Annual report on space capabilities of the People’s Republic of China

(a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter through the date that is three years after the date of submission of the first report under this subsection, the Secretary of Defense and the Secretary of Commerce shall jointly submit to the appropriate congressional committees a report on covered space capabilities of the People’s Republic of China. (b) Form Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Public availability Not later than the date on which the Secretary of Defense and the Secretary of Commerce submit to the appropriate congressional committees a report under subsection (a), the Secretary of Defense and the Secretary of Commerce shall jointly make the unclassified portion of the report publicly available on websites of the Department of Defense and the Department of Commerce. (d) Contents Each report under subsection (a) shall include the following: (1) An inventory of covered space capabilities of the People’s Republic of China, including a description, to the extent practicable, of capabilities of PRC-affiliated entities relating to the following: (A) Launch systems, including space launch vehicles, launch sites, and launch support infrastructure. (B) Satellites and spacecraft, including for— (i) intelligence, surveillance, and reconnaissance; (ii) navigation and positioning; and (iii) communications. (C) Space stations and human spaceflight capabilities. (D) Ground systems, including command and control, tracking, telemetry, and data receiving and processing. (2) An assessment of the readiness of the covered space capabilities described in paragraph (1), including an assessment of operational status, surge capacity, sustainment, resiliency, and the ability to support military and civil missions. (3) An assessment of counterspace capabilities of the People’s Republic of China, including capabilities of PRC-affiliated entities relating to the following: (A) Kinetic and nonkinetic antisatellite capabilities. (B) Electronic warfare, including jamming and spoofing. (C) Cyber capabilities affecting space systems, ground systems, and associated networks. (D) Rendezvous and proximity operations and other capabilities that could be used to interfere with or degrade the operation of spacecraft. (4) An assessment of the space industrial base and space-related supply chains of the People’s Republic of China, including significant dependencies, chokepoints, and constraints. (5) An assessment of pathways by which the People’s Republic of China and PRC-affiliated entities acquire space-related technology, expertise, components, and services, including through licit and illicit means. (6) A description of material changes during the one-year period preceding the date of the report in the covered space capabilities, readiness, counterspace capabilities, industrial base, and technology acquisition pathways described in paragraphs (1) through (5). (7) If the Secretary of Defense and the Secretary of Commerce include a classified annex under subsection (b), such annex shall include additional information the Secretaries determine appropriate, including information necessary to describe capabilities, readiness, or intent with greater specificity, consistent with the protection of sources and methods. (e) Consultation In preparing each report under subsection (a), the Secretary of Defense and the Secretary of Commerce shall consult with the Director of National Intelligence and the heads of other Federal departments and agencies the Secretaries determine appropriate. (f) Submission of classified annex The Secretary of Defense and the Secretary of Commerce shall submit any classified annex included with a report under subsection (b) only to the appropriate congressional committees, and shall submit such annex in accordance with applicable congressional and executive branch procedures for the handling of classified information. (g) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The Committee on Armed Services of the House of Representatives. (B) The Committee on Armed Services of the Senate. (C) The Committee on Appropriations of the House of Representatives. (D) The Committee on Appropriations of the Senate. (E) The Committee on Science, Space, and Technology of the House of Representatives. (F) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term control means the power, directly or indirectly, whether exercised or exercisable, to determine, direct, or decide important matters affecting an entity. (3) The term covered space capabilities means space-related capabilities, systems, infrastructure, or services, whether civil or military, relating to launch, satellites and spacecraft, space stations and human spaceflight, intelligence, surveillance, and reconnaissance, navigation and positioning, communications, or ground systems. (4) The term People’s Republic of China includes the Government of the People’s Republic of China, the Chinese Communist Party, and the People’s Liberation Army. (5) The term PRC-affiliated entity means any entity, wherever organized or operating, that— (A) is organized under the laws of the People’s Republic of China, including the laws of the Hong Kong Special Administrative Region or the Macao Special Administrative Region; (B) is owned or controlled by one or more PRC persons, the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army; or (C) acts on behalf of, at the direction of, or for the benefit of the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army. (6) The term PRC person means— (A) a citizen or national of the People’s Republic of China; (B) an entity organized under the laws of the People’s Republic of China, including the laws of the Hong Kong Special Administrative Region or the Macao Special Administrative Region; or (C) an entity owned or controlled by a person described in subparagraph (A) or (B).