On May 24, 2018, the U.S. House of Representatives passed the 2019 National Defense Authorization Act, sending this bill to the U.S. Senate for consideration.
Sections 1601-1604 of the bill are excerpted as these relate to the formation of a U.S. Space Command, reusable space launch, space situational awareness, and budget assessments. The text of the full bill can be found online.
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TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A—Space Activities – List of Sections
Sec. 1601. Improvements to acquisition system, personnel, and organization of space forces.
Sec. 1602. Rapid, responsive, and reliable space launch.
Sec. 1603. Provision of space situational awareness services and information.
Sec. 1604. Budget assessments for national security space programs.
Sec. 1605. Enhancement of positioning, navigation, and timing capacity.
Sec. 1606. Use of small and medium-size buses for strategic and tactical satellite payloads.
Sec. 1607. Designation of component of Department of Defense responsible for coordination of modernization efforts relating to military-code capable GPS receiver cards.
Sec. 1608. Designation of component of Department of Defense responsible for coordination of hosted payload information.
Sec. 1609. Limitation on availability of funds for Joint Space Operations Center mission system.
Sec. 1610. Evaluation and enhanced security of supply chain for protected satellite communications programs and overhead persistent infrared systems.
Sec. 1611. Report on protected satellite communications.
Sec. 1612. Plan on space warfighting readiness.
Sec. 1613. Study on space-based radio frequency mapping.
Sec. 1614. Plan to provide persistent weather imagery for United States Central Command.
SEC. 1601. IMPROVEMENTS TO ACQUISITION SYSTEM, PERSONNEL, AND ORGANIZATION OF SPACE FORCES.
(a) PLAN FOR ACQUISITION SYSTEM.—
(1) DEVELOPMENT.—The Deputy Secretary of Defense shall develop a plan to establish a separate, alternative acquisition system for defense space acquisitions, including with respect to procuring space vehicles, ground segments relating to such vehicles, and satellite terminals.
(2) REQUIREMENTS PROCESS.—The plan developed under paragraph (1) shall include recommendations of the Deputy Secretary with respect to whether the separate, alternative acquisition system described in the plan should use the Joint Capabilities Integration and Development System process or instead use a new requirements process developed by the Deputy Secretary in a manner that ensures that requirements for a program are synchronized across the space vehicles, ground segments relating to such vehicles, and satellite terminals, of the program.
(3) EXCEPTION.—The plan developed under paragraph (1) shall cover defense space acquisitions except with respect to the National Reconnaissance Office and other elements of the Department of Defense that are elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
(4) SUBMISSION.—Not later than December 31, 2019, the Deputy Secretary shall submit to the congressional defense committees a report containing the plan developed under paragraph (1).
(b) CADRE DEVELOPMENT.—
(1) PLAN.—
(A) DEVELOPMENT.—The Secretary of the Air Force shall develop and implement a plan to increase the number and improve the quality of the space cadre of the Air Force.
(B) MATTERS INCLUDED.—The plan developed under subparagraph (A) shall address the following:
(i) Managing the career progression of members of the Armed Forces and civilian employees of the Department who form the space cadre of the Air Force throughout the military or civilian career of the member or the employee, as the case may be, including with respect to—
(I) defining career professional milestones;
(II) pay and incentive structures;
(III) the management and over-sight of the space cadre;
(IV) training relating to planning and executing warfighting missions and operations in space;
(V) conducting periodic cadre- wide professional assessments to determine how the cadre is developing as a group; and (VI) establishing a centralized method to control personnel assignments and distribution.
(ii) The identification of future space-related career fields that the Secretary determines appropriate, including a space acquisition career field.
(iii) The identification of any overlap that exists among operations and acquisitions career fields to determine opportunities for cross-functional career opportunities.
(C) SUBMISSION.—Not later than March 1, 2019, the Secretary shall submit to the congressional defense committees a report containing the plan developed under subparagraph (A).
(2) NUMBERED AIR FORCE.—
(A) ESTABLISHMENT.—Not later than December 31, 2019, the Secretary of the Air Force shall establish as part of the Air Force a new numbered Air Force that is—
(i) responsible for carrying out space warfighting operations; and
(ii) assigned to the United States Space Command established by section 169 of title 10, United States Code, as added by subsection (c).
(B) EFFECT ON 14TH AIR FORCE.—The establishment of a new numbered Air Force under subparagraph (A) shall not effect the space support mission of the 14th Air Force, including with respect to—
(i) space launches, training, and exercises; and
(ii) being assigned to the Air Force Space Command.
(C) PLAN.—Not later than December 31, 2019, the Secretary shall submit to the congressional defense committees a plan to establish the new numbered Air Force under subparagraph (A).
(c) ESTABLISHMENT OF SUBORDINATE UNIFIED COMMAND.—
(1) IN GENERAL.—Chapter 6 of title 10, United States Code, is amended by adding at the end the following new section:
Ӥ169. Subordinate unified command of the United States Strategic Command
”(a) ESTABLISHMENT.—With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under the United States Strategic Command a subordinate unified command to be known as the United States Space Command (in this section referred to as ‘space command’) for carrying out joint space warfighting operations.
”(b) ASSIGNMENT OF FORCES.—Unless otherwise directed by the Secretary of Defense, all active and reserve space warfighting operational forces of the armed forces shall be assigned to the space command, including the numbered Air Force responsible for carrying out space warfighting operations.
”(c) COMMANDER.—
“(1) The commander of the space command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating the permanent grade of the officer. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The position shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.
”(2) During the three-year period following the date on which the space command is established, the commander of the Air Force Space Command may also serve as the commander of the space command so established. After such period, one individual may not concurrently serve as both such commanders.
”(d) AUTHORITY OF COMMANDER.—
“(1) Subject to the authority, direction, and control of the commander of the United States Strategic Command, the commander of the space command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to joint space warfighting operations.
”(2)
“(A) Subject to the authority, direction, and control of the Deputy Secretary of Defense, the commander of the space command shall be responsible for, and shall have the authority to conduct, the following functions relating to joint space warfighting operations (whether or not relating to the space command):
”(i) Developing strategy, doctrine, and tactics.
”(ii) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for space operations forces and for other forces assigned to the space command.
”(iii) Exercising authority, direction, and control over the expenditure of funds for forces assigned directly to the space command.
”(iv) Training and certification of assigned joint forces.
”(v) Conducting specialized courses of instruction for commissioned and noncommissioned officers.
”(vi) Validating requirements.
”(vii) Establishing priorities for requirements.
”(viii) Ensuring the interoperability of equipment and forces.
”(ix) Formulating and submitting requirements for intelligence support.
”(x) Monitoring the promotion of space operation forces and coordinating with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of space operation forces.
”(B) The authority, direction, and control exercised by the Deputy Secretary of Defense for purposes of this paragraph is authority, direction, and control with respect to the administration and support of the space command, including readiness and organization of space operations forces, space operations-peculiar equipment and resources, and civilian personnel.
”(C) Nothing in this paragraph shall be construed as providing the Deputy Secretary of Defense authority, direction, and control of operational matters that are subject to the operational chain of command of the combatant commands or the exercise of authority, direction, and control of personnel, resources, equipment, and other matters that are not space-operations peculiar and that are in the purview of the armed forces.
”(3) The commander of the space command shall be responsible for—
”(A) ensuring the combat readiness of forces assigned to the space command; and
”(B) monitoring the preparedness to carry out assigned missions of space forces assigned to unified combatant commands other than the United States Strategic Command.
”(4) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the space command and such other inspector general functions as may be assigned.
”(e) INTELLIGENCE AND SPECIAL ACTIVITIES.—This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 167b the
following new item: ”169. Subordinate unified command of the United States Strategic Command”.
SEC. 1602. RAPID, RESPONSIVE, AND RELIABLE SPACE LAUNCH.
(a) ASSURED ACCESS TO SPACE.—Section 2273 of title 10, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ”; and”;
(B) in paragraph (2), by striking the period at the end and inserting ”; and”; and
(C) by adding at the end the following new paragraph:
”(3) the availability of rapid, responsive, and reliable space launches for national security space programs to—
”(A) improve the responsiveness and flexibility of a national security space system;
”(B) lower the costs of launching a national security space system; and
”(C) maintain risks of mission success at acceptably low levels.”; and (2) in subsection (c), by inserting before the period at the end the following: ”and the Director of National Intelligence”.
(b) REUSABILITY OF LAUNCH VEHICLES.—
(1) DESIGNATION.—Effective March 1, 2019, the Evolved Expendable Launch Vehicle program of the Department of Defense shall be known as the ”National Security Space Launch program”. Any reference in Federal law, regulations, guidance, instructions, or other documents of the Federal Government to the Evolved Expendable Launch Vehicle program shall be deemed to be a reference to the National Security Space Launch program.
(2) REQUIREMENT.—In carrying out the National Security Space Launch program, the Secretary of Defense shall provide for consideration of both reusable and expendable launch vehicles with respect to any solicitation occurring on or after March 1, 2019, for which the use of a reusable launch vehicle is technically capable and maintains risk at acceptable levels.
(3) NOTIFICATION OF SOLICITATIONS FOR NON- REUSABLE LAUNCH VEHICLES.—Beginning March 1, 2019, if the Secretary proposes to issue a solicitation for a contract for space launch services for which the use of reusable launch vehicles is not eligible for the award of the contract, the Secretary shall notify in writing the appropriate congressional committees of such proposed solicitation, including justifications for such ineligibility, by not later than 60 days before issuing such solicitation.
(c) RISK AND COST IMPACT ANALYSIS.—
(1) IN GENERAL.—The Secretary shall conduct a risk and cost impact analysis with respect to launch services that use reusable launch vehicles. Such analysis shall include—
(A) an assessment of how the inspection and certification regime of the Air Force for previously flown launch vehicles will ensure increased responsiveness and operational flexibility while maintaining acceptably low risk; and
(B) an assessment of the anticipated cost savings to the Department of Defense realized by using a previously flown launch vehicle or components.
(2) SUBMISSION.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the analysis conducted under paragraph (1).
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ”appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
SEC. 1603. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND INFORMATION.
(a) ROLE OF DEPARTMENT OF DEFENSE.—Section 2274(a) of title 10, United States Code, is amended—
(1) by striking ”The Secretary of Defense may” and inserting ”(1) Except as provided by paragraph (2), the Secretary of Defense may”; and
(2) by adding at the end the following new paragraph: ”(2) Beginning January 1, 2024, the Secretary may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities under paragraph (1) only to the extent that the Secretary determines such actions are necessary to meet the national security interests of the United States.”.
(b) INDEPENDENT ASSESSMENT.—
(1) FFRDC.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center for which the Department of Defense is a sponsor to assess which single or combination of departments or agencies of the Federal Government, if any, should assume the authorities of the Secretary of Defense under paragraph (1) of section 2274(a) of title 10, United States Code, that the Secretary will no longer carry out beginning on January 1, 2024, pursuant to paragraph (2) of such section, as added by subsection (a) of this section.
(2) CONSIDERATIONS.—The assessment under paragraph (1) shall consider the following:
(A) The existing staff, budgetary resources, and institutional expertise of the departments and agencies of the Federal Government evaluated by the assessment.
(B) The demonstrated ability of such departments and agencies to work collaboratively with industry in developing best practices or consensus standards.
(C) The capacity of such departments and agencies to facilitate communication between space object operators to avoid a collision.
(D) The ability of such departments and agencies to use other transaction agreements or similar transaction mechanisms.
(E) Existing non-profit organizations through which such departments and agencies may oversee the private provision of space situational awareness services and information.
(3) SUBMISSION.—
(A) DOD.—Not later than 180 days after the date on which the Secretary and a federally funded research and development center enter into the contract under paragraph (1), the center shall submit to the Secretary a report on the assessment conducted under such paragraph.
(B) CONGRESS.—Not later than 10 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall submit to the appropriate congressional committees such report, without change.
(c) PLAN.—
(1) DEVELOPMENT.—The Secretary of Defense, in coordination with the heads of other departments or agencies of the Federal Government determined appropriate by the Secretary, shall develop a plan to ensure that one or more departments or agencies of the Federal Government other than the Department of Defense may provide space situational awareness services and information to non-United States Government entities.
(2) CONSIDERATION.—In developing the plan
under paragraph (1), the Secretary shall take into consideration the assessment conducted under subsection (b)(1).
(3) SUBMISSION.—Not later than 180 days after the date on which the Secretary submits the report under subsection (b)(3), the Secretary shall submit to the appropriate congressional committees the plan developed under paragraph (1).
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ”appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(3) The Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
SEC. 1604. BUDGET ASSESSMENTS FOR NATIONAL SECURITY SPACE PROGRAMS.
Section 239(b)(1) of title 10, United States Code, is amended to read as follows:
”(1) Not later than 30 days after the date on which the President submits to Congress the budget for each of fiscal years 2017 through 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the budget for national security space programs of the Department of Defense. The Secretary may include the report in the defense budget materials if the Secretary submits such materials to Congress by such date.”.