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Code · BILL · 114th Congress · H.R. 4945 (Introduced in House) — To permanently secure the United States as the preeminent spacefaring nation, and for other purposes. · Sec. 101

Sec. 101. Space doctrine, organization, acquisition, and architecture development

1,354 words·~6 min read·/bill/114/hr/4945/ih/section-101

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It is the sense of Congress that— national security space capabilities play a critical strategic role to help ensure economic prosperity, military deterrence, and power projection; and civil and commercial space capabilities are critical for, and increasingly contribute to, national security missions. Not later than one year after the date of the enactment of this Act, the President, in consultation with the Secretary of Defense and the Director of National Intelligence, shall develop— doctrine for the Armed Forces and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3001 )) governing the response of the United States to efforts by state and nonstate actors to deliberately— deny the United States or allies or partners of the United States access to space or space operations; or degrade or destroy Government or commercial space assets of the United States or allies or partners of the United States; and doctrine for the Armed Forces with respect to the rules of engagement for space forces.
Chapter 135 of title 10 is amended by adding at the end the following new section: The Secretary of Defense shall designate an official of the Department to be the Principal Defense Space Advisor, who, in addition to the other duties of such official, shall act as the principal advisor to the Secretary on all space matters. The Principal Defense Space Advisor shall be responsible for the following: Serving as the principal advisor to the Secretary of Defense, the Deputy Secretary of Defense, the Joint Chiefs of Staff, the Joint Requirements Oversight Council, the Deputy’s Management Action Group, and the Defense Acquisition Board on all space matters.
Serving as the Principal Advisor on Space Control under section 2279a of this title. Overseeing the entire space enterprise of the Department of Defense by reviewing all policies, strategies, plans, programming, and architecture assessments relating to space. Conducting annual Defense-wide space strategic portfolio reviews in coordination with the Defense Space Council and the Director of Cost Assessment and Program Evaluation. Chairing the Defense Space Council. Providing the Deputy’s Management Action Group with independent assessments and recommendations, as requested by the Deputy Secretary, in cases where members of the Defense Space Council are unable to reach consensus. .
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2279c the following new item: 2279d. Principal Defense Space Advisor. . The position in the Department of Defense of the Principal Defense Space Advisor designated under section 2279d of title 10, United States Code, as added by paragraph (1), supersedes the position in the Department of Defense Executive Agent for Space. Title 10, United States Code, is amended— in section 2279a(a), by striking The Secretary of Defense and all that follows through such senior official, and inserting The Principal Defense Space Advisor established by section 2279d of this title shall also serve as the Principal Advisor on Space Control and ; and by striking Department of Defense Executive Agent for Space and inserting Principal Defense Space Advisor each place it appears.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and commence the implementation of a strategy to increase interoperability between systems that electronically share cyberspace situational awareness and space situational awareness data and information across the space and cyberspace enterprises of the Department of Defense, including among space, cyberspace, and air operations centers. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the strategy developed under paragraph (1), including— a plan to carry out the increased operability between space systems described in such paragraph; a description of current and future initiatives to increase automated data transfer; cost estimates for developing, procuring, installing and sustaining the systems described in such paragraph; and a description of any regulatory or legislative actions required to fully implement the strategy.
Of the funds authorized to be appropriated or otherwise made available for fiscal year 2017 for the Under Secretary of Defense for Acquisition, Technology, and Logistics, not more than 50 percent may be obligated or expended until the date on which the Under Secretary certifies to the congressional defense committees that the Under Secretary is compliant with the assessment, reporting, and notification requirements under section 2275 of title 10, United States Code. Section 2275 of title 10, United States Code, is amended— by redesignating subsection
(g)as subsection (h); by inserting after subsection
(f)the following new subsection (g): During each of fiscal years 2018 through 2027, the Secretary of Defense shall certify to the congressional defense committees that each major satellite acquisition program that has received Milestone B approval is an integrated program with respect to acquisition and delivery of segments of the program. A major satellite acquisition program may not receive Milestone C approval if the Secretary has not made a certification under paragraph
(1)with respect to such program. For each major satellite acquisition program that the Secretary does not make a certification under paragraph (1), the Secretary shall provide the congressional defense committees a briefing explaining why such certification may not be made, including a discussion of the matters described in subsection (e)(2). ; and in subsection (h), as redesignated by subparagraph (A), by adding at the end the following new paragraph: The term Milestone C approval has the meaning given that term in section 2366(e) of this title. . Section 2273 of title 10, United States Code, is amended by adding at the end the following new subsection: To the extent practical, the Secretary shall ensure that any space architecture of the Department of Defense uses hosted payloads. Beginning January 1, 2026, the Secretary shall give preference to launching hosted payloads on launch vehicles owned and operated by companies domiciled in the United States. For each space program of the Department requiring the launch of assets into space, the Secretary shall ensure that any analysis of alternatives conducted for the program considers alternatives with hosted payloads and commercial services. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of the Space and Missile Systems Center and the Principal Defense Space Advisor designated under section 2279d of title 10, United States Code, as added by subsection (c)(1), shall submit to the congressional defense committees a plan to increase the use of hosted payloads. The plan shall include the following elements: An analysis of how the Secretary can increase the use of the Hosted Payload Solutions program, including identification of planned missions over the next five fiscal years which may use hosted payloads. Criteria and standards necessary for new entrants to qualify for Hosted Payload Solutions program certification. Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Principal Defense Space Advisor designated under section 2279d of title 10, United States Code, as added by subsection (c)(1), shall submit to the congressional defense committees an assessment of desirable protection capabilities that would enhance the integration of commercial space systems into national security space architectures. The assessment under paragraph
(1)shall include the following: A prioritized list by space mission area of protection capabilities that could improve the resilience of commercial space systems. The estimated costs for commercial operators to integrate the highest priority protection capabilities into commercial systems. An examination of any issues associated with the quality, integrity, security, reliability, and continuity of commercial space data. Before submitting the assessment under paragraph (1), the Secretary shall consult with appropriate representatives from the commercial space industry with respect to the initial findings and recommendations of the Secretary developed under such paragraph. It is the sense of Congress that— the Department of Defense should thoroughly examine the opportunities offered by high-volume satellite manufacturing as the capability for such manufacturing emerges; and high-volume satellite manufacturing could dramatically lower costs through leveraging economies of scale and also contribute to resiliency through proliferated constellations.
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Sec. 101
Space doctrine, organization, acquisition, and architecture development
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