1. U.S. Code
  2. title 10
  3. subtitle A
  4. part IV
  5. chapter 135
  6. § 2278

Collapse to view only § 2278. Notification of foreign interference of national security space

§ 2271. Management of space programs: joint program offices and officer management programs
(a)Joint Program Offices.—The Secretary of Defense shall take appropriate actions to ensure, to the maximum extent practicable, that space development and acquisition programs of the Department of Defense are carried out through joint program offices.
(b)Officer Management Programs.—
(1) The Secretary of Defense shall take appropriate actions to ensure, to the maximum extent practicable, that—
(A) Army, Navy, and Marine Corps officers, as well as Air Force officers, are assigned to the space development and acquisition programs of the Department of Defense; and
(B) Army, Navy, and Marine Corps officers, as well as Air Force officers, are eligible, on the basis of qualification, to hold leadership positions within the joint program offices referred to in subsection (a).
(2) The Secretary of Defense shall designate those positions in the Office of the National Security Space Architect of the Department of Defense (or any successor office) that qualify as joint duty assignment positions for purposes of chapter 38 of this title.
(Added Pub. L. 107–107, div. A, title IX, § 911(a), Dec. 28, 2001, 115 Stat. 1195.)

CITE AS: 10 USC 2271

§ 2272. Space science and technology strategy: coordination

The Secretary of Defense and the Director of National Intelligence shall jointly develop and implement a space science and technology strategy and shall review and, as appropriate, revise the strategy biennially. Functions of the Secretary under this section shall be carried out jointly by the Under Secretary of Defense for Research and Engineering and the official of the Department of Defense designated as the Department of Defense Executive Agent for Space.1

1 See Transfer of Functions note below.

(Added Pub. L. 108–136, div. A, title IX, § 911(a)(1), Nov. 24, 2003, 117 Stat. 1563; amended Pub. L. 111–84, div. A, title IX, § 911(a)(1)–(3), Oct. 28, 2009, 123 Stat. 2428, 2429; Pub. L. 111–383, div. A, title IX, § 901(j)(2), Jan. 7, 2011, 124 Stat. 4324; Pub. L. 114–92, div. A, title XVI, § 1604, Nov. 25, 2015, 129 Stat. 1098; Pub. L. 116–92, div. A, title IX, § 902(28), Dec. 20, 2019, 133 Stat. 1546.)

CITE AS: 10 USC 2272

§ 2273. Policy regarding assured access to space: national security payloads
(a)Policy.—It is the policy of the United States for the President to undertake actions appropriate to ensure, to the maximum extent practicable, that the United States has the capabilities necessary to launch and insert United States national security payloads into space whenever such payloads are needed in space.
(b)Included Actions.—The appropriate actions referred to in subsection (a) shall include, at a minimum, providing resources and policy guidance to sustain—
(1) the availability of at least two space launch vehicles (or families of space launch vehicles) capable of delivering into space any payload designated by the Secretary of Defense or the Director of National Intelligence as a national security payload;
(2) a robust space launch infrastructure and industrial base; and
(3) the availability of rapid, responsive, and reliable space launches for national security space programs to—
(A) improve the responsiveness and flexibility of a national security space system;
(B) lower the costs of launching a national security space system; and
(C) maintain risks of mission success at acceptable levels.
(c)Coordination.—The Secretary of Defense shall, to the maximum extent practicable, pursue the attainment of the capabilities described in subsection (a) in coordination with the Administrator of the National Aeronautics and Space Administration and the Director of National Intelligence.
(Added Pub. L. 108–136, div. A, title IX, § 912(a)(1), Nov. 24, 2003, 117 Stat. 1565; Pub. L. 110–181, div. A, title IX, § 931(a)(12), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, § 932(a)(11), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, § 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 115–232, div. A, title XVI, § 1603(a), Aug. 13, 2018, 132 Stat. 2105; Pub. L. 116–92, div. A, title XVII, § 1731(a)(34), Dec. 20, 2019, 133 Stat. 1814.)

CITE AS: 10 USC 2273

§ 2273a. Space Rapid Capabilities Office
(a)In General.—There is within the Space Force a program office known as the Space Rapid Capabilities Office (in this section referred to as the “Office”). The facilities of the Office may not be co-located with the headquarters facilities of the Air Force Space and Missile Systems Center.
(b)Head of Office.—The head of the Office shall be the designee of the Secretary of the Air Force. The head of the Office shall report to the Chief of Space Operations.
(c)Mission.—The mission of the Office shall be—
(1) to contribute to the development of low-cost, rapid reaction payloads, busses, launch, and launch control capabilities in order to fulfill joint military operational requirements for on-demand space support and reconstitution;
(2) to coordinate and execute space rapid capabilities efforts across the Department of Defense with respect to planning, acquisition, and operations; and
(3) to rapidly develop and field new classified space capabilities.
(d)Acquisition Authority.—The acquisition activities of the Office shall be subject to the following:
(1) The Secretary of the Air Force shall designate the acquisition executive of the Office who shall provide streamlined acquisition authorities for projects of the Office.
(2) The Joint Capabilities Integration and Development System process shall not apply to acquisitions by the Office.
(e)Required Program Element.—
(1) The Secretary of the Air Force shall ensure, within budget program elements for space programs, that—
(A) there are separate, dedicated unclassified and classified program elements for space rapid capabilities; and
(B) the Office executes the responsibilities of the Office through such program elements.
(2) The Office shall manage the program elements required by paragraph (1).
(f)Board of Directors.—The Secretary of the Air Force shall establish for the Office a Board of Directors (to be known as the “Space Rapid Capabilities Board of Directors”) to provide coordination, oversight, and approval of projects of the Office.
(Added Pub. L. 108–375, div. A, title IX, § 913(a)(1), Oct. 28, 2004, 118 Stat. 2028; amended Pub. L. 109–364, div. A, title IX, § 913(b)(1), Oct. 17, 2006, 120 Stat. 2355; Pub. L. 112–239, div. A, title IX, § 914, Jan. 2, 2013, 126 Stat. 1876; Pub. L. 115–91, div. A, title XVI, § 1601(b)(1), Dec. 12, 2017, 131 Stat. 1720; Pub. L. 115–232, div. A, title XVI, § 1602, Aug. 13, 2018, 132 Stat. 2104; Pub. L. 116–92, div. A, title IX, § 958(a)(2), title XVI, § 1601(b)(2), Dec. 20, 2019, 133 Stat. 1567, 1722; Pub. L. 116–283, div. A, title IX, § 924(b)(31), Jan. 1, 2021, 134 Stat. 3825.)

CITE AS: 10 USC 2273a

§ 2274. Space situational awareness services and information: provision to non-United States Government entities
(a)Authority.—
(1) Except as provided by paragraph (2), the Secretary of Defense may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities in accordance with this section. Any such action may be taken only if the Secretary determines that such action is consistent with the national security interests of the United States.
(2) Beginning January 1, 2024, the Secretary may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities under paragraph (1) only to the extent that the Secretary determines such actions are necessary to meet the national security interests of the United States.
(b)Eligible Entities.—The Secretary may provide services and information under subsection (a) to, and may obtain data and information under subsection (a) from, any non-United States Government entity, including any of the following:
(1) A State.
(2) A political subdivision of a State.
(3) A United States commercial entity.
(4) The government of a foreign country.
(5) A foreign commercial entity.
(c)Agreement.—The Secretary may not provide space situational awareness services and information under subsection (a) to a non-United States Government entity unless that entity enters into an agreement with the Secretary under which the entity—
(1) agrees to pay an amount that may be charged by the Secretary under subsection (d);
(2) agrees not to transfer any data or technical information received under the agreement, including the analysis of data, to any other entity without the express approval of the Secretary; and
(3) agrees to any other terms and conditions considered necessary by the Secretary.
(d)Charges.—
(1) As a condition of an agreement under subsection (c), the Secretary may (except as provided in paragraph (2)) require the non-United States Government entity entering into the agreement to pay to the Department of Defense such amounts as the Secretary determines appropriate to reimburse the Department for the costs to the Department of providing space situational awareness services or information under the agreement.
(2) The Secretary may not require the government of a State, or of a political subdivision of a State, to pay any amount under paragraph (1).
(e)Crediting of Funds Received.—
(1) Funds received for the provision of space situational awareness services or information pursuant to an agreement under this section shall be credited, at the election of the Secretary, to the following:
(A) The appropriation, fund, or account used in incurring the obligation.
(B) An appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
(2) Funds credited under paragraph (1) shall be merged with, and remain available for obligation with, the funds in the appropriation, fund, or account to which credited.
(f)Procedures.—The Secretary shall establish procedures by which the authority under this section shall be carried out. As part of those procedures, the Secretary may allow space situational awareness services or information to be provided through a contractor of the Department of Defense.
(g)Immunity.—The United States, any agencies and instrumentalities thereof, and any individuals, firms, corporations, and other persons acting for the United States, shall be immune from any suit in any court for any cause of action arising from the provision or receipt of space situational awareness services or information, whether or not provided in accordance with this section, or any related action or omission.
(h)Notice of Concerns of Disclosure of Information.—If the Secretary determines that a commercial or foreign entity has declined or is reluctant to provide data or information to the Secretary in accordance with this section due to the concerns of such entity about the potential disclosure of such data or information, the Secretary shall, not later than 60 days after the Secretary makes that determination, provide notice to the congressional defense committees of the declination or reluctance of such entity.
(Added Pub. L. 108–136, div. A, title IX, § 913(a), Nov. 24, 2003, 117 Stat. 1565; amended Pub. L. 109–364, div. A, title IX, § 912, Oct. 17, 2006, 120 Stat. 2355; Pub. L. 110–417, [div. A], title IX, § 911, Oct. 14, 2008, 122 Stat. 4571; Pub. L. 111–84, div. A, title IX, § 912(a), Oct. 28, 2009, 123 Stat. 2429; Pub. L. 115–232, div. A, title XVI, § 1604(a), Aug. 13, 2018, 132 Stat. 2106.)

CITE AS: 10 USC 2274

§ 2275. Reports on integration of acquisition and capability delivery schedules for segments of major satellite acquisition programs and funding for such programs
(a)Reports Required.—The Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on each major satellite acquisition program in accordance with subsection (d) that assesses—
(1) the integration of the schedules for the acquisition and the delivery of the capabilities of the segments for the program; and
(2) funding for the program.
(b)Elements.—Each report required by subsection (a) with respect to a major satellite acquisition program shall include the following:
(1) The amount of funding approved for the program and for each segment of the program that is necessary for full operational capability of the program.
(2) The dates by which the program and each segment of the program is anticipated to reach initial and full operational capability.
(3) A description of the intended primary capabilities and key performance parameters of the program.
(4) An assessment of the extent to which the schedules for the acquisition and the delivery of the capabilities of the segments for the program or any related program referred to in paragraph (1) are integrated.
(5) If the Under Secretary determines pursuant to the assessment under paragraph (4) that the program is a non-integrated program, an identification of—
(A) the impact on the mission of the program of having the delivery of the segment capabilities of the program more than one year apart;
(B) the measures the Under Secretary is taking or is planning to take to improve the integration of the acquisition and delivery schedules of the segment capabilities; and
(C) the risks and challenges that impede the ability of the Department of Defense to fully integrate those schedules.
(c)Consideration by Milestone Decision Authority.—The Milestone Decision Authority shall include the report required by subsection (a) with respect to a major satellite acquisition program as part of the documentation used to approve the acquisition of the program.
(d)Submittal of Reports.—
(1) In the case of a major satellite acquisition program initiated before January 2, 2013, the Under Secretary shall submit the report required by subsection (a) with respect to the program not later than one year after such date of enactment.1
1 See References in Text note below.
(2) In the case of a major satellite acquisition program initiated on or after January 2, 2013, the Under Secretary shall submit the report required by subsection (a) with respect to the program at the time of the Milestone B approval of the program.
(e)Notification to Congress of Non-integrated Acquisition and Capability Delivery Schedules.—If, after submitting the report required by subsection (a) with respect to a major satellite acquisition program, the Under Secretary determines that the program is a non-integrated program, the Under Secretary shall, not later than 30 days after making that determination, submit to the congressional defense committees a report—
(1) notifying the committees of that determination; and
(2) identifying—
(A) the impact on the mission of the program of having the delivery of the segment capabilities of the program more than one year apart;
(B) the measures the Under Secretary is taking or is planning to take to improve the integration of the acquisition and delivery schedules of the segment capabilities; and
(C) the risks and challenges that impede the ability of the Department of Defense to fully integrate those schedules.
(f)Annual Updates for Non-integrated Programs.—
(1)Requirement.—For each major satellite acquisition program that the Under Secretary has determined under subsection (b)(5) or subsection (e) is a non-integrated program, the Under Secretary shall annually submit to Congress, at the same time the budget of the President for a fiscal year is submitted under section 1105 of title 31, an update to the report required by subsection (a) for such program.
(2)Termination of requirement.—The requirement to submit an annual report update for a program under paragraph (1) shall terminate on the date on which the Under Secretary submits to the congressional defense committees notice that the Under Secretary has determined that such program is no longer a non-integrated program, or on the date that is five years after the date on which the initial report update required under paragraph (1) is submitted, whichever is earlier.
(g)Definitions.—In this section:
(1)Segments.—The term “segments”, with respect to a major satellite acquisition program, refers to any satellites acquired under the program and the ground equipment and user terminals necessary to fully exploit the capabilities provided by those satellites.
(2)Major satellite acquisition program.—The term “major satellite acquisition program” means a major defense acquisition program (as defined in section 4201 of this title) for the acquisition of a satellite.
(3)Milestone b approval.—The term “Milestone B approval” has the meaning given that term in section 4172(e)(7) of this title.
(4)Non-integrated program.—The term “non-integrated program” means a program with respect to which the schedules for the acquisition and the delivery of the capabilities of the segments for the program, or a related program that is necessary for the operational capability of the program, provide for the acquisition or the delivery of the capabilities of at least two of the three segments for the program or related program more than one year apart.
(Added Pub. L. 112–239, div. A, title IX, § 911(a), Jan. 2, 2013, 126 Stat. 1870; amended Pub. L. 113–291, div. A, title X, § 1071(e)(3), Dec. 19, 2014, 128 Stat. 3509; Pub. L. 116–92, div. A, title IX, § 902(29), Dec. 20, 2019, 133 Stat. 1546; Pub. L. 116–283, div. A, title XVIII, §§ 1845(c)(3), 1846(i)(5), Jan. 1, 2021, 134 Stat. 4247, 4252; Pub. L. 117–263, div. A, title XVI, § 1603, Dec. 23, 2022, 136 Stat. 2930; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(21), Dec. 22, 2023, 137 Stat. 684.)

CITE AS: 10 USC 2275

§ 2275a. Requirements for protection of satellites
(a)Establishment of Requirements.—Before a major satellite acquisition program achieves Milestone A approval, or equivalent, the Chief of Staff of the Space Force, in consultation with the Commander of the United States Space Command, shall establish requirements for the defense and resilience of the satellites under that program against the capabilities of adversaries to target, degrade, or destroy the satellites.
(b)Definitions.—In this section:
(1) The term “major satellite acquisition program” has the meaning given that term in section 2275 of this title.
(2) The term “Milestone A approval” has the meaning given that term in section 4251 of this title 10.
(Added Pub. L. 117–263, div. A, title XVI, § 1601, Dec. 23, 2022, 136 Stat. 2929.)

CITE AS: 10 USC 2275a

§ 2275b. Requirements for appropriate classification guidance.1
1 So in original. The period probably should not appear.
(a)In General.—Before a space major defense acquisition program achieves Milestone B approval, or equivalent, the milestone decision authority shall determine whether the classification guidance for the program remains appropriate and—
(1) if such guidance is determined to be appropriate, submit to the congressional defense committees a certification of such determination; or
(2) if such guidance is determined to be inappropriate, initiate an update to such guidance.
(b)Definitions.—In this section:
(1) The term “Milestone B approval” has the meaning given such term in section 4172(e)(7) of this title.
(2) The term “major defense acquisition program” has the meaning given such term in section 4201 of this title.
(3) The term “space major defense acquisition program” means a major defense acquisition program for the acquisition of a satellite, ground system, or command and control system.
(Added Pub. L. 118–31, div. A, title XVI, § 1602, Dec. 22, 2023, 137 Stat. 584.)

CITE AS: 10 USC 2275b

§ 2276. Commercial space launch cooperation
(a)Authority.—The Secretary of Defense may take such actions as the Secretary considers to be in the best interest of the Federal Government to—
(1) maximize the use of the capacity of the space transportation infrastructure of the Department of Defense by the private sector in the United States;
(2) maximize the effectiveness and efficiency of the space transportation infrastructure of the Department of Defense;
(3) reduce the cost of services provided by the Department of Defense related to space transportation infrastructure at launch support facilities and space recovery support facilities;
(4) encourage commercial space activities by enabling investment by covered entities in the space transportation infrastructure of the Department of Defense; and
(5) foster cooperation between the Department of Defense and covered entities.
(b)Authority for Contracts and Other Agreements Relating to Space Transportation Infrastructure.—The Secretary of Defense—
(1) may enter into an agreement with a covered entity to provide the covered entity with support and services related to the space transportation infrastructure of the Department of Defense; and
(2) upon the request of such covered entity, may include such support and services in the space launch and reentry range support requirements of the Department of Defense if—
(A) the Secretary determines that the inclusion of such support and services in such requirements—
(i) is in the best interest of the Federal Government;
(ii) does not interfere with the requirements of the Department of Defense; and
(iii) does not compete with the commercial space activities of other covered entities, unless that competition is in the national security interests of the United States; and
(B) any commercial requirement included in the agreement has full non-Federal funding before the execution of the agreement.
(c)Contributions.—
(1)In general.—The Secretary of Defense may enter into an agreement with a covered entity on a cooperative and voluntary basis to accept contributions of funds, services, and equipment to carry out this section.
(2)Use of contributions.—Any funds, services, or equipment accepted by the Secretary under this subsection—
(A) may be used only for the objectives specified in this section in accordance with terms of use set forth in the agreement entered into under this subsection; and
(B) shall be managed by the Secretary in accordance with regulations of the Department of Defense.
(3)Requirements with respect to agreements.—An agreement entered into with a covered entity under this subsection—
(A) shall address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement; and
(B) shall include a provision that the covered entity will not recover the costs of its contribution through any other agreement with the United States.
(d)Defense Cooperation Space Launch Account.—
(1)Establishment.—There is established in the Treasury of the United States a special account to be known as the “Defense Cooperation Space Launch Account”.
(2)Crediting of funds.—Funds received by the Secretary of Defense under subsection (c) shall be credited to the Defense Cooperation Space Launch Account.
(3)Use of funds.—Funds deposited in the Defense Cooperation Space Launch Account under paragraph (2) are authorized to be appropriated and shall be available for obligation only to the extent provided in advance in an appropriation Act for costs incurred by the Department of Defense in carrying out subsection (b). Funds in the Account shall remain available until expended.
[(e) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(a)(2), Aug. 13, 2018, 132 Stat. 1851.]
(f)Regulations.—The Secretary of Defense shall prescribe regulations to carry out this section.
(g)Definitions.—In this section:
(1)Covered entity.—The term “covered entity” means a non-Federal entity that—
(A) is organized under the laws of the United States or of any jurisdiction within the United States; and
(B) is engaged in commercial space activities.
(2)Launch support facilities.—The term “launch support facilities” has the meaning given the term in section 50501(7) of title 51.
(3)Space recovery support facilities.—The term “space recovery support facilities” has the meaning given the term in section 50501(11) of title 51.
(4)Space transportation infrastructure.—The term “space transportation infrastructure” has the meaning given that term in section 50501(12) of title 51.
(Added Pub. L. 112–239, div. A, title IX, § 912(a), Jan. 2, 2013, 126 Stat. 1872; amended Pub. L. 115–232, div. A, title VIII, § 813(a)(2), Aug. 13, 2018, 132 Stat. 1851.)

CITE AS: 10 USC 2276

§ 2276a. Special authority for provision of space launch support services to increase space launch capacity
(a)In General.—The Secretary of a military department may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services.
(b)Provision of Launch Equipment and Services to Commercial Entities.—
(1)Contract or other transaction authority.—The Secretary of a military department may enter into a contract or other transaction with one or more commercial entities that intend to conduct space launch activities on a military installation under the jurisdiction of the Secretary. Under such a contract or agreement, the Secretary may agree to provide to the commercial entity supplies, services, equipment, and construction needed for commercial space launch.
(2)Costs.—
(A)Direct costs.—If the Secretary of a military department enters into a contract or other transaction with a commercial entity under paragraph (1), such contract or transaction shall include a provision that requires the commercial entity to reimburse the Department of Defense for all direct costs to the United States that are associated with any good, service, or equipment provided to the commercial entity under the contract or other transaction.
(B)Indirect costs.—If the Secretary of a military department enters into a contract or other transaction with a commercial entity under paragraph (1), such contract or transaction may include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary considers to be appropriate. In such a case, such contract or other transaction may provide for the reimbursement of such indirect costs through the establishment of a rate, fixed price, or similar mechanism the Secretary concerned determines is reasonable.
(3)Retention of funds collected from commercial users.—Any amount collected from a commercial entity as a reimbursement under paragraph (2) shall be credited to the appropriations account from which the cost for which such reimbursement is provided was derived.
(4)Regulations.—The Secretary of each of the military departments shall prescribe regulations to carry out this subsection.
(c)Definitions.—In this section:
(1)Space launch.—The term “space launch” includes all activities, supplies, equipment, facilities, or services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for both the payload and the space transportation vehicle.
(2)Commercial entity.—The term “commercial entity” or “commercial” means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.
(d)Transition Limitations and Reporting Requirements.—For each of fiscal years 2024, 2025, and 2026, the Secretary of a military department shall—
(1) with respect to any contract or other transaction authority entered into pursuant to subsection (b), limit the amount of the indirect costs that are reimbursable under paragraph (2)(B) of such subsection to not more than 30 percent, not to exceed $5,000,000 annually (based on fiscal year 2024 constant dollars), of the total amount of the direct costs reimbursable under paragraph (2)(A) of such subsection; and
(2) not later than 90 days after the last day of each such fiscal year, provide for each of the congressional defense committees a briefing that includes—
(A) an identification of the total amounts of direct and indirect costs reimbursed to each spaceport for the fiscal year covered by the report;
(B) a description of the support provided by reimbursed indirect costs for the fiscal year covered by the report; and
(C) an identification of the rate, fixed price, or similar mechanism, if any, used to calculate the amount of the indirect costs that are reimbursable for the fiscal year following the fiscal year covered by the report.
(Added Pub. L. 118–31, div. A, title XVI, § 1603, Dec. 22, 2023, 137 Stat. 584.)

CITE AS: 10 USC 2276a

§ 2277. Disclosure of National Security Space Launch program contract pricing terms
(a)In General.—With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
(b)Competitively Sensitive Trade Secret Data.—The congressional defense committees and the congressional intelligence committees shall—
(1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and
(2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description.
(c)Rule of Construction.—For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.
(Added Pub. L. 117–81, div. A, title XVI, § 1601(a)(1), Dec. 27, 2021, 135 Stat. 2073.)

CITE AS: 10 USC 2277

§ 2278. Notification of foreign interference of national security space
(a)Notice Required.—The Commander of the United States Space Command shall, with respect to each intentional attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability, provide to the appropriate congressional committees—
(1) not later than 48 hours after the Commander determines that there is reason to believe such attempt occurred, notice of such attempt; and
(2) not later than 10 days after the date on which the Commander determines that there is reason to believe such attempt occurred, a notification described in subsection (b) with respect to such attempt.
(b)Notification Description.—A notification described in this subsection is a written notification that includes—
(1) the name and a brief description of the national security space capability that was impacted by an attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability;
(2) a description of such attempt, including the foreign actor, the date and time of such attempt, and any related capability outage and the mission impact of such outage; and
(3) any other information the Commander considers relevant.
(c)Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees; and
(2) with respect to a notice or notification related to an attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability that is intelligence-related, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(Added Pub. L. 113–66, div. A, title IX, § 911(a), Dec. 26, 2013, 127 Stat. 823; amended Pub. L. 116–283, div. A, title XVI, § 1604(d), Jan. 1, 2021, 134 Stat. 4044.)

CITE AS: 10 USC 2278

§ 2279. Foreign commercial satellite services and foreign launches
(a)Prohibition.—Except as provided in subsection (c), the Secretary of Defense may not enter into a contract for satellite services with a foreign entity if the Secretary reasonably believes that—
(1) the foreign entity is an entity in which the government of a covered foreign country has an ownership interest that enables that government to affect satellite operations;
(2) the foreign entity plans to or is expected to provide satellite services under the contract from a covered foreign country; or
(3) entering into such contract would create an unacceptable cybersecurity risk for the Department of Defense.
(b)Launches and Manufacturers.—
(1)Limitation.—In addition to the prohibition in subsection (a), and except as provided in paragraph (2) and 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—
(A) 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
(B) 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).
(2)Exception.—The limitation in paragraph (1) shall not apply with respect to—
(A) a launch that occurs prior to December 31, 2022; or
(B) a contract or other agreement relating to launch services that, prior to the date that is 180 days after the date of the enactment of this subsection, was either fully paid for by the contractor or covered by a legally binding commitment of the contractor to pay for such services.
(3)Launch vehicle defined.—In this subsection, the term “launch vehicle” means a fully integrated space launch vehicle.
(c)Notice and Exception.—The prohibitions in subsections (a) and (b) shall not apply to a contract if—
(1) the Secretary determines it is in the national security of the United States to enter into such contract; and
(2) not later than 7 days before entering into such contract, 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:
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(d)Delegation of Notice and Exception Authority.—The Secretary of Defense may only delegate the authority under subsection (c) to enter into a contract subject to the prohibition under subsection (a) or (b) to the Deputy Secretary of Defense, the Under Secretary of Defense for Policy, or the Under Secretary of Defense for Acquisition and Sustainment and such authority may not be further delegated.
(e)Form of Assessments.—Each assessment under subsection (c) shall be submitted in unclassified form, but may include a classified annex.
(f)Definitions.—In this section:
(1) The term “covered foreign country” means any of the following:
(A) 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).
(B) The Russian Federation.
(2) 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.
(Added Pub. L. 113–66, div. A, title XVI, § 1602(a)(1), Dec. 26, 2013, 127 Stat. 941; amended Pub. L. 115–91, div. A, title XVI, § 1603(a)–(d)(1), Dec. 12, 2017, 131 Stat. 1722, 1723; Pub. L. 115–232, div. A, title X, § 1081(a)(16), Aug. 13, 2018, 132 Stat. 1984; Pub. L. 116–92, div. A, title IX, § 902(30), Dec. 20, 2019, 133 Stat. 1546.)

CITE AS: 10 USC 2279

[§ 2279a. Repealed. Pub. L. 115–91, div. A, title XVI, § 1601(b)(2)(A), Dec. 12, 2017, 131 Stat. 1719]

CITE AS: 10 USC 2279a

§ 2279b. Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise
(a)Establishment.—There is within the Department of Defense a council to be known as the “Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise” (in this section referred to as the “Council”).
(b)Membership.—The members of the Council shall be as follows:
(1) The Under Secretary of Defense for Policy.
(2) The Under Secretary of Defense for Research and Engineering.
(3) The Under Secretary of Defense for Acquisition and Sustainment.
(4) The Vice Chairman of the Joint Chiefs of Staff.
(5) The Commander of the United States Strategic Command.
(6) The Commander of the United States Northern Command.
(7) The Commander of the United States Space Command.
(8) The Commander of United States Cyber Command.
(9) The Director of the National Security Agency.
(10) The Chief Information Officer of the Department of Defense.
(11) The Secretaries of the military departments, who shall be ex officio members.
(12) Such other officers of the Department of Defense as the Secretary may designate.
(c)Co-chair.—The Council shall be co-chaired by the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Vice Chairman of the Joint Chiefs of Staff.
(d)Responsibilities.—
(1) The Council shall be responsible for oversight of the Department of Defense positioning, navigation, and timing enterprise, including positioning, navigation, and timing services provided to civil, commercial, scientific, and international users.
(2) In carrying out the responsibility for oversight of the Department of Defense positioning, navigation, and timing enterprise as specified in paragraph (1), the Council shall be responsible for the following:
(A) Oversight of performance assessments (including interoperability).
(B) Vulnerability identification and mitigation.
(C) Architecture development.
(D) Alternative methods to perform position navigation and timing.
(E) Resource prioritization.
(F) Such other responsibilities as the Secretary of Defense shall specify for purposes of this section.
(e)Annual Reports.—At the same time each year that the budget of the President is submitted to Congress under section 1105(a) of title 31, the Council shall submit to the congressional defense committees a report on the activities of the Council. Each report shall include the following:
(1) A description and assessment of the activities of the Council during the previous fiscal year.
(2) A description of the activities proposed to be undertaken by the Council during the period covered by the current future-years defense program under section 221 of this title.
(3) Any changes to the requirements of the Department of Defense positioning, navigation, and timing enterprise made during the previous year, along with an explanation for why the changes were made and a description of the effects of the changes to the capability of such enterprise.
(4) A breakdown of each program element in such budget that relates to the Department of Defense positioning, navigation, and timing enterprise, including how such program element relates to the operation and sustainment, research and development, procurement, or other activity of such enterprise.
(f)Budget and Funding Matters.—
(1) Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Commander of the United States Space Command shall submit to the Chairman of the Joint Chiefs of Staff an assessment of—
(A) whether such budget allows the Federal Government to meet the required capabilities of the Department of Defense positioning, navigation, and timing enterprise during the fiscal year covered by the budget and the four subsequent fiscal years; and
(B) if the Commander determines that such budget does not allow the Federal Government to meet such required capabilities, a description of the steps being taken to meet such required capabilities.
(2) Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Space Command under paragraph (1), the Chairman shall submit to the congressional defense committees—
(A) such assessment as it was submitted to the Chairman; and
(B) any comments of the Chairman.
(3) If a House of Congress adopts a bill authorizing or appropriating funds for the activities of the Department of Defense positioning, navigation, and timing enterprise that, as determined by the Council, provides insufficient funds for such activities for the period covered by such bill, the Council shall notify the congressional defense committees of the determination.
(g)Notification of Anomalies.—
(1) The Secretary of Defense shall submit to the congressional defense committees written notification of an anomaly in the Department of Defense positioning, navigation, and timing enterprise that is reported to the Secretary or the Council by not later than 14 days after the date on which the Secretary or the Council learns of such anomaly, as the case may be.
(2) In this subsection, the term “anomaly” means any unplanned, irregular, or abnormal event, whether unexplained or caused intentionally or unintentionally by a person or a system.
(h)Termination.—The Council shall terminate on the date that is 10 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022.
(Added Pub. L. 114–92, div. A, title XVI, § 1603(a), Nov. 25, 2015, 129 Stat. 1096; amended Pub. L. 116–92, div. A, title IX, § 902(31), Dec. 20, 2019, 133 Stat. 1546; Pub. L. 116–283, div. A, title XVI, § 1604(b), Jan. 1, 2021, 134 Stat. 4043; Pub. L. 117–81, div. A, title X, § 1081(a)(27), title XVI, § 1604, Dec. 27, 2021, 135 Stat. 1921, 2077.)

CITE AS: 10 USC 2279b

[§ 2279c. Renumbered § 9081]

CITE AS: 10 USC 2279c

§ 2279d. Limitation on construction on United States territory of satellite positioning ground monitoring stations of certain foreign governments
(a)Limitation.—
(1)Certification.—
(A)In general.—The President may not authorize or permit the construction of a global navigation satellite system ground monitoring station directly or indirectly controlled by a foreign government (including a ground monitoring station owned, operated, or controlled on behalf of a foreign government) in the territory of the United States unless the Secretary of Defense and the Director of National Intelligence jointly certify to the appropriate congressional committees that such ground monitoring station will not possess the capability or potential to be used for the purpose of gathering intelligence in the United States or improving any foreign weapon system.
(B)Form.—Each certification under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(2)National security waiver.—The Secretary of Defense and the Director of National Intelligence may jointly waive the certification requirement in paragraph (1) for a ground monitoring station if—
(A) the Secretary and the Director jointly determine that the waiver is in the vital interests of the national security of the United States; and
(B) the Secretary and the Director ensure that—
(i) all data collected or transmitted from ground monitoring stations covered by the waiver are not encrypted;
(ii) all persons involved in the construction, operation, and maintenance of such ground monitoring stations are United States persons;
(iii) such ground monitoring stations are not located in geographic proximity to sensitive United States national security sites;
(iv) the United States approves all equipment to be located at such ground monitoring stations;
(v) appropriate actions are taken to ensure that any such ground monitoring stations do not pose a cyber espionage or other threat, including intelligence or counterintelligence, to the national security of the United States; and
(vi) any improvements to such ground monitoring stations do not reduce or compete with the advantages of Global Positioning System technology for users.
(3)Waiver report.—For each waiver under paragraph (2), the Secretary of Defense and the Director of National Intelligence, in consultation with the Secretary of State, shall jointly submit to the appropriate congressional committees a report containing—
(A) the reason why it is not possible to provide the certification under paragraph (1) for the ground monitoring stations covered by such waiver;
(B) an assessment of the impact of the exercise of authority under paragraph (2) with respect to such ground monitoring stations on the national security of the United States;
(C) a description of the means to be used to mitigate any such impact to the United States for the duration that such ground monitoring stations are operated in the territory of the United States; and
(D) any other information in connection with the waiver that the Secretary of Defense and the Director of National Intelligence, in consultation with the Secretary of State, consider appropriate.
(4)Notice.—Not later than 30 days before the exercise of the authority to waive under paragraph (2) the certification requirement under paragraph (1) for a ground monitoring station, the Secretary of Defense and the Director of National Intelligence shall jointly provide to the appropriate congressional committees notice of the exercise of such authority and the report required under paragraph (3) with respect to such ground monitoring station.
(5)Appropriate congressional committees defined.—In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(b)Exception.—The limitation in subsection (a) shall not apply to foreign governments that are allies of the United States.
(c)Sunset.—The limitation in subsection (a) shall terminate on December 31, 2023.
(Added and amended Pub. L. 115–91, div. A, title XVI, § 1602, Dec. 12, 2017, 131 Stat. 1721, § 2279c; renumbered § 2279d, Pub. L. 115–232, div. A, title X, § 1081(a)(18)(A), Aug. 13, 2018, 132 Stat. 1984; Pub. L. 116–92, div. A, title XVII, § 1731(a)(35), Dec. 20, 2019, 133 Stat. 1814.)

CITE AS: 10 USC 2279d