Sec. 1605. Foreign commercial satellite services

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Chapter 135 of title 10, United States Code, as amended by section 911(b) of this Act, is further amended by adding at the end the following new section: The Secretary of Defense may not enter into a contract for satellite services with a foreign entity if— the foreign entity is an entity in which the government of a covered foreign country has an ownership interest; or the foreign entity plans to or is expected to provide launch or other satellite services under the contract from a covered foreign country. The Secretary of Defense may waive subsection

(a)for a particular contract if the Secretary, in consultation with the Director of National Intelligence, submits to the congressional defense committees a national security assessment for such contract that includes the following: The projected period of performance (including any period covered by options to extend the contract), the financial terms, and a description of the services to be provided under the contract. To the extent practicable, a description of the ownership interest that a covered foreign country has in the foreign entity providing satellite services to the Department of Defense under the contract and the launch or other satellite services that will be provided in a covered foreign country under the contract. A justification for entering into a contract with such foreign entity and a description of the actions necessary to eliminate the need to enter into such a contract with such foreign entity in the future. A risk assessment of entering into a contract with such foreign entity, including an assessment of mission assurance and security of information and a description of any measures necessary to mitigate risks found by such risk assessment. The Secretary of Defense may only delegate the authority under subsection

(b)to waive subsection

(a)to the Deputy Secretary of Defense, the Under Secretary of Defense for Policy, or the Under Secretary of Defense for Acquisition, Technology, and Logistics and such authority may not be further delegated. Each assessment under subsection

(b)shall be submitted in unclassified form, but may include a classified annex. In this section, the term covered foreign country means a country described in section 1261(c)(2) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 2019). . The table of sections at the beginning of such chapter, as amended by section 911(c) of this Act, is further amended by adding at the end the following item: 2279. Foreign commercial satellite services. .

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Pub. L. 112-239
126 Stat. 2019

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Sec. 1605

Foreign commercial satellite services

Pub. L.Pub. L. 112-239

Stat.126 Stat. 2019

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