10 U.S.C. § 9087 — Space Development Agency

(a) In general. (1) The Department of Defense has a Space Development Agency, headed by a Director. (2) Starting October 1, 2022, the Agency is part of the Space Force. For acquisition decisions, the Director reports under section 9016(b)(6)(B)(iv)(III) of this title to the Assistant Secretary of the Air Force for Space Acquisition and Integration. For requirements, personnel, and all other matters not covered by that clause, the Director reports directly to the Chief of Space Operations. (b) Development and integration. The Director must lead (1) development and demonstration of a resilient military space sensing, tracking, and data-transport architecture using many low-Earth-orbit systems and services; (2) integration of next-generation capabilities, including novel sensors, alternate navigation, autonomous battle management, and sensor and tracking components including the hypersonic and ballistic-missile tracking payload required by section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, to meet armed-forces and combatant-command needs; (3) procurement of commercial capabilities and services, including integrating payloads on commercial buses and spacecraft and innovative services such as on-orbit servicing and in-space transportation that can extend system life, respond quickly to threats, or improve resilience; and (4) rapid introduction, acquisition, and repeated improvement of affordable, resilient solutions using planned or existing commercial low-Earth-orbit or innovative capabilities. (c) Budget. Beginning no later than fiscal year 2023, budget justification materials must show the Agency's requested amount separately from other Space Force activities. The Secretary of Defense must give Agency programs program elements different from other Space Force program elements. (d) Delegation. (1) For tranche 0 and tranche 1 capabilities, the Air Force Secretary, through the Service Acquisition Executive^* for Space Systems and Programs, must to the extent practicable delegate to the Agency (A) head-of-contracting authority and (B) milestone decision authority for middle-tier acquisition programs. (2) The Executive may rescind the delegation for cause or case by case. Within 30 days, the Air Force Secretary must notify the congressional defense committees^*. (3) “Tranche 0 capabilities” means transport, battle management, tracking, custody, navigation, deterrence, and support capabilities intended by September 30, 2022. “Tranche 1 capabilities” means those kinds of capabilities intended by September 30, 2024. This section does not otherwise define those terms.