II 

117TH CONGRESS 

1ST SESSION S. 3306 

To prohibit the purchase of certain telecommunications or aerospace goods 

or service from entities affiliated with the People’s Republic of China 

or the Russian Federation and to require reporting relating to investment 

by foreign persons in the aerospace industry in the United States, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 2, 2021 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To prohibit the purchase of certain telecommunications or 

aerospace goods or service from entities affiliated with 

the People’s Republic of China or the Russian Federation 

and to require reporting relating to investment by foreign 

persons in the aerospace industry in the United States, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Space Protection of 

5 American Command and Enterprise Act’’ or the ‘‘SPACE 

6 Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COVERED ENTITY.—The term ‘‘covered en4 tity’’ means an entity— 

5 (A) that is a United States business; and 

6 (B) the business of which relates to explo7 ration, manufacturing, telecommunications, or 

8 national security activities involving space. 

9 (2) FOREIGN PERSON.—The term ‘‘foreign per10 son’’ means a person that is not a United States 

11 person. 

12 (3) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ means— 

14 (A) a United States citizen or an alien law15 fully admitted to the United States for perma16 nent residence; and 

17 (B) an entity organized under the laws of 

18 the United States or any jurisdiction within the 

19 United States (including any foreign branch of 

20 such an entity). 

21 SEC. 3. REPORT ON SPACE INVESTMENT COMPETITION 

22 FROM THE PEOPLE’S REPUBLIC OF CHINA 

23 AND THE RUSSIAN FEDERATION. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of the enactment of this Act, the National Space 

26 Council shall submit to Congress a report on space investVerDate Sep 11 2014 23:21 Dec 09, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3306.IS S3306

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1 ment competition from the People’s Republic of China and 

2 the Russian Federation. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) A description of commercial investment ac6 tivities used by the People’s Republic of China and 

7 the Russian Federation to produce technologies and 

8 devices for space activities and programs, includ9 ing— 

10 (A) launch vehicles and technologies; 

11 (B) satellites and telecommunications 

12 equipment and services; 

13 (C) manned spaceships, cargo spaceships, 

14 deep space explorers, and space stations; 

15 (D) nuclear missiles, conventional ground16 to-ground missiles, and air and missile defense 

17 equipment; 

18 (E) space and zero-gravity manufacturing; 

19 (F) space-based precious minerals exca20 vation and exploration technologies; 

21 (G) space-based solar power technologies; 

22 and 

23 (H) any other critical technologies and in24 vestment activities as determined by the NaVerDate Sep 11 2014 01:45 Dec 08, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3306.IS S3306

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1 tional Space Council, particularly activities con2 ducted by— 

3 (i) China Aerospace Science and In4 dustry Corporation Limited; 

5 (ii) China Aerospace Science and 

6 Technology Corporation; 

7 (iii) the China National Space Admin8 istration; 

9 (iv) the BeiDou Satellite Navigation 

10 Experimental System; 

11 (v) the Government of the People’s 

12 Republic of China; or 

13 (vi) the People’s Liberation Army. 

14 (2) An assessment of military-civil fusion activi15 ties in the People’s Republic of China and the Rus16 sian Federation regarding space-related investments, 

17 including— 

18 (A) converting space-related technologies 

19 and resources to civilian entities; 

20 (B) increasing commercial enterprise par21 ticipation in space-related investments; and 

22 (C) using investment vehicles affiliated 

23 with the People’s Republic of China or the Rus24 sian Federation to acquire critical technologies 

25 in other countries. 


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1 (3) An assessment of and recommendation to 

2 strengthen the ability of the United States to protect 

3 the intellectual property and critical technologies of 

4 the United States regarding space-related invest5 ments from export, transfer, and foreign theft or 

6 imitation, particularly from entities affiliated with 

7 the Government of the People’s Republic of China or 

8 the Government of the Russian Federation. 

9 (4) A review and assessment of the research, 

10 technology, and commercial ties between the United 

11 States and the People’s Republic of China and the 

12 Russian Federation regarding space-related invest13 ments to assess exposure and risks that may con14 tribute to the development or enhancement of the 

15 space capabilities of the People’s Republic of China 

16 and the Russian Federation. 

17 (5) An interagency strategy— 

18 (A) to defend supply chains of the United 

19 States that are critical to competitiveness in 

20 space; and 

21 (B) to ensure that the United States re22 mains the preeminent commercial leader in the 

23 global space industry. 


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1 SEC. 4. PROHIBITION ON USE OF FUNDS TO PURCHASE 

2 CERTAIN TELECOMMUNICATIONS OR AERO3 SPACE GOODS OR SERVICE FROM ENTITIES 

4 ASSOCIATED WITH THE GOVERNMENT OF 

5 THE PEOPLE’S REPUBLIC OF CHINA OR THE 

6 COMMUNIST PARTY OF CHINA. 

7 No funds made available to the Department of Com8 merce or the National Aeronautics and Space Administra9 tion may be used to purchase or lease telecommunications 

10 or aerospace hardware or software equipment or services 

11 from any telecommunications or aerospace corporation, 

12 subsidiary, or affiliate associated with any of the following: 

13 (1) The Government of the People’s Republic of 

14 China. 

15 (2) The Communist Party of China. 

16 (3) The People’s Liberation Army. 

17 (4) The China National Space Administration. 

18 (5) China Aerospace Science and Industry Cor19 poration Limited. 

20 (6) China Aerospace Science and Technology 

21 Corporation. 

22 (7) The BeiDou Satellite Navigation Experi23 mental System. 

24 (8) Any Communist Chinese military company 

25 identified by the Secretary of Defense under section 

26 1237(b) of the Strom Thurmond National Defense 


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1 Authorization Act for Fiscal Year 1999 (50 U.S.C. 

2 1701 note; Public Law 105–261). 

3 SEC. 5. SEC REPORTING. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘Commission’’ means the Securi6 ties and Exchange Commission; 

7 (2) the term ‘‘Schedule 13D’’ means a state8 ment containing the information required under sec9 tion 240.13d–101 of title 17, Code of Federal Regu10 lations, or any successor regulation; and 

11 (3) the term ‘‘Schedule 13G’’ means a state12 ment containing the information required under sec13 tion 240.13d–102 of title 17, Code of Federal Regu14 lations, or any successor regulation. 

15 (b) REPORTING REQUIRED.—Notwithstanding sec16 tion 240.13d–1 of title 17, Code of Federal Regulations, 

17 or any successor regulation, the Commission shall require 

18 any person who, after acquiring directly or indirectly the 

19 beneficial ownership of any equity security of a class which 

20 is specified in paragraph (i) of such section 240.13d–1 and 

21 that is issued by a covered entity, is directly or indirectly 

22 the beneficial owner of more than 2 percent of the class, 

23 to file with the Commission Schedule 13D or Schedule 

24 13G, as determined under such section 240.13d–1. 


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1 (c) UPDATES TO RULES.—The Commission may 

2 make any updates to the rules of the Commission that 

3 may be necessary as a result of this section. 

4 SEC. 6. ANNUAL REPORT ON FOREIGN INVESTMENT IN 

5 UNITED STATES EXPLORATION, MANUFAC6 TURING, TELECOMMUNICATIONS, AND NA7 TIONAL SECURITY INVOLVING SPACE. 

8 (a) IN GENERAL.—Not later than 1 year after the 

9 date of the enactment of this Act, and annually thereafter, 

10 the Secretary of Defense, in coordination with the Sec11 retary of Commerce and the Secretary of the Treasury, 

12 shall submit to Congress a report on investment by foreign 

13 persons in activities conducted in the United States or by 

14 United States persons relating to exploration, manufac15 turing, telecommunications, or national security activities 

16 involving space. 

17 (b) ELEMENTS.—The report required by subsection 

18 (a) shall include— 

19 (1) the country of origin of the foreign person; 

20 (2) the source of funds for investment by the 

21 foreign person in space; and 

22 (3) any other information that the Secretary of 

23 Defense considers appropriate. 


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1 (c) FORM.—The report required by subsection (a) 

2 shall be submitted in unclassified form but may contain 

3 a classified annex. 

Æ 


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