SPACE Act
Bill: S.3306 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Science, Technology, Communications

Summary:
Space Protection of American Command and Enterprise Act or the SPACE Act
This bill prohibits the purchase of certain telecommunications or aerospace equipment and services from China and requires reporting on investment by foreign persons in U.S. space companies.
The National Space Council shall submit a specified report to Congress on space investment competition from China and Russia.
No funds made available to the Department of Commerce or the National Aeronautics and Space Administration (NASA) may be used to purchase or lease telecommunications or aerospace hardware or software equipment or services from any telecommunications or aerospace corporation, subsidiary, or affiliate associated with China or the Communist Party of China.
The bill reduces the threshold beyond which a person must report to the Securities and Exchange Commission the acquisition of shares in a U.S. space company. Currently, a person must make such a report when that person's ownership exceeds 5% of a company's total issue of stock. This bill reduces that to 2% for the acquisition of shares in such a company.
The Department of Defense, in coordination with Commerce and the Department of the Treasury, shall submit annual reports to Congress on investment by foreign persons in activities conducted in the United States or by U.S. persons related to exploration, manufacturing, telecommunications, or national security activities involving space.

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.

    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 Protection of American Command 
and Enterprise Act'' or the ``SPACE Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered entity.--The term ``covered entity'' means an 
        entity--
                    (A) that is a United States business; and
                    (B) the business of which relates to exploration, 
                manufacturing, telecommunications, or national security 
                activities involving space.
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence; 
                and
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States (including any foreign branch of such an 
                entity).

SEC. 3. REPORT ON SPACE INVESTMENT COMPETITION FROM THE PEOPLE'S 
              REPUBLIC OF CHINA AND THE RUSSIAN FEDERATION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the National Space Council shall submit to 
Congress a report on space investment competition from the People's 
Republic of China and the Russian Federation.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of commercial investment activities used 
        by the People's Republic of China and the Russian Federation to 
        produce technologies and devices for space activities and 
        programs, including--
                    (A) launch vehicles and technologies;
                    (B) satellites and telecommunications equipment and 
                services;
                    (C) manned spaceships, cargo spaceships, deep space 
                explorers, and space stations;
                    (D) nuclear missiles, conventional ground-to-ground 
                missiles, and air and missile defense equipment;
                    (E) space and zero-gravity manufacturing;
                    (F) space-based precious minerals excavation and 
                exploration technologies;
                    (G) space-based solar power technologies; and
                    (H) any other critical technologies and investment 
                activities as determined by the National Space Council, 
                particularly activities conducted by--
                            (i) China Aerospace Science and Industry 
                        Corporation Limited;
                            (ii) China Aerospace Science and Technology 
                        Corporation;
                            (iii) the China National Space 
                        Administration;
                            (iv) the BeiDou Satellite Navigation 
                        Experimental System;
                            (v) the Government of the People's Republic 
                        of China; or
                            (vi) the People's Liberation Army.
            (2) An assessment of military-civil fusion activities in 
        the People's Republic of China and the Russian Federation 
        regarding space-related investments, including--
                    (A) converting space-related technologies and 
                resources to civilian entities;
                    (B) increasing commercial enterprise participation 
                in space-related investments; and
                    (C) using investment vehicles affiliated with the 
                People's Republic of China or the Russian Federation to 
                acquire critical technologies in other countries.
            (3) An assessment of and recommendation to strengthen the 
        ability of the United States to protect the intellectual 
        property and critical technologies of the United States 
        regarding space-related investments from export, transfer, and 
        foreign theft or imitation, particularly from entities 
        affiliated with the Government of the People's Republic of 
        China or the Government of the Russian Federation.
            (4) A review and assessment of the research, technology, 
        and commercial ties between the United States and the People's 
        Republic of China and the Russian Federation regarding space-
        related investments to assess exposure and risks that may 
        contribute to the development or enhancement of the space 
        capabilities of the People's Republic of China and the Russian 
        Federation.
            (5) An interagency strategy--
                    (A) to defend supply chains of the United States 
                that are critical to competitiveness in space; and
                    (B) to ensure that the United States remains the 
                preeminent commercial leader in the global space 
                industry.

SEC. 4. PROHIBITION ON USE OF FUNDS TO PURCHASE CERTAIN 
              TELECOMMUNICATIONS OR AEROSPACE GOODS OR SERVICE FROM 
              ENTITIES ASSOCIATED WITH THE GOVERNMENT OF THE PEOPLE'S 
              REPUBLIC OF CHINA OR THE COMMUNIST PARTY OF CHINA.

    No funds made available to the Department of Commerce or the 
National Aeronautics and Space Administration may be used to purchase 
or lease telecommunications or aerospace hardware or software equipment 
or services from any telecommunications or aerospace corporation, 
subsidiary, or affiliate associated with any of the following:
            (1) The Government of the People's Republic of China.
            (2) The Communist Party of China.
            (3) The People's Liberation Army.
            (4) The China National Space Administration.
            (5) China Aerospace Science and Industry Corporation 
        Limited.
            (6) China Aerospace Science and Technology Corporation.
            (7) The BeiDou Satellite Navigation Experimental System.
            (8) Any Communist Chinese military company identified by 
        the Secretary of Defense under section 1237(b) of the Strom 
        Thurmond National Defense Authorization Act for Fiscal Year 
        1999 (50 U.S.C. 1701 note; Public Law 105-261).

SEC. 5. SEC REPORTING.

    (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Securities and 
        Exchange Commission;
            (2) the term ``Schedule 13D'' means a statement containing 
        the information required under section 240.13d-101 of title 17, 
        Code of Federal Regulations, or any successor regulation; and
            (3) the term ``Schedule 13G'' means a statement containing 
        the information required under section 240.13d-102 of title 17, 
        Code of Federal Regulations, or any successor regulation.
    (b) Reporting Required.--Notwithstanding section 240.13d-1 of title 
17, Code of Federal Regulations, or any successor regulation, the 
Commission shall require any person who, after acquiring directly or 
indirectly the beneficial ownership of any equity security of a class 
which is specified in paragraph (i) of such section 240.13d-1 and that 
is issued by a covered entity, is directly or indirectly the beneficial 
owner of more than 2 percent of the class, to file with the Commission 
Schedule 13D or Schedule 13G, as determined under such section 240.13d-
1.
    (c) Updates to Rules.--The Commission may make any updates to the 
rules of the Commission that may be necessary as a result of this 
section.

SEC. 6. ANNUAL REPORT ON FOREIGN INVESTMENT IN UNITED STATES 
              EXPLORATION, MANUFACTURING, TELECOMMUNICATIONS, AND 
              NATIONAL SECURITY INVOLVING SPACE.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Defense, in coordination with the Secretary of Commerce and the 
Secretary of the Treasury, shall submit to Congress a report on 
investment by foreign persons in activities conducted in the United 
States or by United States persons relating to exploration, 
manufacturing, telecommunications, or national security activities 
involving space.
    (b) Elements.--The report required by subsection (a) shall 
include--
            (1) the country of origin of the foreign person;
            (2) the source of funds for investment by the foreign 
        person in space; and
            (3) any other information that the Secretary of Defense 
        considers appropriate.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form but may contain a classified annex.
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