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”.
Licensing Aerospace Units to New Commercial Heights Act of 2024
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.
Sec. 2 Streamlining regulations relating to commercial space launch and reentry requirements
Evaluation of implementation of part 450—
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.
Elements— The evaluation required by paragraph (1) shall include an assessment of—
whether increased uncertainty in the commercial spaceflight industry has resulted from the implementation of part 450;
whether part 450 has resulted in operational delays to emerging launch programs; and
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.
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—
the findings of the review;
recommendations for reducing delays and inefficiencies resulting from part 450 that do not rely solely on additional personnel or funding; and
an estimate for a timeline and funding for implementing the recommendations described in subparagraph (B).
Rulemaking committee—
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)—
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
to provide a long-term forum for the United States commercial spaceflight industry to share perspectives relating to regulations affecting the industry.
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.
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.
Modifications to requirements and procedures for license applications—
Consideration of safety rationales of license applicants— Section 50905(a)(2) of title 51, United States Code, is amended—
by striking “Secretary may” inserting the following: “Secretary—
“(A) may”
by striking the period at the end and inserting “; and”; and
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).”
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.”
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
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.”.
Facilitation of license applications and assistance to applicants—
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
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.”
Conforming amendment— Section 60122(b)(3) of title 51, United States Code, is amended by striking “section 60121(e)” and inserting “section 60121(f)”.
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—
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;
minimize the timelines for review of commercial remote sensing licensing applications; and
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
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.
Elements— The report required by subsection (a) shall include the following:
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.
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—
determining whether the costs to industry outweigh the benefits of conducting on-site ground station visits, and possible alternatives to ensuring compliance;
assessing the information in a license application that should be treated as a material fact and the justification for such treatment;
incorporating industry feedback into Department policies, regulations, and practices; and
increasing Department transparency by—
ensuring the wide dissemination of Department guidance;
providing clear application instructions; and
establishing written precedent of Department actions.