Exploiting Commercial Space

Dear Chairman Reed, Chairman Rogers, Ranking Member Wicker, and Ranking Member Smith:

To remain a lean service and garner the capabilities needed to maintain our nation’s advantage in space, the Space Force needs to buy available commercial services, integrate those capabilities into organic Space Force capabilities, and deliver those forces to Combatant Commands. Therefore, the Air & Space Forces Association (“AFA”) strongly supports the following provisions included in the respective marks of the Senate Armed Services Committee (“SASC”) and House Armed Services Committee’s (“HASC”) FY’25 National Defense Authorization bill (“NDAA”) which will greatly facilitate the exploitation of commercial space to meet military requirements.

H.R. 8070

• Sec.1602–Establishment of the Commercial Augmentation Space Reserve. “The Secretary of Defense may establish and carry out a program to be known as the ‘Commercial Augmentation Space Reserve’ program. Under the program, the Secretary may include in a contract for the procurement of space products or services to the Department of Defense on an as-needed basis under circumstances determined by the Secretary.”
• Sec.1605–Annual Briefing on Commercial Space Strategy of the Space Force. It is the sense of Congress (1) the Space Force should continue to pursue partnerships with the commercial space industry… to create a true hybrid architecture that provides increased capabilities and resilience; (2) in assessing the potential use of commercial solutions to support space domain awareness the Chief of Space Operations should consider….” (3) in developing and fulling requirements relating to space access mobility and logistics the Chief of Space operations should consider….”
• Sec.1606–Pilot Program to Demonstrate Hybrid Space Architecture. “It is the sense of Congress efforts that leverage commercial space systems, space systems of the United States Government, and Government space systems of allies and partners of the United States, enhance resiliency and capabilities for data and communications paths for global national security and allied operations… is essential.”
  
  “Beginning in fiscal year 2025, the Commander of the Space Systems Command of the Space Force shall carry out a pilot program to demonstrate a hybrid space architecture… [which will include] at least one military satellite communications system, such as the Wideband Global Satcom system or the Micro Geostationary Earth Orbit system.”
  
  “…[H]ybrid space architecture means network of integrated United States Government, allied Government and commercially owned and operated capabilities both for on-orbit constellations and ground systems.”

S.4638

• Sec.1506–Commercial Augmentation Space Reserve Program. Similar to Sec. 1602 of the HASC version of the NDAA, this provision states the Secretary of Defense “may establish a program to integrate and augment the space-based capability of the Department of Defense through the use of space products or services from the Commercial Augmentation Space Reserve….” In addition, the text would, direct DoD to enter into an agreement with a federally funded research and development center to conduct a study on (1) The availability and adequacy of commercial insurance to protect the financial interests of contractors providing space support services to DoD; (2) The adequacy of existing legal authorities for U.S. government protection of such interests if commercial insurance is not available, or not available on reasonable terms, and; (3) Potential options for U.S. government-provided insurance.

In conclusion, AFA respectfully requests the inclusion of these provisions in the final version of the NDAA, in order to permit the Department of Defense to expedite the use of commercial resources to meet the requirements of our servicemembers.

Thank you for your attention to this matter.

Sincerely,