,,ii #aaith ,,congress #ast ,session ,s4 #aifa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjbe,mr4 ,cornyn 7for himself1 ,mr4 ,lujn1 ,mr4 ,scott of ,florida1 and ,mr4 ,kelly7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,licensing ,aerospace ,units to ,new ,commercial ,heights ,act or the ,,launch ,act4 #b4 ,streamlining regulations relating to commercial space launch and reentry requirements 7a7 ,evaluation of implementation of part #dej 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,transportation 7referred to in this ,act as the ,secretary7 shall evaluate the implementation of part #dej of title #ad1 ,code of ,federal ,regulations 7in this section referred to as part #dej7 and the impacts of part #dej on the commercial spaceflight industry4 7#b7 ,elements ,the evaluation required by paragraph 7#a7 shall include an assessment of-- 7,a7 whether increased uncertainty in the commercial spaceflight industry has resulted from the implementation of part #dej2 7,b7 whether part #dej has resulted in operational delays to launch2 and 7,c7 whether timelines for reviews have changed1 including an assessment of the impact of the incremental review process on those timelines and the root cause for multiple reviews1 if applicable4 7#c7 ,report required ,not later than #ij days after completing the review required by paragraph 7#a71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that includes-- 7,a7 the findings of the review2 7,b7 recommendations for reducing delays and inefficiencies resulting from part #dej that do not rely solely on additional personnel or funding2 and 7,c7 an estimate for a timeline and funding for implementing the recommendations described in subparagraph 7,b74 7b7 ,rulemaking committee 7#a7 ,in general ,the ,secretary shall continue to support an ,aerospace ,rulemaking ,committee for the commercial space transportation industry1 comprised of established and emerging ,united ,states commercial space launch and reentry services providers 7including providers that hold1 and providers that have applied for but not yet received1 licenses issued under chapter #eji of title #ea1 ,united ,states ,code7-- 7,a7 to facilitate industry participation in developing recommendations for amendments to part #dej to address the challenges identified in conducting the review required by subsection 7a7 or under paragraph 7#b7 of section #ejije7;d7 of title #ea1 ,united ,states ,code 7as added by subsection 7d77#c772 and 7,b7 to provide a long-term forum for the ,united ,states commercial spaceflight industry to share perspectives relating to regulations affecting the industry4 7#b7 ,prevention of duplicative efforts ,the ,secretary shall ensure that an ,aerospace ,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 ,committee4 7c7 ,encouragement of innovation ,the ,secretary shall1 on an ongoing basis1 determine whether any requirements for a license issued under chapter #eji of title #ea1 ,united ,states ,code1 can be modified or eliminated to encourage innovative new technologies and operations4 7d7 ,modifications to requirements and procedures for license applications 7#a7 ,consideration of safety rationales of license applicants ,section #ejije7;a77#b7 of title #ea1 ,united ,states ,code1 is amended-- 7,a7 by striking ,secretary may inserting the following3 8,secretary-- 7,a7 may 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,b7 shall accept a reasonable safety rationale proposed by an applicant for a license under this chapter1 including new approaches1 consistent with paragraph 7#a74 4 7#b7 ,facilitation of license applications and assistance to applicants ,section #ejije7;a7 of title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,in carrying out paragraph 7#a71 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 application4 4 7#c7 ,streamlining of review processes ,section #ejije7;d7 of title #ea1 ,united ,states ,code1 is amended by striking the end period and inserting the following3 81 including by-- 7#a7 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 #dej4cc of title #ad1 ,code of ,federal ,regulations 7or a successor regulation72 and 7#b7 eliminating and streamlining duplicative review processes with other agencies1 particularly relating to the use of ,federal ranges or requirements to use the assets of ,federal ranges4 4 #c4 ,digital licensing1 permitting1 and approval system 7a7 ,in general ,section #ejije of title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,digital licensing1 permitting1 and approval system 7#a7 ,establishment 7,a7 ,in general ,subject to paragraph 7#d71 not later than #fj days after the date of the enactment of this subsection1 the ,secretary shall develop and maintain a digital licensing1 permitting1 and approval system-- 7i7 to accept1 track1 and provide relevant status information regarding each license or permit application under this chapter1 beginning with receipt of the initial application through final approval or denial of the application2 and 7ii7 to provide notifications to an applicant with respect to the status of such an application4 7,b7 ,elements ,the system required by subparagraph 7,a7 shall include1 at a minimum1 information on-- 7i7 the date on which an application was received by the ,secretary2 7ii7 each date on which the application was referred to any other agency of the ,federal ,government for review1 as applicable2 7iii7 each date on which additional information was requested from the applicant1 as applicable2 7iv7 the date on which the ,secretary notified the applicant of a final approval or denial of the application2 and 7v7 the overall rate of success of such system in meeting the timelines set forth in this section4 7#b7 ,public availability ,the ,secretary shall-- 7,a7 make the information maintained by the system required by paragraph 7#a7 available on a publicly accessible website of the ,department of ,transportation2 and 7,b7 ensure that such information is updated on such website not less frequently than quarterly4 7#c7 ,notification ,with respect to an application for a license or permit under this chapter1 the ,secretary shall provide through the digital licensing1 permitting1 and approval system developed under this subsection electronic notification to an applicant-- 7,a7 immediately on-- 7i7 receipt of a license or permit application2 7ii7 a determination under subsection 7f7 that an application received by the ,secretary is complete2 7iii7 initiation of application processing2 7iv7 transmission of the application1 in whole or part1 for interagency review1 as applicable1 and such notification shall include an identification of the #a or more agencies with which application information is shared2 and 7v7 approval or denial of the application2 and 7,b7 with respect to-- 7i7 any question proposed by the ,secretary to the applicant2 7ii7 responses provided to the ,secretary by any agency involved in interagency review1 as applicable2 and 7iii7 any other status update the ,secretary considers necessary4 7#d7 ,existing systems ,in carrying out paragraph 7#a71 the ,secretary shall utilize a commercially available system that can be used off-the-shelf4 7f7 ,complete application ,an application submitted under this section shall be considered complete if1 at the time of electronic submission1 the applicant has provided in standard digital format all information required under subsection 7b74 4 7b7 ,funding ,of the amounts made available for the ,federal ,aviation ,administration for ,commercial ,space ,transportation ,safety ,research and ,development for fiscal year #bjbe1 not more than #e1jjj1jjj may be made available to develop the digital licensing1 permitting1 and approval system described in section #ejije7;e7 of title #ea1 ,united ,states ,code4 #d4 ,annual briefing on government processing of commercial space launch and reentry licenses 7a7 ,requirement ,not later than ,march #ca each calendar year1 the ,secretary shall brief the appropriate committees of ,congress on the licensing and permitting process for space activities required by section #ejije of title #ea1 ,united ,states ,code4 7b7 ,elements ,the briefing required by subsection 7a7 shall include1 with respect to the preceding calendar year1 the following3 7#a7 ,the average number of days that elapsed between the date on which an application is submitted and the date on which an applicant receives final approval or denial of the application4 7#b7 ,the frequency and average duration of tolling against submitted applications4 7#c7 ,the number of applications reviewed that exceeded the statutorily provided review timelines4 7#d7 ,a description of efforts made by the ,secretary to streamline1 under section #ejije7;d7 of title #ea1 ,united ,states ,code1 the processes required for review of applications4 7#e7 ,a summary of the information generated by the digital licensing1 permitting1 and approval system established under section #ejije7;e7 of title #ea1 ,united ,states ,code1 including any additional information the ,secretary considers relevant with respect to the function or processes of such system4 7#f7 ,an assessment as to whether the application review process operates in a manner that encourages the global competitiveness of the commercial space industry of the ,united ,states4 7c7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,science1 ,space1 and ,technology1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on ,appropriations of the ,house of ,representatives4 #e4 ,direct hire for ,office of ,commercial ,space ,transportation 7a7 ,in general ,the ,secretary of ,transportation shall use direct hire authorities 7as such authorities existed on the day before the date of the enactment of this ,act7 to hire individuals on a noncompetitive basis for positions related to space launch and reentry licensing and permit activities4 7b7 ,annual report ,not less frequently than annually1 the ,secretary of ,transportation shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives an annual report on the use of direct hiring authorities to fill such positions within the ,commercial ,space ,transportation ,administration related to commercial space launch and reentry licensing and permit activities4 #f4 ,establishment of ,commercial ,space ,transportation ,administration 7a7 ,in general ,chapter #eji of title #ea1 ,united ,states ,code1 is amended by inserting after section #ejijb the following3 #ejijb;,a4 ,commercial ,space ,transportation ,administration 7a7 ,establishment ,there is established within the ,department of ,transportation a ,commercial ,space ,transportation ,administration4 7b7 ,leadership ,the ,commercial ,space ,transportation ,administration shall be headed by an ,administrator1 who shall report directly to the ,secretary of ,transportation4 7c7 ,duties ,the ,administrator of the ,commercial ,space ,transportation ,administration shall exercise the authorities of the ,secretary of ,transportation with respect to commercial space launch and reentry activities1 including the authorities provided under this chapter4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #eji of such title is amended by inserting after the item relating to section #ejijb the following3 #ejijb;,a4 ,commercial ,space ,transportation ,administration4 4 #g4 ,flight safety analysis workforce 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 flight safety analysis is critical to maintaining a high level of public safety for commercial space launches from1 and reentries to1 ,federal ranges2 7#b7 significant expertise in flight safety analysis exists within the ,department of ,defense1 the ,department of ,transportation1 and the ,national ,aeronautics and ,space ,administration2 and 7#c7 the increasing pace of commercial launch and reentries requires greater cooperation among the ,secretary of ,defense1 the ,secretary1 and the ,administrator of the ,national ,aeronautics and ,space ,administration to support commercial launch and reentry activities at ,federal ranges4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,defense and the ,administrator of the ,national ,aeronautics and ,space ,administration1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,armed ,services of the ,senate and the ,committee on ,science1 ,space1 and ,technology and the ,committee on ,armed ,services of the ,house of ,representatives a report that identifies roles1 responsibilities1 expertise1 and knowledge that exists within the executive branch of the ,federal ,government relating to analysis of flight safety for space launch and reentry activities4 7c7 ,memorandum of understanding ,upon completion of the report required by subsection 7b71 the ,secretary may enter into a 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 activities4 #h4 ,streamlining licensing of private remote sensing space systems 7a7 ,clarification of remote sensing regulatory authority over certain imaging systems ,section #fjaba7;a77#b7 of title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 ,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 sensing4 ,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 operations1 including instruments used to support on-board self-monitoring for technical assurance1 flight reliability1 spaceflight safety1 navigation1 attitude control1 separation events1 payload deployments1 or instruments collecting self-images44 7b7 ,facilitation of license applications and assistance to applicants 7#a7 ,in general ,section #fjaba of title #ea1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7,b7 by inserting after subsection 7c7 the following3 7d7 ,assignment of dedicated licensing officer ,the ,secretary shall assign a licensing officer to oversee the application of the applicant for a license under subsection 7a74 ,the licensing officer shall assist the applicant by facilitating the application process1 minimizing license conditions1 and expediting the review and approval of the application1 to the extent authorized by law4 4 7#b7 ,conforming amendment ,section #fjabb7;b77#c7 of title #ea1 ,united ,states ,code1 is amended by striking section #fjaba7;e7 and inserting section #fjaba7;f74 7c7 ,transparency and expeditious review of licenses ,in carrying out the authorities under subchapter ,,iii of chapter #fja of title #ea1 ,united ,states ,code1 the ,secretary shall-- 7#a7 provide transparency to and engagement with applicants throughout the licensing process1 including by stating with specificity to the applicant or licensee what basis caused the tiering determination of the license2 7#b7 minimize the timelines for review of commercial remote sensing licensing applications2 and 7#c7 not less frequently than annually1 reevaluate the criteria for the tiering of satellite systems1 with a goal of expeditiously recategorizing ,tier #c systems to a lower tier without temporary license conditions4 #i4 ,,gao report 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the policies1 regulations1 and practices of the ,department of ,commerce 7referred to in this section as the ,department7 with respect to the private remote sensing space industry4 7b7 ,elements ,the report required by subsection 7a7 shall include the following3 7#a7 ,an assessment of the extent to which such licensing policies1 regulations1 and practices of the ,department promote or inhibit a robust domestic private remote sensing industry1 including any restrictions that impede innovative remote sensing capabilities4 7#b7 ,recommendations on changes to policies1 regulations1 and practices for consideration by the ,secretary of ,commerce to promote ,united ,states industry leadership in private remote sensing capabilities1 including recommendations for-- 7,a7 determining whether the costs to industry outweigh the benefits of conducting on-site ground station visits1 and possible alternatives to ensuring compliance2 7,b7 assessing the information in a license application that should be treated as a material fact and the justification for such treatment2 7,c7 incorporating industry feedback into ,department policies1 regulations1 and practices2 and 7,d7 increasing ,department transparency by-- 7i7 ensuring the wide dissemination of ,department guidance2 7ii7 providing clear application instructions2 and 7iii7 establishing written precedent of ,department actions4