected to affect 
     commercial space launch activities and national security.
       (e) Sunset.--Subsection (b) shall have no force or effect 
     after the expiration of the period of 180 days following the 
     submittal of the certification and report required under 
     subsection (d).
       (f) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the following:
       (A) The congressional defense committees.
       (B) The Committee on Commerce, Science, and Transportation 
     of the Senate.
       (C) The Committee on Science, Space, and Technology of the 
     House of Representatives.
       (D) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (2) Launch vehicle.--The term ``launch vehicle'' has the 
     meaning given that term in section 50902 of title 51, United 
     States Code.
       (3) LOX-methane assessment working group.--The term ``LOX-
     Methane Assessment working group'' means the interagency 
     working group that--
       (A) is comprised of representatives from the Department of 
     Defense, the Department of Transportation, and the National 
     Aeronautics and Space Administration; and
       (B) as of the date of the enactment of this Act, is 
     studying the explosive characteristics of liquid oxygen and 
     methane.
       (4) TNT equivalency.--The term ``TNT equivalency'' means a 
     unit of energy equivalent to the energy released during 
     detonation of trinitrotoluene (TNT).
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