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4821. Preservation of space industrial base
(a) In general
The head of an agency shall, to the maximum extent practicable—(1) ensure that space acquisitions employ procedures that maximize competition;(2) ensure that mission-critical national security space-based systems that deliver tactical data from low Earth orbit within a program and across the Armed Forces shall be procured from an open competition allowing for competition between multiple vendors, and those vendors’ products shall comply with interfaces and standards that maximize resilience and interoperability with Department of Defense systems; and(3) ensure that a contract or other agreement for a mission-critical space-based tactical data delivery system acquired or contracted as-a-service must require the performance, cost, and speed of delivery of the capability to be demonstrably competitive to any existing program currently delivering that capability which it seeks to replace or substitute, and use reasonable best efforts to avoid the as-a-service contract if the agency head believes in good faith that it will result in a major contraction in the space an industrial base available to support the Department of Defense.(b) Implementation
The head of an agency shall, to the maximum extent possible, ensure that acquisition, contracting, and other procurement officials develop guidance—(1) to achieve and act in accordance with the requirements of subsection (a) and with the intent to deliver mission-critical space-based tactical data delivery systems in accordance with government standards and interfaces; and(2) to prevent the major reduction and consolidation of the space industrial base.
(2) The Secretary of Defense shall delegate the authority under paragraph (1) to take actions described in subsection (b)(1) to the commander of a combatant command, the Secretary concerned, or such other official of the Department of Defense as the Secretary of Defense considers appropriate.
(C) would support another Federal agency with authority to mitigate the threat of unmanned aircraft systems or unmanned aircraft in mitigating such threats; or
(g) Exemption from disclosure
Information pertaining to the technology, procedures, and protocols used to carry out this section, including any regulations or guidance issued to carry out this section, shall be exempt from disclosure under section 552(b)(3) of title 5 and any State or local law requiring the disclosure of information.
(i) Applicability of other laws to activities related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft
Sections 32, 1030, and 1367 and chapters 119 and 206 of title 18, and section 46502 of title 49, may not be construed to apply to activities of the Department of Defense or the Coast Guard, whether under this section or any other provision of law, that—(1) are conducted outside the United States; and(2) are related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft.
(3) The term combatant command has the meaning given that term in section 161 of this title.
(x) protection of the buildings, grounds, and property to which the public are not permitted regular, unrestricted access and that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property pursuant to section 2672 of this title;(xi) assistance to Federal, State, or local officials in responding to incidents involving nuclear, radiological, biological, or chemical weapons, high-yield explosives, or related materials or technologies, including pursuant to section 282 of this title or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq);(xii) activities permitted by section 2692(b) of this title; or(xiii) emergency response that is limited to a specified timeframe and location.