Pub. L. 109-364, div. A, tit. IX, subtit. B, sec. 913
OPERATIONALLY RESPONSIVE SPACE.
SEC. 913. OPERATIONALLY RESPONSIVE SPACE.(a) United States Policy on Operationally Responsive Space.—It is the policy of the United States to demonstrate, acquire, and deploy an effective capability for operationally responsive space to support military users and operations from space, which shall consist of—(1) responsive satellite payloads and busses built to common technical standards;(2) low-cost space launch vehicles and supporting range operations that facilitate the timely launch and on-orbit operations of satellites;(3) responsive command and control capabilities; and(4) concepts of operations, tactics, techniques, and procedures that permit the use of responsive space assets for combat and military operations other than war.(b) Operationally Responsive Space Program Office.—(1) Establishment of office.—Section 2273a of title 10, United States Code, is amended to read as follows:“§ 2273a. Operationally Responsive Space Program Office“(a) Establishment.—The Secretary of Defense shall establish within the Department of Defense an office to be known as the Operationally Responsive Space Program Office (in this section referred to as the ‘Office’).“(b) Head of Office.—The head of the Office shall be—“(1) the Department of Defense Executive Agent for Space; or“(2) the designee of the Secretary of Defense, who shall report to the Department of Defense Executive Agent for Space.“(c) Mission.—The mission of the Office shall be—“(1) to contribute to the development of low-cost, rapid reaction payloads, busses, spacelift, and launch control capabilities in order to fulfill joint military operational requirements for on-demand space support and reconstitution; and“(2) to coordinate and execute operationally responsive space efforts across the Department of Defense with respect to planning, acquisition, and operations.“(d) Elements.—The Secretary of Defense shall select the elements of the Department of Defense to be included in the Office so as to contribute to the development of capabilities for operationally responsive space and to achieve a balanced representation 120 STAT. 2356 of the military departments in the Office to ensure proper acknowledgment of joint considerations in the activities of the Office, except that the Office shall include the following:“(1) A science and technology element that shall pursue innovative approaches to the development of capabilities for operationally responsive space through basic and applied research focused on (but not limited to) payloads, bus, and launch equipment.“(2) An acquisition element that shall undertake the acquisition of systems necessary to integrate, sustain, and launch assets for operationally responsive space.“(3) An operations element that shall—“(A) sustain and maintain assets for operationally responsive space prior to launch;“(B) integrate and launch such assets; and“(C) operate such assets in orbit.“(4) A combatant command support element that shall serve as the primary intermediary between the military departments and the combatant commands in order to—“(A) ascertain the needs of the commanders of the combatant commands; and“(B) integrate operationally responsive space capabilities into—“(i) operations plans of the combatant commands;“(ii) techniques, tactics, and procedures of the military departments; and“(iii) military exercises, demonstrations, and war games.“(5) Such other elements as the Secretary of Defense may consider necessary.“(e) Acquisition Authority.—The acquisition activities of the Office shall be subject to the following:“(1) The Department of Defense Executive Agent for Space shall be the senior acquisition executive of the Office.“(2) The Joint Capabilities Integration and Development System process shall not apply to acquisitions by the Office for operational experimentation.“(3) The commander of the United States Strategic Command, or the designee of the commander, shall—“(A) validate all system requirements for systems to be acquired by the Office; and“(B) participate in the approval of any acquisition program initiated by the Office.“(4) To the maximum extent practicable, the procurement unit cost of a launch vehicle procured by the Office for launch to low earth orbit should not exceed $20,000,000 (in constant dollars).“(5) To the maximum extent practicable, the procurement unit cost of an integrated satellite procured by the Office should not exceed $40,000,000 (in constant dollars).“(f) Required Program Element.—(1) The Secretary of Defense shall ensure that, within budget program elements for space programs of the Department of Defense, that—“(A) there is a separate, dedicated program element for operationally responsive space;120 STAT. 2357“(B) to the extent applicable, relevant program elements should be consolidated into the program element required by subparagraph (A); and“(C) the Office executes its responsibilities through this program element.“(2) The Office shall manage the program element required by paragraph (1)(A).” .(2) Clerical amendment.—The item relating to that section in the table of sections at the beginning of chapter 135 of such title is amended to read as follows: “2273a. Operationally Responsive Space Program Office.”. (c) Plan for Operationally Responsive Space.—(1) Plan required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a plan for the acquisition by the Department of Defense of capabilities for operationally responsive space to support military users and military operations.(2) Elements.—The plan required by paragraph (1) shall include the following:(A) An identification of the roles and missions of each military department, Defense Agency, and other component or element of the Department of Defense for the fulfillment of the mission of the Department with respect to operationally responsive space.(B) An identification of the capabilities required by the Department to fulfill such mission during the period covered by the current future-years defense program submitted to Congress pursuant to section 221 of title 10, United States Code, and an additional 10-year period.(C) A description of the chain of command and reporting structure of the Operationally Responsive Space Program Office established under section 2273a of title 10, United States Code, as amended by subsection (b).(D) A description of the classification of information required for the Operationally Responsive Space Program Office in order to ensure that the Office carries out its responsibilities under such section 2273a in a proper and efficient manner.(E) A description of the acquisition policies and procedures applicable to the Operationally Responsive Space Program Office, including a description of any legislative or administrative action necessary to provide the Office additional acquisition authority to carry out its responsibilities.(F) A schedule for the implementation of the plan and the establishment of the Operationally Responsive Space Program Office.(G) The funding and personnel required to implement the plan over the course of the current future-years defense program.(H) A description of any additional authorities and programmatic, organizational, or other changes necessary to ensure that the Operationally Responsive Space Program Office can successfully carry out its responsibilities.120 STAT. 2358(d) Repeal of Superseded Law.—Section 913 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3408; 10 U.S.C. 2273a note) is repealed.