I 

117TH CONGRESS 

2D SESSION H. R. 6391 

To ensure continued United States leadership in space and low-Earth orbit. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2022 

Mr. WEBER of Texas introduced the following bill; which was referred to the 

Committee on Science, Space, and Technology, and in addition to the 

Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To ensure continued United States leadership in space and 

low-Earth orbit. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘U.S. Leadership in Space Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 


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Sec. 101. Authorization of appropriations. 

TITLE II—HUMAN SPACEFLIGHT AND EXPLORATION 

Sec. 201. Competitiveness within the human landing system program. 

Sec. 202. Space launch system configurations. 

Sec. 203. Advanced spacesuits. 

Sec. 204. Acquisition of domestic space transportation and logistics resupply 

services. 

Sec. 205. Rocket engine test infrastructure. 

Sec. 206. Pearl River maintenance. 

Sec. 207. Value of International Space Station and capabilities in low-Earth 

orbit. 

Sec. 208. Extension and modification relating to International Space Station. 

Sec. 209. Department of Defense activities on International Space Station. 

Sec. 210. Commercial development in low-Earth orbit. 

Sec. 211. Maintaining a national laboratory in space. 

Sec. 212. International Space Station national laboratory; property rights in inventions. 

Sec. 213. Data first produced during non-NASA scientific use of the ISS national laboratory. 

Sec. 214. Steppingstone approach to exploration. 

Sec. 215. Technical amendments relating to Artemis missions. 

TITLE III—SAFETY AND TRANSPARENCY 

Sec. 301. Crew transportation safety. 

TITLE IV—U.S. NATIONAL SECURITY 

Sec. 401. Cybersecurity. 

Sec. 402. Exemption from the Iran, North Korea, and Syria Nonproliferation 

Act. 

Sec. 403. Limitation on cooperation with the People’s Republic of China. 

Sec. 404. Countering Chinese threats to U.S. activities in space. 

Sec. 405. Consideration of issues related to contracting with entities receiving 

assistance from or affiliated with the People’s Republic of 

China. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATION.—The term ‘‘Administra4 tion’’ means the National Aeronautics and Space 

5 Administration. 

6 (2) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the National 

8 Aeronautics and Space Administration. 


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1 (3) APPROPRIATE COMMITTEES OF CON2 GRESS.—Except as otherwise expressly provided, the 

3 term ‘‘appropriate committees of Congress’’ 

4 means— 

5 (A) the Committee on Commerce, Science, 

6 and Transportation of the Senate; and 

7 (B) the Committee on Science, Space, and 

8 Technology of the House of Representatives. 

9 (4) CISLUNAR SPACE.—The term ‘‘cislunar 

10 space’’ means the region of space beyond low-Earth 

11 orbit out to and including the region around the sur12 face of the Moon. 

13 (5) DEEP SPACE.—The term ‘‘deep space’’ 

14 means the region of space beyond low-Earth orbit, 

15 including cislunar space. 

16 (6) DEVELOPMENT COST.—The term ‘‘develop17 ment cost’’ has the meaning given the term in sec18 tion 30104 of title 51, United States Code. 

19 (7) ISS.—The term ‘‘ISS’’ means the Inter20 national Space Station. 

21 (8) ISS MANAGEMENT ENTITY.—The term 

22 ‘‘ISS management entity’’ means the organization 

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1 tional Aeronautics and Space Administration Au2 thorization Act of 2010 (42 U.S.C. 18354(a)). 

3 (9) NASA.—The term ‘‘NASA’’ means the Na4 tional Aeronautics and Space Administration. 

5 (10) ORION.—The term ‘‘Orion’’ means the 

6 multipurpose crew vehicle described in section 303 of 

7 the National Aeronautics and Space Administration 

8 Authorization Act of 2010 (42 U.S.C. 18323). 

9 (11) OSTP.—The term ‘‘OSTP’’ means the Of10 fice of Science and Technology Policy. 

11 (12) SPACE LAUNCH SYSTEM.—The term 

12 ‘‘Space Launch System’’ means the Space Launch 

13 System authorized under section 302 of the National 

14 Aeronautics and Space Administration Act of 2010 

15 (42 U.S.C. 18322). 

16 TITLE I—AUTHORIZATION OF 

17 APPROPRIATIONS 

18 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Ad20 ministration for fiscal year 2021 as follows: 

21 (1) For Exploration, $6,706,400,000. 

22 (2) For Space Operations, $3,988,200,000. 

23 (3) For Science, $7,274,700,000. 

24 (4) For Aeronautics, $828,700,000. 

25 (5) For Space Technology, $1,206,000,000. 


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1 (6) For Science, Technology, Engineering, and 

2 Mathematics Engagement, $120,000,000. 

3 (7) For Safety, Security, and Mission Services, 

4 $2,936,500,000. 

5 (8) For Construction and Environmental Com6 pliance and Restoration, $390,300,000. 

7 (9) For Inspector General, $44,200,000. 

8 TITLE II—HUMAN SPACEFLIGHT 

9 AND EXPLORATION 

10 SEC. 201. COMPETITIVENESS WITHIN THE HUMAN LANDING 

11 SYSTEM PROGRAM. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) the development of technologies that enable 

15 human exploration of the lunar surface and other ce16 lestial bodies; 

17 (2) commercial entities in the United States 

18 have made significant investment and progress to19 ward the development of human-class lunar landers; 

20 (3) NASA developed the Artemis program— 

21 (A) to fulfill the goal of landing United 

22 States astronauts, including the first woman 

23 and the next man, on the Moon; and 


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1 (B) to collaborate with commercial and 

2 international partners to establish sustainable 

3 lunar exploration by 2028; 

4 (4) in carrying out the Artemis program, the 

5 Administrator should ensure that the entire Artemis 

6 program is inclusive and representative of all people 

7 of the United States, including women and minori8 ties; and 

9 (5) maintaining multiple technically credible 

10 providers within NASA commercial programs is a 

11 best practice that reduces programmatic risk. 

12 (b) STATEMENT OF POLICY.—It shall be the policy 

13 of the United States— 

14 (1) to bolster the domestic space technology in15 dustrial base, using existing tools and authorities, 

16 particularly in areas central to competition between 

17 the United States and the People’s Republic of 

18 China; and 

19 (2) to mitigate threats and minimize challenges 

20 to the superiority of the United States in space tech21 nology, including lunar infrastructure and lander ca22 pabilities. 

23 (c) HUMAN LANDING SYSTEM PROGRAM.— 

24 (1) IN GENERAL.—Not later than 60 days after 

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1 ministrator shall maintain competitiveness within 

2 the human landing system program by funding de3 sign, development, testing, and evaluation for not 

4 fewer than 2 entities. 

5 (2) REQUIREMENTS.—In carrying out the 

6 human landing system program referred to in para7 graph (1), the Administrator shall, to the extent 

8 practicable— 

9 (A) encourage reusability and sustain10 ability of systems developed; and 

11 (B) offer existing capabilities and assets of 

12 NASA centers to support such partnerships. 

13 (3) BRIEFING.—Not later than 60 days after 

14 the date of the enactment of this division, the Ad15 ministrator shall provide to the appropriate commit16 tees of Congress a briefing on the implementation of 

17 paragraph (1). 

18 (4) AUTHORIZATION OF APPROPRIATIONS.—In 

19 addition to amounts otherwise appropriated for the 

20 Artemis program, for fiscal years 2021 through 

21 2025, there is authorized to be appropriated 

22 $10,032,000,000 to NASA to carry out the human 

23 landing system program. 

24 (5) SAVINGS.—The Administrator shall not, in 

25 order to comply with the obligations referred to in 


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1 paragraph (1), modify, terminate, or rescind any se2 lection decisions or awards made under the human 

3 landing system program that were announced prior 

4 to the date of the enactment of this division. 

5 (d) APPROPRIATE COMMITTEES OF CONGRESS DE6 FINED.—In this section, the term ‘‘appropriate commit7 tees of Congress’’ means— 

8 (1) the Committee on Commerce, Science, and 

9 Transportation and the Committee on Appropria10 tions of the Senate; and 

11 (2) the Committee on Science, Space, and 

12 Technology and the Committee on Appropriations of 

13 the House of Representatives. 

14 SEC. 202. SPACE LAUNCH SYSTEM CONFIGURATIONS. 

15 (a) MOBILE LAUNCH PLATFORM.—The Adminis16 trator is authorized to maintain 2 operational mobile 

17 launch platforms to enable the launch of multiple configu18 rations of the Space Launch System. 

19 (b) EXPLORATION UPPER STAGE.—To meet the ca20 pability requirements under section 302(c)(2) of the Na21 tional Aeronautics and Space Administration Authoriza22 tion Act of 2010 (42 U.S.C. 18322(c)(2)), the Adminis23 trator shall continue development of the Exploration 

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1 uled availability sufficient for use on the third launch of 

2 the Space Launch System. 

3 (c) BRIEFING.—Not later than 90 days after the date 

4 of the enactment of this division, the Administrator shall 

5 brief the appropriate committees of Congress on the devel6 opment and scheduled availability of the Exploration 

7 Upper Stage for the third launch of the Space Launch 

8 System. 

9 (d) MAIN PROPULSION TEST ARTICLE.—To meet the 

10 requirements under section 302(c)(3) of the National Aer11 onautics and Space Administration Authorization Act of 

12 2010 (42 U.S.C. 18322(c)(3)), the Administrator shall— 

13 (1) immediately on completion of the first full14 duration integrated core stage test of the Space 

15 Launch System, initiate development of a main pro16 pulsion test article for the integrated core stage pro17 pulsion elements of the Space Launch System, con18 sistent with cost and schedule constraints, particu19 larly for long-lead propulsion hardware needed for 

20 flight; 

21 (2) not later than 180 days after the date of 

22 the enactment of this division, submit to the appro23 priate committees of Congress a detailed plan for 

24 the development and operation of such main propul25 sion test article; and 


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1 (3) use existing capabilities of NASA centers 

2 for the design, manufacture, and operation of the 

3 main propulsion test article. 

4 SEC. 203. ADVANCED SPACESUITS. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that next-generation advanced spacesuits are a crit7 ical technology for human space exploration and use of 

8 low-Earth orbit, cislunar space, the surface of the Moon, 

9 and Mars. 

10 (b) DEVELOPMENT PLAN.—The Administrator shall 

11 establish a detailed plan for the development and manu12 facture of advanced spacesuits, consistent with the deep 

13 space exploration goals and timetables of NASA. 

14 (c) DIVERSE ASTRONAUT CORPS.—The Adminis15 trator shall ensure that spacesuits developed and manufac16 tured after the date of the enactment of this division are 

17 capable of accommodating a wide range of sizes of astro18 nauts so as to meet the needs of the diverse NASA astro19 naut corps. 

20 (d) ISS USE.—Throughout the operational life of the 

21 ISS, the Administrator should fully use the ISS for testing 

22 advanced spacesuits. 

23 (e) SPACESUIT TECHNOLOGY PARTNERSHIPS TO

24 FULLY MEET NASA’S NEEDS.— 


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1 (1) IN GENERAL.—In developing an advanced 

2 spacesuit, the Administrator shall, to the maximum 

3 extent practicable, partner with leverage the capa4 bilities unique to Johnson Space Center’s workforce 

5 and pursue agreements for design, development, and 

6 manufacturing of advanced spacesuits with 2 or 

7 more industry partners who are able to demonstrate 

8 design concepts at which meet all identified Agency 

9 requirements for advanced spacesuits, providing 

10 maximum consideration for the measurement of all 

11 associated design, development, manufacturing, and 

12 other costs weighted against EVA cadence and avail13 ability on ISS, future commercial platforms, and 

14 cislunar needs. 

15 (2) AGREEMENTS WITH PRIVATE ENTITIES.—In 

16 carrying out this subsection, the Administrator may 

17 enter into 2 or more agreements with 2 or more pri18 vate entities for the manufacture of advanced 

19 spacesuits, as the Administrator considers appro20 priate. 

21 (f) BRIEFING.—Not later than 180 days after the 

22 date of the enactment of this division, and semiannually 

23 thereafter until NASA procures advanced spacesuits 

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1 priate committees of Congress on the development plan 

2 in subsection (b). 

3 SEC. 204. ACQUISITION OF DOMESTIC SPACE TRANSPOR4 TATION AND LOGISTICS RESUPPLY SERV5 ICES. 

6 (a) IN GENERAL.—Except as provided in subsection 

7 (b), the Administrator shall not enter into any contract 

8 with a person or entity that proposes to use, or will use, 

9 a foreign launch provider for a commercial service to pro10 vide space transportation or logistics resupply for— 

11 (1) the ISS; or 

12 (2) any Government-owned or Government13 funded platform in Earth orbit or cislunar space, on 

14 the lunar surface, or elsewhere in space. 

15 (b) EXCEPTION.—The Administrator may enter into 

16 a contract with a person or an entity that proposes to use, 

17 or will use, a foreign launch provider for a commercial 

18 service to carry out an activity described in subsection (a) 

19 if— 

20 (1) a domestic vehicle or service is unavailable; 

21 or 

22 (2) the launch vehicle or service is a contribu23 tion by a partner to an international no-exchange-of24 funds collaborative effort. 


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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to prohibit the Administrator from 

3 entering into 1 or more no-exchange-of-funds collaborative 

4 agreements with an international partner in support of the 

5 deep space exploration plan of NASA. 

6 SEC. 205. ROCKET ENGINE TEST INFRASTRUCTURE. 

7 (a) IN GENERAL.—The Administrator shall continue 

8 to carry out a program to modernize rocket propulsion test 

9 infrastructure at NASA facilities— 

10 (1) to increase capabilities; 

11 (2) to enhance safety; 

12 (3) to support propulsion development and test13 ing; and 

14 (4) to foster the improvement of Government 

15 and commercial space transportation and explo16 ration. 

17 (b) PROJECTS.—Projects funded under the program 

18 described in subsection (a) may include— 

19 (1) infrastructure and other facilities and sys20 tems relating to rocket propulsion test stands and 

21 rocket propulsion testing; 

22 (2) enhancements to test facility capacity and 

23 flexibility; and 


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1 (3) such other projects as the Administrator 

2 considers appropriate to meet the goals described in 

3 that subsection. 

4 (c) REQUIREMENTS.—In carrying out the program 

5 under subsection (a), the Administrator shall— 

6 (1) prioritize investments in projects that en7 hance test and flight certification capabilities for 

8 large thrust-level atmospheric and altitude engines 

9 and engine systems, and multi-engine integrated test 

10 capabilities; 

11 (2) continue to make underutilized test facilities 

12 available for commercial use on a reimbursable 

13 basis; and 

14 (3) ensure that no project carried out under 

15 this program adversely impacts, delays, or defers 

16 testing or other activities associated with facilities 

17 used for Government programs, including— 

18 (A) the Space Launch System and the Ex19 ploration Upper Stage of the Space Launch 

20 System; 

21 (B) in-space propulsion to support explo22 ration missions; or 

23 (C) nuclear propulsion testing. 

24 (d) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall preclude a NASA program, including the Space 


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1 Launch System and the Exploration Upper Stage of the 

2 Space Launch System, from using the modernized test in3 frastructure developed under this section. 

4 (e) WORKING CAPITAL FUND STUDY.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this division, the 

7 Administrator shall submit to the appropriate com8 mittees of Congress a report on the use of the au9 thority under section 30102 of title 51, United 

10 States Code, to promote increased use of NASA 

11 rocket propulsion test infrastructure for research, 

12 development, testing, and evaluation activities by 

13 other Federal agencies, firms, associations, corpora14 tions, and educational institutions. 

15 (2) MATTERS TO BE INCLUDED.—The report 

16 required by paragraph (1) shall include the fol17 lowing: 

18 (A) An assessment of prior use, if any, of 

19 the authority under section 30102 of title 51, 

20 United States Code, to improve testing infra21 structure. 

22 (B) An analysis of any barrier to imple23 mentation of such authority for the purpose of 

24 promoting increased use of NASA rocket pro25 pulsion test infrastructure. 


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1 SEC. 206. PEARL RIVER MAINTENANCE. 

2 (a) IN GENERAL.—The Administrator shall coordi3 nate with the Chief of the Army Corps of Engineers to 

4 ensure the continued navigability of the Pearl River and 

5 Little Lake channels sufficient to support NASA barge op6 erations surrounding Stennis Space Center and the 

7 Michoud Assembly Facility. 

8 (b) REPORT TO CONGRESS.—Not later than 180 days 

9 after the date of the enactment of this division, the Ad10 ministrator shall submit to the appropriate committees of 

11 Congress a report on efforts under subsection (a). 

12 (c) APPROPRIATE COMMITTEES OF CONGRESS DE13 FINED.—In this section, the term ‘‘appropriate commit14 tees of Congress’’ means— 

15 (1) the Committee on Commerce, Science, and 

16 Transportation, the Committee on Environment and 

17 Public Works, and the Committee on Appropriations 

18 of the Senate; and 

19 (2) the Committee on Science, Space, and 

20 Technology, the Committee on Transportation and 

21 Infrastructure, and the Committee on Appropria22 tions of the House of Representatives. 

23 SEC. 207. VALUE OF INTERNATIONAL SPACE STATION AND 

24 CAPABILITIES IN LOW-EARTH ORBIT. 

25 (a) SENSE OF CONGRESS.—It is the sense of Con26 gress that— 


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1 (1) it is in the national and economic security 

2 interests of the United States to maintain a contin3 uous presence in low-Earth orbit, in perpetuity; 

4 (2) low-Earth orbit should be used as a test bed 

5 to advance human space exploration and scientific 

6 discoveries to advance human space exploration, sci7 entific discoveries, and commercial development; and 

8 (3) the ISS is a critical component of economic, 

9 commercial, and industrial development in low-Earth 

10 orbit. 

11 (b) HUMAN PRESENCE REQUIREMENT.—The United 

12 States shall continuously maintain the capability for a 

13 continuous human presence in low-Earth orbit through 

14 and beyond the useful life of the ISS. 

15 SEC. 208. EXTENSION AND MODIFICATION RELATING TO 

16 INTERNATIONAL SPACE STATION. 

17 (a) POLICY.—Section 501(a) of the National Aero18 nautics and Space Administration Authorization Act of 

19 2010 (42 U.S.C. 18351(a)) is amended by striking 

20 ‘‘2024’’ and inserting ‘‘2030’’. 

21 (b) MAINTENANCE OF UNITED STATES SEGMENT

22 AND ASSURANCE OF CONTINUED OPERATIONS.—Section 

23 503(a) of the National Aeronautics and Space Administra24 tion Authorization Act of 2010 (42 U.S.C. 18353(a)) is 


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1 amended by striking ‘‘September 30, 2024’’ and inserting 

2 ‘‘September 30, 2030’’. 

3 (c) RESEARCH CAPACITY ALLOCATION AND INTE4 GRATION OF RESEARCH PAYLOADS.—Section 504(d) of 

5 the National Aeronautics and Space Administration Au6 thorization Act of 2010 (42 U.S.C. 18354(d)) is amend7 ed— 

8 (1) in paragraph (1), in the first sentence— 

9 (A) by striking ‘‘As soon as practicable’’ 

10 and all that follows through ‘‘2011,’’ and in11 serting ‘‘The’’; and 

12 (B) by striking ‘‘September 30, 2024’’ and 

13 inserting ‘‘September 30, 2030’’; and 

14 (2) in paragraph (2), in the third sentence, by 

15 striking ‘‘September 30, 2024’’ and inserting ‘‘Sep16 tember 30, 2030’’. 

17 (d) MAINTENANCE OF USE.—Section 70907 of title 

18 51, United States Code, is amended— 

19 (1) in the section heading, by striking ‘‘2024’’ 

20 and inserting ‘‘2030’’; 

21 (2) in subsection (a), by striking ‘‘September 

22 30, 2024’’ and inserting ‘‘September 30, 2030’’; and 

23 (3) in subsection (b)(3), by striking ‘‘September 

24 30, 2024’’ and inserting ‘‘September 30, 2030’’. 


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1 (e) TRANSITION PLAN REPORTS.—Section 

2 50111(c)(2) of title 51, United States Code is amended— 

3 (1) in the matter preceding subparagraph (A), 

4 by striking ‘‘2023’’ and inserting ‘‘2028’’; and 

5 (2) in subparagraph (J), by striking ‘‘2028’’ 

6 and inserting ‘‘2030’’. 

7 (f) ELIMINATION OF INTERNATIONAL SPACE STA8 TION NATIONAL LABORATORY ADVISORY COMMITTEE.— 

9 Section 70906 of title 51, United States Code, is repealed. 

10 (g) CONFORMING AMENDMENTS.—Chapter 709 of 

11 title 51, United States Code, is amended— 

12 (1) by redesignating section 70907 as section 

13 70906; and 

14 (2) in the table of sections for the chapter, by 

15 striking the items relating to sections 70906 and 

16 70907 and inserting the following: 

‘‘70906. Maintaining use through at least 2030.’’. 

17 SEC. 209. DEPARTMENT OF DEFENSE ACTIVITIES ON 

18 INTERNATIONAL SPACE STATION. 

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

20 date of the enactment of this division, the Secretary of 

21 Defense shall— 

22 (1) identify and review each activity, program, 

23 and project of the Department of Defense com24 pleted, being carried out, or planned to be carried 

25 out on the ISS as of the date of the review; and 


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1 (2) provide to the appropriate committees of 

2 Congress a briefing that describes the results of the 

3 review. 

4 (b) APPROPRIATE COMMITTEES OF CONGRESS DE5 FINED.—In this section, the term ‘‘appropriate commit6 tees of Congress’’ means— 

7 (1) the Committee on Armed Services, the 

8 Committee on Appropriations, and the Committee on 

9 Commerce, Science, and Transportation of the Sen10 ate; and 

11 (2) the Committee on Armed Services, the 

12 Committee on Appropriations, and the Committee on 

13 Science, Space, and Technology of the House of 

14 Representatives. 

15 SEC. 210. COMMERCIAL DEVELOPMENT IN LOW-EARTH 

16 ORBIT. 

17 (a) STATEMENT OF POLICY.—It is the policy of the 

18 United States to encourage the development of a thriving 

19 and robust United States commercial sector in low-Earth 

20 orbit. 

21 (b) PREFERENCE FOR UNITED STATES COMMERCIAL

22 PRODUCTS AND SERVICES.—The Administrator shall con23 tinue to increase the use of assets, products, and services 

24 of private entities in the United States to fulfill the low25 Earth orbit requirements of the Administration. 


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1 (c) NONCOMPETITION.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the Administrator may not offer to a for4 eign person or a foreign government a spaceflight 

5 product or service relating to the ISS, if a com6 parable spaceflight product or service, as applicable, 

7 is offered by a private entity in the United States. 

8 (2) EXCEPTION.—The Administrator may offer 

9 a spaceflight product or service relating to the ISS 

10 to the government of a country that is a signatory 

11 to the Agreement Among the Government of Can12 ada, Governments of Member States of the Euro13 pean Space Agency, the Government of Japan, the 

14 Government of the Russian Federation, and the 

15 Government of the United States of America Con16 cerning Cooperation on the Civil International Space 

17 Station, signed at Washington January 29, 1998, 

18 and entered into force on March 27, 2001 (TIAS 

19 12927), including an international partner astronaut 

20 (as defined in section 50902 of title 51, United 

21 States Code) that is sponsored by the government of 

22 such a country. 

23 (d) SHORT-DURATION COMMERCIAL MISSIONS.—To 

24 provide opportunities for additional transport of astro25 nauts to the ISS and help establish a commercial market 


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1 in low-Earth orbit, the Administrator may permit short2 duration missions to the ISS for commercial passengers 

3 on a fully or partially reimbursable basis. 

4 (e) PROGRAM AUTHORIZATION.— 

5 (1) ESTABLISHMENT.—The Administrator shall 

6 establish a low-Earth orbit commercial development 

7 program to encourage the fullest commercial use and 

8 development of space by private entities in the 

9 United States. 

10 (2) ELEMENTS.—The program established 

11 under paragraph (1) shall, to the maximum extent 

12 practicable, include activities— 

13 (A) to stimulate demand for— 

14 (i) space-based commercial research, 

15 development, and manufacturing; 

16 (ii) spaceflight products and services; 

17 and 

18 (iii) human spaceflight products and 

19 services in low-Earth orbit; 

20 (B) to improve the capability of the ISS to 

21 accommodate commercial users; and 

22 (C) subject to paragraph (3), to foster the 

23 development of commercial space stations and 

24 habitats. 


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1 (3) COMMERCIAL SPACE STATIONS AND HABI2 TATS.— 

3 (A) PRIORITY.—With respect to an activity 

4 to develop a commercial space station or habi5 tat, the Administrator shall give priority to an 

6 activity for which a private entity provides a 

7 significant share of the cost to develop and op8 erate the activity. 

9 (B) REPORT.—Not later than 30 days 

10 after the date that an award or agreement is 

11 made to carry out an activity to develop a com12 mercial space station or habitat, the Adminis13 trator shall submit to the appropriate commit14 tees of Congress a report on the development of 

15 the commercial space station or habitat, as ap16 plicable, that includes— 

17 (i) a business plan that describes the 

18 manner in which the project will— 

19 (I) meet the future requirements 

20 of NASA for low-Earth orbit human 

21 space-flight services; and 

22 (II) fulfill the cost-share funding 

23 prioritization under subparagraph (A); 

24 and 


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1 (ii) a review of the viability of the 

2 operational business case, including— 

3 (I) the level of expected Govern4 ment participation; and 

5 (II) a list of anticipated non6 governmental an international cus7 tomers and associated contributions. 

8 SEC. 211. MAINTAINING A NATIONAL LABORATORY IN 

9 SPACE. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) the United States segment of the Inter13 national Space Station (as defined in section 70905 

14 of title 51, United States Code), which is designated 

15 as a national laboratory under section 70905(b) of 

16 title 51, United States Code— 

17 (A) benefits the scientific community and 

18 promotes commerce in space; 

19 (B) fosters stronger relationships among 

20 NASA and other Federal agencies, the private 

21 sector, and research groups and universities; 

22 (C) advances science, technology, engineer23 ing, and mathematics education through use of 

24 the unique microgravity environment; and 


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1 (D) advances human knowledge and inter2 national cooperation; 

3 (2) after the ISS is decommissioned, the United 

4 States should maintain a national microgravity lab5 oratory in space; 

6 (3) in maintaining a national microgravity lab7 oratory in space, the United States should make ap8 propriate accommodations for different types of own9 ership and operation arrangements for the ISS and 

10 future space stations; 

11 (4) to the maximum extent practicable, a na12 tional microgravity laboratory in space should be 

13 maintained in cooperation with international space 

14 partners; and 

15 (5) NASA should continue to support funda16 mental science research on future platforms in low17 Earth orbit and cislunar space, orbital and sub18 orbital flights, drop towers, and other microgravity 

19 testing environments. 

20 (b) REPORT.—The Administrator, in coordination 

21 with the National Space Council and other Federal agen22 cies as the Administrator considers appropriate, shall 

23 issue a report detailing the feasibility of establishing a 

24 microgravity national laboratory federally funded research 


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1 and development center to carry out activities relating to 

2 the study and use of in-space conditions. 

3 SEC. 212. INTERNATIONAL SPACE STATION NATIONAL LAB4 ORATORY; PROPERTY RIGHTS IN INVEN5 TIONS. 

6 (a) IN GENERAL.—Subchapter III of chapter 201 of 

7 title 51, United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘§ 20150. Property rights in designated inventions 

10 ‘‘(a) EXCLUSIVE PROPERTY RIGHTS.—Notwith11 standing section 3710a of title 15, chapter 18 of title 35, 

12 section 20135, or any other provision of law, a designated 

13 invention shall be the exclusive property of a user, and 

14 shall not be subject to a Government-purpose license, if— 

15 ‘‘(1)(A) the Administration is reimbursed under 

16 the terms of the contract for the full cost of a con17 tribution by the Federal Government of the use of 

18 Federal facilities, equipment, materials, proprietary 

19 information of the Federal Government, or services 

20 of a Federal employee during working hours, includ21 ing the cost for the Administration to carry out its 

22 responsibilities under paragraphs (1) and (4) of sec23 tion 504(d) of the National Aeronautics and Space 

24 Administration Authorization Act of 2010 (42 

25 U.S.C. 18354(d)); 


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1 ‘‘(B) Federal funds are not transferred to the 

2 user under the contract; and 

3 ‘‘(C) the designated invention was made (as de4 fined in section 20135(a))— 

5 ‘‘(i) solely by the user; or 

6 ‘‘(ii)(I) by the user with the services of a 

7 Federal employee under the terms of the con8 tract; and 

9 ‘‘(II) the Administration is reimbursed for 

10 such services under subparagraph (B); or 

11 ‘‘(2) the Administrator determines that the rel12 evant field of commercial endeavor is sufficiently im13 mature that granting exclusive property rights to the 

14 user is necessary to help bolster demand for prod15 ucts and services produced on crewed or crew-tended 

16 space stations. 

17 ‘‘(b) NOTIFICATION TO CONGRESS.—On completion 

18 of a determination made under paragraph (2), the Admin19 istrator shall submit to the appropriate committees of 

20 Congress a notification of the determination that includes 

21 a written justification. 

22 ‘‘(c) PUBLIC AVAILABILITY.—A determination or 

23 part of such determination under paragraph (1) shall be 

24 made available to the public on request, as required under 


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1 section 552 of title 5, United States Code (commonly re2 ferred to as the ‘Freedom of Information Act’). 

3 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to affect the rights of the Federal 

5 Government, including property rights in inventions, 

6 under any contract, except in the case of a written con7 tract with the Administration or the ISS management en8 tity for the performance of a designated activity. 

9 ‘‘(e) DEFINITIONS.—In this section— 

10 ‘‘(1) CONTRACT.—The term ‘contract’ has the 

11 meaning giving the term in section 20135(a). 

12 ‘‘(2) DESIGNATED ACTIVITY.—The term ‘des13 ignated activity’ means any non-NASA scientific use 

14 of the ISS national laboratory as described in sec15 tion 504 of the National Aeronautics and Space Ad16 ministration Authorization Act of 2010 (42 U.S.C. 

17 18354). 

18 ‘‘(3) DESIGNATED INVENTION.—The term ‘des19 ignated invention’ means any invention, product, or 

20 service conceived or first reduced to practice by any 

21 person in the performance of a designated activity 

22 under a written contract with the Administration or 

23 the ISS management entity. 

24 ‘‘(4) FULL COST.—The term ‘full cost’ means 

25 the cost of transporting materials or passengers to 


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1 and from the ISS, including any power needs, the 

2 disposal of mass, crew member time, stowage, power 

3 on the ISS, data downlink, crew consumables, and 

4 life support. 

5 ‘‘(5) GOVERNMENT-PURPOSE LICENSE.—The 

6 term ‘Government-purpose license’ means the res7 ervation by the Federal Government of an irrev8 ocable, nonexclusive, nontransferable, royalty-free li9 cense for the use of an invention throughout the 

10 world by or on behalf of the United States or any 

11 foreign government pursuant to a treaty or agree12 ment with the United States. 

13 ‘‘(6) ISS MANAGEMENT ENTITY.—The term 

14 ‘ISS management entity’ means the organization 

15 with which the Administrator enters into a coopera16 tive agreement under section 504(a) of the National 

17 Aeronautics and Space Administration Authorization 

18 Act of 2010 (42 U.S.C. 18354(a)). 

19 ‘‘(7) USER.—The term ‘user’ means a person, 

20 including a nonprofit organization or small business 

21 firm (as such terms are defined in section 201 of 

22 title 35), or class of persons that enters into a writ23 ten contract with the Administration or the ISS 

24 management entity for the performance of des25 ignated activities.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 201 of title 51, United States Code, is 

3 amended by inserting after the item relating to section 

4 20149 the following: 

‘‘20150. Property rights in designated inventions.’’. 

5 SEC. 213. DATA FIRST PRODUCED DURING NON-NASA SCI6 ENTIFIC USE OF THE ISS NATIONAL LABORA7 TORY. 

8 (a) DATA RIGHTS.—Subchapter III of chapter 201 

9 of title 51, United States Code, as amended by section 

10 212, is further amended by adding at the end the fol11 lowing: 

12 ‘‘§ 20151. Data rights 

13 ‘‘(a) NON-NASA SCIENTIFIC USE OF THE ISS NA14 TIONAL LABORATORY.—The Federal Government may not 

15 use or reproduce, or disclose outside of the Government, 

16 any data first produced in the performance of a designated 

17 activity under a written contract with the Administration 

18 or the ISS management entity, unless— 

19 ‘‘(1) otherwise agreed under the terms of the 

20 contract with the Administration or the ISS man21 agement entity, as applicable; 

22 ‘‘(2) the designated activity is carried out with 

23 Federal funds; 

24 ‘‘(3) disclosure is required by law; 


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1 ‘‘(4) the Federal Government has rights in the 

2 data under another Federal contract, grant, coopera3 tive agreement, or other transaction; or 

4 ‘‘(5) the data is— 

5 ‘‘(A) otherwise lawfully acquired or inde6 pendently developed by the Federal Govern7 ment; 

8 ‘‘(B) related to the health and safety of 

9 personnel on the ISS; or 

10 ‘‘(C) essential to the performance of work 

11 by the ISS management entity or NASA per12 sonnel. 

13 ‘‘(b) DEFINITIONS.—In this section: 

14 ‘‘(1) CONTRACT.—The term ‘contract’ has the 

15 meaning given the term under section 20135(a). 

16 ‘‘(2) DATA.— 

17 ‘‘(A) IN GENERAL.—The term ‘data’ 

18 means recorded information, regardless of form 

19 or the media on which it may be recorded. 

20 ‘‘(B) INCLUSIONS.—The term ‘data’ in21 cludes technical data and computer software. 

22 ‘‘(C) EXCLUSIONS.—The term ‘data’ does 

23 not include information incidental to contract 

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1 tive, cost or pricing, or management informa2 tion. 

3 ‘‘(3) DESIGNATED ACTIVITY.—The term ‘des4 ignated activity’ has the meaning given the term in 

5 section 20150. 

6 ‘‘(4) ISS MANAGEMENT ENTITY.—The term 

7 ‘ISS management entity’ has the meaning given the 

8 term in section 20150.’’. 

9 (b) SPECIAL HANDLING OF TRADE SECRETS OR

10 CONFIDENTIAL INFORMATION.—Section 20131(b)(2) of 

11 title 51, United States Code, is amended to read as fol12 lows: 

13 ‘‘(2) INFORMATION DESCRIBED.— 

14 ‘‘(A) ACTIVITIES UNDER AGREEMENT.— 

15 Information referred to in paragraph (1) is in16 formation that— 

17 ‘‘(i) results from activities conducted 

18 under an agreement entered into under 

19 subsections (e) and (f) of section 20113; 

20 and 

21 ‘‘(ii) would be a trade secret or com22 mercial or financial information that is 

23 privileged or confidential within the mean24 ing of section 552(b)(4) of title 5 if the in25 formation had been obtained from a nonVerDate Sep 11 2014 16:48 Jan 25, 2022 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H6391.IH H6391

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1 Federal party participating in such an 

2 agreement. 

3 ‘‘(B) CERTAIN DATA.—Information re4 ferred to in paragraph (1) includes data (as de5 fined in section 20151) that— 

6 ‘‘(i) was first produced by the Admin7 istration in the performance of any des8 ignated activity (as defined in section 

9 20150); and 

10 ‘‘(ii) would be a trade secret or com11 mercial or financial information that is 

12 privileged or confidential within the mean13 ing of section 552(b)(4) of title 5 if the 

14 data had been obtained from a non-Fed15 eral party.’’. 

16 (c) CONFORMING AMENDMENT.—The table of sec17 tions for chapter 201 of title 51, United States Code, as 

18 amended by section 212, is further amended by inserting 

19 after the item relating to section 20150 the following: 

‘‘20151. Data rights.’’. 

20 SEC. 214. STEPPINGSTONE APPROACH TO EXPLORATION. 

21 (a) IN GENERAL.—Section 70504 of title 51, United 

22 States Code, is amended to read as follows: 

23 ‘‘§ 70504. Steppingstone approach to exploration 

24 ‘‘(a) IN GENERAL.—The Administrator, in sustain25 able steps, may conduct missions to intermediate destinaVerDate Sep 11 2014 16:48 Jan 25, 2022 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H6391.IH H6391

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1 tions, such as the Moon, in accordance with section 

2 20302(b), and on a timetable determined by the avail3 ability of funding, in order to achieve the objective of 

4 human exploration of Mars specified in section 202(b)(5) 

5 of the National Aeronautics and Space Administration Au6 thorization Act of 2010 (42 U.S.C. 18312(b)(5)), if the 

7 Administrator— 

8 ‘‘(1) determines that each such mission dem9 onstrates or advances a technology or operational 

10 concept that will enable human missions to Mars; 

11 and 

12 ‘‘(2) incorporates each such mission into the 

13 human exploration roadmap under section 432 of 

14 the National Aeronautics and Space Administration 

15 Transition Authorization Act of 2017 (Public Law 

16 115–10; 51 U.S.C. 20302 note). 

17 ‘‘(b) CISLUNAR SPACE EXPLORATION ACTIVITIES.— 

18 In conducting a mission under subsection (a), the Admin19 istrator shall— 

20 ‘‘(1) use a combination of launches of the Space 

21 Launch System and space transportation services 

22 from United States commercial providers, as appro23 priate, for the mission; 

24 ‘‘(2) plan for not fewer than 1 Space Launch 

25 System launch annually beginning after the first 


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1 successful crewed launch of Orion on the Space 

2 Launch System; and 

3 ‘‘(3) establish an outpost in orbit around the 

4 Moon that— 

5 ‘‘(A) demonstrates technologies, systems, 

6 and operational concepts directly applicable to 

7 the space vehicle that will be used to transport 

8 humans to Mars; 

9 ‘‘(B) has the capability for periodic human 

10 habitation; and 

11 ‘‘(C) can function as a point of departure, 

12 return, or staging for Administration or non13 governmental or international partner missions 

14 to multiple locations on the lunar surface or 

15 other destinations. 

16 ‘‘(c) COST-EFFECTIVENESS.—To maximize the cost17 effectiveness of the long-term space exploration and utili18 zation activities of the United States, the Administrator 

19 shall take all necessary steps, including engaging non20 governmental and international partners, to ensure that 

21 activities in the Administration’s human space exploration 

22 program are balanced in order to help meet the require23 ments of future exploration and utilization activities lead24 ing to human habitation on the surface of Mars. 


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1 ‘‘(d) COMPLETION.—Within budgetary consider2 ations, once an exploration-related project enters its devel3 opment phase, the Administrator shall seek, to the max4 imum extent practicable, to complete that project without 

5 undue delay. 

6 ‘‘(e) INTERNATIONAL PARTICIPATION.—To achieve 

7 the goal of successfully conducting a crewed mission to 

8 the surface of Mars, the Administrator shall invite the 

9 partners in the ISS program and other nations, as appro10 priate, to participate in an international initiative under 

11 the leadership of the United States.’’. 

12 (b) DEFINITION OF CISLUNAR SPACE.—Section 

13 10101 of title 51, United States Code, is amended by add14 ing at the end the following: 

15 ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar 

16 space’ means the region of space beyond low-Earth 

17 orbit out to and including the region around the sur18 face of the Moon.’’. 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 Section 3 of the National Aeronautics and Space Adminis21 tration Authorization Act of 2010 (42 U.S.C. 18302) is 

22 amended by striking paragraphs (2) and (3) and inserting 

23 the following: 


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1 ‘‘(2) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘appropriate committees of Con3 gress’ means— 

4 ‘‘(A) the Committee on Commerce, 

5 Science, and Transportation of the Senate; and 

6 ‘‘(B) the Committee on Science, Space, 

7 and Technology of the House of Representa8 tives. 

9 ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar 

10 space’ means the region of space beyond low-Earth 

11 orbit out to and including the region around the sur12 face of the Moon.’’. 

13 SEC. 215. TECHNICAL AMENDMENTS RELATING TO 

14 ARTEMIS MISSIONS. 

15 (a) Section 421 of the National Aeronautics and 

16 Space Administration Authorization Act of 2017 (Public 

17 Law 115–10; 51 U.S.C. 20301 note) is amended— 

18 (1) in subsection (c)(3)— 

19 (A) by striking ‘‘EM–1’’ and inserting 

20 ‘‘Artemis I’’; 

21 (B) by striking ‘‘EM–2’’ and inserting 

22 ‘‘Artemis II’’; and 

23 (C) by striking ‘‘EM–3’’ and inserting 

24 ‘‘Artemis III’’; and 


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1 (2) in subsection (f)(3), by striking ‘‘EM–3’’ 

2 and inserting ‘‘Artemis III’’. 

3 (b) Section 432(b) of the National Aeronautics and 

4 Space Administration Authorization Act of 2017 (Public 

5 Law 115–10; 51 U.S.C. 20302 note) is amended— 

6 (1) in paragraph (3)(D)— 

7 (A) by striking ‘‘EM–1’’ and inserting 

8 ‘‘Artemis I’’; and 

9 (B) by striking ‘‘EM–2’’ and inserting 

10 ‘‘Artemis II’’; and 

11 (2) in paragraph (4)(C), by striking ‘‘EM–3’’ 

12 and inserting ‘‘Artemis III’’. 

13 TITLE III—SAFETY AND 

14 TRANSPARENCY 

15 SEC. 301. CREW TRANSPORTATION SAFETY. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) ensuring the safety of American astronauts 

19 is the top priority of NASA’s human spaceflight pro20 gram; 

21 (2) in efforts to meet deadlines to return hu22 mans to the Moon, NASA should take all steps nec23 essary to mitigate any and all risk to crew; and 

24 (3) it is the role of Congress to exercise pru25 dence in the use of taxpayer dollars and ensure 


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1 transparency to the taxpayer to the greatest extent 

2 possible. 

3 (b) IN GENERAL.—To ensure that NASA’s human 

4 exploration systems comply with the direction in this Act 

5 to have a shared safety standard that is consistent across 

6 all elements of the architecture, the Administrator shall— 

7 (1) implement a program to ensure that best 

8 practices, lessons learned and other information is 

9 shared across all elements of the human exploration 

10 program, including public-private partnerships and 

11 commercial service procurement; 

12 (2) require that any entity receiving funding for 

13 the development or operation of a human spaceflight 

14 element or activity make all necessary information 

15 available to NASA and the appropriate government 

16 oversight entities, including the NASA Advisory 

17 Committee and its subcommittees, the Aerospace 

18 Safety Advisory Committee and the relevant commit19 tees of Congress; and 

20 (3) produce a public report twice a year detail21 ing progress towards meeting or sustaining the 

22 shared safety standards and identifying areas, pro23 grams, or services where these standards have not 

24 been met or maintained, and the associated correc25 tive action to address these issues. 


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1 (c) REPORT.—Within 120 days of enactment, the Ad2 ministrator shall provide a report to the Committees on 

3 the implementation of this direction and how it plans to 

4 ensure these comparable safety standards are met 

5 throughout the development, test and operation of such 

6 systems. 

7 (d) CONGRESSIONAL NOTICE.— 

8 (1) Should any element of human exploration 

9 system architecture, whether owned and operated by 

10 NASA, developed and operated as a public-private 

11 partnership or procured as a commercial service, 

12 fails to meet the common safety standards estab13 lished, Congress shall be notified and receive a re14 port on corrective actions and options available to 

15 improve safety and resiliency of such system(s) with16 in 30 days. 

17 TITLE IV—U.S. NATIONAL 

18 SECURITY 

19 SEC. 401. CYBERSECURITY. 

20 (a) IN GENERAL.—Section 20301 of title 51, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘(c) CYBERSECURITY.—The Administrator shall up24 date and improve the cybersecurity of NASA space assets 

25 and supporting infrastructure.’’. 


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1 (b) SECURITY OPERATIONS CENTER.— 

2 (1) ESTABLISHMENT.—The Administrator shall 

3 maintain a Security Operations Center, to identify 

4 and respond to cybersecurity threats to NASA infor5 mation technology systems, including institutional 

6 systems and mission systems. 

7 (2) INSPECTOR GENERAL RECOMMENDA8 TIONS.—The Administrator shall implement, to the 

9 maximum extent practicable, each of the rec10 ommendations contained in the report of the Inspec11 tor General of NASA entitled ‘‘Audit of NASA’s Se12 curity Operations Center’’, issued on May 23, 2018. 

13 (c) CYBER THREAT HUNT.— 

14 (1) IN GENERAL.—The Administrator, in co15 ordination with the Secretary of Homeland Security 

16 and the heads of other relevant Federal agencies, 

17 may implement a cyber threat hunt capability to 

18 proactively search NASA information systems for 

19 advanced cyber threats that otherwise evade existing 

20 security tools. 

21 (2) THREAT-HUNTING PROCESS.—In carrying 

22 out paragraph (1), the Administrator shall develop 

23 and document a threat-hunting process, including 

24 the roles and responsibilities of individuals con25 ducting a cyber threat hunt. 


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1 (d) GAO PRIORITY RECOMMENDATIONS.—The Ad2 ministrator shall implement, to the maximum extent prac3 ticable, the recommendations for NASA contained in the 

4 report of the Comptroller General of the United States 

5 entitled ‘‘Information Security: Agencies Need to Improve 

6 Controls over Selected High-Impact Systems’’, issued May 

7 18, 2016, including— 

8 (1) re-evaluating security control assessments; 

9 and 

10 (2) specifying metrics for the continuous moni11 toring strategy of the Administration. 

12 SEC. 402. EXEMPTION FROM THE IRAN, NORTH KOREA, AND 

13 SYRIA NONPROLIFERATION ACT. 

14 Section 7(1) of the Iran, North Korea, and Syria 

15 Nonproliferation Act (Public Law 106–178; 50 U.S.C. 

16 1701 note) is amended, in the undesignated matter fol17 lowing subparagraph (B), by striking ‘‘December 31, 

18 2020’’ and inserting ‘‘December 31, 2030’’. 

19 SEC. 403. LIMITATION ON COOPERATION WITH THE PEO20 PLE’S REPUBLIC OF CHINA. 

21 (a) IN GENERAL.—Except as provided by subsection 

22 (b), the Administrator, the Director of the Office of 

23 Science and Technology Policy, and the Chair of the Na24 tional Space Council, shall not— 


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1 (1) develop, design, plan, promulgate, imple2 ment, or execute a bilateral policy, program, order, 

3 or contract of any kind to participate, collaborate, or 

4 coordinate bilaterally in any manner with— 

5 (A) the Government of the People’s Repub6 lic of China; or 

7 (B) any company— 

8 (i) owned by the Government of the 

9 People’s Republic of China; or 

10 (ii) incorporated under the laws of the 

11 People’s Republic of China; and 

12 (2) host official visitors from the People’s Re13 public of China at a facility belonging to or used by 

14 NASA. 

15 (b) WAIVER.— 

16 (1) IN GENERAL.—The Administrator, the Di17 rector, or the Chair may waive the limitation under 

18 subsection (a) with respect to an activity described 

19 in that subsection only if the Administrator, the Di20 rector, or the Chair, as applicable, makes a deter21 mination that the activity— 

22 (A) does not pose a risk of a transfer of 

23 technology, data, or other information with na24 tional security or economic security implications 


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1 to an entity described in paragraph (1) of such 

2 subsection; and 

3 (B) does not involve knowing interactions 

4 with officials who have been determined by the 

5 United States to have direct involvement with 

6 violations of human rights. 

7 (2) CERTIFICATION TO CONGRESS.—Not later 

8 than 30 days after the date on which a waiver is 

9 granted under paragraph (1), the Administrator, the 

10 Director, or the Chair, as applicable, shall submit to 

11 the Committee on Commerce, Science, and Trans12 portation and the Committee on Appropriations of 

13 the Senate and the Committee on Science, Space, 

14 and Technology and the Committee on Appropria15 tions of the House of Representatives a written cer16 tification that the activity complies with the require17 ments in subparagraphs (A) and (B) of that para18 graph. 

19 SEC. 404. COUNTERING CHINESE THREATS TO U.S. ACTIVI20 TIES IN SPACE. 

21 (a) FINDINGS.— 

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

23 China maintains, as a national priority, a global pro24 gram of theft and other misappropriation of intellec25 tual property, and unacceptable technology transfer 


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1 requirements, particularly in fields of high tech2 nology. 

3 (2) China is taking steps to establish a com4 manding position in the commercial launch and sat5 ellite sectors relying in part on aggressive state6 backed financing that market-driven companies can7 not match. 

8 (3) China has engaged in an aggressive cam9 paign to dominate sensitive markets such as germa10 nium wafer production, used for nearly all special11 ized satellite solar panels, allowing China ownership 

12 of over 70 percent of global germanium mining, re13 fining, and production. 

14 (4) China has begun focusing on the lunar sur15 face and cislunar space as priorities in its space pro16 gram, which is indistinguishable from its armed 

17 forces. 

18 (b) REPORT.—Not later than 90 days after the date 

19 of enactment, the Executive Secretary of the National 

20 Space Council shall submit to the appropriate committees 

21 of Congress a report that includes: 

22 (1) How China is harming the U.S. commercial 

23 space industry’s competitiveness and threatening 

24 U.S. national security. Specifically, the Executive 

25 Secretary shall investigate— 


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1 (A) theft of intellectual property through 

2 technology transfer requirements or otherwise; 

3 (B) Chinese efforts to seize control over 

4 critical elements of the space industry supply 

5 chain; 

6 (C) Chinese efforts to seize control over 

7 space industry companies, sister companies with 

8 shared leadership, or supply chain; and 

9 (D) U.S. cybersecurity weaknesses. 

10 (2) Current steps the United States is taking to 

11 protect its domestic space industry from Chinese in12 fluence. 

13 (3) Recommendations to Congress on legislative 

14 action necessary to address Chinese threats to the 

15 U.S. domestic commercial launch and satellite indus16 tries and improve U.S. efforts to counter threats to 

17 U.S. activities in space. 

18 (4) Recommendations on how the U.S. Govern19 ment can best utilize existing Federal entities to in20 vestigate and act against potentially harmful Chi21 nese investment into the U.S. commercial space in22 dustry, and how the U.S. Government can bolster 

23 domestic investment in critical U.S. space industry 

24 technologies. 


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1 SEC. 405. CONSIDERATION OF ISSUES RELATED TO CON2 TRACTING WITH ENTITIES RECEIVING AS3 SISTANCE FROM OR AFFILIATED WITH THE 

4 PEOPLE’S REPUBLIC OF CHINA. 

5 In considering any response to a request for a pro6 posal, request for information, broad area announcement, 

7 or any other form of request or solicitation, and in consid8 ering or undertaking any negotiation or conclusion of any 

9 contract, agreement, or other transaction with any com10 mercial or non-commercial entity, the Administrator shall, 

11 in consultation with appropriate Federal departments and 

12 agencies, take into account the implications of any benefit 

13 received by such commercial or non-commercial entity (or 

14 any other commercial or non-commercial entity related 

15 through ownership, control, or other affiliation to such en16 tity) as a result of a significant loan or other financial 

17 assistance provided by— 

18 (1) any governmental organization of the Peo19 ple’s Republic of China; or 

20 (2) any other entity that is— 

21 (A) majority owned or controlled by, or 

22 otherwise affiliated with, any governmental or23 ganization of the People’s Republic of China; or 

24 (B) organized under, or otherwise subject 

25 to, the laws of the People’s Republic of China. 

Æ 


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