Sec. 1608. Application of TNT equivalency to launch vehicles and components using methane propellant
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Congress finds the following: The United States Government supports having a robust space launch services market to support national security, civil, and commercial space activities. 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). 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.
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. 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. The People’s Republic of China is already launching orbital launch vehicles that utilize liquid oxygen and methane. 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. 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. 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— 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 a report describing how the implementation of that new TNT equivalency determination is expected to affect commercial space launch activities and national security. 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). In this section: The term appropriate congressional committees means the following: The congressional defense committees. The Committee on Commerce, Science, and Transportation of the Senate. The Committee on Science, Space, and Technology of the House of Representatives. The Committee on Transportation and Infrastructure of the House of Representatives. The term launch vehicle has the meaning given that term in section 50902 of title 51, United States Code. The term LOX-Methane Assessment working group means the interagency working group that— is comprised of representatives from the Department of Defense, the Department of Transportation, and the National Aeronautics and Space Administration; and as of the date of the enactment of this Act, is studying the explosive characteristics of liquid oxygen and methane. The term TNT equivalency means a unit of energy equivalent to the energy released during detonation of trinitrotoluene (TNT).