50 U.S.C. § 3239 — Requirement to buy certain satellite component from American sources
submitted 79 years ago by Pub. L. 116-260 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 261 words · no verdicts yet
Covered intelligence-community elements generally may not award a contract for a national-security satellite using a foreign-made star tracker. The element head may waive the rule for an unavailable, unreasonably costly, or urgently necessary U.S.-made tracker, with written certification to Congress.
(a) Definitions. (1) “Covered element of the intelligence community*” means an intelligence*-community element outside the Department of Defense. (2) “National security satellite” means a satellite weighing more than 400 pounds whose principal purpose is supporting U.S. Government national-security or intelligence needs. (3) “United States” means the States, the District of Columbia, and U.S. territories and possessions.
(b) Requirement. Starting January 1, 2021, unless subsection (c) applies, a covered element may not award a national-security-satellite contract if the satellite uses a star tracker whose software or hardware was not produced in the United States.
(c) Exception. The element head may waive the requirement case by case by certifying in writing to the intelligence committees that (1) no U.S.-made tracker meets the satellite’s mission and design requirements; (2) a U.S.-made tracker’s cost is unreasonable based on a market survey; or (3) the waiver is needed for U.S. national security because of an urgent and compelling need.
In this section:
The term “covered element of the intelligence* community” means an element of the intelligence community that is not an element of the Department of Defense.
The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees* that—
there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
Source credit: (July 26, 1947, ch. 343, title XI, § 1109, as added Pub. L. 116–260, div. W, title III, § 308(a), Dec. 27, 2020, 134 Stat. 2368.)
- 1947Enacted · Pub. L. 116-260 · 134 Stat. 2368
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 1947-07-26.
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