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Code · BILL · 117th Congress · S. 1605 (EAH) — 117 S1605 EAH: National Defense Authorization Act for Fiscal Year 2022 · Sec. 1607

Sec. 1607. Programs of record of Space Force and commercial capabilities

402 words·~2 min read·/bill/117/s/1605/eah/section-1607

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Section 957(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended by adding at the end the following new paragraph: Prior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Acquisition Executive shall submit to the congressional defense committees a notification of the results of the determination. .
Except as provided by paragraph (2), the Secretary of Defense may not rely solely on the use of commercial satellite services and associated systems to carry out operational requirements, including command and control requirements, targeting requirements, or other requirements that are necessary to execute strategic and tactical operations. The Secretary may rely solely on the use of commercial satellite services and associated systems to carry out an operational requirement described in paragraph
(1)if the Secretary has taken measures to mitigate the vulnerability of any such requirement. Not less frequently than quarterly through fiscal year 2025, the Secretary shall provide to the congressional defense committees a briefing on the use and extent of the reliance of the Department of Defense on commercial satellite services and associated systems to provide capability and additional capacity across the Department. Each briefing under paragraph
(1)shall include the following for the preceding quarter: A summary of commercial data and services used to fulfill requirements of the Department or to augment the systems and capabilities of the Department. An assessment of any reliance on, and the resulting vulnerabilities of, such data and services. An analysis of potential measures to mitigate such vulnerabilities. A description of mitigation measures taken by the Secretary under subsection (b)(2). The Secretary of the Air Force shall seek to enter into an agreement with a federally funded research and development center that is not closely affiliated with the Air Force or the Space Force to conduct a study on— the extent of commercial support of, and integration into, the space operations of the Armed Forces; and measures to ensure that such operations, particularly operations that are mission critical, continue to be carried out in the most effective manner possible during a time of conflict.
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Sec. 1607
Programs of record of Space Force and commercial capabilities
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