[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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