§2279 Foreign Commercial Satellite Services and Foreign Launches

Summary

Stops the Defense Department from signing contracts for satellite services with some foreign companies unless certain conditions are met. The Secretary of Defense must not hire a foreign entity if the government of a covered foreign country can own or control it in a way that affects satellite operations, if the services will be provided from a covered foreign country, or if the contract would create an unacceptable cybersecurity risk. The Secretary also must not use satellites that are designed or made in a covered foreign country, or launched on a launch vehicle designed, made, or provided by a covered foreign country or its agents, unless the launch is in the United States. The rules do not apply to launches before December 31, 2022, or to launch contracts paid for or covered by a firm payment commitment by the contractor made before the date that is 180 days after the date of the enactment of this subsection. The Secretary can override these bans for U.S. national security, but must, at least 7 days before signing, send a national security assessment to the congressional defense committees prepared with the Director of National Intelligence that lists contract terms, ownership details, justification, and a risk and mitigation plan. Authority to allow such contracts can only be given to the Deputy Secretary of Defense, the Under Secretary for Policy, or the Under Secretary for Acquisition and Sustainment and not passed further. Assessments must be unclassified but can have a classified annex. Defined terms: covered foreign country = countries listed in section 1261(c)(2) of the National Defense Authorization Act for Fiscal Year 2013 and the Russian Federation; launch vehicle = a fully integrated space launch vehicle; cybersecurity risk = threats to information or information systems from unauthorized access, use, disruption, or destruction, including acts of terrorism.