Sec. 1723. Report; strategy
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Not later than 1 year after the date of enactment of this section, and annually thereafter in fiscal years 2022 and 2023, the National Space Council shall submit to the appropriate congressional committees an interagency assessment of the ability of the United States to compete with foreign space programs and in the emerging commercial space economy. The report shall include information on the following: An assessment of the human exploration and spaceflight capabilities of the national space program of the United States relative to national programs of the PRC.
An assessment of— the viability of extraction of space-based precious minerals, onsite exploitation of space-based natural resources, and utilization of space-based solar power; the programs of the United States and the PRC that are related to the issues described in clause (i); and any potential terrestrial or space environmental impacts of space-based solar power. An assessment of United States strategic interests in or related to cislunar space. A comparative assessment of future United States space launch capabilities and those of the PRC.
The extent of foreign investment in the commercial space sector of the United States, especially in venture capital and other private equity investments that seek to work with the Federal government. The steps by which the National Aeronautics and Space Administration, the Department of Defense, and other United States Federal agencies conduct the necessary due diligence and security reviews prior to investing in private space entities that may have received funding from foreign investment.
Current steps that the United States is taking to identify and help mitigate threats to domestic space industry from influence of the PRC. An assessment of the current ability, role, costs, and authorities of the Department of Defense to mitigate the threats of commercial communications and navigation in space from the PRC’s growing counterspace capabilities, and any actions required to improve this capability. An assessment of how the PRC’s activities are impacting United States national security, including— theft by the PRC of United States intellectual property through technology transfer requirements or otherwise; and efforts of the PRC to seize control of critical elements of the United States space industry supply chain and United States space industry companies or sister companies with shared leadership; and government cybersecurity capabilities.
An assessment of efforts of the PRC to pursue cooperative agreements with other nations to advance space development. Recommendations to Congress, including recommendations with respect to— any legislative proposals to address threats by the PRC to the United States national space programs as well as domestic commercial launch and satellite industries; how the United States Government can best utilize existing Federal entities to investigate and prevent potentially harmful investment by the PRC in the United States commercial space industry;
The report required under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. Not later than 1 year after the submission of the report required in subsection (a), the President, in consultation with the National Space Council, shall develop and submit to the appropriate congressional committees a strategy to ensure the United States can— compete with other national space programs; maintain leadership in the emerging commercial space economy; identify market, regulatory, and other means to address unfair competition from the PRC based on the findings of in the report required in subsection (a); leverage commercial space capabilities to ensure United States national security and the security of United States interests in space; protect United States supply chains and manufacturing critical to competitiveness in space; and coordinate with international allies and partners in space. The strategy required under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. In this section, the following definitions apply: The term appropriate congressional committees means— the Committee on Armed services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Science, Space, and Technology of the House of Representatives. The term PRC means the People’s Republic of China .