Sec. 1602. National security space launch program
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/bill/117/hr/4350/rh/section-1602·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that— the Department of Defense and the National Reconnaissance Office should, to the extent practicable, use launch services under a phase two contract of the National Security Space Launch program; and for missions that fall outside of the requirements of phase two of the National Security Space Launch program, the Department of Defense and the National Reconnaissance Office should continue to leverage the growing launch provider base of the United States, including those companies that provide smaller and ride-share launch capabilities, to incentivize sustained investment in domestic launch capabilities.
With respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to— use the National Security Space Launch program to the extent practicable to procure launch services that are met under the requirements of phase two; and maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements.
If the Secretary of Defense or the Director of the National Reconnaissance Office determines that a program requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees— a notification of such determination; a certification that the alternative launch procurement approach is in the national security interest of the United States; and an outline of the cost analysis and any other rationale for such determination.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of Space Operations and the Director of the Space Development Agency, and in consultation with the Director of National Intelligence (including with respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional committees a report on the plans of the Secretary to address, with respect to launches that would be procured in addition to or outside of launches under phase two, the emerging launch requirements in the areas of space access, mobility, and logistics that cannot be met by phase two capabilities, as of the date of the report.
The report under paragraph
(1)shall include the following: An examination of the benefits of competing up to two launches per year outside of phase two to accelerate the rapid development and on-orbit deployment of enabling and transformational technologies required to address emerging requirements, including with respect to— delivery of in-space transportation, logistics and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment; proliferated low-Earth orbit constellation deployment; routine access to extended orbits beyond geostationary orbits, including cislunar orbits; greater cislunar awareness capabilities; payload fairings that exceed current launch requirements; increased responsiveness for heavy lift capability; the ability to transfer orbits, including point-to-point orbital transfers; capacity and capability to execute secondary deployments; high-performance upper stages; vertical integration; and other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act; A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to— promote the potential for additional open and sustainable competition for phase three; and re-examine the balance of mission assurance versus risk tolerance to reflect new resilient spacecraft architectures and reduce workload on the Federal Government and industry to perform mission assurance where appropriate. An analysis of how the matters under subparagraphs
(A)and
(B)may help continue to reduce the cost per launch of national security payloads. An examination of the effects to the National Security Space Launch program if contracted launch providers cannot meet all phase two requirements, including with respect to— the effects to national security launch resiliency; and the cost effects of a launch market that lacks full competition. The report under paragraph
(1)shall be submitted in unclassified form, but may include a classified appendix. Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under paragraph (1). 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 three means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024. The term phase two means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024.