Collapse to view only § 9086. Space Development Agency
- § 9081. The United States Space Force
- § 9082. Chief of Space Operations
- § 9083. Office of the Chief of Space Operations: function; composition
- § 9084. Office of the Chief of Space Operations: general duties
- § 9085. Regular Space Force: composition
- § 9086. Space Development Agency
§ 9081. The United States Space Force
(a)Establishment.—There is established a United States Space Force as an armed force within the Department of the Air Force.
(b)Composition.—The Space Force consists of—
(1) the Regular Space Force;
(2) all persons appointed or enlisted in, or conscripted into, the Space Force, including those not assigned to units, necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency; and
(3) all Space Force units and other Space Force organizations, including installations and supporting and auxiliary combat, training, administrative, and logistic elements.
(c)Functions.—The Space Force shall be organized, trained, and equipped to—
(1) provide freedom of operation for the United States in, from, and to space;
(2) conduct space operations; and
(3) protect the interests of the United States in space.
(Added Pub. L. 115–91, div. A, title XVI, § 1601(a)(1), Dec. 12, 2017, 131 Stat. 1718, § 2279c; amended Pub. L. 115–232, div. A, title X, § 1081(a)(17), Aug. 13, 2018, 132 Stat. 1984; renumbered § 9081 and amended Pub. L. 116–92, div. A, title IX, § 952(b)(3), (4), Dec. 20, 2019, 133 Stat. 1562; Pub. L. 116–283, div. A, title IX, § 922(a), (b), Jan. 1, 2021, 134 Stat. 3806; Pub. L. 118–31, div. A, title XVII, § 1712(a), Dec. 22, 2023, 137 Stat. 625.)
§ 9082. Chief of Space Operations
(a)Appointment.—
(1) There is a Chief of Space Operations, appointed by the President, by and with the advice and consent of the Senate, from the general, flag, or equivalent officers of the Space Force. The Chief serves at the pleasure of the President.
(2) The Chief shall be appointed for a term of four years. In time of war or during a national emergency declared by Congress, the Chief may be reappointed for a term of not more than four years.
(3) The President may appoint an officer as Chief of Space Operations only if—
(A) the officer has had significant experience in joint duty assignments; and
(B) such experience includes at least one full tour of duty in a joint duty assignment (as defined in section 664(d) of this title) as a general, flag, or equivalent officer of the Space Force.
(4) The President may waive paragraph (3) in the case of an officer if the President determines such action is necessary in the national interest.
(b)Grade.—The Chief, while so serving, has the grade in the Space Force equivalent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy without vacating the permanent grade of the officer.
(c)Relationship to the Secretary of the Air Force.—Except as otherwise prescribed by law and subject to section 9013(f) of this title, the Chief performs the duties of such position under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Secretary.
(d)Duties.—Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief shall—
(1) preside over the Office of the Chief of Space Operations;
(2) transmit the plans and recommendations of the Office of the Chief of Space Operations to the Secretary and advise the Secretary with regard to such plans and recommendations;
(3) after approval of the plans or recommendations of the Office of the Chief of Space Operations by the Secretary, act as the agent of the Secretary in carrying them into effect;
(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members and organizations of the Space Force as the Secretary determines;
(5) perform duties prescribed for the Chief of Space Operations by sections 171 and 3104 of this title and other provisions of law; and
(6) perform such other military duties, not otherwise assigned by law, as are assigned to the Chief by the President, the Secretary of Defense, or the Secretary of the Air Force.
(e)Joint Chiefs of Staff.—
(1) The Chief of Space Operations shall be a member of the Joint Chiefs of Staff.
(2) To the extent that such action does not impair the independence of the Chief in the performance of the duties of the Chief as a member of the Joint Chiefs of Staff pursuant to paragraph (1), the Chief shall inform the Secretary of the Air Force regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force.
(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief shall keep the Secretary of the Air Force fully informed of significant military operations affecting the duties and responsibilities of the Secretary.
(Added Pub. L. 116–92, div. A, title IX, § 953(a), Dec. 20, 2019, 133 Stat. 1563; amended Pub. L. 116–283, div. A, title IX, § 922(c), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3806, 4294; Pub. L. 118–31, div. A, title XVII, § 1741(b)(7), Dec. 22, 2023, 137 Stat. 681.)
§ 9083. Office of the Chief of Space Operations: function; composition
(a)Function.—There is in the executive part of the Department of the Air Force an Office of the Chief of Space Operations to assist the Secretary of the Air Force in carrying out the responsibilities of the Secretary.
(b)Composition.—The Office of the Chief of Space Operations is composed of the following:
(1) The Chief of Space Operations.
(2) Other members of the Space Force and Air Force assigned or detailed to the Office of the Chief of Space Operations.
(3) Civilian employees in the Department of the Air Force assigned or detailed to the Office of the Chief of Space Operations.
(c)Organization.—Except as otherwise specifically prescribed by law, the Office of the Chief of Space Operations shall be organized in such manner, and the members of the Office of the Chief of Space Operations shall perform such duties and have such titles, as the Secretary of the Air Force may prescribe.
(Added Pub. L. 116–283, div. A, title IX, § 921(a), Jan. 1, 2021, 134 Stat. 3805.)
§ 9084. Office of the Chief of Space Operations: general duties
(a)Professional Assistance.—The Office of the Chief of Space Operations shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Air Force and to the Chief of Space Operations.
(b)Authorities.—Under the authority, direction, and control of the Secretary of the Air Force, the Office of the Chief of Space Operations shall—
(1) subject to subsections (c) and (d) of section 9014 of this title, prepare for such employment of the Space Force, and for such recruiting, organizing, supplying, equipping (including research and development), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Space Force, as will assist in the execution of any power, duty, or function of the Secretary of the Air Force or the Chief of Space Operations;
(2) investigate and report upon the efficiency of the Space Force and its preparation to support military operations by commanders of the combatant commands;
(3) prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions;
(4) as directed by the Secretary of the Air Force or the Chief of Space Operations, coordinate the action of organizations of the Space Force; and
(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary of the Air Force.
(Added Pub. L. 116–283, div. A, title IX, § 921(a), Jan. 1, 2021, 134 Stat. 3805.)
§ 9085. Regular Space Force: composition
(a)The Regular Space Force is the component of the Space Force that consists of persons whose continuous service on active duty in both peace and war is contemplated by law, and of retired members of the Regular Space Force.
(b)Composition.—The Regular Space Force includes—
(1) the officers and enlisted members of the Regular Space Force; and
(2) the retired officers and enlisted members of the Regular Space Force.
(Added Pub. L. 116–283, div. A, title IX, § 922(d), Jan. 1, 2021, 134 Stat. 3807.)
§ 9086. Space Development Agency
(a)In General.—
(1) There is a Space Development Agency of the Department of Defense (in this section referred to as the “Agency”). The Director of the Space Development Agency shall be the head of the Agency.
(2) Effective on October 1, 2022—
(A) the Agency shall be an element of the Space Force; and
(B) the Director shall report—
(i) pursuant to section 9016(b)(6)(B)(iv)(III) of this title, to the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to acquisition decisions; and
(ii) directly to the Chief of Space Operations with respect to requirements decisions, personnel decisions, and any other matter not covered by clause (i).
(b)Development and Integration Authorities.—The Director shall lead—
(1) the development and demonstration of a resilient military space-based sensing, tracking, and data transport architecture that uses proliferated low-Earth orbit systems and services;
(2) the integration of next-generation space capabilities, such as novel sensors (including with respect to alternate navigation, and autonomous battle management features), and sensor and tracking components (including a hypersonic and ballistic missile tracking space sensor payload pursuant to section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021), into the architecture specified in paragraph (1) to address the requirements and needs of the armed forces and combatant commands for such capabilities;
(3) the procurement of commercial capabilities and services, including—
(A) options for integrating payloads on commercial buses and spacecraft into existing commercial architectures; and
(B) innovative commercial capabilities and services, such as on-orbit servicing or in-space transportation systems, that could extend the life of space systems, rapidly respond to threats, or contribute to resilience; and
(4) the rapid introduction, acquisition, and iteration of cost-effective, resilient solutions that leverage planned and existing commercial low-Earth orbit capabilities or innovative capabilities.
(c)Budget Materials and Program Elements.—Beginning not later than with respect to fiscal year 2023 and each fiscal year thereafter—
(1) in the budget justification materials submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the amount requested for the activities of the Agency shall be separate from the other activities of the Space Force; and
(2) the Secretary of Defense shall ensure that the programs of the Agency are assigned program elements different from other program elements of the Space Force.
(d)Delegation of Authorities.—
(1) With respect to tranche 0 capabilities and tranche 1 capabilities, to the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the delegation to the Agency of—
(A) head of contracting authority; and
(B) milestone decision authority for the middle tier of acquisition programs.
(2)
(A) The Service Acquisition Executive for Space Systems and Programs may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis.
(B) Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission.
(3) In this subsection:
(A) The term “tranche 0 capabilities” means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2022.
(B) The term “tranche 1 capabilities” means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2024.
(Added Pub. L. 116–283, div. A, title XVI, § 1601(a), Jan. 1, 2021, 134 Stat. 4041, § 9084; renumbered § 9086 and amended Pub. L. 117–81, div. A, title X, § 1081(a)(33), title XVI, § 1603, Dec. 27, 2021, 135 Stat. 1921, 2077.)