Sec. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM
1,143 words·~5 min read·
/statute-compilations/comps-16861/sec-1601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1601 NATIONAL SECURITY SPACE LAUNCH PROGRAM ###
(a)Disclosure of National Security Space Launch Program Contract Pricing Terms ####
(1)In general Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section 2277: > > ## “SEC. 2277 Disclosure of National Security Space Launch program contract pricing terms > > **[**[10 U.S.C. 2277](/us/usc/t10/s2277)**]** > > > ### “(a) In General > > With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). > > > ### “(b) Competitively Sensitive Trade Secret Data > > The congressional defense committees and the congressional intelligence committees shall— > > > #### “(1) > > treat a description of pricing terms submitted under subsection
(a)as competitively sensitive trade secret data; and > > > #### “(2) > > use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. > > > ### “(c) Rule of Construction > > For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection
(a)shall be construed as a disclosure authorized by law.” > . ####
(2)Conforming amendment **[**[10 U.S.C. 2271](/us/usc/t10/s2271)**]** The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2276 the following new item:" “2277. Disclosure of National Security Space Launch program contract pricing terms.” ". ###
(b)Policy **[**[10 U.S.C. 2276 note](/us/usc/t10/s2276)**]** 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, 2029, it shall be the policy of the Department of Defense and the National Reconnaissance Office to— ####
(1)use the National Security Space Launch program to the extent practical to procure launch services only from launch service providers that can meet Federal requirements with respect to delivering required payloads to reference orbits covered under the requirements of phase two; and ####
(2)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. ###
(c)Notification 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 the National Security Space Launch program 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— ####
(1)a notification of such determination; ####
(2)a certification that the alternative launch procurement approach is in the national security interest of the United States; and ####
(3)an outline of the cost analysis and any other rationale for such determination. ###
(d)Report ####
(1)Requirement 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 emerging launch requirements in the areas of space access, mobility, and logistics that will not be met by phase two capabilities. ####
(2)Elements The report under paragraph
(1)shall include the following: #####
(A)An examination of potential benefits of competing one or more launches that are outside of phase two capabilities, focused on accelerating the rapid development and on-orbit deployment of enabling and transformational technologies required to address any emerging requirements, including with respect to— ######
(i)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; ######
(ii)routine access to extended orbits beyond geostationary orbits, including cislunar orbits; ######
(iii)greater cislunar awareness capabilities; ######
(iv)vertical integration and standardized payload mating; ######
(v)increased responsiveness for heavy lift capability; ######
(vi)the ability to transfer orbits, including point-to-point orbital transfers; ######
(vii)capacity and capability to execute secondary deployments; ######
(viii)high-performance upper stages; and ######
(ix)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. #####
(B)A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to— ######
(i)promote the potential for additional open and sustainable competition for phase three; and ######
(ii)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. #####
(C)An analysis of how the matters under subparagraphs
(A)and
(B)may help continue to reduce the cost per launch of national security payloads. #####
(D)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— ######
(i)the effects to national security launch resiliency; and ######
(ii)the cost effects of a launch market that lacks full competition. ####
(3)Form The report under paragraph
(1)shall be submitted in unclassified form, but may include a classified appendix. ####
(4)Briefing 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). ###
(e)Definitions **[**[10 U.S.C. 2276 note](/us/usc/t10/s2276)**]** 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 “phase three” means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024. ####
(3)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.
Connectionstraces to 4
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources