[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.
                                 ______