Sec. 1612. Foreign commercial satellite services: cybersecurity threats and launches

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Subsection

(a)of section 2279 of title 10, United States Code, is amended— in paragraph (1), by striking ; or and inserting a semicolon; in paragraph (2), by striking the period at the end and inserting: ; or ; and by adding at the end the following new paragraph: entering into such contract would create a cybersecurity risk for the Department of Defense. . Such section is amended— by redesignating subsections

(b)through

(e)as subsections

(c)through (f), respectively; and by inserting after subsection

(a)the following new subsection (b): In addition to the prohibition in subsection (a), and except as provided in subsection (c), the Secretary may not enter into a contract for satellite services with any entity if the Secretary reasonably believes that such satellite services will be provided using satellites that will be— designed or manufactured in a covered foreign country, or by an entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country; or launched using a launch vehicle that is designed or manufactured in a covered foreign country, or that is provided by the government of a covered foreign country or by an entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country, regardless of the location of the launch (unless such location is in the United States). The limitation in paragraph

(1)shall not— apply to launches in the United States using launch vehicles with engines designed or manufactured in or provided by any entity of the Russian Federation; or affect any other provision of law authorizing the use of Russian rocket engines within a United States launch vehicle. In this subsection, the term launch vehicle means a fully integrated space launch vehicle. . The prohibition in subsection

(b)of section 2279 of title 10, United States Code, as added by paragraph (1), shall not apply with respect to— a launch that occurred prior to the date that is six months after the date of the enactment of this Act; or a contract or other agreement relating to launch services that, prior to the date that is six months after the date of the enactment of this Act, was either fully paid for by the contractor or covered by a legally binding commitment of the contractor to pay for such services. Subsection

(f)of section 2279 of title 10, United States Code, as redesignated by subsection (b)(1)(A), is amended to read as follows: In this section: The term covered foreign country means any of the following: 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 Russian Federation. The term cybersecurity risk means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism. . Such section 2279 is further amended— in the section heading, by striking services and inserting ; services and foreign launches by striking subsection

(b)each place it appears and inserting subsection

(c); in subsection (a)(2), by striking launch or other ; in subsection (c), as redesignated by subsection (b)(1), by striking prohibition in subsection

(a)and inserting prohibitions in subsection

(a)and

(b); and in subsection (d), as so redesignated, by striking prohibition under subsection

(a)and inserting prohibition under subsection

(a)or

(b). The table of sections at the beginning of chapter 135 of title 10, United States Code, is amended by striking the item relating to section 2279 and inserting the following: 2279. Foreign commercial satellite services and foreign launches. . Except as provided by subsection (b)(2), the amendments made by this section shall apply with respect to contracts for satellite services awarded by the Secretary of Defense on or after the date of the enactment of this Act.

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Pub. L. 112-239
126 Stat. 2019

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Sec. 1612

Foreign commercial satellite services: cybersecurity threats and launches

Pub. L.Pub. L. 112-239

Stat.126 Stat. 2019

Cites 2Cited by 0 across 0 sources