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10 USC CHAPTER 136 - PROVISIONS RELATING TO SPECIFIC

PROGRAMS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 136 - PROVISIONS RELATING TO SPECIFIC PROGRAMS

.

-HEAD-

CHAPTER 136 - PROVISIONS RELATING TO SPECIFIC PROGRAMS

-MISC1-

Sec.

2281. Global Positioning System.

2282. B-2 bomber: annual report.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title I, Sec.

131(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-29, added item

2282.

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10 USC Sec. 2281 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 136 - PROVISIONS RELATING TO SPECIFIC PROGRAMS

-HEAD-

Sec. 2281. Global Positioning System

-STATUTE-

(a) Sustainment and Operation for Military Purposes. - The

Secretary of Defense shall provide for the sustainment of the

capabilities of the Global Positioning System (hereinafter in this

section referred to as the ''GPS''), and the operation of basic GPS

services, that are beneficial for the national security interests

of the United States. In doing so, the Secretary shall -

(1) 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

(2) 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.

(b) Sustainment and Operation for Civilian Purposes. - The

Secretary of Defense shall provide for the sustainment and

operation of the GPS Standard Positioning Service for peaceful

civil, commercial, and scientific uses on a continuous worldwide

basis free of direct user fees. In doing so, the Secretary -

(1) 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);

(2) 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;

(3) 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;

(4) shall develop measures for preventing hostile use of the

GPS in a particular area without hindering peaceful civil use of

the system elsewhere; and

(5) 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.

(c) Federal Radionavigation Plan. - 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 (FOOTNOTE 1) (47 U.S.C. 756). The

plan, and any amendment to the plan, shall be published in the

Federal Register.

(FOOTNOTE 1) See References in Text note below.

(d) Biennial Report. - (1) Not later than 30 days after the end

of each even-numbered fiscal year, the Secretary of Defense shall

submit to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives a

report on the Global Positioning System. The report shall include a

discussion of the following matters:

(A) The operational status of the system.

(B) The capability of the system to satisfy effectively (i) the

military requirements for the system that are current as of the

date of the report, and (ii) the performance requirements of the

Federal Radionavigation Plan.

(C) The most recent determination by the President regarding

continued use of the selective availability feature of the system

and the expected date of any change or elimination of the use of

that feature.

(D) The status of cooperative activities undertaken by the

United States with the governments of other countries concerning

the capability of the system or any augmentation of the system to

satisfy civil, commercial, scientific, and military requirements,

including a discussion of the status and results of activities

undertaken under any regional international agreement.

(E) Any progress made toward establishing GPS as an

international standard for consistency of navigational service.

(F) Any progress made toward protecting GPS from disruption and

interference.

(G) The effects of use of the system on national security,

regional security, and the economic competitiveness of United

States industry, including the Global Positioning System

equipment and service industry and user industries.

(2) In preparing the parts of each such report required under

subparagraphs (D), (E), (F), and (G) of paragraph (1), the

Secretary of Defense shall consult with the Secretary of State, the

Secretary of Commerce, and the Secretary of Transportation.

(e) Definitions. - In this section:

(1) The term ''basic GPS services'' means the following

components of the Global Positioning System that are operated and

maintained by the Department of Defense:

(A) The constellation of satellites.

(B) The navigation payloads that produce the Global

Positioning System signals.

(C) The ground stations, data links, and associated command

and control facilities.

(2) 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).

-SOURCE-

(Added Pub. L. 105-85, div. A, title X, Sec. 1074(d)(1), Nov. 18,

1997, 111 Stat. 1909; amended Pub. L. 106-65, div. A, title X,

Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-REFTEXT-

REFERENCES IN TEXT

Section 507 of the International Maritime Satellite

Telecommunications Act, referred to in subsec. (c), is section 507

of Pub. L. 87-624 which was classified to section 756 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs, prior to repeal by

Pub. L. 103-414, title III, Sec. 304(b)(5), Oct. 25, 1994, 108

Stat. 4298.

-MISC2-

AMENDMENTS

1999 - Subsec. (d)(1). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security'' in introductory provisions.

AUTHORIZATION OF INTERAGENCY SUPPORT FOR GLOBAL POSITIONING SYSTEM

Pub. L. 106-405, Sec. 8, Nov. 1, 2000, 114 Stat. 1753, provided

that: ''The use of interagency funding and other forms of support

is hereby authorized by Congress for the functions and activities

of the Interagency Global Positioning System Executive Board,

including an Executive Secretariat to be housed at the Department

of Commerce.''

ENHANCED GLOBAL POSITIONING SYSTEM PROGRAM

Pub. L. 105-261, div. A, title II, Sec. 218, Oct. 17, 1998, 112

Stat. 1951, provided that:

''(a) Policy on Priority for Development of Enhanced GPS System.

- The development of an enhanced Global Positioning System is an

urgent national security priority.

''(b) Development Required. - To fulfill the requirements

described in section 279(b) of the National Defense Authorization

Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 243) (set

out as a note below) and section 2281 of title 10, United States

Code, the Secretary of Defense shall develop an enhanced Global

Positioning System in accordance with the priority declared in

subsection (a). The enhanced Global Positioning System shall

include the following elements:

''(1) An evolved satellite system that includes increased

signal power and other improvements such as regional-level

directional signal enhancements.

''(2) Enhanced receivers and user equipment that are capable of

providing military users with direct access to encrypted Global

Positioning System signals.

''(3) To the extent funded by the Secretary of Transportation,

additional civil frequencies and other enhancements for civil

users.

''(c) Sense of Congress Regarding Funding. - It is the sense of

Congress that -

''(1) 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

''(2) 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.

''(d) Plan for Development of Enhanced Global Positioning System.

- Not later than April 15, 1999, the Secretary of Defense shall

submit to Congress a plan for carrying out the requirements of

subsection (b).

''(e) Delayed Effective Date for Limitation on Procurement of

Systems Not GPS-Equipped. - (Amended section 152(b) of Pub. L.

103-160, set out as a note below.)

''(f) Funding From Authorized Appropriations for Fiscal Year

1999. - 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.''

SUSTAINMENT AND OPERATION OF GLOBAL POSITIONING SYSTEM

Section 1074(a), (b) of Pub. L. 105-85 provided that:

''(a) Findings. - Congress makes the following findings:

''(1) 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.

''(2) 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.

''(3) In addition to having military uses, the Global

Positioning System has essential civil, commercial, and

scientific uses.

''(4) As a result of the increasing demand of civil,

commercial, and scientific users of the Global Positioning System

-

''(A) 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

''(B) 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.

''(5) It is in the national interest of the United States for

the United States -

''(A) to support continuation of the multiple-use character

of the Global Positioning System;

''(B) 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;

''(C) 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

''(D) to encourage open access in all international markets

to the Global Positioning System and supporting equipment,

services, and techniques.

''(b) International Cooperation. - Congress urges the President

to promote the security of the United States and its allies, the

public safety, and commercial interests by taking the following

steps:

''(1) 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.

''(2) Seeking to enter into international agreements to

establish signal and service standards that protect the Global

Positioning System from disruption and interference.

''(3) Undertaking efforts to eliminate any barriers to, and

other restrictions of foreign governments on, peaceful uses of

the Global Positioning System.

''(4) 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).''

ACCESS TO GLOBAL POSITIONING SYSTEM

Pub. L. 104-106, div. A, title II, Sec. 279, Feb. 10, 1996, 110

Stat. 243, provided that:

''(a) Conditional Prohibition on Use of Selective Availability

Feature. - 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.

''(b) Plan. - Subsection (a) shall cease to apply upon submission

by the Secretary of Defense to the Committee on Armed Services of

the Senate and the Committee on National Security of the House of

Representatives of a plan for enhancement of the Global Positioning

System that provides for -

''(1) 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

''(2) 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.''

LIMITATION ON PROCUREMENT OF SYSTEMS NOT GPS-EQUIPPED

Pub. L. 103-160, div. A, title I, Sec. 152(b), Nov. 30, 1993,

107 Stat. 1578, as amended by Pub. L. 105-261, div. A, title II,

Sec. 218(e), Oct. 17, 1998, 112 Stat. 1952, provided that: ''After

September 30, 2005, funds may not be obligated to modify or procure

any Department of Defense aircraft, ship, armored vehicle, or

indirect-fire weapon system that is not equipped with a Global

Positioning System receiver.''

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10 USC Sec. 2282 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 136 - PROVISIONS RELATING TO SPECIFIC PROGRAMS

-HEAD-

Sec. 2282. B-2 bomber: annual report

-STATUTE-

Not later than March 1 of each year, the Secretary of Defense

shall submit to the Committee on Armed Services of the Senate and

the Committee on Armed Services of the House of Representatives a

report on the B-2 bomber aircraft. Each such report shall include

the following:

(1) Identification of the average full-mission capable rate of

B-2 aircraft for the preceding fiscal year and the Secretary's

overall assessment of the implications of that full-mission

capable rate on mission accomplishment for the B-2 aircraft,

together with the Secretary's determination as to whether that

rate is adequate for the accomplishment of each of the missions

assigned to the B-2 aircraft as of the date of the assessment.

(2) An assessment of the technical capabilities of the B-2

aircraft and whether these capabilities are adequate to

accomplish each of the missions assigned to that aircraft as of

the date of the assessment.

(3) Identification of all ongoing and planned development of

technologies to enhance the capabilities of that aircraft.

(4) Identification and assessment of additional technologies

that would make that aircraft more capable or survivable against

known and evolving threats.

(5) A fiscally phased program for each technology identified in

paragraphs (3) and (4) for the budget year and the future-years

defense program, based on the following three funding situations:

(A) The President's current budget.

(B) The President's current budget and the current Department

of Defense unfunded priority list.

(C) The maximum executable funding for the B-2 aircraft given

the requirement to maintain enough operationally ready aircraft

to accomplish missions assigned to the B-2 aircraft.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title I, Sec. 131(a)(1)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-28.)

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