[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Pages S7746-S7747]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4253. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 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. 1516. SPACE TECHNOLOGY ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Application.--The term ``application'' means an
application, petition, or other request for a license,
including an application, petition, or other request to
transfer a license that has already been issued.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Committee.--The term ``Committee'' means the committee
established by subsection (b)(1).
(5) Committee advisor.--The term ``Committee advisor''
means an individual described in subsection (b)(2)(B).
(6) Committee member.--The term ``Committee member'' means
an individual described in subsection(b)(2)(A).
(7) Lead member.--The term ``lead member'' means a
Committee member designated under subsection (b)(4) to carry
out a specific duty of the Committee.
(8) License.--The term ``license'' means a license for--
(A) a launch site;
(B) a launch and reentry vehicle;
(C) a commercial spaceport;
(D) a commercial Earth remote sensing satellite; or
(E) commercial satellite communications.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Committee to Advise Space Licensing Authorities.--
(1) Establishment.--There is established a committee to
assist the Administrator, the Secretary, and the Commission
in conducting reviews of applications and licenses for the
purpose of determining whether granting the applications or
maintaining the licenses poses a risk to the national
security or law enforcement or public safety interests of the
United States.
(2) Membership.--
(A) In general.--The Committee shall be comprised of the
following Committee members:
(i) The head, or a senior executive-level designee of the
head, of each of the following:
(I) The Department of Defense.
(II) The Department of Homeland Security.
(III) The Department of Justice.
(IV) The Office of the Director of National Intelligence.
(V) The Federal Aviation Administration.
(VI) The National Space Council.
(VII) The Department of Commerce.
(ii) The head of any other executive department of agency,
or any Assistant to the President, as the President considers
appropriate.
(B) Advisory members.--In addition to the Committee
members, the following individuals shall serve as Committee
advisors:
(i) The head, or a senior executive-level designee of the
head, of each of the following:
(I) The Department of State.
(II) The Office of the United States Trade Representative.
(III) The Department of the Treasury.
(IV) The Securities and Exchange Commission.
(V) The Federal Communications Commission.
(VI) The Environmental Protection Agency.
(VII) The Department of the Interior.
(VIII) The Office of Science and Technology Policy.
(IX) The Federal Bureau of Investigation.
(ii) The Assistant to the President for National Security
Affairs.
(3) Chairperson.--
(A) In general.--The Secretary of Defense shall serve as
the chairperson of the Committee.
(B) Exclusive authority.--The chairperson shall have the
exclusive authority to act, or to authorize any other
Committee member to act, on behalf of the Committee,
including by communicating with the Administrator, the
Secretary, the Commission, and applicants and licensees.
(4) Lead members.--The chairperson shall designate one or
more Committee members to serve as a lead member for carrying
out a Committee duty, consistent with the Committee member's
statutory authority.
(5) Assistant secretary for space review.--
(A) In general.--The chairperson shall establish within the
Office of the Under Secretary of Defense for Acquisition and
Sustainment the position of Assistant Secretary for Space
Review, which position shall be principally related to the
Committee, as delegated by the Secretary of Defense.
(B) Duties.--The duties of the Assistant Secretary for
Space Review shall be--
[[Page S7747]]
(i) to prioritize the organization and management of
Committee meetings; and
(ii) to produce written archival records of Committee
actions.
(6) Information sharing and consultation.--The chairperson
and each lead member shall--
(A) keep the Committee fully informed of their respective
activities on behalf of the Committee; and
(B) consult the Committee before taking any material action
under this section.
(7) Duties.--
(A) Receipt of applications and licenses.--The
Administrator, the Secretary, and the Commission shall refer
all applications and licenses to the Committee, and the
Committee shall receive such applications and licenses, for
review and determination.
(B) Review of applications and licenses.--
(i) In general.--The Committee shall--
(I) conduct a review and assessment of each application and
license received;
(II) with respect to each such application and license--
(aa) submit questions or requests for information to the
applicant, licensee, or any other entity for purposes of the
assessment under item (bb);
(bb) assess whether granting the application or maintaining
the license would pose a risk to the national security or law
enforcement or public safety interests of the United States;
(cc) in the case of an application or a license with
respect to which the Committee determines such a risk exists,
determine whether, as applicable--
(AA) the application should be granted or denied; or
(BB) the license should be maintained or revoked; and
(dd) in the case of an application or license determined to
pose such a risk that may be addressed through approval with
conditions--
(AA) not later than 30 days after the date on which the
Committee receives such application or license for review,
propose to the Administrator, the Secretary, or the
Commission, as applicable, the measures necessary to address
the risk, and recommend that the application only be granted,
or the license only maintained, on the condition of
compliance by the applicant or licensee with such measures;
(BB) if the Administrator, the Secretary, or the Commission
approves the measures proposed under subitem (AA) and grants
the application, or maintains the license, communicate with
the applicant or licensee with respect to such measures; and
(CC) monitor compliance with such measures.
(ii) Timeline.--Not later than 30 days after the date on
which the chairperson determines under subparagraph (D) that
the response of the applicant or licensee to any question or
information request is complete, the Committee shall complete
the review under this subparagraph.
(iii) Notification.--The chairperson shall notify the
Administrator, the Secretary, or the Commission, as
applicable, of any application or license determined by the
Committee to warrant a secondary assessment.
(C) Secondary assessment of applications and licenses.--
(i) In general.--The Committee shall--
(I) conduct a secondary assessment of any application or
license determined by the Committee to pose a risk to the
national security or law enforcement or public safety
interests of the United States that cannot be addressed
through standard mitigation measures; and
(II) with respect to each such application or license--
(aa) submit additional questions or requests for
information to the applicant, licensee, or any other entity
to determine whether there are unresolved concerns; and
(bb) make a recommendation to the Administrator, the
Secretary, or the Commission, as applicable, on whether the
application should be denied or the license should be
revoked.
(ii) Timeline.--Not later than 90 days after the date on
which the Committee determines that a secondary assessment
under this subparagraph is warranted, the Committee shall
complete the assessment.
(iii) Notification.--The chairperson, in coordination with
the Administrator, the Secretary, and the Commission, shall
notify the National Security Council and the President of any
application or license with respect to which the Committee
recommends a denial or revocation.
(D) Requests for additional information.--
(i) In general.--Not later than 15 days after receiving a
response to questions or requests for additional information
submitted to an applicant, licensee, or any other entity
pursuant to an review under subparagraph (B) or a secondary
assessment under subparagraph (C), the Committee shall--
(I) make a determination as to whether such response is
complete; and
(II) notify the Administrator, the Secretary, or the
Commission, as applicable, of such determination.
(ii) Failure to respond.--
(I) In general.--In the case of an applicant, licensee, or
other entity that fails to respond to such questions or
requests for additional information, the Committee may make a
recommendation to the Administrator, the Secretary, or the
Commission, as applicable--
(aa) to deny the application concerned without prejudice;
or
(bb) to rescind the license concerned.
(II) Notification.--
(aa) Extension.--The chairperson shall notify the
Administrator, the Secretary, or the Commission, as
applicable, of any extension of the review or secondary
assessment period.
(bb) Denial.--The chairperson, in coordination with the
Administrator, the Secretary, or the Commission, as
applicable, shall notify the National Security Council and
the President of any recommendation by the Committee to deny
an application or rescind a license.
(iii) Confidentiality.--Information submitted to the
Committee shall not be disclosed to any individual or entity
outside the departments or agencies of Committee members and
Committee advisors, except as appropriate and consistent with
procedures governing the handling of classified or otherwise
privileged information.
(E) Notification of no objections.--If the Committee does
not have a recommendation or an objection to granting an
application or maintaining a license, the Committee shall so
notify the Administrator, the Secretary, or the Commission,
as applicable.
(F) Other duties.--The Committees shall conduct other
related duties, as the chairperson considers appropriate.
(c) Threat Analysis.--With respect to each application and
license reviewed by the Committee, the Director of National
Intelligence, in coordination with the intelligence community
(as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)), shall issue a written assessment of any
threat to the national security interests of the United
States posed by granting the application or maintaining the
license.
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