[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5406-S5407]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3092. Mr. CORNYN 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

[[Page S5407]]

     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. 1551. DIRECT HIRE FOR OFFICE OF COMMERCIAL SPACE 
                   TRANSPORTATION.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall use direct hire authorities [(as such 
     authorities existed on the day before the date of the 
     enactment of this Act)] [SLC Note: Could you let me know what 
     your intent is with this phrase? Are such authorities being 
     amended by some provision of the NDAA such that you are 
     intending to create a savings provision? Or is this language 
     from some other source that does that, and I should delete 
     the bracketed phrase?] to hire individuals on a 
     noncompetitive basis for positions related to space launch 
     and reentry licensing and permit activities.
       (b) Annual Report.--Not less frequently than annually, the 
     Administrator of the Federal Aviation Administration 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 an 
     annual report on the use of direct hiring authorities to fill 
     such positions within the Federal Aviation Administration 
     related to commercial space launch and reentry [licensing and 
     permit activities].

     SEC. 1552. FLIGHT SAFETY ANALYSIS WORKFORCE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) flight safety analysis is critical to maintaining a 
     high level of public safety for commercial space launches 
     from, and reentries to, Federal ranges;
       (2) significant expertise in flight safety analysis exists 
     within the Department of Defense, the Department of 
     Transportation, and the National Aeronautics and Space 
     Administration; and
       (3) the increasing pace of commercial launch and reentries 
     requires greater cooperation among the Secretary of Defense, 
     the Secretary, and the Administrator of the National 
     Aeronautics and Space Administration to support commercial 
     launch and reentry activities at Federal ranges.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Defense and the Administrator of the 
     National Aeronautics and Space Administration, shall submit 
     to the appropriate committees of Congress a report that 
     identifies roles, responsibilities, expertise, and knowledge 
     that exists within the executive branch of the Federal 
     Government relating to analysis of flight safety systems for 
     space launch and reentry activities.
       (c) Memorandum of Understanding.--Upon completion of the 
     report required by subsection (b), the Secretary may enter 
     into memorandum of understanding with the Secretary of 
     Defense and the Administrator of the National Aeronautics and 
     Space Administration to allow Federal range personnel to 
     support flight safety analysis required for the licensing of 
     commercial space launch and reentry activities.

     SEC. 1553. 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 determined by the Secretary in 
     writing to be 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 the operator's 
     spacecraft or the safety of the operator's space operations, 
     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. 1554. 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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