Sec. 1612. SPACE-BASED INFRARED SYSTEM AND ADVANCED EXTREMELY HIGH FREQUENCY PROGRAM

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## SEC. 1612 SPACE-BASED INFRARED SYSTEM AND ADVANCED EXTREMELY HIGH FREQUENCY PROGRAM **[**[10 U.S.C. 2271 note](/us/usc/t10/s2271)**]** ###

(a)Limitation on Development and Acquisition of Alternatives ####

(1)Limitation Except as provided by paragraph (4), the Secretary of Defense may not develop or acquire an alternative to the space-based infrared system program of record or develop or acquire an alternative to the advanced extremely high frequency program of record until the date on which the Commander of the United States Space21 Command and the Director of the Space Security and Defense Program, in consultation with the Defense Intelligence Officer for Science and Technology of the Defense Intelligence Agency, jointly submit to the appropriate congressional committees the assessments described in paragraph

(2)for the respective program. 21Section 1604(e) of Public Law 116-283 amended section 1612(a)(1) by striking “Strategic” and inserting “Space”. However, the instruction incorrectly amended the “National Defense Authorization Act for 2017” instead of the “National Defense Authorization Act for Fiscal Year 2017”. The probable intent of Congress is reflected. ####

(2)Assessment The assessments described in this paragraph are— #####

(A)an assessment of the resilience and mission assurance of each alternative to the space-based infrared system being considered by the Secretary of the Air Force; and #####

(B)an assessment of the resilience and mission assurance of each alternative to the advanced extremely high frequency program being considered by the Secretary of the Air Force. ####

(3)Elements An assessment described in paragraph

(2)shall include, with respect to each alternative to the space-based infrared system program of record and each alternative to the advanced extremely high frequency program of record being considered by the Secretary of the Air Force, the following: #####

(A)The requirements for resilience and mission assurance. #####

(B)The criteria to measure such resilience and mission assurance. #####

(C)How the alternative affects— ######

(i)deterrence and full spectrum warfighting; ######

(ii)warfighter requirements and relative costs to include ground station and user terminals; ######

(iii)the potential order of battle of adversaries; and ######

(iv)the required capabilities of the broader space security and defense enterprise. ####

(4)Exception The limitation in paragraph

(1)shall not apply to efforts to examine and develop technology insertion opportunities for the space-based infrared system program of record or the satellite communications programs of record. ###

(b)Appropriate Congressional Committees Defined In this section, the term “appropriate congressional committees” means the following: ####

(1)With respect to the submission of the assessment described in subparagraph

(A)of subsection (a)(2), the— #####

(A)the congressional defense committees; and #####

(B)the Permanent Select Committee on Intelligence of the House of Representatives. ####

(2)With respect to the submission of the assessment described in subparagraph

(B)of subsection (a)(2), the congressional defense committees.

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