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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 fol-
lowing 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Space Technology Ad-
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vancement Report (STAR) Act of 2020’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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(1) As stated in the United States-China Eco-
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nomic and Security Commission’s 2019 Report to
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Congress, the United States retains many advan-
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tages over the People’s Republic of China (PRC) in
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space, including—
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(A) the organization and technical exper-
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tise of its space program;
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(B) NASA’s national capabilities for
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human spaceflight and exploration;
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(C) its vibrant commercial space sector;
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(D) its long history of space leadership;
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and
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(E) many international partnerships.
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(2) The PRC seeks to establish a leading posi-
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tion in the economic and military use of outer space
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and views space as critical to its future security and
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economic interests.
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(3) The PRC’s national-level commitment to es-
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tablishing itself as a global space leader harms
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United States interests and threatens to undermine
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many of the advantages the United States has
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worked so long to establish.
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(4) For over 60 years, the United States has
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led the world in space exploration and human space
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flight through a robust national program that en-
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sures
NASA
develops
and
maintains
critical
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spaceflight systems to enable this leadership, includ-
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•HR 6388 IH
ing the Apollo program’s Saturn V rocket, the Space
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Shuttle, the International Space Station and the
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Space Launch System and Orion today.
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(5) A 2019 Defense Intelligence Agency noted
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in its ‘‘Challenges to U.S. Security in Space’’ report
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that the PRC was developing a national super-heavy
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lift rocket comparable to NASA’s Space Launch
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System.
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(6) The United States space program and com-
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mercial space sector risks being hollowed out by the
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PRC’s plans to attain leadership in key technologies.
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(7) It is in the economic and security interest
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of the United States to remain the global leader in
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space power.
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(8) A recent report by the Air Force Research
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Laboratory and the Defense Innovation Unit found
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that China’s strategy to bolster its domestic space
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industry includes a global program of theft and
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other misappropriation of intellectual property, di-
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rect integration of state-owned entities and their
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technology with commercial start-ups, the use of
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front companies to invest in United States space
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companies, vertical control of supply chains, and
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predatory pricing.
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(9) The United States Congress passed the
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Wolf Amendment as part of the Fiscal Year 2012
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Consolidated and Further Continuing Appropria-
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tions Act (Public Law 112–55) and every year there-
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after in response to the nefarious and offensive na-
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ture of Chinese activities in the space industry.
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SEC. 3. REPORT.
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(a) REQUIREMENT FOR REPORT.—Not later than 1
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year after the date of enactment of this Act, and updated
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each year thereafter, the National Space Council shall sub-
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mit to the appropriate congressional committees an inter-
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agency assessment of the United States ability to effec-
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tively compete with foreign space programs and in the
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emerging commercial space economy.
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(b) CONTENT OF REPORT.—The report must include,
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at minimum, the following:
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(1) United States national space program
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human exploration and spaceflight capabilities rel-
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ative to PRC national programs.
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(2) An assessment of—
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(A) the viability of extraction of space-
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based precious minerals, onsite exploitation of
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space-based natural resources, and utilization of
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space-based solar power;
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•HR 6388 IH
(B) a comparative assessment of the
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PRC’s programs related to these issues; and
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(C) an assessment of any potential terres-
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trial or space environmental impacts of space-
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based solar power.
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(3) An assessment of United States strategic
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interests in or related to cislunar space.
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(4) A comparative assessment of future United
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States space launch capabilities and those of the
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PRC.
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(5) The extent of foreign investment in the
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United States commercial space sector, especially in
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venture capital and other private equity investments
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that seek to work with the United States Govern-
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ment.
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(6) The steps by which NASA, the Department
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of Defense, and other United States Federal agen-
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cies conduct the necessary due diligence and security
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reviews prior to investing in private space entities
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that may have received funding from foreign invest-
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ment.
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(7) Current steps the United States Govern-
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ment is taking to protect its domestic space industry
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from Chinese influence.
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(8) An assessment of the U.S. Department of
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Defense’s current ability to guarantee the protection
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of commercial communications and navigation in
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space from the PRC’s growing counterspace capa-
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bilities, and any actions required to improve this ca-
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pability.
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(9) An assessment of how the PRC’s activities
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are impacting the United States commercial space
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industry’s competitiveness and United States na-
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tional security, including—
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(A) Chinese theft of United States intellec-
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tual property through technology transfer re-
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quirements or otherwise; and
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(B) Chinese efforts to seize control of crit-
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ical elements of the United States space indus-
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try supply chain and United States space indus-
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try companies or sister companies with shared
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leadership; and government cybersecurity capa-
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bilities.
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(10) An assessment of Chinese efforts to pursue
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cooperative agreements with other nations to ad-
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vance space development.
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(11) Recommendations to Congress including—
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(A) any legislative action to address Chi-
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nese threats to the United States national space
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•HR 6388 IH
programs as well as domestic commercial
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launch and satellite industries;
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(B) how the United States Government
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can best utilize existing Federal entities to in-
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vestigate and prevent potentially harmful Chi-
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nese investment in the United States commer-
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cial space industry;
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(C) how the United States Government can
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bolster domestic investment in space traffic
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management (STM) to ensure the United
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States space industry seizes and retains leader-
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ship status in STM services, standards, and
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best practices; and
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(D) how the United States Government
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can bolster domestic investment in critical
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United States space industry technologies.
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(c) FORM.—The report required under subsection (a)
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shall be submitted in unclassified form, but may include
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a classified annex.
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SEC. 4. STRATEGY.
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(a) REQUIREMENT FOR STRATEGY.—Not later than
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1 year after the submission of the report required in sec-
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tion 3, the President, in consultation with the National
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Space Council, shall develop and submit to the appropriate
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congressional committees a strategy to ensure the United
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•HR 6388 IH
States can effectively compete with other national space
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programs, maintain dominance in the emerging commer-
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cial space economy, and has market, regulatory, and other
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means available to address unfair competition from the
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PRC based on the findings in the report required in sec-
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tion 3.
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(b) CONTENT OF STRATEGY.—The strategy should
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include, at minimum, the following:
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(1) A long-term plan for developing the eco-
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nomic potential of space, including but not limited to
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the industries and sectors detailed in section 3
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(b)(1)(A).
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(2) A plan to ensure the United States leads
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the creation of international standards for interoper-
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able commercial space capabilities, including but not
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limited to the creation of a space commodities ex-
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change.
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(3) A plan to streamline and strengthen United
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States cooperation with allies and partners in space.
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(4) An interagency strategy that includes but is
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not limited to NASA, the Department of Defense,
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Department of Transportation, Federal Aviation Ad-
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ministration, Department of Commerce, Department
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of State, and Department of Energy to defend
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United States supply chains and manufacturing ca-
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pacity critical to competitiveness in space.
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(5) A plan to ensure the Department of De-
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fense has the legal and other authorities required to
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protect United States economic and security inter-
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ests in space.
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(6) A plan to streamline and strengthen United
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States cooperation with international allies and part-
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ners in space.
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(c) FORM.—The strategy required under subsection
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(a) shall be submitted in unclassified form, but may in-
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clude a classified annex.
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SEC. 5. DEFINITIONS.
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In this section, the following definitions apply:
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES OF CONGRESS.—The term ‘‘appropriate con-
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gressional committees’’ means—
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(A) the Committee on Armed Services, the
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Committee on Foreign Relations, and the Com-
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mittee on Commerce, Science, and Transpor-
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tation of the Senate; and
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(B) the Committee on Armed Services, the
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Committee on Foreign Affairs, and the Com-
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mittee on Science, Space, and Technology of
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the House of Representatives.
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(2) PRC.—The term ‘‘PRC’’ means the ‘‘Peo-
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ple’s Republic of China’’.
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(3) SPACE
COMMODITIES.—The term ‘‘space
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commodities’’ means all commodities to be defined
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by the Space Commodities Exchange for trading
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thereon, including but not limited to—
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(A) raw materials;
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(B) processed goods, such as rare earth
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minerals;
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(C) services, such as services in Low Earth
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Orbit or cislunar orbit for energy storage,
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launch, in-orbit refueling, satellite imagery, tele-
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communications, and debris removal;
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(D) financial derivatives, such as supply
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and risk transfer hedges; and
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(E) financial indexes, such as an index for
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commodities used in Low Earth Orbit or cis-
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lunar orbit.
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(4) SPACE
COMMODITIES
EXCHANGE.—The
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term ‘‘Space Commodities Exchange’’ means an ex-
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change licensed under the Commodity Exchange Act
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of 1936 as amended (7 U.S.C. 1), or another suit-
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able Federal market regulatory scheme that serves
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to enhance trading of commodities produced by,
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used in, or derived or indexed to activities of the
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space economy.
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