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10 U.S.C. § 2273 — Policy regarding assured access to space: national security payloads
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_02be21b655cbdaca83da2813
Source file: Laws/federal/codes/united-states-code/title-10/section-2273-policy-regarding-assured-access-to-space-national-security-payloads--b6e842f4a6.md
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Source location: Title 10, Chapter 135, § 2273; chapter-135-space-programs.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) Subject to paragraph (2), the Director of the Defense Advanced Research Projects Agency, the Director of the Defense Innovation Unit, the Secretary of a military department, or any other official designated by the Secretary of Defense may, under the authority of [section 4021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4021&num=0&edition=prelim), carry out prototype projects that are directly relevant to enhancing the mission effectiveness of personnel of the Department of Defense or improving platforms, systems, components, or materials proposed to be acquired or developed by the Department of Defense, or to improvement of platforms, systems, components, or materials in use by the armed forces.
(2) The authority of this section—
(A) may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $100,000,000 but not in excess of $500,000,000 (including all options) only upon a written determination by the head of the contracting activity, or, for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency that—
(i) the requirements of subsection (d) will be met; and
(ii) the use of the authority of this section is essential to promoting the success of the prototype project;
(B) may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $500,000,000 (including all options) only if—
(i) the senior procurement executive for the agency as designated for the purpose of [section 1702(c) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&ed
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4022
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Federal law — U.S. Code and appendices · legal_authorities
**(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 commer
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2276
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2371b
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Federal law — U.S. Code and appendices · legal_authorities
Page 1845
TITLE 10—ARMED FORCES
§ 2273
1 See Transfer of Functions note below.
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in Pub. L. 115–91, div. A, title XVI, § 1612, Dec. 12,
2017, 131 Stat. 1729, which was set out in a note under
section 2271 of this title, prior to repeal by Pub. L.
118–159, div. A, title XVI, § 1601(b), Dec. 23, 2024, 138 Stat.
2158.
§ 2272. Space science and technology strategy: co-
ordination
The Secretary of Defense and the Director of
National Intelligence shall jointly develop and
implement a space science and technology strat-
egy and shall review and, as appropriate, revise
the strategy biennially. Functions of the Sec-
retary 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 De-
partment of Defense Executive Agent for Space.1
(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.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2272, act Aug. 10, 1956, ch. 1041, 70A
Stat. 124, related to contracts to obtain designs sub-
mitted in design competitions, prior to repeal by Pub.
L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107
Stat. 1704.
AMENDMENTS
2019—Pub. L. 116–92 substituted ‘‘Under Secretary of
Defense for Research and Engineering’’ for ‘‘Assistant
Secretary of Defense f
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2273
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