H.R. 2647: National Defense Authorization Act for Fiscal Year 2010

October 30, 2009 at 10:37 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

H.R. 2647: National Defense Authorization Act for Fiscal Year 2010 was signed into law by President Obama on October 28, 2009. The Space related provisions of the new law include:

. . . SEC. 254. AUTHORITY FOR NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERITBASED TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS.

Section 217(f)(1) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat 2695), as amended by section 3136 of the National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261), is amended—

(1) in subparagraph (A) by inserting ‘‘, of the National Aeronautics and Space Administration,’’ after ‘‘the Department of Defense’’; and
(2) by adding at the end the following new subparagraph (C):
‘‘(C) A federally funded research and development center of the National Aeronautics and Space Administration that functions primarily as a research laboratory may respond to broad agency announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program.’’.

. . .
Subtitle B—Space Activities
SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND TECHNOLOGY STRATEGY.

(a) STRATEGY.—
(1) DIRECTOR OF NATIONAL INTELLIGENCE.—Paragraph (1) of section 2272(a) of title 10, United States Code, is amended by striking ‘‘The Secretary of Defense shall develop’’ and inserting ‘‘The Secretary of Defense and the Director of National Intelligence shall jointly develop’’.
(2) REQUIREMENTS.—Paragraph (2) of such section is amended by adding at the end the following new subparagraph: ‘‘(D) The process for transitioning space science and technology programs to new or existing space acquisition programs.’’.
(3) SUBMISSION TO CONGRESS.—Paragraph (5) of such section is amended to read as follows: ‘‘(5) The Secretary of Defense and the Director of National Intelligence shall biennially submit the strategy developed under paragraph (1) to the congressional defense committees every other year on the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31.’’.
(4) INITIAL REPORT.—The first space science and technology strategy required to be submitted under paragraph (5) of section 2272(a) of title 10, United States Code, as amended by paragraph (3) of this subsection, shall be submitted on the date on which the President submits to Congress the budget for fiscal year 2012 under section 1105 of title 31, United States Code.

(b) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF STRATEGY.—
(1) REVIEW.—The Comptroller General shall review and assess the first space science and technology strategy submitted under paragraph (5) of section 2272(a) of title 10, United States Code, as amended by subsection (a)(3) of this section, and the effectiveness of the coordination process required under section 2272(b) of such title.
(2) REPORT.—Not later than 90 days after the date on which the Secretary of Defense and the Director of National Intelligence submit the first space science and technology strategy required to be submitted under paragraph (5) of section 2272(a) of title 10, United States Code, as amended by subsection (a)(3) of this section, the Comptroller General shall submit to the congressional defense committees a report containing the findings and assessment under paragraph (1).

SEC. 912. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND INFORMATION TO NON-UNITED STATES GOVERNMENT ENTITIES.
(a) IN GENERAL.—Section 2274 of title 10, United States Code, is amended to read as follows:
‘‘§ 2274. Space situational awareness services and information: provision to non-United States Government entities
‘‘(a) AUTHORITY.—The Secretary of Defense may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities in accordance with this section. Any such action may be taken only if the Secretary determines that such action is consistent with the national security interests of the United States.
‘‘(b) ELIGIBLE ENTITIES.—The Secretary may provide services and information under subsection (a) to, and may obtain data and information under subsection (a) from, any non-United States Government entity, including any of the following:
‘‘(1) A State.
‘‘(2) A political subdivision of a State.
‘‘(3) A United States commercial entity.
‘‘(4) The government of a foreign country.
‘‘(5) A foreign commercial entity.
‘‘(c) AGREEMENT.—The Secretary may not provide space situational awareness services and information under subsection (a) to a non-United States Government entity unless that entity enters into an agreement with the Secretary under which the entity—
‘‘(1) agrees to pay an amount that may be charged by the Secretary under subsection (d);
‘‘(2) agrees not to transfer any data or technical information received under the agreement, including the analysis of data, to any other entity without the express approval of the Secretary; and
‘‘(3) agrees to any other terms and conditions considered necessary by the Secretary.
‘‘(d) CHARGES.—(1) As a condition of an agreement under subsection (c), the Secretary may (except as provided in paragraph (2)) require the non-United States Government entity entering into the agreement to pay to the Department of Defense such amounts as the Secretary determines appropriate to reimburse the Department for the costs to the Department of providing space situational awareness services or information under the agreement.
‘‘(2) The Secretary may not require the government of a State, or of a political subdivision of a State, to pay any amount under paragraph (1).
‘‘(e) CREDITING OF FUNDS RECEIVED.—(1) Funds received for the provision of space situational awareness services or information pursuant to an agreement under this section shall be credited, at the election of the Secretary, to the following:
‘‘(A) The appropriation, fund, or account used in incurring the obligation.
‘‘(B) An appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
‘‘(2) Funds credited under paragraph (1) shall be merged with, and remain available for obligation with, the funds in the appropriation, fund, or account to which credited.
‘‘(f) PROCEDURES.—The Secretary shall establish procedures by which the authority under this section shall be carried out. As part of those procedures, the Secretary may allow space situational awareness services or information to be provided through a contractor of the Department of Defense.
‘‘(g) IMMUNITY.—The United States, any agencies and instrumentalities thereof, and any individuals, firms, corporations, and other persons acting for the United States, shall be immune from any suit in any court for any cause of action arising from the provision or receipt of space situational awareness services or information, whether or not provided in accordance with this section, or any related action or omission.
‘‘(h) NOTICE OF CONCERNS OF DISCLOSURE OF INFORMATION.—
If the Secretary determines that a commercial or foreign entity has declined or is reluctant to provide data or information to the Secretary in accordance with this section due to the concerns of such entity about the potential disclosure of such data or information, the Secretary shall, not later than 60 days after the Secretary makes that determination, provide notice to the congressional defense committees of the declination or reluctance of such entity.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 135 of such title is amended by striking the item relating to section 2274 and inserting the following new item: ‘‘2274. Space situational awareness services and information: provision to non-
United States Government entities.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 2009, or the date of the enactment of this Act, whichever is later.

SEC. 913. MANAGEMENT AND FUNDING STRATEGY AND IMPLEMENTATION PLAN FOR THE NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM.

(a) MANAGEMENT AND FUNDING STRATEGY.—
(1) IN GENERAL.—The President shall develop a strategy for the management and funding of the National Polar-Orbiting Operational Environmental Satellite System Program (in this section referred to as the ‘‘Program’’) by the Department of Defense, the Department of Commerce, and the National Aeronautics and Space Administration.
(2) ELEMENTS.—The strategy required under paragraph (1) shall include the following:
(A) Requirements for the Program.
(B) The management structure of the Program.
(C) A funding profile for the Program for each year of the Program for the Department of Defense, the Department of Commerce, and the National Aeronautics and Space Administration.

(b) IMPLEMENTATION PLAN.—The President shall develop a plan to implement the strategy required under subsection (a)(1).

(c) LIMITATION ON USE OF FUNDS.—Of the amounts authorized to be appropriated for fiscal year 2010 by section 201(a)(3) for research, development, test, and evaluation for the Air Force and available for the Program—
(1) not more than 50 percent of such amounts may be obligated or expended before the date on which the strategy developed under subsection (a)(1) is submitted to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the House of Representatives; and
(2) not more than 75 percent of such amounts may be obligated or expended before the date on which the plan developed under subsection (c) is submitted to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the House of Representatives.

(d) SENSE OF CONGRESS.—It is the sense of Congress that once all requirements for the Program are fully agreed to by the Secretary of Defense, the Secretary of Commerce, and the Administrator of the National Aeronautics and Space Administration, the Program should be executed with no modifications to those requirements that would increase the cost, or extend the schedule, of the Program.

. . .

SEC. 1032. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL POSITIONING SYSTEM REPORT.
(a) IN GENERAL.—Section 2281(d) of title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘the Secretary of Defense’’ and inserting ‘‘the Deputy Secretary of Defense and the Deputy Secretary of Transportation, in their capacity as co-chairs of the National Executive Committee for Space-Based Positioning, Navigation, and Timing,’’; and
(B) by striking ‘‘the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives’’ and inserting ‘‘the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives’’; and
(2) by striking paragraph (2) and inserting the following new paragraph (2):
‘‘(2) In preparing each report required under paragraph (1), the Deputy Secretary of Defense and the Deputy Secretary of Transportation, in their capacity as co-chairs of the National Executive Committee for Space-Based Positioning, Navigation, and Timing, shall consult with the Secretary of Defense, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security.’’.

(b) TECHNICAL AMENDMENTS.—Paragraph (1)(B)(ii) of such section is amended—
(1) by inserting ‘‘validated’’ before ‘‘performance requirements’’; and
(2) by inserting ‘‘in accordance with Office of Management and Budget Circular A–109’’ after ‘‘Plan’’.

. . .
SEC. 1248. RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL POLICY.

(a) ASSESSMENT REQUIRED.—The Secretary of Defense and the Secretary of State shall carry out an assessment of the national security risks of removing satellites and related components from the United States Munitions List.

(b) MATTERS TO BE INCLUDED.—The assessment required under subsection (a) shall included the following matters:
(1) A review of the space and space-related technologies currently on the United States Munitions List, to include satellite systems, dedicated subsystems, and components.
(2) An assessment of the national security risks of removing certain space and space-related technologies identified under paragraph (1) from the United States Munitions List.
(3) An examination of the degree to which other nations’ export control policies control or limit the export of space and space-related technologies for national security reasons.
(4) Recommendations for—
(A) the space and space-related technologies that should remain on, or may be candidates for removal from, the United States Munitions List based on the national security risk assessment required paragraph (2);
(B) the safeguards and verifications necessary to—
(i) prevent the proliferation and diversion of such space and space-related technologies;
(ii) confirm appropriate end use and end users; and
(iii) minimize the risk that such space and spacerelated technologies could be used in foreign missile, space, or other applications that may pose a threat to the security of the United States; and
(C) improvements to the space export control policy and processes of the United States that do not adversely affect national security.

(c) CONSULTATION.—In conducting the assessment required under subsection (a), the Secretary of Defense and the Secretary of State may consult with the heads of other relevant departments and agencies of the United States Government as the Secretaries determine is necessary.

(d) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the assessment required under subsection (a). The report shall be in unclassified form but may include a classified annex.

(e) DEFINITION.—In this section, the term ‘‘United States Munitions List’’ means the list referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

. . .
SEC. 1251. REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY PLATFORMS AND SENSE OF CONGRESS ON FOLLOW-ON NEGOTIATIONS TO START TREATY.

(a) REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY PLATFORMS.—
(1) REPORT REQUIRED.—Not later than 30 days after the date of the enactment of this Act or at the time a followon treaty to the Strategic Arms Reduction Treaty (START Treaty) is submitted by the President to the Senate for its advice and consent, whichever is later, the President shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the plan to—
(A) enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States;
(B) modernize the nuclear weapons complex; and
(C) maintain the delivery platforms for nuclear weapons.
(2) ELEMENTS.—The report required under paragraph (1) shall include the following:
(A) A description of the plan to enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States.
(B) A description of the plan to modernize the nuclear weapons complex, including improving the safety of facilities, modernizing the infrastructure, and maintaining the key capabilities and competencies of the nuclear weapons workforce, including designers and technicians.
(C) A description of the plan to maintain delivery platforms for nuclear weapons.
(D) An estimate of budget requirements, including the costs associated with the plans outlined under subparagraphs
(A) through (C), over a 10-year period.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the President should maintain the stated position of the United States that the follow-on treaty to the START Treaty not include any limitations on the ballistic missile defense systems, space capabilities, or advanced conventional weapons systems of the United States;
(2) the enhanced safety, security, and reliability of the nuclear weapons stockpile, modernization of the nuclear weapons complex, and maintenance of the nuclear delivery systems are key to enabling further reductions in the nuclear forces of the United States; and
(3) the President should submit budget requests for fiscal year 2011 and subsequent fiscal years for the programs of the National Nuclear Security Administration of the Department of Energy that are adequate to sustain the needed capabilities to support the long-term maintenance of the nuclear stockpile of the United States.

There is also a provision on UAVs in U.S. national airspace:

SEC. 935. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED AIRCRAFT SYSTEMS.

(a) IN GENERAL.—The Secretary of Defense and the Secretary of Transportation shall, after consultation with the Secretary of Homeland Security, jointly develop a plan for providing expanded access to the national airspace for unmanned aircraft systems of the Department of Defense.

(b) ELEMENTS.—The plan required by subsection (a) shall include the following:
(1) A description of how the Department of Defense and the Department of Transportation will communicate and cooperate, at the executive, management, and action levels, to provide expanded access to the national airspace for unmanned aircraft systems of the Department of Defense.
(2) Specific milestones, taking into account the operational and training needs of the Department of Defense and the safety and air traffic management needs of the Department of Transportation, for providing expanded access to the national airspace for unmanned aircraft systems and a transition plan for sites programmed to be activated as unmanned aerial system sites during fiscal years 2010 through 2015.
(3) Recommendations for policies with respect to use of the national airspace, flight standards, and operating procedures that should be implemented by the Department of Defense and the Department of Transportation to accommodate unmanned aircraft systems assigned to any State or territory of the United States.
(4) An identification of resources required by the Department of Defense and the Department of Transportation to execute the plan.
(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Transportation shall submit a report containing the plan required by subsection (a) to the following committees:
(1) The congressional defense committees.
(2) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(3) The Committee on Homeland Security and Government Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.