10 U.S.C. § 2276 — Commercial space launch cooperation

Page 1853 TITLE 10—ARMED FORCES § 2276 Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 struck out period at end of sec- tion catchline. § 2275c. Space Force satellite ground systems (a) REQUIREMENT.—The Assistant Secretary of the Air Force for Space Acquisitions and Inte- gration, acting as the service acquisition execu- tive for the Air Force for space systems and pro- grams, may not authorize a launch associated with a Space Force satellite acquisition pro- gram unless— (1) the associated ground systems and modi- fications are completed and ready for oper- ation at the time of the launch; and (2) the applicable satellite capabilities may be used on completion of the launch. (b) WAIVER.—(1) The Secretary of the Air Force may waive the requirement under sub- section (a) if the Secretary determines that such waiver is necessary for reasons of national secu- rity. (2) Not later than 10 days after making a waiv- er under paragraph (1), the Secretary shall no- tify the congressional defense committees of such waiver. (Added Pub. L. 118–159, div. A, title XVI, § 1603(a), Dec. 23, 2024, 138 Stat. 2160.) Editorial Notes PRIOR PROVISIONS Provisions requiring reports on integration of acqui- sition and capability delivery schedules for segments of major satellite acquisition programs and funding for such programs were contained in section 2275 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1603(b), Dec. 23, 2024, 138 Stat. 2160. § 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 Govern- ment to— (1) maximize the use of the capacity of the space transportation infrastructure of the De- partment 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 sup- port facilities and space recovery support fa- cilities; (4) encourage commercial space activities by enabling investment by covered entities in the space transportation infrastructure of the De- partment of Defense; and (5) foster cooperation between the Depart- ment of Defense and covered entities. (b) AUTHORITY FOR CONTRACTS AND OTHER AGREEMENTS RELATING TO SPACE TRANSPOR- TATION INFRASTRUCTURE.—The Secretary of De- fense— (1) may enter into an agreement with a cov- ered entity to provide the covered entity with support and services related to the space transportation infrastructure of the Depart- ment 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 re- quirements of the Department of Defense if— (A) the Secretary determines that the in- clusion of such support and services in such requirements— (i) is in the best interest of the Federal Government; (ii) does not interfere with the require- ments of the Department of Defense; and (iii) does not compete with the commer- cial space activities of other covered enti- ties, unless that competition is in the na- tional security interests of the United States; and (B) any commercial requirement included in the agreement has full non-Federal fund- ing 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, serv- ices, 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 en- tered into under this subsection; and (B) shall be managed by the Secretary in accordance with regulations of the Depart- ment of Defense. (3) REQUIREMENTS WITH RESPECT TO AGREE- MENTS.—An agreement entered into with a covered entity under this subsection— (A) shall address the terms of use, owner- ship, and disposition of the funds, services, or equipment contributed pursuant to the agreement; and (B) shall include a provision that the cov- ered entity will not recover the costs of its contribution through any other agreement with the United States. (d) DEFENSE COOPERATION SPACE LAUNCH AC- COUNT.— (1) ESTABLISHMENT.—There is established in the Treasury of the United States a special ac- count to be known as the ‘‘Defense Coopera- tion 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 ap- propriated and shall be available for obliga- tion only to the extent provided in advance in an appropriation Act for costs incurred by the Department of Defense in carrying out sub- section (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.] Page 1854 TITLE 10—ARMED FORCES § 2276 (f) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (g) DEFINITIONS.—In this section: (1) COVERED ENTITY.—The term ‘‘covered en- tity’’ 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 activi- ties. (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 INFRASTRUC- TURE.—The term ‘‘space transportation infra- structure’’ 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.) Editorial Notes PRIOR PROVISIONS A prior section 2276, acts Aug. 10, 1956, ch. 1041, 70A Stat. 126; Sept. 7, 1962, Pub. L. 87–651, title I, § 131, 76 Stat. 514, which related to inspection and audit of plants and books of contractors and provided criminal penalties for violations, was repealed by Pub. L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–232 struck out subsec. (e). Text read as follows: ‘‘Not later than January 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the funds, services, and equipment accepted and used by the Secretary under this section during the preceding fiscal year.’’ Statutory Notes and Related Subsidiaries PLAN TO IMPROVE THREAT-SHARING ARRANGEMENTS WITH COMMERCIAL SPACE OPERATORS Pub. L. 118–31, div. A, title XVI, § 1610, Dec. 22, 2023, 137 Stat. 589, provided that: ‘‘(a) PLAN FOR THREAT SHARING WITH COMMERCIAL SPACE OPERATORS.—The Assistant Secretary of the Air Force for Space Acquisition and Integration, in con- sultation with the Commander of the United States Space Command, shall develop and implement a plan to expand threat-sharing arrangements with commercial space operators that are under contract with the De- partment of Defense as of the date of the enactment of this Act [Dec. 22, 2023]. ‘‘(b) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of the Air Force for Space Acquisition and Integration, in coordination with the Commander of the United States Space Command, shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the plan required under subsection (a).’’ NATIONAL SECURITY SPACE LAUNCH PROGRAM Pub. L. 118–159, div. A, title XVI, § 1605(b), (c), Dec. 23, 2024, 138 Stat. 2161, provided that: ‘‘(b) NOTIFICATION OF CHANGES IN PHASE THREE ACQUI- SITION STRATEGY.—Not later than seven days before im- plementing any modification to the final phase three acquisition strategy under the National Security Space Launch program, the Assistant Secretary of the Air Force for Space Acquisition and Integration shall sub- mit to the appropriate congressional committees no- tice of the proposed modification together with an ex- planation of the reasons for such modification. ‘‘(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 congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). ‘‘(2) The term ‘final phase three acquisition strat- egy’ means the acquisition strategy for phase three of the National Security Space Launch program, as ap- proved by the Assistant Secretary of the Air Force for Space Acquisition and Integration on March 4, 2024. ‘‘(3) The term ‘phase three’ has the meaning given that term in section 1601(e) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 118–71 [probably should be 117–81]; 10 U.S.C. 2276 note) [set out below].’’ Pub. L. 117–81, div. A, title XVI, § 1601(b), (c), (e), Dec. 27, 2021, 135 Stat. 2073–2075, as amended by Pub. L. 118–159, div. A, title XVI, § 1605(a), Dec. 23, 2024, 138 Stat. 2161, provided that: ‘‘(b) POLICY.—With respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act [Dec. 27, 2021] and ending September 30, 2029, it shall be the policy of the Department of Defense and the National Reconnais- sance Office to— ‘‘(1) use the National Security Space Launch pro- gram to the extent practical to procure launch serv- ices only from launch service providers that can meet Federal requirements with respect to delivering re- quired payloads to reference orbits covered under the requirements of phase two; and ‘‘(2) maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national se- curity requirements. ‘‘(c) NOTIFICATION.—If the Secretary of Defense or the Director of the National Reconnaissance Office deter- mines that a program requiring launch services that could be met using the National Security Space Launch program will instead use an alternative launch procure- ment approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees— ‘‘(1) a notification of such determination; ‘‘(2) a certification that the alternative launch pro- curement approach is in the national security inter- est of the United States; and ‘‘(3) an outline of the cost analysis and any other rationale for such determination. ‘‘(e) 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 ‘phase three’ means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024. ‘‘(3) The term ‘phase two’ means, with respect to the National Security Space Launch program, launch Page 1855 TITLE 10—ARMED FORCES § 2277 missions ordered under the program during fiscal years 2020 through 2024.’’ § 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 commer- cial 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 SERV- ICES TO COMMERCIAL ENTITIES.— (1) CONTRACT OR OTHER TRANSACTION AUTHOR- ITY.—The Secretary of a military department may enter into a contract or other transaction with one or more commercial entities that in- tend to conduct space launch activities on a military installation under the jurisdiction of the Secretary. Under such a contract or agree- ment, the Secretary may agree to provide to the commercial entity supplies, services, equipment, and construction needed for com- mercial space launch. (2) COSTS.— (A) DIRECT COSTS.—If the Secretary of a military department enters into a contract or other transaction with a commercial enti- ty under paragraph (1), such contract or transaction shall include a provision that re- quires the commercial entity to reimburse the Department of Defense for all direct costs to the United States that are associ- ated 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 enti- ty under paragraph (1), such contract or transaction may include a provision that re- quires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary considers to be appro- priate. In such a case, such contract or other transaction may provide for the reimburse- ment of such indirect costs through the es- tablishment of a rate, fixed price, or similar mechanism the Secretary concerned deter- mines 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 ap- propriations account from which the cost for which such reimbursement is provided was de- rived. (4) REGULATIONS.—The Secretary of each of the military departments shall prescribe regu- lations to carry out this subsection. (c) DEFINITIONS.—In this section: (1) SPACE LAUNCH.—The term ‘‘space launch’’ includes all activities, supplies, equipment, fa- cilities, or services supporting launch prepara- tion, launch, reentry, recovery, and other launch-related activities for both the payload and the space transportation vehicle. (2) COMMERCIAL ENTITY.—The term ‘‘com- mercial 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 de- partment shall— (1) with respect to any contract or other transaction authority entered into pursuant to subsection (b), limit the amount of the indi- rect costs that are reimbursable under para- graph (2)(B) of such subsection to not more than 30 percent, not to exceed $5,000,000 annu- ally (based on fiscal year 2024 constant dol- lars), 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 brief- ing 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 fol- lowing the fiscal year covered by the report. (Added Pub. L. 118–31, div. A, title XVI, § 1603, Dec. 22, 2023, 137 Stat. 584.) § 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 con- gressional defense committees a description of the pricing terms of the contract. For those con- tracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the con- gressional 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 sub- mitted 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 descrip- tion. (c) RULE OF CONSTRUCTION.—For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be con- strued as a disclosure authorized by law. (Added Pub. L. 117–81, div. A, title XVI, § 1601(a)(1), Dec. 27, 2021, 135 Stat. 2073.)