Sec. 2677. Limitation on cooperation with the People's Republic of China
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/bill/117/hr/4521/eas/section-2677·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided by subsection (b), the Administrator, the Director of the OSTP, and the Chair of the National Space Council, shall not— develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any manner with— the Government of the People's Republic of China; or any company— owned by the Government of the People's Republic of China; or incorporated under the laws of the People's Republic of China; and host official visitors from the People's Republic of China at a facility belonging to or used by NASA.
The Administrator, the Director, or the Chair may waive the limitation under subsection
(a)with respect to an activity described in that subsection only if the Administrator, the Director, or the Chair, as applicable, makes a determination that the activity— does not pose a risk of a transfer of technology, data, or other information with national security or economic security implications to an entity described in paragraph
(1)of such subsection; and does not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. Not later than 30 days after the date on which a waiver is granted under paragraph (1), the Administrator, the Director, or the Chair, as applicable, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives a written certification that the activity complies with the requirements in subparagraphs
(A)and
(B)of that paragraph. The Comptroller General of the United States shall conduct a review of NASA contracts that may subject the Administration to unacceptable transfers of intellectual property or technology to any entity— owned or controlled (in whole or in part) by, or otherwise affiliated with, the Government of the People’s Republic of China; or organized under, or otherwise subject to, the laws of the People’s Republic of China. The review required under paragraph
(1)shall assess— whether the Administrator is aware— of any NASA contractor that benefits from significant financial assistance from— the Government of the People’s Republic of China; any entity controlled by the Government of the People’s Republic of China; or any other governmental entity of the People’s Republic of China; and that the Government of the People's Republic of China, or an entity controlled by the Government of the People's Republic of China, may be— leveraging United States companies that share ownership with NASA contractors; or obtaining intellectual property or technology illicitly or by other unacceptable means; and the steps the Administrator is taking to ensure that— NASA contractors are not being leveraged (directly or indirectly) by the Government of the People’s Republic of China or by an entity controlled by the Government of the People’s Republic of China; the intellectual property and technology of NASA contractors are adequately protected; and NASA flight-critical components are not sourced from the People’s Republic of China through any entity benefitting from Chinese investments, loans, or other assistance. The Comptroller General shall provide to the Administrator recommendations for future NASA contracting based on the results of the review. Not later than 180 days after the date on which the Comptroller General completes the review, the Administrator shall— develop a plan to implement the recommendations of the Comptroller General; and submit the plan to the appropriate committees of Congress. The limitation under subsection
(a)shall cease to have effect on the date that is 10 years after the date of the enactment of this division.