§ 30701 — Competitiveness And International Cooperation

(1) As part of the evaluation of the costs and benefits of entering into an obligation to conduct a space mission in which a foreign entity will participate as a supplier of the spacecraft, spacecraft system, or launch system, the Administrator shall solicit comment on the potential impact of such participation through notice published in Commerce Business Daily at least 45 days before entering into such an obligation. (2) The Administrator shall certify to Congress at least 15 days in advance of any cooperative agreement with the People’s Republic of China, or any company owned by the People’s Republic of China or incorporated under the laws of the People’s Republic of China, involving spacecraft, spacecraft systems, launch systems, or scientific or technical information, that— (A) the agreement is not detrimental to the United States space launch industry; and (B) the agreement, including any indirect technical benefit that could be derived from the agreement, will not improve the missile or space launch capabilities of the People’s Republic of China. (3) The Inspector General of the Administration, in consultation with appropriate agencies, shall conduct an annual audit of the policies and procedures of the Administration with respect to the export of technologies and the transfer of scientific and technical information, to assess the extent to which the Administration is carrying out its activities in compliance with Federal export control laws and with paragraph (2). (1) In this subsection, the term “United States commercial provider” means a commercial provider (as defined in section 30308(a) of this title), organized under the laws of the United States or of a State (as defined in section 30308(a) of this title), which is— (A) more than 50 percent owned by United States nationals; or (B) a subsidiary of a foreign company and the Secretary of Commerce finds that— (i) such subsidiary has in the past evidenced a substantial commitment to the United States market through— (I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and (II) significant contributions to employment in the United States; and (ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company’s subsidiary in the United States, as evidenced by— (I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government sponsored research and development similar to that authorized under this section, section 30307, 30308, 30309, or 30702 of this title, or the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1577); (II) providing no barriers to companies described in subparagraph (A) with respect to local investment opportunities that are not provided to foreign companies in the United States; and (III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A). (2) Before entering into an obligation described in subsection (a), the Administrator shall consider the national interests of the United States described in paragraph (3) of this subsection. (3) International cooperation in space exploration and science activities most effectively serves the United States national interest when it— (i) reduces the cost of undertaking missions the United States Government would pursue unilaterally; (ii) enables the United States to pursue missions that it could not otherwise afford to pursue unilaterally; or (iii) enhances United States capabilities to use and develop space for the benefit of United States citizens; (B) is undertaken in a manner that is sensitive to the desire of United States commercial providers to develop or explore space commercially; (C) is consistent with the need for Federal agencies to use space to complete their missions; and (D) is carried out in a manner consistent with United States export control laws.