10 U.S.C. § 2281: Global Positioning System

develop appropriate measures for preventing hostile use of the GPS so as to make it unnecessary for the Secretary to use the selective availability feature of the system continuously while not hindering the use of the GPS by the United States and its allies for military purposes; and ensure that United States armed forces have the capability to use the GPS effectively despite hostile attempts to prevent the use of the system by such forces. shall provide for the sustainment and operation of the GPS Standard Positioning Service in order to meet the performance requirements of the Federal Radionavigation Plan prepared jointly by the Secretary of Defense and the Secretary of Transportation pursuant to subsection (c); shall coordinate with the Secretary of Transportation regarding the development and implementation by the Government of augmentations to the basic GPS that achieve or enhance uses of the system in support of transportation; shall coordinate with the Secretary of Commerce, the United States Trade Representative, and other appropriate officials to facilitate the development of new and expanded civil and commercial uses for the GPS; shall develop measures for preventing hostile use of the GPS in a particular area without hindering peaceful civil use of the system elsewhere; and may not agree to any restriction on the Global Positioning System proposed by the head of a department or agency of the United States outside the Department of Defense in the exercise of that official’s regulatory authority that would adversely affect the military potential of the Global Positioning System. The Secretary of Defense and the Secretary of Transportation shall jointly prepare the Federal Radionavigation Plan. The plan shall be revised and updated not less often than every two years. The plan shall be prepared in accordance with the requirements applicable to such plan as first prepared pursuant to section 507 of the International Maritime Satellite Telecommunications Act 1 ( 1 See References in Text note below. 47 U.S.C. 756 ). The plan, and any amendment to the plan, shall be published in the Federal Register. The constellation of satellites. The navigation payloads that produce the Global Positioning System signals. The ground stations, data links, and associated command and control facilities. The term “GPS Standard Positioning Service” means the civil and commercial service provided by the basic Global Positioning System as defined in the 1996 Federal Radionavigation Plan (published jointly by the Secretary of Defense and the Secretary of Transportation in July 1997). prioritize and rank order the mission elements, platforms, and weapons systems most critical for the operational plans of the combatant commands; to generate resilient and survivable alternative positioning, navigation, and timing signals; and to process resilient survivable data provided by signals of opportunity and on-board sensor systems; and integrate and deploy such equipment into the prioritized operational systems, platforms, and weapons systems. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to commence carrying out subsection (a) in fiscal year 2021. The plan submitted under paragraph (1) may include any reprogramming or supplemental budget request the Secretary considers necessary to carry out subsection (a). In carrying out this section, the Secretary shall consult with the National Security Council, the Secretary of Homeland Security, the Secretary of Transportation, and the head of any other relevant Federal department or agency to enable civilian and commercial adoption of technologies and capabilities for resilient and survivable alternative positioning, navigation, and timing capabilities to complement the global positioning system.” Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 or any subsequent fiscal year for the Department of Defense may be obligated or expended to retrofit any Global Positioning System device or system, or network that uses the Global Positioning System, in order to mitigate harmful interference from commercial terrestrial operations using the 1526–1536 megahertz band, the 1627.5–1637.5 megahertz band, or the 1646.5–1656.5 megahertz band. conducting technical or information exchanges with the entity that operates the commercial terrestrial operations in the megahertz bands specified in such subsection; seeking compensation for harmful interference from such entity; or Global Positioning System receiver upgrades needed to address other resiliency requirements.” submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] an estimate of the extent of covered costs and the range of ligible reimbursable costs associated with harmful interference resulting from such Order and Authorization to the Global Positioning System of the Department of Defense; and certifies to the congressional defense committees that the estimate submitted under paragraph (1) is accurate with a high degree of certainty. to upgrade, repair, or replace potentially affected receivers of the Federal Government; to modify, repair, or replace equipment, spares, associated ancillary equipment, software, facilities, operating manuals, training, or compliance with regulations, including with regard to the underlying platform or system in which a capability of the Global Positioning System is embedded; and for personnel of the Department to engineer, validate, and verify that any required remediation provides the Department with the same operational capability for the affected system prior to terrestrial operation in the 1525 to 1559 megahertz or 1626.5 to 1660.5 megahertz bands of electromagnetic spectrum. costs associated with engineering, equipment, software, site acquisition, and construction; any transaction expense that the Secretary determines is legitimate and prudent; costs relating to term-limited Federal civil servant and contractor staff; and the costs of research, engineering studies, or other expenses the Secretary determines reasonably incurred. As soon as practicable after submitting an estimate as described in paragraph (1) of subsection (a) and making the certification described in paragraph (2) of such subsection, the Secretary shall make such estimate available to any licensee operating under the Order and Authorization described in such subsection. The Secretary may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization described in subsection (a) to seek recovery of costs incurred by the Department as a result of the effect of such order and authorization. The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization described in subsection (a) to provide reimbursement to the Department, only to the extent provided in appropriation Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection. The Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriation Acts, for covered costs described in subsection (b) and the range of eligible reimbursable costs identified under subsection (a)(1). Not later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process.” The Secretary of the Air Force shall carry out a program to prototype an M-code based, multi-global navigation satellite system receiver that is capable of receiving covered signals to increase the resilience and capability of military position, navigation, and timing equipment against threats to the Global Positioning System and to deter the likelihood of attack on the worldwide Global Positioning System by reducing the benefits of such an attack. with respect to each covered signal that could be received by the prototype receiver under such program, conduct an assessment of the relative benefits and risks of using that signal, including with respect to any existing or needed monitoring infrastructure that would alert users of the Department of Defense of potentially corrupted signal information, and the cyber risks and challenges of incorporating such signals into a properly designed receiver; ensure that monitoring systems are able to include any monitoring network of the United States or allies of the United States; conduct an assessment of the benefits and risks, including with respect to the compatibility of non-United States global navigation satellite system signals with existing position, navigation, and timing equipment of the United States, and the extent to which the capability to receive such signals would impact current receiver or antenna design; and is a cooperative effort, coordinated with the Secretary of State, between the United States and the allies of the United States that may also have interest in funding a multi-global navigation satellite system and M-code program; and the Secretary of Defense, in coordination with the Secretary of State, ensures that the United States has access to sufficient insight into trusted signals of allied systems to assure potential reliance by the United States on such signals. the estimated cost, including total cost and out-year funding requirements for a program to develop and deploy the receiver system described in subsection (a); the schedule for such program; a plan for how the results of the program could be incorporated into future blocks of the Global Positioning System military user equipment program; and the recommendations and analysis contained in the study sponsored by the Department of Defense conducted by the MITRE Corporation on the risks, benefits, and approaches to adding multi-global navigation satellite system capabilities to military user equipment. an explanation of how the Secretary intends to comply with section 1609 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2281 note); an outline of any potential cooperative efforts acting in accordance with the North Atlantic Treaty Organization, the European Union, or Japan that would support such compliance; an assessment of the potential to host, or incorporate through software-defined payloads, Global Positioning System M-code functionality onto allied global navigation satellite system systems; and an assessment of new or enhanced monitoring capabilities that would be needed to incorporate global navigation satellite system functionality into weapon systems of the Department. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for increment 2 of the acquisition of military Global Positioning System user equipment terminals, not more than 90 percent may be obligated or expended until the date on which the briefing has been provided under subsection (c) and the report has been submitted under subsection (d). the Galileo system of the European Union; the QZSS system of Japan; and the NAVIC system of India; and any similarly associated wide area augmentation systems. allied systems; and non-allied systems; and includes both encrypted signals and open signals. The term ‘encrypted signals’ means global navigation satellite system signals that incorporate encryption or other internal methods to authenticate signal information. The term ‘M-code’ means, with respect to global navigation satellite system signals, military code that provides enhanced positioning, navigation, and timing capabilities and improved resistance to existing and emerging threats, such as jamming. the Russian GLONASS system; and the Chinese Beidou system. The term ‘open signals’ means global navigation satellite system [signals] that do not include encryption or other internal methods to authenticate signal information.” Except as provided by paragraph (2), subject to appropriate mitigation efforts, the Secretary of the Air Force shall ensure that military Global Positioning System user equipment terminals have the capability to receive trusted signals from the Galileo satellites of the European Union and the QZSS satellites of Japan, beginning with increment 2 of the acquisition of such terminals. the rationale for why the Secretary could not integrate such capability beginning with increment 2 of the acquisition of such terminals; and a plan, including a timeline, to incorporate the capability to add multi-Global Navigation Satellite System signals to provide substantive military utility in future increments of such terminals. The Secretary of Defense may not delegate the authority under paragraph (2) to make a waiver below the Deputy Secretary of Defense. the benefits of receiving such signals outweigh the risks; or such risks can be appropriately mitigated. enable military Global Positioning System user equipment terminals to receive the positioning, navigation, and timing signals of such allies; and negotiate as appropriate other potential agreements relating to the enhancement of positioning, navigation, and timing.” Not later than 30 days after the date of the enactment of this Act [ Aug. 13, 2018 ], the Secretary of Defense, in coordination with the Secretaries of the military departments and the heads of Defense Agencies the Secretary determines appropriate, shall designate a component of the Office of the Secretary of Defense to be responsible for coordinating common solutions for the M-code modernization efforts among the military departments, Defense Agencies, and other appropriate elements of the Department of Defense. the number of total receiver cards required by the Department, including the number required for each such element and program and the military departments; the timeline, by fiscal year, for each program of the Department conducting M-code modernization efforts; and the projected cost for each such program. Systematically collect integration test data, lessons learned, and design solutions, and share such information with other elements of the Department, including with respect to each program of the Department that requires M-code capable receiver cards. Identify ways the Department can prevent duplication in conducting M-code modernization efforts, and identify, to the extent practicable, potential cost savings that could be realized by addressing such duplication. Coordinate the integration, testing, and procurement of M-code capable receiver cards to ensure that the Department maximizes the buying power of the Department, reduces duplication, and saves resources, where possible. The Secretary of Defense shall ensure the military departments, the Defense Agencies, and other elements of the Department of Defense provide the component selected under subsection (a) with the appropriate support and resources needed to perform the roles and responsibilities under subsection (b), and shall clarify the roles of the Chief Information Officer and the Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise with respect to M-code modernization efforts. The projected cost and schedule, by fiscal year, for the Department to acquire M-code capable receiver cards. The programs of the Department conducting M-code modernization efforts. The number of M-code capable receiver cards procured by the Department, the number of such receiver cards yet to be procured, and the percentage of the M-code modernization efforts completed by each program identified under paragraph (2). The term ‘M-code capable receiver card’ means a Global Positioning System receiver card that is capable of receiving military code that provides enhanced positioning, navigation, and timing capabilities and improved resistance to existing and emerging threats, such as jamming. The term ‘M-code modernization efforts’ means the development, integration, testing, and procurement programs of the Department of Defense relating to developing M-code capable receiver cards.” Not later than 90 days after the date of the enactment of this Act [ Nov. 25, 2015 ], and every 90 days thereafter, the Secretary of the Air Force shall submit to the Comptroller General of the United States a report and supporting documentation on the Global Positioning System III space segment, the Global Positioning System operational control segment, and the Military Global Positioning System user equipment acquisition programs. A statement of the status of the program with respect to cost, schedule, and performance. A description of any changes to the requirements of the program. A description of any technical risks impacting the cost, schedule, and performance of the program. An assessment of how such risks are to be addressed and the costs associated with such risks. An assessment of the extent to which the segments of the program are synchronized. review and assess the efforts of the Department of the Air Force with respect to Global Positioning System modernization and other positioning, navigation, and timing systems; and the progress made by the Space Force in fielding military code from the Global Positioning System (commonly known as ‘M-code’); the efforts the Department of the Air Force has planned or made to develop complementary or alternative solutions for M-code to obtain positioning, navigation, and timing information through new signals, systems, and subsystems; and the extent to which the military departments have developed and fielded user equipment with the ability to use M-code and complementary or alternative solutions. not later than March 1, 2025 , the briefing required by paragraph (1)(B); a report on the matters described in that paragraph, to be submitted on a date agreed upon at such briefing; and any subsequent briefing on the matters described in that paragraph, as the Comptroller General considers appropriate. The requirement under subsection (a) shall terminate with respect to an acquisition program specified in that subsection on the date on which that program reaches initial operational capability.” Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated or otherwise made available by this Act or any other Act for the Department of Defense may be obligated or expended to purchase user equipment for the Global Positioning System during fiscal years after fiscal year 2017 unless the equipment is capable of receiving the military code (commonly known as the ‘M code’) from the Global Positioning System. The limitation under subsection (a) shall not apply with respect to the purchase of passenger vehicles or commercial vehicles in which Global Positioning System equipment is installed. suitable user equipment capable of receiving the military code from the Global Positioning System is not available; or with respect to a purchase of user equipment, the Department of Defense does not require that user equipment to be capable of receiving the military code from the Global Positioning System. The Secretary of Defense may not delegate the authority to make a waiver under subsection (c) to an official below the level of the Secretaries of the military departments or the Under Secretary of Defense for Acquisition, Technology, and Logistics.” The interagency committee known as the National Space-Based Positioning, Navigation, and Timing Executive Committee. The support office for the committee specified in paragraph (1) known as the National Space-Based Positioning, Navigation, and Timing Coordination Office. The Federal advisory committee known as the National Space-Based Positioning, Navigation, and Timing Advisory Board.” The development of an enhanced Global Positioning System is an urgent national security priority. An evolved satellite system that includes increased signal power and other improvements such as regional-level directional signal enhancements. Enhanced receivers and user equipment that are capable of providing military users with direct access to encrypted Global Positioning System signals. To the extent funded by the Secretary of Transportation, additional civil frequencies and other enhancements for civil users. the Secretary of Defense should ensure that the future-years defense program provides for sufficient funding to develop and deploy an enhanced Global Positioning System in accordance with the priority declared in subsection (a); and the Secretary of Transportation should provide sufficient funding to support additional civil frequencies for the Global Positioning System and other enhancements of the system for civil users. Not later than April 15, 1999 , the Secretary of Defense shall submit to Congress a plan for carrying out the requirements of subsection (b). Of the amounts authorized to be appropriated under section 201(3) [ 112 Stat. 1946 ], $44,000,000 shall be available to establish and carry out an enhanced Global Positioning System program.” The Global Positioning System (consisting of a constellation of satellites and associated facilities capable of providing users on earth with a highly precise statement of their location on earth) makes significant contributions to the attainment of the national security and foreign policy goals of the United States, the safety and efficiency of international transportation, and the economic growth, trade, and productivity of the United States. The infrastructure for the Global Positioning System (including both space and ground segments of the infrastructure) is vital to the effectiveness of United States and allied military forces and to the protection of the national security interests of the United States. In addition to having military uses, the Global Positioning System has essential civil, commercial, and scientific uses. there has emerged in the United States a new commercial industry to provide Global Positioning System equipment and related services to the many and varied users of the system; and there have been rapid technical advancements in Global Positioning System equipment and services that have contributed significantly to reductions in the cost of the Global Positioning System and increases in the technical capabilities and availability of the system for military uses. to support continuation of the multiple-use character of the Global Positioning System; to promote broader acceptance and use of the Global Positioning System and the technological standards that facilitate expanded use of the system for civil purposes; to coordinate with other countries to ensure (i) efficient management of the electromagnetic spectrum used by the Global Positioning System, and (ii) protection of that spectrum in order to prevent disruption of signals from the system and interference with that portion of the electromagnetic spectrum used by the system; and to encourage open access in all international markets to the Global Positioning System and supporting equipment, services, and techniques. Undertaking a coordinated effort within the executive branch to seek to establish the Global Positioning System, and augmentations to the system, as a worldwide resource. Seeking to enter into international agreements to establish signal and service standards that protect the Global Positioning System from disruption and interference. Undertaking efforts to eliminate any barriers to, and other restrictions of foreign governments on, peaceful uses of the Global Positioning System. Requiring that any proposed international agreement involving nonmilitary use of the Global Positioning System or any augmentation to the system not be agreed to by the United States unless the proposed agreement has been reviewed by the Secretary of State, the Secretary of Defense, the Secretary of Transportation, and the Secretary of Commerce (acting as the Interagency Global Positioning System Executive Board established by Presidential Decision Directive NSTC–6, dated March 28, 1996 ).” Except as provided in subsection (b), after May 1, 1996 , the Secretary of Defense may not (through use of the feature known as ‘selective availability’) deny access of non-Department of Defense users to the full capabilities of the Global Positioning System. development and acquisition of effective capabilities to deny hostile military forces the ability to use the Global Positioning System without hindering the ability of United States military forces and civil users to have access to and use of the system, together with a specific date by which those capabilities could be operational; and development and acquisition of receivers for the Global Positioning System and other techniques for weapons and weapon systems that provide substantially improved resistance to jamming and other forms of electronic interference or disruption, together with a specific date by which those receivers and other techniques could be operational with United States military forces.”