§9087 — Title 10 Armed Forces | U.S. Code

Summary

Creates a Space Development Agency in the Department of Defense, led by a Director. Starting October 1, 2022, the Agency is part of the Space Force. For buying things, the Director reports to the Assistant Secretary of the Air Force for Space Acquisition and Integration. For requirements, personnel, and other matters, the Director reports directly to the Chief of Space Operations. The Director must build and test a resilient space system using many low‑Earth orbit satellites for sensing, tracking, and moving data. The Agency must add new space sensors and tracking tools (including sensors for hypersonic and ballistic missile tracking), buy commercial space services and payload options, and quickly field affordable, resilient solutions that use commercial or new space capabilities. Starting with fiscal year 2023, the Agency’s budget request must be shown separately from other Space Force items and must use its own program elements. For the “tranche 0” and “tranche 1” efforts (goals due by September 30, 2022, and September 30, 2024, respectively), the Secretary of the Air Force should, when possible, give the Agency contracting authority and milestone decision authority for middle‑tier acquisition programs. The Service Acquisition Executive may take back that authority for cause or case‑by‑case, and the Secretary must tell the congressional defense committees within 30 days of doing so.

Title 10, §9087

Armed Forces — Source: USLM XML via OLRC

(a)(1)There is a Space Development Agency of the Department of Defense (in this section referred to as the “Agency”). The Director of the Space Development Agency shall be the head of the Agency.

(2)Effective on October 1, 2022—

(A)the Agency shall be an element of the Space Force; and

(B)the Director shall report—

(i)pursuant to section 9016(b)(6)(B)(iv)(III) of this title, to the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to acquisition decisions; and

(ii)directly to the Chief of Space Operations with respect to requirements decisions, personnel decisions, and any other matter not covered by clause (i).

(b)The Director shall lead—

(1)the development and demonstration of a resilient military space-based sensing, tracking, and data transport architecture that uses proliferated low-Earth orbit systems and services;

(2)the integration of next-generation space capabilities, such as novel sensors (including with respect to alternate navigation, and autonomous battle management features), and sensor and tracking components (including a hypersonic and ballistic missile tracking space sensor payload pursuant to section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021), into the architecture specified in paragraph (1) to address the requirements and needs of the armed forces and combatant commands for such capabilities;

(3)the procurement of commercial capabilities and services, including—

(A)options for integrating payloads on commercial buses and spacecraft into existing commercial architectures; and

(B)innovative commercial capabilities and services, such as on-orbit servicing or in-space transportation systems, that could extend the life of space systems, rapidly respond to threats, or contribute to resilience; and

(4)the rapid introduction, acquisition, and iteration of cost-effective, resilient solutions that leverage planned and existing commercial low-Earth orbit capabilities or innovative capabilities.

(c)Beginning not later than with respect to fiscal year 2023 and each fiscal year thereafter—

(1)in the budget justification materials submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the amount requested for the activities of the Agency shall be separate from the other activities of the Space Force; and

(2)the Secretary of Defense shall ensure that the programs of the Agency are assigned program elements different from other program elements of the Space Force.

(d)(1)With respect to tranche 0 capabilities and tranche 1 capabilities, to the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the delegation to the Agency of—

(A)head of contracting authority; and

(B)milestone decision authority for the middle tier of acquisition programs.

(2)(A)The Service Acquisition Executive for Space Systems and Programs may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis.

(B)Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission.

(3)In this subsection:

(A)The term “tranche 0 capabilities” means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2022.

(B)The term “tranche 1 capabilities” means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2024.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (b)(2), is section 1645 of Pub. L. 116–283, div. A, title XVI, Jan. 1, 2021, 134 Stat. 4064. Subsec. (g) of section 1645 amended provisions formerly set out as a note under section 2431 of this title. Subsecs. (a) to (f) of section 1645 are not classified to the Code.

Amendments

2024—Pub. L. 118–159 renumbered section 9086 of this title as this section. 2021—Pub. L. 117–81, § 1081(a)(33), renumbered section 9084 of this title, as added by section 1601(a) of Pub. L. 116–283, as this section. Subsec. (d). Pub. L. 117–81, § 1603, added subsec. (d).

Statutory Notes and Related Subsidiaries

Transition Pub. L. 116–283, div. A, title XVI, § 1601(d), Jan. 1, 2021, 134 Stat. 4042, provided that: “(1) Transfer.—Effective on

October 1, 2022, the Secretary of Defense shall transfer the Space Development Agency from the Office of the Secretary of Defense to the Space Force. “(2) Funding, duties, responsibilities, and personnel.—Except as provided by section 9084 of title 10, United States Code [now 10 U.S.C. 9085], the transfer under paragraph (1) of the Space Development Agency from the Office of the Secretary of Defense to the Space Force shall include the transfer of the funding, duties, responsibilities, and personnel of the Agency as of the day before the date of the transfer.” Review of Space Development Agency Exemption From Joint Capabilities Integration and Development System Pub. L. 117–263, div. A, title XVI, § 1608, Dec. 23, 2022, 136 Stat. 2932, provided that: “(a) Review.—Not later than

March 31, 2023, the Secretary of Defense shall complete a review regarding whether the Space Development Agency should be exempt from the Joint Capabilities Integration and Development System. “(b) Recommendation.—Not later than 30 days after the date on which the review under subsection (a) is completed, 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 recommendation as to whether the exemption described in such subsection should apply to the Space Development Agency. “(c) Implementation.—Not later than 60 days after the date on which the recommendation is submitted under subsection (b), the Secretary of the Air Force and the Director of the Space Development Agency shall implement the recommendation.”

§9087 Space Development Agency