Sec. 1606. NATIONAL SECURITY SPACE LAUNCH PROGRAM
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## SEC. 1606 NATIONAL SECURITY SPACE LAUNCH PROGRAM **[**[10 U.S.C. 2273](/us/usc/t10/s2273)**]** ###
(a)Launch Services Agreement ####
(1)Limitation on amounts Except as provided by paragraph (2), in carrying out the phase two acquisition strategy, the Secretary of the Air Force may not obligate or expend a total amount for a launch services agreement that is greater than the amount specifically appropriated for the launch services agreement. ####
(2)Use of reprogramming and transfer authority The Secretary may exceed the limitation under paragraph
(1)if the Secretary carries out a reprogramming or transfer for such purpose in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds. ###
(b)Reusability ####
(1)Validation Not later than 18 months after the date on which the Secretary determines the down-selected National Security Space Launch providers, the Secretary shall— #####
(A)complete all non-recurring design validation of previously flown launch hardware for National Security Space Launch providers offering such hardware for use in phase two contracts; and #####
(B)notify the appropriate congressional committees that such design validation has been completed. ####
(2)Report Not later than 210 days after the date on which the Secretary determines the down-selected National Security Space Launch providers, the Secretary shall submit to the appropriate congressional committees a report on the progress of the Secretary with respect to completing all non-recurring design validation of previously flown launch hardware described in paragraph (1), including— #####
(A)a justification for any deviation from the new entrant certification guide; and #####
(B)a description of such progress with respect to National Security Space Launch providers that are not down-selected National Security Space Launch providers, if applicable. ###
(c)Funding and Strategy for Technology Development for Certification, Infrastructure, and Innovation ####
(1)Authority Pursuant to section 2371b of title 10, United States Code, not later than September 30, 2021, the Secretary of the Air Force shall enter into agreements described in paragraph
(3)with potential phase three National Security Space Launch providers— #####
(A)to maintain competition in order to maximize the likelihood of at least three National Security Space Launch providers competing for phase three contracts; and #####
(B)to support innovation for national security launches, including innovative technologies and systems to further advance launch capability associated with the insertion of national security payloads into relevant classes of orbits. ####
(2)Competitive procedures The Secretary shall carry out paragraph
(1)by conducting a full and open competition among all National Security Space Launch providers that plan to submit bids for a phase three contract. ####
(3)Agreements An agreement described in this paragraph is an agreement that could provide value or technical advances to phase three of the National Security Space Launch program and that includes not more than $90,000,000 in fiscal year 2021, subject to the availability of appropriations for such purpose, for the provider to conduct either or both of the following activities: #####
(A)Develop enabling technologies to meet the certification and infrastructure requirements that are— ######
(i)unique to national security space missions; and ######
(ii)support the likely requirements of a phase three contract. #####
(B)Develop transformational technologies in support of the national security space launch capability for phase three contracts (such as technologies regarding launch, maneuver, and transport capabilities for enhanced resiliency and security technologies, technologies to support progress toward phase three national security space launches, or technologies to inform the National Security Launch Architecture study of the Space Force). ####
(4)Technology development investment strategy Not later than March 15, 2021, the Secretary shall submit to the appropriate congressional committees a strategy to support investments in technologies for phase three pursuant to paragraph
(1)that includes— #####
(A)the funding requirements for such strategy during fiscal years 2022 through 2026; #####
(B)a schedule for investments toward phase three; #####
(C)associated milestones; and #####
(D)a planned schedule for awarding phase three contracts. ####
(5)Report Not later than 30 days after the date on which the Secretary enters into an agreement under paragraph (1), the Secretary shall submit to the appropriate congressional committees a report explaining which enabling technologies are funded under such agreement. ###
(d)Briefing Not later than March 15, 2021, and quarterly thereafter through September 30, 2023, the Secretary shall provide to the congressional defense committees a briefing on the progress made by the Secretary in ensuring that full and open competition exists for phase three contracts, including— ####
(1)a description of progress made to establish the requirements for phase three contracts, including such requirements that the Secretary determines cannot be met by the commercial market; ####
(2)whether the Secretary determines that additional development funding will be necessary for such phase; ####
(3)a description of the estimated costs for the development described in subparagraphs
(A)and
(B)of subsection (c)(3); and ####
(4)how the Secretary will— #####
(A)ensure full and open competition for technology development for phase three contracts; and #####
(B)maintain competition. ###
(e)Rule of Construction Nothing in this section may be construed to delay the award of phase two contracts. ###
(f)Definitions In this section: ####
(1)The term “appropriate congressional committees” means— #####
(A)the congressional defense committees; and #####
(B)the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. ####
(2)The term “down-selected National Security Space Launch provider” means a National Security Space Launch provider that the Secretary of the Air Force selected to be awarded phase two contracts. ####
(3)The term “phase three contract” means a contract awarded using competitive procedures for launch services under the National Security Space Launch program after fiscal year 2024. ####
(4)The term “phase two acquisition strategy” means the process by which the Secretary of the Air Force enters into phase two contracts during fiscal year 2020, orders launch missions during fiscal years 2020 through 2024, and carries out such launches under the National Security Space Launch program. ####
(5)The term “phase two contract” means a contract awarded during fiscal year 2020 using competitive procedures for launch missions ordered under the National Security Space Launch program during fiscal years 2020 through 2024.
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Sec. 1606
NATIONAL SECURITY SPACE LAUNCH PROGRAM
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