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(a) Requirement.—The Secretary of Defense shall acquire and operate space systems to be used primarily for space warfighting and control to meet the requirements specified by one or more combatant commanders in carrying out the responsibilities set forth in section 164 of this title. (b) Role of Commercial Space Systems.—The Secretary may use one or more commercial space systems to augment the space systems acquired and operated under subsection (a) if such commercial space systems are under the direction of a member of the armed forces with responsibility for space warfighting and control operations. (c) National Security Waiver.—(1) The Secretary may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interest of the United States. (2) Not later than 10 days after exercising the waiver authority under paragraph (1), the Secretary shall submit to the congressional defense committees a notification of the use of such authority that includes—(A) a description of the national security interest upon which the exercise of such authority is based; (B) the anticipated vulnerabilities to national security posed by the use of such waiver; (C) identification of which operational commander will provide direction to the commercial space system that is used pursuant to the waiver instead of a system acquired and operated by the Secretary; and (D) the anticipated duration of such waiver. (Added Pub. L. 119–60, div. A, title XVI, § 1603, Dec. 18, 2025, 139 Stat. 1175.)

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