10 U.S.C. § 2271 — Management of space programs: joint pro-

Page 1837 TITLE 10—ARMED FORCES § 2271 2275c and struck out item 2275 ‘‘Reports on integration of acquisition and capability delivery schedules for seg- ments of major satellite acquisition programs and funding for such programs’’. Amendments were made pursuant to operation of section 102 of this title. 2023—Pub. L. 118–31, div. A, title XVI, §§ 1602, 1603, Dec. 22, 2023, 137 Stat. 584, added items 2275b and 2276a. Amendments were made pursuant to operation of sec- tion 102 of this title. 2022—Pub. L. 117–263, div. A, title XVI, § 1601, Dec. 23, 2022, 136 Stat. 2929, added item 2275a. 2021—Pub. L. 117–81, div. A, title XVI, § 1601(a)(2), Dec. 27, 2021, 135 Stat. 2073, added item 2277. Pub. L. 116–283, div. A, title X, § 1081(a)(35), Jan. 1, 2021, 134 Stat. 3872, struck out item 2279c ‘‘Air Force Space Command’’. 2018—Pub. L. 115–232, div. A, title X, § 1081(a)(18)(B), Aug. 13, 2018, 132 Stat. 1984, added item 2279d. 2017—Pub. L. 115–91, div. A, title X, § 1051(a)(13)(B), title XVI, §§ 1601(a)(2), (b)(2)(B), (b)(2), 1603(d)(2), Dec. 12, 2017, 131 Stat. 1561, 1719, 1720, 1723, added item 2279c, substituted ‘‘Space Rapid Capabilities Office’’ for ‘‘Operationally Responsive Space Program Office’’ in item 2273a and ‘‘Foreign commercial satellite services and foreign launches’’ for ‘‘Foreign commercial sat- ellite services’’ in item 2279, and struck out items 2277 ‘‘Report on foreign counter-space programs’’ and 2279a ‘‘Principal Advisor on Space Control’’. 2015—Pub. L. 114–92, div. A, title XVI, §§ 1602(b), 1603(b), Nov. 25, 2015, 129 Stat. 1096, 1098, added items 2279a and 2279b. 2013—Pub. L. 113–66, div. A, title IX, § 911(b), title XVI, § 1602(a)(2), Dec. 26, 2013, 127 Stat. 823, 942, added items 2278 and 2279. Pub. L. 112–239, div. A, title IX, §§ 911(b), 912(b), 913(c)(2), Jan. 2, 2013, 126 Stat. 1872, 1874, 1876, added items 2275 to 2277. 2009—Pub. L. 111–84, div. A, title IX, § 912(b), Oct. 28, 2009, 123 Stat. 2431, added item 2274 and struck out former item 2274 ‘‘Space surveillance network: pilot program for provision of satellite tracking support to entities outside United States Government’’. 2006—Pub. L. 109–364, div. A, title IX, § 913(b)(2), Oct. 17, 2006, 120 Stat. 2357, substituted ‘‘Operationally Re- sponsive Space Program Office’’ for ‘‘Operationally re- sponsive national security payloads and buses: separate program element required’’ in item 2273a. 2004—Pub. L. 108–375, div. A, title IX, § 913(a)(2), Oct. 28, 2004, 118 Stat. 2028, added item 2273a. 2003—Pub. L. 108–136, div. A, title IX, §§ 911(a)(2), 912(b), 913(b), Nov. 24, 2003, 117 Stat. 1564, 1565, 1567, added items 2272 to 2274. § 2271. Management of space programs: joint pro- gram offices and officer management pro- grams (a) JOINT PROGRAM OFFICES.—The Secretary of Defense shall take appropriate actions to en- sure, 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 ac- tions to ensure, to the maximum extent prac- ticable, that— (A) Army, Navy, and Marine Corps officers, as well as Air Force officers, are assigned to the space development and acquisition pro- grams 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 re- ferred to in subsection (a). (2) The Secretary of Defense shall designate those positions in the Office of the National Se- curity Space Architect of the Department of De- fense (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.) Editorial Notes PRIOR PROVISIONS A prior section 2271, act Aug. 10, 1956, ch. 1041, 70A Stat. 123, related to competitions for designs of air- craft, aircraft parts, and aeronautical accessories, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704. Statutory Notes and Related Subsidiaries USE OF MIDDLE TIER ACQUISITION PROGRAM FOR PRO- LIFERATED WARFIGHTER SPACE ARCHITECTURE OF THE SPACE DEVELOPMENT AGENCY Pub. L. 118–31, div. A, title XVI, § 1608, Dec. 22, 2023, 137 Stat. 587, as amended by Pub. L. 118–159, div. A, title VIII, § 804(c)(6), title XVII, § 1701(b), Dec. 23, 2024, 138 Stat. 1969, 2206, provided that: ‘‘(a) IN GENERAL.—The Director of the Space Develop- ment Agency shall use a middle tier acquisition pro- gram for the rapid fielding of satellites and associated systems for each of the following tranches of the pro- liferated warfighter space architecture of the Agency: ‘‘(1) Tranche 1. ‘‘(2) Tranche 2. ‘‘(3) Tranche 3. ‘‘(b) RAPID PROTOTYPING AND FIELDING.—Any tranche of satellites or associated systems developed and field- ed under subsection (a) shall have a level of maturity that allows such satellites or systems to be rapidly prototyped within an acquisition program or rapidly fielded within five years of the development of an ap- proved requirement for such satellites or systems. ‘‘(c) DESIGNATION AS MAJOR CAPABILITY ACQUISI- TION.— ‘‘(1) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment may designate a tranche described in subsection (a) as a major capa- bility acquisition program consistent with Depart- ment of Defense Instruction 5000.85, titled ‘Major Ca- pability Acquisition’ and issued on August 6, 2020 (or a successor instruction). ‘‘(2) NOTICE TO CONGRESS.—Not later than 90 days before the date on which a designation under para- graph (1) is made, the Under Secretary of Defense for Acquisition and Sustainment shall notify the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the intent of the Under Secretary to make such designation and in- clude with such notice a justification for such des- ignation. ‘‘(d) SPACE ACQUISITION COUNCIL REVIEW AND WAIV- ER.— ‘‘(1) REVIEW.—In accordance with section 9021 of title 10, United States Code, the Space Acquisition Council shall review each tranch described subsection (a) to ensure integration across the national security space enterprise. ‘‘(2) WAIVER.—The Space Acquisition Council may waive the requirements of subsection (a) with respect to a tranch or portion of a tranch described in such subsection if the Council— ‘‘(A) on the basis of the review conducted under paragraph (1), determines that the use of a middle tier acquisition program is not warranted for such tranch or portion thereof; and ‘‘(B) not later than 14 days after making such de- termination, submits to the congressional defense committees notice of the intent of the Council to issue such a waiver. Page 1838 TITLE 10—ARMED FORCES § 2271 ‘‘(e) MIDDLE TIER ACQUISITION PROGRAM DEFINED.—In this section, the term ‘middle tier acquisition program’ means an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acqui- sition pathway under section 3602 of title 10, United States Code[,] in a manner consistent with Department of Defense Instruction 5000.80, titled ‘Operation of the Middle Tier of Acquisition (MTA)’ and issued on De- cember 30, 2019 (or a successor instruction).’’ MATTERS RELATING TO SPACE-BASED GROUND AND AIRBORNE MOVING TARGET INDICATION SYSTEMS Pub. L. 118–31, div. A, title XVI, § 1684, Dec. 22, 2023, 137 Stat. 618, as amended by Pub. L. 118–159, div. A, title XVI, § 1654, Dec. 23, 2024, 138 Stat. 2201, provided that: ‘‘(a) IN GENERAL.—The Secretary of the Air Force shall be responsible for presenting space-based ground and airborne moving target indication systems to the combatant commands to accomplish missions assigned to such commands under the Unified Command Plan that— ‘‘(1) are primarily or fully funded by the Depart- ment of Defense; and ‘‘(2) provide near real-time, direct support to sat- isfy the operational requirements of such commands. ‘‘(b) MILESTONE DECISION AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary of the Air Force, in consultation with the Director of National Intel- ligence, shall be the milestone decision authority (as defined in section 4204 of title 10, United States Code) for space-related acquisition programs for ground and airborne moving target indication systems described in subsection (a) that are primarily or fully funded within the military intelligence program. ‘‘(2) APPOINTMENT OF PROGRAM EXECUTIVE OFFICER.— The service acquisition executive for the Air Force for space systems and programs shall appoint a pro- gram executive officer, and designate an office, for the acquisition of space-based air and moving target indication systems. ‘‘(c) INITIAL OPERATIONAL CAPABILITY.—Not later than May 31, 2025, the Chairman of the Joint Chiefs of Staff shall— ‘‘(1) designate a date by which the space-based ground moving target indication system will achieve initial operational capability; and ‘‘(2) notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of such date. ‘‘(d) WORKING GROUP.— ‘‘(1) ESTABLISHMENT.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall establish a working group, to be known as the ‘Moving Target Indication Working Group’ (referred to in this section as the ‘working group’). ‘‘(2) RESPONSIBILITIES.—The working group shall be responsible for— ‘‘(A) addressing Department of Defense joint serv- ice requirements for moving target indication sys- tems; ‘‘(B) monitoring the cost, schedule, and perform- ance of all efforts to replace the tactical intel- ligence, surveillance, and reconnaissance capability that is provided, as of the date of enactment of this Act, by the Joint Surveillance Target Attack Radar System; and ‘‘(C) developing the processes and procedures for tasking, collection, processing, exploitation, and dissemination of the data collected by moving tar- get indication systems. ‘‘(3) MEMBERSHIP.— ‘‘(A) IN GENERAL.—The working group shall be composed of members selected by the Secretary of Defense as follows: ‘‘(i) One member of the Space Force and one member of the Joint Staff each of whom shall serve as a co-chair of the working group. ‘‘(ii) One representative of each of the fol- lowing: ‘‘(I) The Army. ‘‘(II) The Navy. ‘‘(III) The Marine Corps. ‘‘(IV) The Air Force. ‘‘(B) CONGRESSIONAL NOTIFICATION.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a list of the members selected to serve on the working group pursuant to subparagraph (A). ‘‘(4) BRIEFING REQUIREMENTS.— ‘‘(A) INITIAL BRIEFING.—Not later than 120 days after the date of the enactment of this Act, the co- chairs of the working group shall provide to the congressional defense committees a briefing on— ‘‘(i) any capabilities development documents developed by the working group that are either approved by, or in development for, the Joint Re- quirements Oversight Council; and ‘‘(ii) any progress of the working group towards developing processes and procedures for tasking, collection, processing, exploitation, and dissemi- nation of data collected by future moving target indication systems. ‘‘(B) BIANNUAL BRIEFINGS.—Not less frequently than biannually following the initial briefing under subparagraph (A), the working group shall provide to the congressional defense committees a briefing on the status of any moving target indication pro- grams under development by the Department of De- fense as of the date of the briefing. ‘‘(C) SUNSET.—The requirement to provide brief- ings under this paragraph shall terminate on the date that is five years after the date of the enact- ment of this Act.’’ ALLIED RESPONSIVE SPACE CAPABILITIES Pub. L. 117–263, div. A, title XVI, § 1606, Dec. 23, 2022, 136 Stat. 2931, provided that: ‘‘(a) INITIATIVES.—The Secretary of the Defense and the Secretary of State shall jointly ensure that respon- sive space capabilities of the Department of Defense align with initiatives by Five Eyes countries, member states of the North Atlantic Treaty Organization, and other allies to promote a globally responsive space ar- chitecture. ‘‘(b) REPORT.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Sec- retary of Defense and the Secretary of State, in coordi- nation with the Commander of the United States Euro- pean Command, the Commander of the United States Indo-Pacific Command, and the Commander of the United States Space Command, shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on For- eign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report assessing current investments and partnerships by the United States with allies of the United States with re- spect to responsive space efforts. The report shall in- clude the following: ‘‘(1) An assessment of the benefits of leveraging al- lied and partner spaceports for responsive launch. ‘‘(2) A discussion of current and future plans to en- gage with allies and partners with respect to activi- ties ensuring rapid reconstitution or augmentation of the space capabilities of the United States and allies. ‘‘(3) An assessment of the shared costs and tech- nology between the United States and allies, includ- ing if investments from the Pacific Deterrence Initia- tive and the European Deterrence Initiative could be considered for allied spaceports. ‘‘(c) FIVE EYES COUNTRIES DEFINED.—In this section, the term ‘Five Eyes countries’ means the following: ‘‘(1) Australia. ‘‘(2) Canada. ‘‘(3) New Zealand. Page 1839 TITLE 10—ARMED FORCES § 2271 ‘‘(4) The United Kingdom. ‘‘(5) The United States.’’ LIMITATION ON USE OF COMMERCIAL SATELLITE SERVICES AND ASSOCIATED SYSTEMS Pub. L. 117–81, div. A, title XVI, § 1607(b), Dec. 27, 2021, 135 Stat. 2079, provided that: ‘‘(1) IN GENERAL.—Except as provided by paragraph (2), the Secretary of Defense may not rely solely on the use of commercial satellite services and associated sys- tems to carry out operational requirements, including command and control requirements, targeting require- ments, or other requirements that are necessary to exe- cute strategic and tactical operations. ‘‘(2) MITIGATION MEASURES.—The Secretary may rely solely on the use of commercial satellite services and associated systems to carry out an operational require- ment described in paragraph (1) if the Secretary has taken measures to mitigate the vulnerability of any such requirement.’’ CLASSIFICATION REVIEW OF PROGRAMS OF THE SPACE FORCE Pub. L. 117–81, div. A, title XVI, § 1609, Dec. 27, 2021, 135 Stat. 2081, provided that: ‘‘(a) CLASSIFICATION REVIEW.—The Secretary of De- fense shall— ‘‘(1) not later than 120 days after the date of the en- actment of this Act [Dec. 27, 2021], conduct a review of each classified program managed under the author- ity of the Space Force to determine whether— ‘‘(A) the level of classification of the program could be changed to a lower level; or ‘‘(B) the program could be declassified; and ‘‘(2) not later than 90 days after the date on which the Secretary completes such review, commence the change to the classification level or the declassifica- tion as determined in such review. ‘‘(b) COORDINATION.—The Secretary shall carry out the review under subsection (a)(1) in coordination with the Assistant Secretary of Defense for Space Policy and, as the Secretary determines appropriate, the heads of other elements of the Department of Defense. ‘‘(c) REPORT.—Not later than 60 days after the date on which the Secretary completes the review under sub- section (a)(1), the Secretary, in coordination with the Assistant Secretary of Defense for Space Policy, shall submit to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] a report iden- tifying each program managed under the authority of the Space Force covered by a determination regarding changing the classification level of the program or de- classifying the program, including— ‘‘(1) the timeline for implementing such change or declassification; and ‘‘(2) any risks that exist in implementing such change or declassification.’’ SPACE POLICY REVIEW Pub. L. 117–81, div. A, title XVI, § 1611, Dec. 27, 2021, 135 Stat. 2081, as amended by Pub. L. 118–31, div. A, title XVI, § 1605, Dec. 22, 2023, 137 Stat. 586, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense, in con- sultation with the Director of National Intelligence, shall carry out a review of the space policy of the De- partment of Defense. ‘‘(b) ELEMENTS.—The review under subsection (a) shall include the following: ‘‘(1) With respect to the five-year period following the date of the review, an assessment of the threat to the space operations of the United States and the al- lies of the United States. ‘‘(2) An assessment of the national security objec- tives of the Department relating to space. ‘‘(3) An evaluation of the policy changes and fund- ing necessary to accomplish such objectives during such five-year period. ‘‘(4) An assessment of the policy of the Department with respect to deterring, responding to, and coun- tering threats to the space operations of the United States and the allies of the United States. ‘‘(5) An analysis of such policy with respect to nor- mative behaviors in space, including the commercial use of space. ‘‘(6) An analysis of the extent to which such policy is coordinated with other ongoing policy reviews, in- cluding reviews regarding nuclear, missile defense, and cyber operations. ‘‘(7) A description of the organization and space doctrine of the Department to carry out the space policy of the Department. ‘‘(8) An assessment of the space systems and archi- tectures to implement such space policy. ‘‘(9) Any other matters the Secretary considers ap- propriate. ‘‘(c) REPORT.— ‘‘(1) REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary, in consultation with the Director, shall submit to the appropriate congressional com- mittees a report on the results of the review under subsection (a). ‘‘(2) UPDATES.—The Secretary shall provide for up- dates to the assessments, analyses, and evaluations carried out pursuant to such review. The Secretary shall submit to the appropriate congressional com- mittees a report on any such updates concurrently with the National Defense Strategy required to be submitted to Congress under section 113(g) of title 10, United States Code. ‘‘(3) FORM.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means the following: ‘‘(1) The congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]. ‘‘(2) The Committee on Science, Space, and Tech- nology and the Permanent Select Committee on In- telligence of the House of Representatives. ‘‘(3) The Committee on Commerce, Science, and Transportation and the Select Committee on Intel- ligence of the Senate.’’ COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES Pub. L. 116–283, div. A, title XVI, § 1607, Jan. 1, 2021, 134 Stat. 4047, provided that: ‘‘(a) PROCUREMENT.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Sec- retary of the Air Force shall procure commercial space domain awareness services by awarding at least two contracts for such services. ‘‘(b) LIMITATION.—Of the funds authorized to be ap- propriated by this Act or otherwise made available for fiscal year 2021 for the Office of the Secretary of the Air Force, not more than 75 percent may be obligated or expended until the date on which the Secretary of De- fense, without delegation, certifies to the congressional committees that the Secretary of the Air Force has awarded the contracts under subsection (a). ‘‘(c) REPORT.—Not later than January 31, 2021, the Chief of Space Operations, in coordination with the Secretary of the Air Force, shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report detailing the com- mercial space domain awareness services, data, and analytics of objects in low-Earth orbit that have been purchased during the two-year period preceding the date of the report. The report shall be submitted in un- classified form. ‘‘(d) COMMERCIAL SPACE DOMAIN AWARENESS SERVICES DEFINED.—In this section, the term ‘commercial space domain awareness services’ means space domain aware- ness data, processing software, and analytics derived from best-in-breed commercial capabilities to address warfighter requirements in low-Earth orbit and fill Page 1840 TITLE 10—ARMED FORCES § 2271 gaps in current space domain capabilities of the Space Force, including commercial capabilities to— ‘‘(1) provide conjunction and maneuver alerts; ‘‘(2) monitor breakup and launch events; and ‘‘(3) detect and track objects smaller than 10 centi- meters in size.’’ TACTICALLY RESPONSIVE SPACE CAPABILITY Pub. L. 116–283, div. A, title XVI, § 1609, Jan. 1, 2021, 134 Stat. 4048, as amended by Pub. L. 117–81, div. A, title XVI, § 1605, Dec. 27, 2021, 135 Stat. 2078; Pub. L. 117–263, div. A, title XVI, § 1604, Dec. 23, 2022, 136 Stat. 2930, pro- vided that: ‘‘(a) PROGRAM.—The Secretary of the Air Force shall ensure that the Space Force has a tactically responsive space capability that— ‘‘(1) addresses all lifecycle elements; and ‘‘(2) addresses rapid deployment and reconstitution requirements— ‘‘(A) to provide long-term continuity for tactically responsive space capabilities across the future-years defense program submitted to Con- gress under section 221 of title 10, United States Code; ‘‘(B) to continue the development of concepts of operations, including with respect to tactics, train- ing, and procedures; ‘‘(C) to develop appropriate processes for tactically responsive space launch, including— ‘‘(i) mission assurance processes; and ‘‘(ii) command and control, tracking, telem- etry, and communications; and ‘‘(D) to identify basing requirements necessary to enable tactically responsive space capabilities. ‘‘(b) REQUIREMENTS.—The Chief of Space Operations shall establish tactically responsive requirements for all national security space capabilities, if applicable, carried out under title 10, United States Code. ‘‘(c) SUPPORT.— ‘‘(1) ELEMENTS.—The Secretary of Defense, in con- sultation with the Director of National Intelligence, shall support the tactically responsive space program under subsection (a) during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 to ensure that the program addresses the fol- lowing: ‘‘(A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are de- graded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance. ‘‘(B) The entire end-to-end tactically responsive space capability, including with respect to the launch vehicle, ground infrastructure, bus, payload, operations and on-orbit sustainment. ‘‘(2) PLAN.—As a part of the defense budget mate- rials (as defined in section 239 of title 10, United States Code) for each of fiscal years 2023 through 2026, the Secretary of Defense, in consultation with the Di- rector of National Intelligence, shall submit to Con- gress a plan for the tactically responsive space pro- gram to address the elements under paragraph (1). Such plan shall include the following: ‘‘(A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force, and how to incorporate such lessons into future efforts regard- ing tactically responsive capabilities. ‘‘(B) How to achieve responsive acquisition timelines within the adaptive acquisition frame- work for space acquisition pursuant to section 807. ‘‘(C) Plans to address supply chain issues and le- verage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive space program under subsection (a).’’ SPACE-BASED ENVIRONMENTAL MONITORING MISSION REQUIREMENTS Pub. L. 116–92, div. A, title XVI, § 1605, Dec. 20, 2019, 133 Stat. 1723, provided that: ‘‘(a) PROCUREMENT OF MODERNIZED PATHFINDER PRO- GRAM SATELLITE.— ‘‘(1) IN GENERAL.—The Secretary of the Air Force shall procure a modernized pathfinder program sat- ellite that— ‘‘(A) addresses space-based environmental moni- toring mission requirements; ‘‘(B) reduces the risk that the Department of De- fense experiences a gap in meeting such require- ments during the period beginning January 1, 2023, and ending December 31, 2025; and ‘‘(C) is launched not later than January 1, 2023. ‘‘(2) TYPE OF SATELLITE.—The satellite described in paragraph (1) may be a free-flyer or a hosted payload satellite. ‘‘(3) PLAN.—Not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019], the Sec- retary of the Air Force shall submit to the appro- priate congressional committees a plan to procure and launch the satellite described in paragraph (1), including with respect to— ‘‘(A) the requirements for such satellite, includ- ing operational requirements; ‘‘(B) timelines for such procurement and launch; ‘‘(C) costs for such procurement and launch; and ‘‘(D) the launch plan. ‘‘(4) PROCEDURES.—The Secretary of the Air Force shall ensure that the satellite described in paragraph (1) is procured using full and open competition through the use of competitive procedures. ‘‘(5) WITHHOLDING OF FUNDS.—The amount equal to 10 percent of the total amount authorized to be ap- propriated to the Office of the Secretary of Air Force for the travel of persons under the Operations and Maintenance, Defense-Wide account shall be withheld from obligation or expenditure until the date on which a contract is awarded for the procurement of the satellite described in paragraph (1). ‘‘(b) WEATHER SYSTEM SATELLITE.—The Secretary of the Air Force shall ensure that the electro-optical/in- frared weather system satellite— ‘‘(1) meets space-based environmental monitoring mission requirements; ‘‘(2) is procured using full and open competition through the use of competitive procedures; and ‘‘(3) is launched not later than September 30, 2025. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate congressional commit- tees’ means— ‘‘(A) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives and the Se- lect Committee on Intelligence of the Senate. ‘‘(2) The term ‘space-based environmental moni- toring mission requirements’ means the national se- curity requirements for cloud characterization and theater weather imagery.’’ RESILIENT ENTERPRISE GROUND ARCHITECTURE Pub. L. 116–92, div. A, title XVI, § 1606, Dec. 20, 2019, 133 Stat. 1724, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of the Air Force, to advance the se- curity of the space assets of the Department of Defense, should— ‘‘(1) expand on complementary efforts within the Air Force that promote the adoption of a resilient en- terprise ground architecture that is responsive to new and changing threats and can rapidly integrate new capabilities to make the warfighting force of the United States more resilient in a contested battlespace; and ‘‘(2) prioritize the swift transition of space ground architecture to a common platform and leverage Page 1841 TITLE 10—ARMED FORCES § 2271 commercial capabilities in concurrence with the 2015 intent memorandum of the Commander of the Air Force Space Command. ‘‘(b) FUTURE ARCHITECTURE.—The Secretary of De- fense shall, to the extent practicable— ‘‘(1) develop future satellite ground architectures of the Department of Defense to be compatible with complementary commercial systems that can support uplink and downlink capabilities with dual-band spacecraft; and ‘‘(2) emphasize that future ground architecture transition away from stove-piped systems to a serv- ice-based platform that provides members of the Armed Forces with flexible and adaptable capabilities that— ‘‘(A) use, as applicable, commercially available capabilities and technologies for increased resil- iency and cost savings; and ‘‘(B) build commercial opportunity and integra- tion across the range of resilient space systems. ‘‘(c) REPORT.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Sec- retary of Defense shall submit to the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] a report on the future architecture de- scribed in subsection (b).’’ SPACE WARFIGHTING POLICY, REVIEW OF SPACE CAPA- BILITIES, AND PLAN ON SPACE WARFIGHTING READI- NESS Pub. L. 115–232, div. A, title XVI, § 1607, Aug. 13, 2018, 132 Stat. 2108, provided that: ‘‘(a) SPACE WARFIGHTING POLICY.—Not later than March 29, 2019, the Secretary of Defense shall develop a space warfighting policy. ‘‘(b) REVIEW OF SPACE CAPABILITIES.— ‘‘(1) IN GENERAL.—The Secretary shall conduct a re- view relating to the national security space enter- prise that evaluates the following: ‘‘(A) The resiliency of the national security space enterprise with respect to a conflict. ‘‘(B) The ability of the national security space en- terprise to attribute an attack on a space system in a timely manner. ‘‘(C) The ability of the United States— ‘‘(i) to resolve a conflict in space; and ‘‘(ii) to determine the material means by which such conflict may be resolved. ‘‘(D) Specific options for the national security space enterprise to provide the ability— ‘‘(i) to defend against aggressive behavior in space at all levels of conflict; ‘‘(ii) to defeat any adversary that demonstrates aggressive behavior in space at all levels of con- flict; ‘‘(iii) to deter aggressive behavior in space at all levels of conflict; and ‘‘(iv) to develop a declassification strategy, if required to demonstrate deterrence. ‘‘(E) The effectiveness and efficiency of the na- tional security space enterprise to rapidly research, develop, acquire, and deploy space capabilities and capacities— ‘‘(i) to deter and defend the national security space assets of the United States; and ‘‘(ii) to respond to any new threat to such space assets. ‘‘(F) The roles, responsibilities, and authorities of the Department of Defense with respect to space control activities. ‘‘(G) Any emerging space threat the Secretary ex- pects the United States to confront during the 10- year period beginning on the date of the enactment of this Act [Aug. 13, 2018]. ‘‘(H) Such other matters as the Secretary con- siders appropriate. ‘‘(2) REPORT.— ‘‘(A) IN GENERAL.—Not later than March 29, 2019, the Secretary shall submit to the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the findings of the re- view under paragraph (1). ‘‘(B) FORM.—The report under subparagraph (A) shall be submitted in unclassified form, but may in- clude a classified annex. ‘‘(c) PLAN ON SPACE WARFIGHTING READINESS.— ‘‘(1) IN GENERAL.—Not later than March 29, 2019, the Secretary of Defense shall develop, and commence the implementation of, a plan that— ‘‘(A) identifies joint mission-essential tasks for space as a warfighting domain; ‘‘(B) identifies any additional authorities, or dele- gated authorities, that would need to accompany the employment of forces to meet such mission-es- sential tasks; ‘‘(C) meets the readiness requirements for space warfighting, including with respect to equipment, training, and personnel, to meet such mission-es- sential tasks; and ‘‘(D) considers the contributions by allies and partners of the United States with respect to de- fense space capabilities to increase burden sharing across space systems, as appropriate. ‘‘(2) BRIEFING.—Not later than March 29, 2019, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Sen- ate, and to any other congressional defense com- mittee upon request, a briefing describing the au- thorities identified under paragraph (1)(B) that the Secretary determines require legislative action.’’ DESIGNATION OF COMPONENT OF DEPARTMENT OF DE- FENSE RESPONSIBLE FOR COORDINATION OF HOSTED PAYLOAD INFORMATION Pub. L. 115–232, div. A, title XVI, § 1611, Aug. 13, 2018, 132 Stat. 2112, provided that: ‘‘Not later than 30 days after the date of the enact- ment of this Act [Aug. 13, 2018], the Secretary of De- fense, in coordination with the Secretary of the Air Force, and other Secretaries of the military depart- ments and the heads of Defense Agencies the Secretary determines appropriate, shall designate a component of the Department of Defense or a military department to be responsible for coordinating information, processes, and lessons learned relating to using commercially hosted payloads across the military departments, De- fense Agencies, and other appropriate elements of the Department of Defense. The functions of such des- ignated component shall include, at a minimum, the following: ‘‘(1) Systematically collecting information from past and planned hosted payload arrangements to in- form future acquisition planning and space system architecture design, including integration test data, lessons learned, and design solutions. ‘‘(2) Creating a centralized database for cost, tech- nical data, and lessons learned on commercially hosted payloads and sharing such information with other elements of the Department.’’ AIR FORCE SPACE CONTRACTOR RESPONSIBILITY WATCH LIST Pub. L. 115–91, div. A, title XVI, § 1612, Dec. 12, 2017, 131 Stat. 1729, which required the Commander of the Air Force Space and Missile Systems Center to establish and maintain a space contractor responsibility watch list, was repealed by Pub. L. 118–159, div. A, title XVI, § 1601(b), Dec. 23, 2024, 138 Stat. 2158. See section 2271a of this title. BRIEFINGS ON THE NATIONAL SPACE DEFENSE CENTER Pub. L. 115–31, div. N, title VI, § 605(e)(2), May 5, 2017, 131 Stat. 832, as amended by Pub. L. 116–283, div. A, title XVI, § 1604(c)(2), (3), Jan. 1, 2021, 134 Stat. 4043, 4044, pro- vided that: ‘‘The Director of the National Reconnais- sance Office and the Commander of the United States Space Command, in coordination with the Director of Page 1842 TITLE 10—ARMED FORCES § 2271 National Intelligence and Under Secretary of Defense for Intelligence [now Under Secretary of Defense for In- telligence and Security], shall provide to the appro- priate committees of Congress briefings providing up- dates on activities and progress of the National Space Defense Center to begin 30 days after the date of the en- actment of this Act [May 5, 2017]. Such briefings shall be quarterly for the first year following enactment, and annually thereafter.’’ [Pub. L. 115–31, div. N, title VI, § 605(a), May 5, 2017, 131 Stat. 830, provided that: ‘‘In this section [enacting provisions set out as a note above], the term ‘appro- priate committees of Congress’ means the congres- sional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Com- mittee on Intelligence of the House of Representa- tives], the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives.’’] SPACE-BASED ENVIRONMENTAL MONITORING Pub. L. 114–328, div. A, title XVI, § 1607, Dec. 23, 2016, 130 Stat. 2586, provided that: ‘‘(a) ROLES OF DOD AND NOAA.— ‘‘(1) MECHANISMS.—The Secretary of Defense and the Administrator of the National Oceanic and At- mospheric Administration shall jointly establish mechanisms to collaborate and coordinate in defining the roles and responsibilities of the Department of Defense and the National Oceanic and Atmospheric Administration to— ‘‘(A) carry out space-based environmental moni- toring; and ‘‘(B) plan for future non-governmental space- based environmental monitoring capabilities, as ap- propriate. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) may be construed to authorize a joint satellite program of the Department of Defense and the Na- tional Oceanic and Atmospheric Administration. ‘‘(b) REPORT.—Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2016], the Sec- retary and the Administrator shall jointly submit to the appropriate congressional committees a report on the mechanisms established under subsection (a)(1). ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; ‘‘(2) the Committee on Science, Space, and Tech- nology of the House of Representatives; and ‘‘(3) the Committee on Commerce, Science, and Transportation of the Senate.’’ CONSOLIDATION OF ACQUISITION OF WIDEBAND SATELLITE COMMUNICATIONS Pub. L. 114–92, div. A, title XVI, § 1610, Nov. 25, 2015, 129 Stat. 1102, provided that: ‘‘(a) PLAN.— ‘‘(1) CONSOLIDATION.—Not later than one year after the date of the enactment of this Act [Nov. 25, 2015], the Secretary of Defense shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for the consolida- tion, during the one-year period beginning on the date on which the plan is submitted, of the acquisi- tion of wideband satellite communications necessary to meet the requirements of the Department of De- fense for such communications, including with re- spect to military and commercial satellite commu- nications. ‘‘(2) ELEMENTS.—The plan under paragraph (1) shall include— ‘‘(A) an assessment of the management and over- head costs relating to the acquisition of commer- cial satellite communications services across the Department of Defense; ‘‘(B) an estimate of— ‘‘(i) the costs of implementing the consolidation of the acquisition of such services described in paragraph (1); and ‘‘(ii) the projected savings of the consolidation; ‘‘(C) the identification and designation of a single acquisition agent pursuant to paragraph (3)(A); and ‘‘(D) the roles and responsibilities of officials of the Department, including pursuant to paragraph (3). ‘‘(3) SINGLE ACQUISITION AGENT.— ‘‘(A) Except as provided by subparagraph (B), under the plan under paragraph (1), the Secretary of Defense shall identify and designate a single sen- ior official of the Department of Defense to procure wideband satellite communications necessary to meet the requirements of the Department of De- fense for such communications, including with re- spect to military and commercial satellite commu- nications. ‘‘(B) Notwithstanding subparagraph (A), under the plan under paragraph (1), an official described in subparagraph (C) may carry out the procurement of commercial wideband satellite communications if the official determines that such procurement is required to meet an urgent need. ‘‘(C) An official described in this subparagraph is any of the following: ‘‘(i) A Secretary of a military department. ‘‘(ii) The Under Secretary of Defense for Acqui- sition, Technology, and Logistics. ‘‘(iii) The Chief Information Office[r] of the De- partment of Defense. ‘‘(iv) A commander of a combatant command. ‘‘(4) VALIDATION.—The Director of Cost Assessment and Program Evaluation shall validate the assess- ment required by subparagraph (A) of paragraph (2) and the estimates required by subparagraph (B) of such paragraph. ‘‘(b) IMPLEMENTATION.— ‘‘(1) IN GENERAL.—Except as provided by paragraph (2), the Secretary of Defense shall complete the im- plementation of the plan under subsection (a) by not later than one year after the date on which the Sec- retary submits the plan under such paragraph. ‘‘(2) WAIVER.—The Secretary may waive the imple- mentation of the plan under subsection (a) if the Sec- retary— ‘‘(A) determines that— ‘‘(i) such implementation will require signifi- cant additional funding; or ‘‘(ii) such waiver is in the interests of national security; and ‘‘(B) submits to the congressional defense com- mittees notice of such waiver and the justifications for such waiver.’’ SATELLITE COMMUNICATIONS RESPONSIBILITIES OF EXECUTIVE AGENT FOR SPACE Pub. L. 113–291, div. A, title XVI, § 1603, Dec. 19, 2014, 128 Stat. 3622, directed the revision of Department of Defense guidance relating to acquisition of satellite communications no later than 180 days after Dec. 19, 2014. PROHIBITION ON CONTRACTING WITH RUSSIAN SUPPLIERS OF ROCKET ENGINES FOR THE NATIONAL SECURITY SPACE LAUNCH PROGRAM Pub. L. 113–291, div. A, title XVI, § 1608, Dec. 19, 2014, 128 Stat. 3626, as amended by Pub. L. 114–92, div. A, title XVI, § 1607, Nov. 25, 2015, 129 Stat. 1100; Pub. L. 114–328, div. A, title XVI, § 1602, Dec. 23, 2016, 130 Stat. 2582, pro- vided that: ‘‘(a) IN GENERAL.—Except as provided by subsections (b) and (c), beginning on the date of the enactment of this Act [Dec. 19, 2014], the Secretary of Defense may not award or renew a contract for the procurement of property or services for space launch activities under the evolved expendable launch vehicle program [now Page 1843 TITLE 10—ARMED FORCES § 2271 the National Security Space Launch program] if such contract carries out such space launch activities using rocket engines designed or manufactured in the Rus- sian Federation. ‘‘(b) WAIVER.—The Secretary may waive the prohibi- tion under subsection (a) with respect to a contract for the procurement of property or services for space launch activities if the Secretary determines, and cer- tifies to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] not later than 30 days before the waiver takes effect, that— ‘‘(1) the waiver is necessary for the national secu- rity interests of the United States; and ‘‘(2) the space launch services and capabilities cov- ered by the contract could not be obtained at a fair and reasonable price without the use of rocket en- gines designed or manufactured in the Russian Fed- eration. ‘‘(c) EXCEPTION.—The prohibition in subsection (a) shall not apply to any of the following: ‘‘(1) The placement of orders or the exercise of op- tions under the contract numbered FA8811–13–C–0003 and awarded on December 18, 2013. ‘‘(2) Contracts that are awarded during the period beginning on the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 2017 [Dec. 23, 2016] and ending December 31, 2022, for the procurement of property or services for space launch activities that include the use of a total of 18 rocket engines designed or manufactured in the Russian Federation, in addition to the Russian-designed or Russian-manufactured engines to which paragraph (1) applies.’’ INTEGRATED SPACE ARCHITECTURES Pub. L. 111–383, div. A, title IX, § 911, Jan. 7, 2011, 124 Stat. 4328, as amended by Pub. L. 113–291, div. A, title X, § 1071(d)(1)(A), Dec. 19, 2014, 128 Stat. 3509, provided that: ‘‘The Secretary of Defense and the Director of Na- tional Intelligence shall develop an integrated process for national security space architecture planning, de- velopment, coordination, and analysis that— ‘‘(1) encompasses defense and intelligence space plans, programs, budgets, and organizations; ‘‘(2) provides mid-term to long-term recommenda- tions to guide space-related defense and intelligence acquisitions, requirements, and investment decisions; ‘‘(3) is independent of, but coordinated with, the space architecture planning, development, coordina- tion, and analysis activities of each military depart- ment and each element of the intelligence commu- nity (as defined in section 3(4) of the National Secu- rity Act of 1947 (50 U.S.C. 3003(4))); and ‘‘(4) makes use of, to the maximum extent prac- ticable, joint duty assignment (as defined in section 668 of title 10, United States Code) positions.’’ SPACE PROTECTION STRATEGY Pub. L. 110–181, div. A, title IX, § 911(a)–(f), Jan. 28, 2008, 122 Stat. 279, 280, as amended by Pub. L. 113–66, div. A, title IX, § 912(c), Dec. 26, 2013, 127 Stat. 824; Pub. L. 113–291, div. A, title X, § 1071(d)(1)(B), title XVI, § 1606(e), Dec. 19, 2014, 128 Stat. 3509, 3625; Pub. L. 115–232, div. A, title VIII, § 813(b)(1), Aug. 13, 2018, 132 Stat. 1851, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the Sense of Congress that the United States should place greater priority on the protection of national security space systems. ‘‘(b) STRATEGY.—The Secretary of Defense, in con- junction with the Director of National Intelligence, shall develop a strategy, to be known as the Space Pro- tection Strategy, for the development and fielding by the United States of the capabilities that are necessary to ensure freedom of action in space for the United States. ‘‘(c) MATTERS INCLUDED.—The strategy required by subsection (b) shall include each of the following: ‘‘(1) An identification of the threats to, and the vulnerabilities of, the national security space sys- tems of the United States. ‘‘(2) A description of the capabilities currently con- tained in the program of record of the Department of Defense and the intelligence community that ensure freedom of action in space. ‘‘(3) For each period covered by the strategy, a de- scription of the capabilities that are needed for the period, including— ‘‘(A) the hardware, software, and other materials or services to be developed or procured; ‘‘(B) the management and organizational changes to be achieved; and ‘‘(C) concepts of operations, tactics, techniques, and procedures to be employed. ‘‘(4) For each period covered by the strategy, an as- sessment of the gaps and shortfalls between the capa- bilities that are needed for the period and the capa- bilities currently contained in the program of record. ‘‘(5) For each period covered by the strategy, a com- prehensive plan for investment in capabilities that identifies specific program and technology invest- ments to be made in that period. ‘‘(6) A description of the current processes by which the systems protection requirements of the Depart- ment of Defense and the intelligence community are addressed in space acquisition programs and during key milestone decisions, an assessment of the ade- quacy of those processes, and an identification of the actions of the Department and the intelligence com- munity for addressing any inadequacies in those processes. ‘‘(7) A description of the current processes by which the Department of Defense and the intelligence com- munity program and budget for capabilities (includ- ing capabilities that are incorporated into single pro- grams and capabilities that span multiple programs), an assessment of the adequacy of those processes, and an identification of the actions of the Department and the intelligence community for addressing any inadequacies in those processes. ‘‘(8) A description of the organizational and man- agement structure of the Department of Defense and the intelligence community for addressing policy, planning, acquisition, and operations with respect to capabilities, a description of the roles and respon- sibilities of each organization, and an identification of the actions of the Department and the intelligence community for addressing any inadequacies in that structure. ‘‘(d) PERIODS COVERED.—The strategy required by subsection (b) shall cover the following periods: ‘‘(1) Fiscal years 2008 through 2013. ‘‘(2) Fiscal years 2014 through 2019. ‘‘(3) Fiscal years 2020 through 2025. ‘‘(4) Fiscal years 2026 through 2030. ‘‘(e) DEFINITIONS.—In this section— ‘‘(1) the term ‘capabilities’ means space, airborne, and ground systems and capabilities for space situa- tional awareness and for space systems protection; and ‘‘(2) the term ‘intelligence community’ has the meaning given such term in section 3(4) of the Na- tional Security Act of 1947 (50 U.S.C. 3003(4)). ‘‘(f) REPORT.— ‘‘(1) REPORT.—Not later than six months after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense, in conjunction with the Direc- tor of National Intelligence, shall submit to Congress a report on the strategy required by subsection (b), including— ‘‘(A) each of the matters required by subsection (c); and ‘‘(B) a description of how the Department of De- fense and the intelligence community plan to pro- vide necessary national security capabilities, through alternative space, airborne, or ground sys- tems, if a foreign actor degrades, denies access to, or destroys United States national security space capabilities. ‘‘(2) CLASSIFICATION.—The report required by para- graph (1) shall be in unclassified form, but may in- clude a classified annex.’’ Page 1844 TITLE 10—ARMED FORCES § 2271a MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR DETECTION Pub. L. 110–181, div. A, title X, § 1065, Jan. 28, 2008, 122 Stat. 324, provided that: ‘‘The Secretary of Defense shall maintain the capability for space-based nuclear detection at a level that meets or exceeds the level of capability as of the date of the enactment of this Act [Jan. 28, 2008].’’ SPACE SITUATIONAL AWARENESS STRATEGY AND SPACE CONTROL MISSION REVIEW Pub. L. 109–163, div. A, title IX, § 911, Jan. 6, 2006, 119 Stat. 3405, required the Secretary of Defense to develop a ‘‘Space Situational Awareness Strategy’’ for ensuring freedom to operate United States space assets affecting national security, and to provide for a review and as- sessment of the requirements of the Department of De- fense for the space control mission, prior to repeal by Pub. L. 110–181, div. A, title IX, § 911(g), Jan. 28, 2008, 122 Stat. 280. SPACE PERSONNEL CAREER FIELDS Pub. L. 108–136, div. A, title V, § 547, Nov. 24, 2003, 117 Stat. 1480, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, required the Secretary of Defense to develop a strategy to promote the development of space personnel career fields and required reports regarding the strategy to be submitted by the Secretary of De- fense and the Comptroller General to Congress in 2004 and 2005. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTA- TION OF RECOMMENDATIONS OF SPACE COMMISSION Pub. L. 107–107, div. A, title IX, § 914, Dec. 28, 2001, 115 Stat. 1197, directed the Comptroller General to carry out an assessment through Feb. 15, 2003, of the actions taken by the Secretary of Defense in implementing the recommendations in the report of the Space Commis- sion submitted to Congress pursuant to Pub. L. 106–65, § 1623, formerly set out as a note under section 111 of this title, that were applicable to the Department of Defense, and to submit reports to committees of Con- gress, not later than Feb. 15, 2002, and Feb. 15, 2003, set- ting forth the results of the assessment. § 2271a. Space Contractor Responsibility Watch List (a) ESTABLISHMENT.—The Assistant Secretary of the Air Force for Space Acquisition and Inte- gration, acting as the service acquisition execu- tive for the Air Force for space systems and pro- grams, shall maintain a list of contractors with a history of poor performance on space procure- ment contracts. (b) BASIS FOR INCLUSION ON WATCH LIST.—(1) The Assistant Secretary shall place a con- tractor, which may consist of the entire con- tracting entity or a specific division of the con- tracting entity, on the watch list based on a de- termination made under paragraph (2). (2)(A) In considering whether to place a con- tractor on the watch list, the Assistant Sec- retary shall determine whether there is evidence of any of the following: (i) Poor performance on one or more space procurement contracts, or award fee scores below 50 percent. (ii) Inadequate management, operational or financial controls, or resources. (iii) Inadequate security controls or re- sources, including unremediated vulnerabilities arising from foreign ownership, control, or influence. (iv) Any other failure of controls or perform- ance of a nature so serious or compelling as to warrant placement of the contractor on the watch list. (B) If the Assistant Secretary determines, based on evidence described in any of clauses (i) through (iv) of subparagraph (A), that the abil- ity of a contractor to responsibly perform is meaningfully impaired, the Assistant Secretary shall place the contractor on the watch list. (C) The Assistant Secretary shall establish written policies for the consideration of contrac- tors for placement on the watch list, including policies that require that— (i) contractors proposed for placement on the watch list shall be provided with notice and an opportunity to respond; (ii) the basis for a final determination plac- ing a contractor on the watch list shall be doc- umented in writing; and (iii) at the request of a contractor, the con- tractor shall be removed from the watch list if the Assistant Secretary determines that there is evidence that the issue resulting in place- ment on the list has been satisfactorily reme- diated. (c) EFFECT OF LISTING.—(1) The Assistant Sec- retary may not solicit an offer from, award a contract to, consent to a subcontract with, exe- cute a grant, cooperative agreement, or other transaction with, or exercise an option on any space procurement contract with, an entity in- cluded on the watch list unless the Assistant Secretary makes a written determination that there is a compelling reason to do so. (2) Not later than 10 days after the Assistant Secretary makes a determination under para- graph (1), the Assistant Secretary shall notify the congressional defense committees and the Interagency Committee on Debarment and Sus- pension constituted under sections 4 and 5 of Ex- ecutive Order 12549 (51 Fed. Reg. 6370; relating to debarment and suspension) of the determina- tion. (d) LIMITATION ON DELEGATION.—The Assistant Secretary may delegate the authority to make a determination under subsection (b)(2)(B) or sub- section (c)(1) only if the following criteria are met: (1) The delegation is to the suspension and debarment official of the Air Force. (2) The delegation is made on a case-by-case basis. (3) Not later than seven days after the date on which such determination is made, the As- sistant Secretary notifies the congressional defense committees of the delegation. (e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as preventing the sus- pension or debarment of a contractor, but inclu- sion on the watch list shall not be construed as a punitive measure or de facto suspension or de- barment of a contractor. (f) DEFINITIONS.—In this section: (1) The term ‘‘contract’’ includes a grant, co- operative agreement, or other transaction. (2) The term ‘‘contractor’’ means any indi- vidual or entity that enters into a contract. (3) The term ‘‘watch list’’ means the watch list maintained under subsection (a). (Added Pub. L. 118–159, div. A, title XVI, § 1601(a), Dec. 23, 2024, 138 Stat. 2157.)