10 U.S. Code § 2273 - Policy regarding assured access to space: national security payloads

§ 2273.
Policy regarding assured access to space: national security payloads
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—
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; and
a robust space launch infrastructure and industrial base.
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.
Prior Provisions

A prior section 2273, acts Aug. 10, 1956, ch. 1041, 70A Stat. 125; Apr. 2, 1982, Pub. L. 97–164, title I, § 160(a)(4), 96 Stat. 48; Oct. 29, 1992, Pub. L. 102–572, title IX, § 902(b)(1), 106 Stat. 4516, related to right of United States to designs, rights of designers to patents, and rights to sue United States, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704.


2009—Subsec. (b)(1). Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(11). See 2008 Amendment note below.

2008—Subsec. (b)(1). Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(11), amended par. (1) identically, substituting “Director of National Intelligence” for “Director of Central Intelligence”. Pub. L. 110–417, § 932(a)(11), was repealed by Pub. L. 111–84.

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

Rocket Propulsion System Development Program

Pub. L. 113–291, div. A, title XVI, § 1604, Dec. 19, 2014, 128 Stat. 3623, provided that:

“(a) Development.—
“(1)In general.—
The Secretary of Defense shall develop a next-generation rocket propulsion system that enables the effective, efficient, and expedient transition from the use of non-allied space launch engines to a domestic alternative for national security space launches.
“(2)Requirements.—The system developed under paragraph (1) shall—
be made in the United States;
meet the requirements of the national security space community;
be developed by not later than 2019;
be developed using full and open competition; and
be available for purchase by all space launch providers of the United States.
“(b)Report.—Not later than 180 days after the date of the enactment of this Act [Dec. 19, 2014], the Secretary shall submit to the appropriate congressional committees a report that includes—
a plan to carry out the development of the rocket propulsion system under subsection (a), including an analysis of the benefits of using public-private partnerships;
the requirements of the program to develop such system; and
the estimated cost of such system.
“(c)Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means the following:
The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”


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