50 U.S.C. § 3239

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 3239 - Requirement to buy certain satellite component from American sources

(a) Definitions

In this section:

(1) Covered element of the intelligence community

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.

(2) National security satellite

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.

(3) United States

The term "United States" means the several States, the District of Columbia, and the territories and possessions of the United States.

(b) Requirement

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.

(c) Exception

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-

(1) 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;

(2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or

(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.

50 U.S.C. § 3239

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.

congressional intelligence committees: The term "congressional intelligence committees" means-(A) the Select Committee on Intelligence of the Senate; and(B) the Permanent Select Committee on Intelligence of the House of Representatives.
intelligence community: The term "intelligence community" includes the following:(A) The Office of the Director of National Intelligence.(B) The Central Intelligence Agency.(C) The National Security Agency.(D) The Defense Intelligence Agency.(E) The National Geospatial-Intelligence Agency.(F) The National Reconnaissance Office.(G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.(H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Space Force, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy.(I) The Bureau of Intelligence and Research of the Department of State.(J) The Office of Intelligence and Analysis of the Department of the Treasury.(K) The Office of Intelligence and Analysis of the Department of Homeland Security.(L) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
intelligence: The term "intelligence" includes foreign intelligence and counterintelligence.