[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6388 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6388

 To direct the National Space Council to develop a strategy to ensure 
  the United States remains the preeminent space power in the face of 
                      growing global competition.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2020

   Ms. Houlahan (for herself and Mr. Weber of Texas) introduced the 
following bill; which was referred to the Committee on Science, Space, 
                             and Technology

_______________________________________________________________________

                                 A BILL


 
 To direct the National Space Council to develop a strategy to ensure 
  the United States remains the preeminent space power in the face of 
                      growing global competition.

    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 Advancement Report 
(STAR) Act of 2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) As stated in the United States-China Economic and 
        Security Commission's 2019 Report to Congress, the United 
        States retains many advantages over the People's Republic of 
        China (PRC) in space, including--
                    (A) the organization and technical expertise of its 
                space program;
                    (B) NASA's national capabilities for human 
                spaceflight and exploration;
                    (C) its vibrant commercial space sector;
                    (D) its long history of space leadership; and
                    (E) many international partnerships.
            (2) The PRC seeks to establish a leading position in the 
        economic and military use of outer space and views space as 
        critical to its future security and economic interests.
            (3) The PRC's national-level commitment to establishing 
        itself as a global space leader harms United States interests 
        and threatens to undermine many of the advantages the United 
        States has worked so long to establish.
            (4) For over 60 years, the United States has led the world 
        in space exploration and human space flight through a robust 
        national program that ensures NASA develops and maintains 
        critical spaceflight systems to enable this leadership, 
        including the Apollo program's Saturn V rocket, the Space 
        Shuttle, the International Space Station and the Space Launch 
        System and Orion today.
            (5) A 2019 Defense Intelligence Agency noted in its 
        ``Challenges to U.S. Security in Space'' report that the PRC 
        was developing a national super-heavy lift rocket comparable to 
        NASA's Space Launch System.
            (6) The United States space program and commercial space 
        sector risks being hollowed out by the PRC's plans to attain 
        leadership in key technologies.
            (7) It is in the economic and security interest of the 
        United States to remain the global leader in space power.
            (8) A recent report by the Air Force Research Laboratory 
        and the Defense Innovation Unit found that China's strategy to 
        bolster its domestic space industry includes a global program 
        of theft and other misappropriation of intellectual property, 
        direct integration of state-owned entities and their technology 
        with commercial start-ups, the use of front companies to invest 
        in United States space companies, vertical control of supply 
        chains, and predatory pricing.
            (9) The United States Congress passed the Wolf Amendment as 
        part of the Fiscal Year 2012 Consolidated and Further 
        Continuing Appropriations Act (Public Law 112-55) and every 
        year thereafter in response to the nefarious and offensive 
        nature of Chinese activities in the space industry.

SEC. 3. REPORT.

    (a) Requirement for Report.--Not later than 1 year after the date 
of enactment of this Act, and updated each year thereafter, the 
National Space Council shall submit to the appropriate congressional 
committees an interagency assessment of the United States ability to 
effectively compete with foreign space programs and in the emerging 
commercial space economy.
    (b) Content of Report.--The report must include, at minimum, the 
following:
            (1) United States national space program human exploration 
        and spaceflight capabilities relative to PRC national programs.
            (2) An assessment of--
                    (A) the viability of extraction of space-based 
                precious minerals, onsite exploitation of space-based 
                natural resources, and utilization of space-based solar 
                power;
                    (B) a comparative assessment of the PRC's programs 
                related to these issues; and
                    (C) an assessment of any potential terrestrial or 
                space environmental impacts of space-based solar power.
            (3) An assessment of United States strategic interests in 
        or related to cislunar space.
            (4) A comparative assessment of future United States space 
        launch capabilities and those of the PRC.
            (5) The extent of foreign investment in the United States 
        commercial space sector, especially in venture capital and 
        other private equity investments that seek to work with the 
        United States Government.
            (6) The steps by which NASA, 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.
            (7) Current steps the United States Government is taking to 
        protect its domestic space industry from Chinese influence.
            (8) An assessment of the U.S. Department of Defense's 
        current ability to guarantee the protection of commercial 
        communications and navigation in space from the PRC's growing 
        counterspace capabilities, and any actions required to improve 
        this capability.
            (9) An assessment of how the PRC's activities are impacting 
        the United States commercial space industry's competitiveness 
        and United States national security, including--
                    (A) Chinese theft of United States intellectual 
                property through technology transfer requirements or 
                otherwise; and
                    (B) Chinese efforts 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.
            (10) An assessment of Chinese efforts to pursue cooperative 
        agreements with other nations to advance space development.
            (11) Recommendations to Congress including--
                    (A) any legislative action to address Chinese 
                threats to the United States national space programs as 
                well as domestic commercial launch and satellite 
                industries;
                    (B) how the United States Government can best 
                utilize existing Federal entities to investigate and 
                prevent potentially harmful Chinese investment in the 
                United States commercial space industry;
                    (C) how the United States Government can bolster 
                domestic investment in space traffic management (STM) 
                to ensure the United States space industry seizes and 
                retains leadership status in STM services, standards, 
                and best practices; and
                    (D) how the United States Government can bolster 
                domestic investment in critical United States space 
                industry technologies.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 4. STRATEGY.

    (a) Requirement for Strategy.--Not later than 1 year after the 
submission of the report required in section 3, 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 effectively compete with other national space 
programs, maintain dominance in the emerging commercial space economy, 
and has market, regulatory, and other means available to address unfair 
competition from the PRC based on the findings in the report required 
in section 3.
    (b) Content of Strategy.--The strategy should include, at minimum, 
the following:
            (1) A long-term plan for developing the economic potential 
        of space, including but not limited to the industries and 
        sectors detailed in section 3 (b)(1)(A).
            (2) A plan to ensure the United States leads the creation 
        of international standards for interoperable commercial space 
        capabilities, including but not limited to the creation of a 
        space commodities exchange.
            (3) A plan to streamline and strengthen United States 
        cooperation with allies and partners in space.
            (4) An interagency strategy that includes but is not 
        limited to NASA, the Department of Defense, Department of 
        Transportation, Federal Aviation Administration, Department of 
        Commerce, Department of State, and Department of Energy to 
        defend United States supply chains and manufacturing capacity 
        critical to competitiveness in space.
            (5) A plan to ensure the Department of Defense has the 
        legal and other authorities required to protect United States 
        economic and security interests in space.
            (6) A plan to streamline and strengthen United States 
        cooperation with international allies and partners in space.
    (c) Form.--The strategy required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 5. DEFINITIONS.

    In this section, the following definitions apply:
            (1) Appropriate congressional committees of congress.--The 
        term ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Committee on Commerce, 
                Science, and Transportation of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Committee on Science, 
                Space, and Technology of the House of Representatives.
            (2) PRC.--The term ``PRC'' means the ``People's Republic of 
        China''.
            (3) Space commodities.--The term ``space commodities'' 
        means all commodities to be defined by the Space Commodities 
        Exchange for trading thereon, including but not limited to--
                    (A) raw materials;
                    (B) processed goods, such as rare earth minerals;
                    (C) services, such as services in Low Earth Orbit 
                or cislunar orbit for energy storage, launch, in-orbit 
                refueling, satellite imagery, telecommunications, and 
                debris removal;
                    (D) financial derivatives, such as supply and risk 
                transfer hedges; and
                    (E) financial indexes, such as an index for 
                commodities used in Low Earth Orbit or cis-lunar orbit.
            (4) Space commodities exchange.--The term ``Space 
        Commodities Exchange'' means an exchange licensed under the 
        Commodity Exchange Act of 1936 as amended (7 U.S.C. 1), or 
        another suitable Federal market regulatory scheme that serves 
        to enhance trading of commodities produced by, used in, or 
        derived or indexed to activities of the space economy.
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