§9021 — Title 10 Armed Forces | U.S. Code

Summary

Creates a Space Acquisition Council inside the Office of the Secretary of the Air Force to run and coordinate how the military buys and connects space systems for national security. The council members are: the Under Secretary of the Air Force; the Assistant Secretary of the Air Force for Space Acquisition and Integration (the chair); the Assistant Secretary of Defense for Space Policy; the Director of the National Reconnaissance Office; the Chief of Space Operations; and the Commander of U.S. Space Command. The council must review any space architecture decision by the Assistant Secretary for Space Acquisition and Integration and either certify it or decline to certify it. Within 10 business days of the council’s decision, it must send Congress a notice with a detailed reason. The Assistant Secretary cannot start implementation until 30 days after that notice, unless the Secretary of Defense waives the wait for an urgent national security need and tells Congress why. The council must meet at least once a month and must send Congress a report on its activities within 30 days after the end of each calendar quarter, continuing through the first quarter of 2025.

Title 10, §9021

Armed Forces — Source: USLM XML via OLRC

(a)There is in the Office of the Secretary of the Air Force a council to be known as the “Space Acquisition Council” (in this section referred to as the “Council”).

(b)The members of the Council are as follows:

(1)The Under Secretary of the Air Force.

(2)The Assistant Secretary of the Air Force for Space Acquisition and Integration, who shall act as chair of the Council.

(3)The Assistant Secretary of Defense for Space Policy.

(4)The Director of the National Reconnaissance Office.

(5)The Chief of Space Operations.

(6)The Commander of the United States Space Command.

(c)(1)The Council shall oversee, direct, and manage acquisition and integration space systems and programs of the armed forces in order to ensure integration across the national security space enterprise.

(2)(A)The Council shall promptly—

(i)review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to architecture for the space systems and programs of the armed forces under section 9016(b)(6)(B)(i) of this title, including the requirements for operating such space systems or programs; and

(ii)either—

(I)if the Council finds such a determination to be warranted, certify the determination; or

(II)if the Council finds such a determination not to be warranted, decline to certify the determination.

(B)Not later than 10 business days after the date on which the Council makes a finding with respect to a certification under subparagraph (A), the Council shall submit to the congressional defense committees a notification of the finding, including a detailed justification for the finding.

(C)Except as provided in subparagraph (D), the Assistant Secretary of the Air Force for Space Acquisition and Integration may not take any action to implement a determination referred to in subparagraph (A)(i) until 30 days has elapsed following the date on which the Council submits the notification under subparagraph (B).

(D)(i)The Secretary of Defense may waive subparagraph (C) in the event of an urgent national security requirement.

(ii)The Secretary of Defense shall submit to the congressional defense committees a notification of any waiver granted under clause (i), including a justification for the waiver.

(d)The Council shall meet not less frequently than monthly.

(e)Not later than 30 days after the end of each calendar year quarter through the first calendar year quarter of 2025, the Council shall submit to the congressional defense committees a report on the activities of the Council during the calendar year quarter preceding the calendar year quarter in which such report is submitted.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 9021 was renumbered section 9021a of this title. Another prior section 9021 was renumbered section 9371 of this title. Another prior section 9021, act Aug. 10, 1956, ch. 1041, 70A Stat. 558, related to appointments in professional and scientific service, prior to repeal by Pub. L. 85–861, § 36B(30), Sept. 2, 1958, 72 Stat. 1571.

Amendments

2021—Pub. L. 117–81, § 1602(a)(1)(A), struck out “Force” before “Acquisition” in section catchline. Subsec. (a). Pub. L. 117–81, § 1602(a)(1)(B), substituted “ ‘Space Acquisition Council’ ” for “ ‘Space Force Acquisition Council’ ”. Subsec. (c). Pub. L. 117–81, § 1602(b)(1), designated existing provisions as par. (1) and added par. (2). Pub. L. 117–81, § 1602(a)(1)(C), substituted “space systems and programs of the armed forces” for “of the Air Force for space systems and programs”.

Statutory Notes and Related Subsidiaries

References Pub. L. 117–81, div. A, title XVI, § 1602(a)(4), Dec. 27, 2021, 135 Stat. 2076, provided that: “Any reference to the Space Force Acquisition Council in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Space Acquisition Council.”

§9021 Space Acquisition Council