§2279d Limitation on Construction on United States Territory of Satellite Positioning Ground Monitoring Stations of Certain Foreign Governments

Summary

The President cannot let a ground monitoring station for a foreign satellite navigation system be built in the United States unless the Secretary of Defense and the Director of National Intelligence both certify to the listed congressional committees that the station cannot be used to collect intelligence in the U.S. or to improve any foreign weapon. That certification must be given in unclassified form, but it can have a classified annex. Those two officials can jointly waive the certification if they say the waiver is vital to U.S. national security. If they waive it, they must make sure data are not encrypted, only U.S. persons build and run the site, the site is not near sensitive U.S. security locations, the U.S. approves all equipment, steps are taken to prevent cyber or intelligence threats, and any upgrades do not reduce or compete with the Global Positioning System’s advantages. They must give the committees named below a report explaining why the waiver was needed, the security impact, and how they will reduce risks, and must notify those committees at least 30 days before using the waiver. The committees are: Senate Armed Services, Senate Foreign Relations, Senate Select Committee on Intelligence, House Armed Services, House Foreign Affairs, and House Permanent Select Committee on Intelligence. The rule ends on December 31, 2023.