Res Communis

by P.J. Blount with the blog faculty

S. 3001: Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 was signed by President Bush on October 14, 2008:

Statement by the President on S. 3001, the “Duncan Hunter National Defense Authorization Act for Fiscal Year 2009″

Today I have signed into law S. 3001, the “Duncan Hunter National Defense Authorization Act for Fiscal Year 2009.” The Act authorizes funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs.

Provisions of the Act, including sections 851, 902, 1211(2), and 1508(b), purport to impose requirements that could inhibit the President’s ability to carry out his constitutional obligations to take care that the laws be faithfully executed, to protect national security, to conduct diplomatic negotiations, to supervise the executive branch, to appoint officers of the United States, and to execute his authority as Commander in Chief. The executive branch shall continue to construe such provisions in a manner consistent with the constitutional authority and obligations of the President.

GEORGE W. BUSH

THE WHITE HOUSE,

October 14, 2008.

Space aspects of the bill include:

Space Based Infrared Systems:

SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED SYSTEMS.
(a) IN GENERAL.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall develop a comprehensive plan to conduct and support research, development, and demonstration of technologies that could evolve into the next generation of overhead nonimaging infrared systems.
(b) ELEMENTS.—The plan required by subsection (a) shall include the following:
(1) The research objectives to be achieved under the plan.
(2) A description of the research, development, and demonstration activities under the plan.
(3) An estimate of the duration of the research, development, and demonstration of technologies under the plan.
(4) The cost and duration of any flight or on-orbit demonstrations of the technologies being developed.
(5) A plan for implementing any acquisition programs with respect to technologies determined to be successful under the plan.
(6) An identification of the date by which a decision must be made to begin any follow-on programs and a justification for the date identified.
(7) A schedule for completion of a full analysis of the on-orbit performance characteristics of the Space-Based Infrared System and the Space Tracking and Surveillance System, and an assessment of how the performance characteristics of such systems will inform the decision to proceed to a next generation overhead nonimaging infrared system.

(c) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS FOR THIRD GENERATION INFRARED SURVEILLANCE PROGRAM.—Not more than 50 percent of the amounts authorized to be appropriated for fiscal year 2009 by section 201(3) for research, development, test, and evaluation for the Air Force and available for the Third Generation Infrared Surveillance program may be obligated or expended until the date that is 30 days after the date on which the Secretary submits to Congress the plan required by subsection (a).

A full section on DoD space activities:

Subtitle B—Space Activities
SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE NETWORK SERVICES TO ENTITIES OUTSIDE UNITED STATES GOVERNMENT.
Section 2274(i) of title 10, United States Code, is amended by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2010’’.

SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL
SATELLITE CAPABILITIES.
(a) REQUIREMENT.—The Secretary of Defense shall conduct an assessment to determine a recommended investment and acquisition strategy for commercial satellite capabilities.
(b) ELEMENTS.—The assessment required under subsection (a) shall include the following:
(1) Review of national and defense policy relevant to the requirements for, acquisition of, and use of commercial satellite capabilities, and the relationship with commercial satellite providers.
(2) Assessment of the manner in which commercial satellite capabilities are used by the Department of Defense and options for expanding such use or identifying new means to leverage commercial satellite capabilities, such as hosting payloads.
(3) Review of military requirements for satellite communications and remote sensing by quantity, quality, timeline, and any other metric considered appropriate.
(4) Description of current and planned commercial satellite capabilities and an assessment of their ability to meet the requirements identified in paragraph (3).
(5) Assessment of the ability of commercial satellite capabilities to meet other military requirements not identified in paragraph (3).
(6) Description of the use of and resources allocated to commercial satellite communications and remote sensing needed to meet the requirements identified in paragraph (3) during—
(A) the five-year period preceding the date of the assessment;
(B) the period from the date of the assessment through the fiscal years covered under the future-years defense program under section 221 of title 10, United States Code; and
(C) the period beyond the fiscal years covered under the future-years defense program under such section 221.
(7) Assessment of purchasing patterns that may lead to recommendations in which the Department may consolidate requirements, centralize operations, aggregate purchases, or leverage purchasing power (including the use of multiyear contracting).
(8) Assessment of various models for acquiring commercial satellite capabilities, including funding, management, and operations models.
(c) REPORT.—
(1) IN GENERAL.—Not later than February 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of the assessment required under subsection (a) and provide recommendations, including—
(A) the recommended investment and acquisition strategy of the Department for commercial satellite capabilities;
(B) how the investment and acquisition strategy should be addressed in fiscal years after fiscal year 2010; and
(C) a proposal for such legislative action as the Secretary considers necessary to acquire appropriate types and amounts of commercial satellite capabilities.
(2) FORM.—The report shall be in unclassified form, but may include a classified annex.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘commercial satellite capabilities’’ means the system, capability, or service provided by a commercial satellite provider.
(2) The term ‘‘commercial satellite provider’’ refers to privately owned and operated space systems, their technology, components, products, data, services, and related information, as well as foreign systems whose products and services are sold commercially.

SEC. 913. SPACE POSTURE REVIEW.
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to clarify the national security space policy and strategy of the United States for the near term, the Secretary of Defense and the Director of National Intelligence shall jointly conduct a comprehensive review of the space posture of the United States over the posture review period.
(b) ELEMENTS OF REVIEW.—The review conducted under subsection
(a) shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives for each of the following:
(A) Space situational awareness.
(B) Space control.
(C) Space superiority, including defensive and offensive counterspace and protection.
(D) Force enhancement and force application.
(E) Space-based intelligence and surveillance and reconnaissance from space.
(F) Integration of space and ground control and user equipment.
(G) Any other matter the Secretary considers relevant to understanding the space posture of the United States.
(2) A description of current and planned space acquisition programs that are in acquisition categories 1 and 2, including how each program will address the policy, requirements, and objectives described under each of subparagraphs (A) through (G) of paragraph (1).
(3) A description of future space systems and technology development (other than such systems and technology in development as of the date of the enactment of this Act) necessary to address the policy, requirements, and objectives described under each of subparagraphs (A) through (G) of paragraph (1).
(4) An assessment of the relationship among the following:
(A) Military space policy.
(B) National security space policy.
(C) National security space objectives.
(D) Arms control policy.
(E) Export control policy.
(F) Industrial base policy.
(5) An assessment of the effect of the military and national security space policy of the United States on the proliferation of weapons capable of targeting objects in space or objects on Earth from space.
(c) REPORT.—
(1) IN GENERAL.—Not later than December 1, 2009, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional committees specified in paragraph (3) a report on the review conducted under subsection (a).
(2) FORM OF REPORT.—The report under this subsection shall be submitted in unclassified form, but may include a classified annex.
(3) COMMITTEES.—The congressional committees specified in this paragraph are—
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(d) POSTURE REVIEW PERIOD DEFINED.—In this section, the term ‘‘posture review period’’ means the 10-year period beginning on February 1, 2009.

North American Aerospace Command:

SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED CENTER FOR NORTH AMERICAN AEROSPACE DEFENSE COMMAND AND UNITED STATES NORTHERN COMMAND.
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall conduct an assessment of the adequacy of security measures for the consolidated command center for North American Aerospace Defense Command and United States Northern Command at Peterson Air Force Base, Colorado.
(b) ELEMENTS.—The assessment required in paragraph (a) shall include the following:
(1) A description of the security measures taken and planned for the consolidated command center as of October 1, 2008.
(2) An assessment of whether existing and planned security measures for the consolidated command center are adequate to provide the necessary level of protection.
(3) An estimate of the total costs associated with such security measures adequate to provide the necessary level of protection.
(c) REPORT REQUIRED.—Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the assessment required in subsection (a).

(d) ADDITIONAL REQUIREMENT.—The Secretary of Defense shall ensure that redundant facilities and equipment, along with the appropriate manning necessary to ensure the continuity of operations, are maintained at Cheyenne Mountain Air Force Station until the Secretary certifies that security measures have been instituted that bring the consolidated command center for North American Aerospace Defense Command and United States Northern Command into full compliance with Protection Level One requirements, as defined by Air Force Instruction 31-101, dated March 1, 2007.

China’s Space Activities:

SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE CONTRACTORS IN CERTAIN SPACE ACTIVITIES OF THE PEOPLE’S REPUBLIC OF CHINA.
(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct a review to determine whether there are any security risks associated with participation by covered contractors in certain space activities of the People’s Republic of China.
(b) MATTERS TO BE INCLUDED.—The review required under subsection (a) shall include, at a minimum, a review of the following:
(1) Whether there have been any incidents with respect to which a determination has been made that an improper disclosure of covered information by a covered contractor has occurred during the five-year period ending on the date of the enactment of this Act.
(2) The increase, if any, in the number of covered contractors expected to occur during the 5-year period beginning on the date of the enactment of this Act.
(3) The extent to which the policies and procedures of the Department of Defense are sufficient to protect against the improper disclosure of covered information by a covered contractor during the 5-year period beginning on the date of the enactment of this Act.
(4) The Secretary’s conclusions regarding awards of contracts by the Department of Defense to covered contractors after the date of the enactment of this Act.
(5) Any other matters that the Secretary determines to be appropriate to include in the review.
(c) COOPERATION FROM OTHER DEPARTMENTS AND AGENCIES.— The Secretary of State, the Director of National Intelligence, and the head of any other United States Government department or agency shall cooperate in a complete and timely manner to provide the Secretary of Defense with data and other information necessary for the Secretary of Defense to carry out the review required under subsection (a).
(d) REPORT.—
(1) IN GENERAL.—Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the review required under subsection (a).
(2) FORM.—The report required under this subsection shall include a summary in unclassified form to the maximum extent practicable.
(e) DEFINITIONS.—In this section:
(1) CERTAIN SPACE ACTIVITIES OF THE PEOPLE’S REPUBLIC OF CHINA.—The term ‘‘certain space activities of the People’s Republic of China’’ means—
(A) the development or manufacture of satellites for launch from the People’s Republic of China; and
(B) the launch of satellites from the People’s Republic of China.
(2) COVERED CONTRACTOR.—The term ‘‘covered contractor’’ means a contractor of the Department of Defense, and any subcontractor (at any tier) of the contractor, that— (A) has access to covered information; and
(B) participates, or is part of a joint venture that participates, or whose parent, sister, subsidiary, or affiliate company participates, in certain space activities in the People’s Republic of China.
(3) COVERED INFORMATION.—The term ‘‘covered information’’ means classified information and sensitive controlled unclassified information obtained under contracts (or subcontracts of such contracts) of the Department of Defense.