
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2281]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
          CHAPTER 136--PROVISIONS RELATING TO SPECIFIC PROGRAMS
 
Sec. 2281. Global Positioning System

    (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 \1\ (47 U.S.C. 756). The plan, and any amendment 
to the plan, shall be published in the Federal Register.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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    (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).

(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.)

                       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.


                               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.''
