Review - S 5502 Introduced – CISA and Biosecurity

Back in September, Sen Hassan (D,NH) introduced S 5502, the Protecting Biotechnology and Biomanufacturing as Critical Infrastructure Act. The bill would amend 6 USC 652 to require CISA to treat biotechnology and biomanufacturing as critical infrastructure even though it does not have a designated Sector Specific Agency designation. No new funding is authorized by this bill. 

This bill is essentially identical (minor word changes) to HR 10569, introduced the same day by Rep Khanna (D,CA). No action has been taken on that bill in the House. 

Moving Forward  

Hassan is a member of the Senate Homeland Security and Governmental Affairs Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see the bill considered by that Committee. A major impediment to legislation increasing CISA influence is Sen Paul (R,KY), the current Committee Chair. 

For more information on the provisions of this bill, as well as a look at prospects in the 120th Congress, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-5502-introduced-cisa-and-biosecurity - subscription required. 

Short Takes – 11-10-26 - Federal Register Edition

Delany Clause Petitions  

Color Additive Petition from Environmental Defense Fund et al.; Request to Amend the Color Additive Regulations to Remove the Solvents Ethylene Dichloride, Methylene Chloride, andTrichloroethylene. FDA notification of partial denial. Summary: “The Food and Drug Administration (FDA or we) is partially granting a color additive petition submitted by Environmental Defense Fund et al. (petitioners), by amending our color additive regulations, on the basis of the Delaney Clause, to remove the authorized use of methylene chloride as a diluent in color additive mixtures in inks for marking fruit and vegetables. The petitioners provided data demonstrating that this additive induces cancer in laboratory animals. We are denying the remaining petition requests to remove ethylene dichloride, methylene chloride, and trichloroethylene from the list of authorized extraction solvents for annatto extract, paprika oleoresin, and turmeric oleoresin, because any residue of the solvent would be an impurity in the color additive and such impurities are not subject to the Delaney Clause.” 

Color Additive Petition from the International Association of Color Manufacturers; Request to Amend the Color Additive Regulations to Remove the Solvents Methylene Chloride, Trichloroethylene, and Ethylene Dichloride. FDA notification of partial denial. Summary: “The Food and Drug Administration (FDA or we) is partially granting a color additive petition submitted by the International Association of Color Manufacturers (IACM or petitioner), by amending our color additive regulations, on the basis of abandonment, to remove the authorized uses of methylene chloride, trichloroethylene, and ethylene dichloride from the list of authorized extraction solvents for annatto extract, paprika oleoresin, and turmeric oleoresin. The petitioner provided data demonstrating that these uses have been permanently abandoned. FDA is denying as moot the portion of the petition proposing that the color additive regulations be amended, on the basis of abandonment, to no longer authorize the use of methylene chloride as a diluent in color additive mixtures in inks for marking fruit and vegetables. This request is moot because the authorization for this use has been removed, on the basis of the Delaney Clause, in response to a separate petition.” 

Information Collection Requests 

Submission for OMB Review, Comment Request; Homeland Security Exercise and Evaluation Program (HSEEP) Documentation. FEMA 30-day ICR extension notice. Summary: “The Homeland Security Exercise and Evaluation Program (HSEEP) provides the program structure, multi-year planning system, tools, and guidance necessary for entities to build and sustain exercise programs that enhance homeland security capabilities, and ultimately, preparedness. The HSEEP After Action Report/Improvement Plan (AAR/IP), Integrated Preparedness Plans (IPPs), and National Exercise Program (NEP) Support Request Form provide standardized methods for reporting the results of exercises, identifying exercise program priorities, and submitting exercise nominations necessary to validate national preparedness capabilities.” 

Space Geek  

Notice of Intent To Prepare a Programmatic Environmental Impact Statement (PEIS), Open Public Scoping Period, and Hold Public Scoping Meetings on the Proposed SpaceX Starship-Super Heavy Launch and Landing Operations at the Boca Chica Launch Site at Starbase, Texas and Expansion of Starship Landing and Expenditure Locations. FAA PEIS update notice. Summary: “In accordance with the National Environmental Policy Act of 1969, as amended (NEPA) and FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures, the FAA is providing an update regarding its notice intent to prepare a PEIS analyzing Space Exploration Technologies Corp.'s (SpaceX) proposal to increase Starship-Super Heavy operations at the Boca Chica Launch Site at Starbase, TX and expand Starship landing and expenditure locations. Subsequent license modifications or renewals under 14 CFR part 400 are within the scope of the PEIS, and the issuance of temporary airspace closures associated with the Proposed Action are included in FAA's Federal Action. FAA is requesting comments concerning the alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action.” 

Sponsors Added for S 5487 – TWICE Act

Yesterday, two Senators added their names as cosponsors for S 5487, the TWICE Act. One of the Senators, Sen Blunt (D,DE), is a member of the Senate Commerce, Science, and Transportation Committee to which this bill was assigned for consideration. That means that there may now be sufficient influence to see the bill considered by that Committee. Unfortunately, with so little time left in the 119th Congress, this bill is unlikely to be considered. 

The bill would require TSA to develop guidelines to improve returning [from incarceration] citizens’ access to the TWIC program. No new funding is authorized by the bill. 

Both Sen Kennedy (R,LA) and Blunt will be back in the 120th Congress, so it is likely that this bill will be reintroduced next year. 

Short Takes – 11-9-26 - Space Geek Edition

Starship Flight 15. SpaceX.com update. Pull quote: “Starship’s initial return to launch site mission is expected to orbit the Earth at an altitude of ~275 km and complete approximately 14 orbits around the planet over the course of a more than 22-hour flight. Similar to Starship’s first orbital mission, the flight profile has been designed with the opportunity to insert into a passively safe suborbital trajectory or safely deorbit at multiple pre-determined areas over the ocean after raising to an orbital altitude. Read more about the testing, mission design, and safety measures for first planned Starship catch.” 

Swift has fallen: NASA's 22-year-old space telescope burns up over Sumatra. LiveScience.com article. Pull quote: “Weighing approximately 3,200 pounds (1,450 kilograms), the Neil Gehrels Swift Observatory was initially designed for a two-year mission, but it far exceeded expectations. Over two decades, Swift became an important tool in the study of gamma-ray bursts, supernovas, black holes and other cosmic phenomena.” 

This space company is betting its future on a propellant available everywhere. ArsTechnica.com article. Pull quote: “The propulsion system is basically a small rocket that uses hydrogen and oxygen as propellants. However, instead of launching with separate tanks of liquid hydrogen and liquid oxygen, Chiron starts with liquid water. In space, the vehicle uses solar power to split water into hydrogen and oxygen gases and burns them to generate thrust.” 

NASA's Artemis II moon launch tore a hole in Earth's upper atmosphere so huge it disrupted GPS signals. Space.com article. Pull quote: “The measurements found that the ionospheric disturbances resulting from the sheer power of the Artemis II launch were more significant than any caused by other rocket launches to date and up to ten times more intense than those observed following the test launches of SpaceX's Starship, which is twice as powerful as the SLS based on liftoff thrust.” 

Earth has captured a new mini moon — but it won't stick around for long. Space.com article. Pull quote: “Scientists have recreated the orbital path of QQ8, finding that it takes 359 days, or about 0.98 of an Earth year, to orbit the sun. QQ8 closely approaches Earth around once every ten years, but this time the object came so close that Earth has been able to gravitationally seize it." 

'We got it done!' Spacewalking astronauts finish installing next-gen ISS solar arrays. Space.com article. Pull quote: “After releasing two bolts, Kutryk and Menon watched as the array started to unfurl to its full 63-foot (19 meters) length. No motor was needed; the iROSA, as designed, used only the potential energy stored by its rolled-up carbon composite booms to extend itself. The entire process took about 10 minutes.” 

PRISM: The Coming Wave of New Lunar Science Missions. Starbench.substack.com article. Pull quote: “Since Apollo, scientists have been building up a list of nagging questions about how the Moon formed and how it’s evolved since then. Was there an early cataclysm where the impact rate spiked up suddenly? What’s the state of the Moon’s core? Why does its polar ice seem so much different than that on Mercury or Ceres?” 

The cost of operating amid debris. SpaceNews.com article. Pull quote: “And while the total cost of dodging debris may still pale in comparison to the several hundred billion dollars the industry generates a year, Deville said “it is undeniable that space congestion is rapidly turning into the biggest factor of risk and uncertainty for satellite operators.”” 

How Do You Land on a Moon with Almost No Gravity? Spedtrum.ieee.org article. Pull quote: “Once back in Mars orbit, the exploration module will resume its observations of Phobos and make several flybys of Mars’s other diminutive moon, Deimos, to gather data on its surface, structure, and composition. In November 2030, during a favorable alignment of Mars and Earth, MMX will begin the homeward leg of its trip. The return module will separate from the exploration module and power the voyage home, its sole objective to bring the dust of Phobos to Earth.”