Space Technology Advisory Committee Act of 2021
Bill: S.3158 | Sponsor: Sen. Feinstein, Dianne (D-CA)
Policy area: Transportation and Public Works

Summary:
Space Technology Advisory Committee Act of 2021
This bill sets out a process for reviewing applications and licenses for commercial space activities to determine whether an application or license poses a risk to national security or public safety.
Specifically, the bill establishes a committee to assist the Federal Aviation Administration, the Department of Transportation, and the Federal Communications Commission review applications and licenses for the use of launch sites, launch and reentry vehicles, commercial spaceports, commercial Earth remote sensing satellites, or commercial satellite communications.
For each application or license reviewed by the committee, the Office of the Director of National Intelligence must issue a written assessment of any national security threat related to the application or license.

To establish a committee to advise space licensing authorities, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space Technology Advisory Committee 
Act of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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 section 3(a).
            (5) Committee advisor.--The term ``Committee advisor'' 
        means an individual described in section 3(b)(2).
            (6) Committee member.--The term ``Committee member'' means 
        an individual described in section 3(b)(1).
            (7) Lead member.--The term ``lead member'' means a 
        Committee member designated under section 3(d) 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.

SEC. 3. COMMITTEE TO ADVISE SPACE LICENSING AUTHORITIES.

    (a) 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.
    (b) Membership.--
            (1) In general.--The Committee shall be comprised of the 
        following Committee members:
                    (A) 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.
                    (B) The head of any other executive department or 
                agency, or any Assistant to the President, as the 
                President considers appropriate.
            (2) Advisory members.--In addition to the Committee 
        members, the following individuals shall serve as Committee 
        advisors:
                    (A) 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.
                    (B) The Assistant to the President for National 
                Security Affairs.
    (c) Chairperson.--
            (1) In general.--The Secretary of Defense shall serve as 
        the chairperson of the Committee.
            (2) 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.
    (d) 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.
    (e) Assistant Secretary for Space Review.--
            (1) 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.
            (2) Duties.--The duties of the Assistant Secretary for 
        Space Review shall be--
                    (A) to prioritize the organization and management 
                of Committee meetings; and
                    (B) to produce written archival records of 
                Committee actions.
    (f) Information Sharing and Consultation.--The chairperson and each 
lead member shall--
            (1) keep the Committee fully informed of their respective 
        activities on behalf of the Committee; and
            (2) consult the Committee before taking any material action 
        under this Act.
    (g) Duties.--
            (1) 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.
            (2) Review of applications and licenses.--
                    (A) In general.--The Committee shall--
                            (i) conduct a review and assessment of each 
                        application and license received; and
                            (ii) with respect to each such application 
                        and license--
                                    (I) submit questions or requests 
                                for information to the applicant, 
                                licensee, or any other entity for 
                                purposes of the assessment under 
                                subclause (II);
                                    (II) 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;
                                    (III) 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
                                    (IV) 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 item 
                                        (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.
                    (B) Timeline.--Not later than 30 days after the 
                date on which the chairperson determines under 
                paragraph (4) that the response of the applicant or 
                licensee to any question or information request is 
                complete, the Committee shall complete the review under 
                this paragraph.
                    (C) 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.
            (3) Secondary assessment of applications and licenses.--
                    (A) 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--
                                    (I) submit additional questions or 
                                requests for information to the 
                                applicant, licensee, or any other 
                                entity to determine whether there are 
                                unresolved concerns; and
                                    (II) 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.
                    (B) Timeline.--Not later than 90 days after the 
                date on which the Committee determines that a secondary 
                assessment under this paragraph is warranted, the 
                Committee shall complete the assessment.
                    (C) Notification.--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 application 
                or license with respect to which the Committee 
                recommends a denial or revocation.
            (4) Requests for additional information.--
                    (A) 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 paragraph (2) or a secondary assessment under 
                paragraph (3), 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.
                    (B) 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--
                                    (I) to deny the application 
                                concerned without prejudice; or
                                    (II) to rescind the license 
                                concerned.
                            (ii) Notification.--
                                    (I) Extension.--The chairperson 
                                shall notify the Administrator, the 
                                Secretary, or the Commission, as 
                                applicable, of any extension of the 
                                review or secondary assessment period.
                                    (II) 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.
                    (C) 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.
            (5) 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.
            (6) Other duties.--The Committees shall conduct other 
        related duties, as the chairperson considers appropriate.

SEC. 4. 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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