Sec. 1601. National Security Space Launch program
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It is the sense of Congress that— ensuring opportunities for future competition in the National Security Space Launch program of the Air Force will decrease the overall cost of the program and increase the likelihood of success with respect to the Department of Defense stopping the use of Russian-made RD–180 rocket engines, as required by section 1608 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. 2271 note); and while Congress supports robust competition within the National Security Space Launch program, Congress recognizes the importance of providing a regular launch manifest and incentives for a robust industrial base to support national security requirements.
In carrying out the phase two acquisition strategy, the Secretary of the Air Force— shall ensure, except as provided by subsection (c), that launch services are procured only from National Security Space Launch providers that are offerors using launch vehicles or families of launch vehicles that meet all of the requirements of the Air Force for the delivery of all required payloads to all reference orbits; and may not substantially change the acquisition schedule or mission performance requirements.
If the Secretary of the Air Force awards phase two contracts for more than a total of 29 launches, the Secretary shall ensure that each such contract for any launch after the 29th launch is awarded using competitive procedures among all National Security Space Launch providers. Pursuant to section 2371b of title 10, United States Code, the Secretary of the Air Force shall enter into an agreement described in paragraph
(2)with either National Security Space Launch providers that have not entered into a phase two contract for launch services occurring before fiscal year 2022 or National Security Space Launch providers that have entered into a phase two contract but have not entered into a launch services agreement for such phase, or both. An agreement described in this paragraph is an agreement that provides a National Security Space Launch provider with not more than $500,000,000 for the provider to meet the certification and infrastructure requirements that are— unique to national security space missions; and necessary for a phase two contract, including such contracts described in subsection (c). The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Air Force, shall submit to the appropriate congressional committees written notification of the two National Security Space Launch providers selected during fiscal year 2020 by the Secretary of the Air Force to be awarded phase two contracts not later than 10 days before the Secretary publicly announces such selection. The notification shall include, at a minimum— an identification of the selected providers; the evaluation criteria used in the selection; the total costs to the Air Force for such contracts; and a risk assessment of the selected providers in meeting national security requirements. Not later than 45 days after the date on which the Secretary of the Air Force awards phase two contracts during fiscal year 2020, the Secretary shall submit to the appropriate congressional committees a report on— the total defense investments made with respect to launch service agreements and engine development for each National Security Space Launch provider so awarded such phase two contracts; and how such investments in launch service providers were accounted for in the evaluation of the offers for such phase two contracts. 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 phase two acquisition strategy means the process by which the Secretary of the Air Force enters into phase two contracts and carries out launches under the National Security Space Launch program during fiscal years 2020 through 2024. The term phase two contract means a contract for launch services under the National Security Space Launch program during fiscal years 2020 through 2024, as described in solicitation number FA8811–19–R–0002 of the Air Force.
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