S.Amdt. 380

SA 380. Mr. WICKER (for himself and Mrs. Hyde-Smith) submitted an
amendment intended to be proposed by him

[[Page S2570]]

to the bill S. 2226, to authorize appropriations for fiscal year 2024
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 of subtitle A of title XV, add the following

SEC. 1510. APPLICATION OF TNT EQUIVALENCY TO LAUNCH VEHICLES
AND COMPONENTS USING METHANE PROPELLANT.

(a) Findings.--Congress finds the following:
(1) The United States Government supports having a robust
space launch services market to support national security,
civil, and commercial space activities.
(2) A majority of the new launch vehicles in development,
testing, and operation in the United States utilize methane
and liquid oxygen as their propellants (LOX/LNG or methalox).
(3) The United States Government has access to data and
scientific modeling methods that support a TNT equivalency
for methalox that is less than the default 100 percent TNT
equivalency that is applied when no scientific data exists to
characterize the explosive yield.
(4) The United States Government is not consistently
applying data that supports a TNT equivalency of 25 percent
at United States Government owned or licensed facilities.
(5) The United States Government has initiated a LOX-
Methane Assessment (LMA) working group, however, the working
group's methodology is not grounded in launch vehicle designs
or test and launch operations. Further, the working group's
efforts are expected to take no less than 3 years to complete
and cost the United States taxpayer no less than $80,000,000.
United States launch operators are incurring significant cost
and diminished opportunities to operate as a result of the
United States Government's inconsistent policy on methalox.
(6) The People's Republic of China is already launching
orbital launch vehicles that utilize liquid oxygen and
methane.
(b) Interim Equivalency Determination.--Effective on the
date of the enactment of this Act, the interim determination
of TNT equivalency applied to launch vehicles and components
of such vehicles using methane as propellant shall not exceed
25 percent for purposes of the explosive siting and hazardous
operations for test and operations of such launch vehicles
and their components on or from any facility owned or
licensed by the Federal Government.
(c) Improved Process for Yield Determinations.--Not later
than one year after the date of the enactment of this Act,
the Secretary of Defense, the Secretary of Transportation,
and the Administrator of the National Aeronautics and Space
Administration shall establish a process through which
scientifically valid TNT equivalency determinations can be
assessed for launch vehicles while in flight.
(d) Certification and Report.--Not later than 90 days after
the completion of the joint assessment process conducted by
the LOX-Methane Assessment working group, the Secretary of
Defense, the Secretary of Transportation, and the
Administrator of the National Aeronautics and Space
Administration shall submit to the appropriate congressional
committees--
(1) a certification verifying that the Secretaries and the
Administrator reviewed the results of such joint assessment
process and have agreed upon a new TNT equivalency
determination that will be applied by the Federal Government
to launch vehicles and components of such vehicles using
methane as propellant; and
(2) a report describing how the implementation of that new
TNT equivalency determination is expected to affect
commercial space launch activities and national security.
(e) Sunset.--Subsection (b) shall have no force or effect
after the expiration of the period of 180 days following the
submittal of the certification and report required under
subsection (d).
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional defense committees.
(B) The Committee on Commerce, Science, and Transportation
of the Senate.
(C) The Committee on Science, Space, and Technology of the
House of Representatives.
(D) The Committee on Transportation and Infrastructure of
the House of Representatives.
(2) Launch vehicle.--The term ``launch vehicle'' has the
meaning given that term in section 50902 of title 51, United
States Code.
(3) LOX-methane assessment working group.--The term ``LOX-
Methane Assessment working group'' means the interagency
working group that--
(A) is comprised of representatives from the Department of
Defense, the Department of Transportation, and the National
Aeronautics and Space Administration; and
(B) as of the date of the enactment of this Act, is
studying the explosive characteristics of liquid oxygen and
methane.
(4) TNT equivalency.--The term ``TNT equivalency'' means a
unit of energy equivalent to the energy released during
detonation of trinitrotoluene (TNT).
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