[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4506-S4507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2238. Mr. CORNYN (for himself, Mr. Lujan, Mr. Scott of Florida,
and Mr. Rubio) submitted an amendment intended to be proposed by him to
the bill S. 4638, to authorize appropriations for fiscal year 2025 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 title XV, add the following:
Subtitle E--Licensing Aerospace Units to New Commercial Heights Act of
2024
SEC. 1549. SHORT TITLE.
This subtitle may be cited as the ``Licensing Aerospace
Units to New Commercial Heights Act of 2024'' or the ``LAUNCH
Act''.
SEC. 1550. 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 subtitle 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
[[Page S4507]]
``(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. 1551. 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. 1552. 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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