10 U.S.C. § 2276: Commercial space launch cooperation

maximize the use of the capacity of the space transportation infrastructure of the Department of Defense by the private sector in the United States; maximize the effectiveness and efficiency of the space transportation infrastructure of the Department of Defense; reduce the cost of services provided by the Department of Defense related to space transportation infrastructure at launch support facilities and space recovery support facilities; encourage commercial space activities by enabling investment by covered entities in the space transportation infrastructure of the Department of Defense; and foster cooperation between the Department of Defense and covered entities. may enter into an agreement with a covered entity to provide the covered entity with support and services related to the space transportation infrastructure of the Department of Defense; and is in the best interest of the Federal Government; does not interfere with the requirements of the Department of Defense; and does not compete with the commercial space activities of other covered entities, unless that competition is in the national security interests of the United States; and any commercial requirement included in the agreement has full non-Federal funding before the execution of the agreement. The Secretary of Defense may enter into an agreement with a covered entity on a cooperative and voluntary basis to accept contributions of funds, services, and equipment to carry out this section. may be used only for the objectives specified in this section in accordance with terms of use set forth in the agreement entered into under this subsection; and shall be managed by the Secretary in accordance with regulations of the Department of Defense. shall address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement; and shall include a provision that the covered entity will not recover the costs of its contribution through any other agreement with the United States. There is established in the Treasury of the United States a special account to be known as the “Defense Cooperation Space Launch Account”. Funds received by the Secretary of Defense under subsection (c) shall be credited to the Defense Cooperation Space Launch Account. Funds deposited in the Defense Cooperation Space Launch Account under paragraph (2) are authorized to be appropriated and shall be available for obligation only to the extent provided in advance in an appropriation Act for costs incurred by the Department of Defense in carrying out subsection (b). Funds in the Account shall remain available until expended. Repealed. Pub. L. 115–232, div. A, title VIII, § 813(a)(2) , Aug. 13, 2018 , 132 Stat. 1851 .] The Secretary of Defense shall prescribe regulations to carry out this section. is organized under the laws of the United States or of any jurisdiction within the United States; and is engaged in commercial space activities. The term “launch support facilities” has the meaning given the term in section 50501(7) of title 51 . The term “space recovery support facilities” has the meaning given the term in section 50501(11) of title 51 . The term “space transportation infrastructure” has the meaning given that term in section 50501(12) of title 51 . The Assistant Secretary of the Air Force for Space Acquisition and Integration, in consultation with the Commander of the United States Space Command, shall develop and implement a plan to expand threat-sharing arrangements with commercial space operators that are under contract with the Department of Defense as of the date of the enactment of this Act [ Dec. 22, 2023 ]. Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of the Air Force for Space Acquisition and Integration, in coordination with the Commander of the United States Space Command, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the plan required under subsection (a).” Not later than seven days before implementing any modification to the final phase three acquisition strategy under the National Security Space Launch program, the Assistant Secretary of the Air Force for Space Acquisition and Integration shall submit to the appropriate congressional committees notice of the proposed modification together with an explanation of the reasons for such modification. the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). The term ‘final phase three acquisition strategy’ means the acquisition strategy for phase three of the National Security Space Launch program, as approved by the Assistant Secretary of the Air Force for Space Acquisition and Integration on March 4, 2024 . The term ‘phase three’ has the meaning given that term in section 1601(e) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 118–71 [probably should be 117–81]; 10 U.S.C. 2276 note) [set out below].” use the National Security Space Launch program to the extent practical to procure launch services only from launch service providers that can meet Federal requirements with respect to delivering required payloads to reference orbits covered under the requirements of phase two; and maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements. a notification of such determination; a certification that the alternative launch procurement approach is in the national security interest of the United States; and an outline of the cost analysis and any other rationale for such determination. the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. The term ‘phase three’ means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024. The term ‘phase two’ means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024.”