TITLE 10 - US CODE - CHAPTER 135 - SPACE PROGRAMS

10 USC 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.

10 USC 2272 - Space science and technology strategy: coordination

(a) Space Science and Technology Strategy.—

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

(2) The strategy under paragraph (1) shall, at a minimum, address the following issues:

(A) Short-term and long-term goals of the space science and technology programs of the Department of Defense.

(B) The process for achieving the goals identified under subparagraph (A), including an implementation plan for achieving those goals.

(3) The strategy under paragraph (1) shall be included as part of the annual National Security Space Plan developed pursuant to Department of Defense regulations and shall be provided to Department of Defense components and science and technology entities of the Department of Defense to support the planning, programming, and budgeting processes of the Department.

(4) The strategy under paragraph (1) shall be developed in consultation with the directors of research laboratories of the Department of Defense, the directors of the other Department of Defense research components, and the heads of other organizations of the Department of Defense as identified by the Director of Defense Research and Engineering and the Department of Defense Executive Agent for Space.

(5) The strategy shall be available for review by the congressional defense committees.

(b) Required Coordination.—
In carrying out the space science and technology strategy developed under subsection (a), the directors of the research laboratories of the Department of Defense, the directors of the other Department of Defense research components, and the heads of all other appropriate organizations identified jointly by the Director of Defense Research and Engineering and the Department of Defense Executive Agent for Space shall each

(1) identify research projects in support of that strategy that contribute directly and uniquely to the development of space technology; and

(2) inform the Director of Defense Research and Engineering and the Department of Defense Executive Agent for Space of the planned budget and planned schedule for executing those projects.

(1) The term research laboratory of the Department of Defense means any of the following:

(A) The Air Force Research Laboratory.

(B) The Naval Research Laboratory.

(D) The Army Research Laboratory.

(2) The term other Department of Defense research component means either of the following:

(A) The Defense Advanced Research Projects Agency.

(B) The National Reconnaissance Office.

10 USC 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; and

(2) a robust space launch infrastructure and industrial base.

(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.

10 USC 2273a - Operationally Responsive Space Program Office

(a) Establishment.—
The Secretary of Defense shall establish within the Department of Defense an office to be known as the Operationally Responsive Space Program Office (in this section referred to as the Office).

(b) Head of Office.—
The head of the Office shall be

(1) the Department of Defense Executive Agent for Space; or

(2) the designee of the Secretary of Defense, who shall report to the Department of Defense Executive Agent for Space.

(1) to contribute to the development of low-cost, rapid reaction payloads, busses, spacelift, and launch control capabilities in order to fulfill joint military operational requirements for on-demand space support and reconstitution; and

(2) to coordinate and execute operationally responsive space efforts across the Department of Defense with respect to planning, acquisition, and operations.

(d) Elements.—
The Secretary of Defense shall select the elements of the Department of Defense to be included in the Office so as to contribute to the development of capabilities for operationally responsive space and to achieve a balanced representation of the military departments in the Office to ensure proper acknowledgment of joint considerations in the activities of the Office, except that the Office shall include the following:

(1) A science and technology element that shall pursue innovative approaches to the development of capabilities for operationally responsive space through basic and applied research focused on (but not limited to) payloads, bus, and launch equipment.

(2) An acquisition element that shall undertake the acquisition of systems necessary to integrate, sustain, and launch assets for operationally responsive space.

(3) An operations element that shall

(A) sustain and maintain assets for operationally responsive space prior to launch;

(B) integrate and launch such assets; and

(4) A combatant command support element that shall serve as the primary intermediary between the military departments and the combatant commands in order to

(A) ascertain the needs of the commanders of the combatant commands; and

(B) integrate operationally responsive space capabilities into

(i) operations plans of the combatant commands;

(ii) techniques, tactics, and procedures of the military departments; and

(iii) military exercises, demonstrations, and war games.

(5) Such other elements as the Secretary of Defense may consider necessary.

(e) Acquisition Authority.—
The acquisition activities of the Office shall be subject to the following:

(1) The Department of Defense Executive Agent for Space shall be the senior acquisition executive of the Office.

(2) The Joint Capabilities Integration and Development System process shall not apply to acquisitions by the Office for operational experimentation.

(3) The commander of the United States Strategic Command, or the designee of the commander, shall

(A) validate all system requirements for systems to be acquired by the Office; and

(B) participate in the approval of any acquisition program initiated by the Office.

(4) To the maximum extent practicable, the procurement unit cost of a launch vehicle procured by the Office for launch to low earth orbit should not exceed $20,000,000 (in constant dollars).

(5) To the maximum extent practicable, the procurement unit cost of an integrated satellite procured by the Office should not exceed $40,000,000 (in constant dollars).

(f) Required Program Element.—

(1) The Secretary of Defense shall ensure that, within budget program elements for space programs of the Department of Defense, that

(A) there is a separate, dedicated program element for operationally responsive space;

(B) to the extent applicable, relevant program elements should be consolidated into the program element required by subparagraph (A); and

(2) The Office shall manage the program element required by paragraph (1)(A).

10 USC 2274 - Space surveillance network: pilot program for provision of satellite tracking support to entities outside United States Government

(a) Pilot Program.—
The Secretary of Defense may carry out a pilot program to determine the feasibility and desirability of providing to non-United States Government entities space surveillance data support described in subsection (b).

(b) Space Surveillance Data Support.—
Under such a pilot program, the Secretary may provide to a non-United States Government entity, subject to an agreement described in subsection (d), the following:

(1) Satellite tracking services from assets owned or controlled by the Department of Defense, but only if the Secretary determines, in the case of any such agreement, that providing such services to that entity is in the national security interests of the United States.

(2) Space surveillance data and the analysis of space surveillance data, but only if the Secretary determines, in the case of any such agreement, that providing such data and analysis to that entity is in the national security interests of the United States.

(c) Eligible Entities.—
Under the pilot program, the Secretary may provide space surveillance data support to non-United States Government entities including the following:

(1) State governments.

(2) Governments of political subdivisions of States.

(3) United States commercial entities.

(4) Governments of foreign countries.

(5) Foreign commercial entities.

(d) Required Agreement.—
The Secretary may not provide space surveillance data support to a non-United States Government entity under the pilot program 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 (e); and

(2) agrees not to transfer any data or technical information received under the agreement, including the analysis of tracking data, to any other entity without the express approval of the Secretary.

(e) Rule of Construction Concerning Provision of Intelligence Assets or Data.—
Nothing in this section shall be considered to authorize the provision of services or information concerning, or derived from, United States intelligence assets or data.

(f) Charges.—

(1) As a condition of an agreement under subsection (d), 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 to be necessary to reimburse the Department for the costs of the Department of providing space surveillance data support 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).

(g) Crediting of Funds Received.—
Funds received for the provision of space surveillance data support pursuant to an agreement under this section shall be credited to accounts of the Department of Defense that are current when the funds are received and that are available for the same purposes as the accounts originally charged to provide such support. Funds so credited shall merge with and become available for obligation for the same period as the accounts to which they are credited.

(h) Procedures.—
The Secretary shall establish procedures for the conduct of the pilot program. As part of those procedures, the Secretary may allow space surveillance data and analysis of space surveillance data to be provided through a contractor of the Department of Defense.

(i) Duration of Pilot Program.—
The pilot program under this section may be conducted through September 30, 2010.