Sec. 1601. Rocket propulsion system to replace RD–180

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Section 1604 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended by section 1606 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1099), is further amended by striking subsection

(d)and inserting the following new subsections: The funds described in paragraph (2)— may be obligated or expended for— the development of the rocket propulsion system to replace non-allied space launch engines pursuant to subsection (a); and the necessary interfaces to, or integration of, the rocket propulsion system with an existing or new launch vehicle; and may not be obligated or expended to develop or procure a launch vehicle, an upper stage, a strap-on motor, or related infrastructure. The funds described in this paragraph are the following: Funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2017 or otherwise made available for fiscal year 2017 for the Department of Defense for the development of the rocket propulsion system under subsection (a). Funds authorized to be appropriated by this Act or the National Defense Authorization Act for Fiscal Year 2016 or otherwise made available for fiscal years 2015 or 2016 for the Department of Defense for the development of the rocket propulsion system under subsection

(a)that are unobligated as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017. The Secretary may obligate or expend not more than a total of 31 percent of the funds that are authorized to be appropriated or otherwise made available for fiscal year 2017 for the rocket propulsion system and launch system investment for activities not authorized by paragraph (1)(A), including for developing a launch vehicle, an upper stage, a strap-on motor, or related infrastructure. The Secretary may exceed such limit in fiscal year 2017 for such purposes if— the Secretary certifies to the appropriate congressional committees that, as of the date of the certification— the development of the rocket propulsion system is being carried out pursuant to paragraph (1)(A) in a manner that ensures that the rocket propulsion system will meet each requirement under subsection (a)(2); and such obligation or expenditure will not negatively affect the development of the rocket propulsion system, including with respect to meeting such requirements; and the reprogramming or transfer is carried out in accordance with established procedures for reprogramming or transfers, including with respect to presenting a request for a reprogramming of funds. In this section: The term appropriate congressional committees means— the congressional defense committees; and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. The term rocket propulsion system means, with respect to the development authorized by subsection (a), a main booster, first-stage rocket engine or motor. The term does not include a launch vehicle, an upper stage, a strap-on motor, or related infrastructure. . Subsection

(a)of such section 1604 is amended by adding at the end the following new paragraph: In developing the rocket propulsion system under paragraph (1), and in any development conducted pursuant to subsection (d)(3), the Secretary shall develop a plan to protect the investment of the United States and the assured access to space, including, consistent with section 2320 of title 10, United States Code, and in accordance with other applicable provisions of law, acquiring the rights, as appropriate, for the purpose of developing alternative sources of supply and manufacture in the event such alternative sources are necessary and in the best interest of the United States, such as in the event that a company goes out of business or the system is otherwise unavailable after the Federal Government has invested significant resources to use and rely on such system for launch services. Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, the Secretary shall submit to the appropriate congressional committees the plan developed under subparagraph (A). .

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