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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 1645

Sec. 1645. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING SPACE SENSOR PAYLOAD

937 words·~4 min read·/statute-compilations/comps-16736/sec-1645

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## SEC. 1645 DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING SPACE SENSOR PAYLOAD ###
(a)Development The Director of the Missile Defense Agency, in coordination with the Director of the Space Development Agency and the Chief of Space Operations, shall develop and procure a hypersonic and ballistic missile tracking space sensor payload. ###
(b)Primary Responsibility ####
(1)Assignment Not later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall, without delegation— #####
(A)assign the Director of the Missile Defense Agency with the principal responsibility for the development and procurement of a hypersonic and ballistic tracking space sensor payload pursuant to subsection
(a)as a component of a proliferated low-Earth orbit satellite constellation through, at minimum, fiscal year 2022; and #####
(B)submit to the congressional defense committees a certification of such assignment. ####
(2)Plan for integration Not later than May 1, 2021, the Secretary shall submit to the congressional defense committees a plan for integrating the hypersonic and ballistic tracking space sensor payload developed by the Missile Defense Agency pursuant to subsection
(a)into the persistent space-based sensor architecture of the Space Development Agency and the Space Force. The plan shall include, at a minimum, options for— #####
(A)minimizing disruption to the program for such space sensor payload; #####
(B)ensuring sufficient funding for such an integration; #####
(C)maintaining prioritization of unique ballistic and hypersonic defense requirements for such space sensor payload through the transition; #####
(D)ensuring connection of such space sensor payload into the overall missile defense command and control, battle management, and communications system; and #####
(E)addressing any impacts to the development and deployment of such space sensor payload if responsibility for the proliferated low-Earth orbit satellite constellation specified in paragraph (1)(A) is transitioned from the Space Development Agency to the Space Force prior to the constellation achieving full operational capability. ###
(c)Timeline for Testing, Integration, and Deployment The Director, in coordination with the Director of the Space Development Agency and the Chief of Space Operations, shall— ####
(1)begin on-orbit testing of the hypersonic and ballistic tracking space sensor payload developed pursuant to subsection
(a)no later than December 31, 2023; and ####
(2)begin integration of such sensor payload into the persistent space-based sensor architecture of the Space Development Agency and the Space Force pursuant to the plan developed under subsection (b)(2), and shall achieve full operational deployment of such sensor payload, as soon as technically feasible thereafter. ###
(d)Annual Certifications On an annual basis until the date on which the hypersonic and ballistic tracking space sensor payload developed under subsection
(a)achieves full operational capability— ####
(1)the Under Secretary of Defense (Comptroller) and the Director of Cost Assessment and Program Evaluation shall jointly certify to the appropriate congressional committees that the most recent future-years defense program submitted under section 221 of title 10, United States Code, includes estimated expenditures and proposed appropriations in amounts necessary to ensure the development and deployment of such space sensor payload as a component of the persistent space-based sensor architecture of the Space Development Agency and the Space Force; and ####
(2)the Vice Chairman of the Joint Chiefs of Staff, acting through the Joint Requirements Oversight Council, shall certify to the appropriate congressional committees that both the ballistic and hypersonic tracking requirements of, and the timeline to deploy, such space sensor payload have been validated. ###
(e)Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for operation and maintenance, Defense-wide, for the Office of Secretary of Defense for travel of persons assigned to the Office of the Under Secretary of Defense for Research and Engineering, not more than 50 percent may be obligated or expended until— ####
(1)the Secretary of Defense submits the certification under subsection (b)(1)(B); ####
(2)the Under Secretary of Defense (Comptroller) and the Director of Cost Assessment and Program Evaluation jointly submit the first certification under subsection (d)(1); and ####
(3)the Vice Chairman submits the first certification under subsection (d)(2). ###
(f)Waiver of Certain Limitation The Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the chair of the Space Acquisition Council, may waive the limitation in section 1662 of the National Defense Authorization Act for Fiscal Year 2022, with respect to the hypersonic and ballistic missile tracking space sensor program if the Assistant Secretary— ####
(1)determines that such limitation would delay the delivery of an operational hypersonic and ballistic missile tracking space sensor because of technical, cost, or schedule factors; and ####
(2)submits to the congressional defense committees— #####
(A)the technical, schedule, or cost rationale for the waiver; #####
(B)an acquisition strategy for the hypersonic and ballistic missile tracking space sensor program that is signed by both the Director and the Assistant Secretary; and #####
(C)a lead service agreement entered into by the Director and the Chief of Space Operations regarding the operation and sustainment of the hypersonic and ballistic missile tracking space sensor and the integration of the sensor into the architecture of the Space Force. ###
(g)Appropriate Congressional Committees Defined In this section, the term “appropriate congressional committees” means— ####
(1)the congressional defense committees; and ####
(2)the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. ###
(h)Conforming Repeal Section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended by striking subsection (d).
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Sec. 1645
DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING SPACE SENSOR PAYLOAD
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