II

107TH CONGRESS

1ST SESSION S. 1368

To amend title 10, United States Code, to improve the organization and

management of the Department of Defense with respect to space programs and activities, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 3, 2001

Mr. ALLARD (for himself and Mr. SMITH of New Hampshire) introduced the

following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To amend title 10, United States Code, to improve the

organization and management of the Department of Defense with respect to space programs and activities, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ESTABLISHMENT OF POSITION OF UNDER SEC4 RETARY OF DEFENSE FOR SPACE, INTEL5 LIGENCE, AND INFORMATION.

6 (a) AUTHORITY OF SECRETARY OF DEFENSE TO ES7 TABLISH POSITION.—Upon the direction of the President,

8 the Secretary of Defense may, subject to subsection (b),
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1 establish in the Office of the Secretary of Defense the po2 sition of Under Secretary of Defense for Space, Intel3 ligence, and Information. If the position is so established,

4 the Under Secretary of Defense for Space, Intelligence,

5 and Information shall perform duties and exercise powers

6 as set forth under section 137 of title 10, United States

7 Code, as amended by subsection (d).

8 (b) DEADLINE FOR EXERCISE OF AUTHORITY.—The

9 Secretary may not exercise the authority in subsection (a)

10 after December 31, 2003.

11 (c) NOTICE OF EXERCISE OF AUTHORITY.—If the

12 authority in subsection (a) is exercised, the Secretary shall

13 immediately notify Congress of the establishment of the

14 position of Under Secretary of Defense for Space, Intel15 ligence, and Information, together with the date on which

16 the position is established.

17 (d) NATURE OF POSITION.—

18 (1) IN GENERAL.—Effective as of the date pro19 vided for in paragraph (7), chapter 4 of title 10,

20 United States Code, is amended—

21 (A) by redesignating section 137 as section

22 139a and by transferring such section (as so re23 designated) within such chapter so as to appear

24 after section 139; and
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1 (B) by inserting after section 136 the fol2 lowing new section 137:

3 ‘‘§ 137. Under Secretary of Defense for Space, Intel4 ligence, and Information

5 ‘‘(a) There is an Under Secretary of Defense for

6 Space, Intelligence, and Information, appointed from civil7 ian life by the President, by and with the advice and con8 sent of the Senate.

9 ‘‘(b) Subject to the authority, direction, and control

10 of the Secretary of Defense, the Under Secretary of De11 fense for Space, Intelligence, and Information shall per12 form such duties and exercise such powers relating to the

13 space, intelligence, and information programs and activi14 ties of the Department of Defense as the Secretary of De15 fense may prescribe. The duties and powers prescribed for

16 the Under Secretary shall include the following:

17 ‘‘(1) In coordination with the Under Secretary

18 of Defense for Policy, the establishment of policy on

19 space.

20 ‘‘(2) In coordination with the Under Secretary

21 of Defense for Acquisition, Technology, and Logis22 tics, the acquisition of space systems.

23 ‘‘(3) The deployment and use of space assets.
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1 ‘‘(4) The oversight of research, development,

2 acquisition, launch, and operation of space, intel3 ligence, and information assets.

4 ‘‘(5) The coordination of military intelligence

5 activities within the Department.

6 ‘‘(6) The coordination of intelligence activities

7 of the Department and the intelligence community

8 in order to meet the long-term intelligence require9 ments of the United States.

10 ‘‘(7) The coordination of space activities of the

11 Department with commercial and civilian space ac12 tivities.

13 ‘‘(c) The Secretary of Defense shall designate the

14 Under Secretary of Defense for Space, Intelligence, and

15 Information as the Chief Information Officer of the De16 partment of Defense under section 3506(a)(2)(B) of title

17 44.

18 ‘‘(d) The Under Secretary of Defense for Space, In19 telligence, and Information takes precedence in the De20 partment of Defense after the Under Secretary of Defense

21 for Personnel and Readiness.’’.

22 (2) ADDITIONAL ASSISTANT SECRETARY OF DE23 FENSE.—Section 138(a) of that title is amended by

24 striking ‘‘nine Assistant Secretaries of Defense’’ and

25 inserting ‘‘ten Assistant Secretaries of Defense’’.
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1 (3) DUTIES OF ASSISTANT SECRETARIES OF

2 DEFENSE FOR SPACE, INTELLIGENCE, AND INFOR3 MATION.—Section 138(b) of that title is amended by

4 adding at the end the following new paragraph:

5 ‘‘(7) Two of the Assistant Secretaries shall have as

6 their principal duties supervision of activities relating to

7 space, intelligence, and information. The Assistant Secre8 taries shall each report to the Under Secretary of Defense

9 for Space, Intelligence, and Information in the perform10 ance of such duties.’’.

11 (4) CONFORMING AMENDMENTS.—Section

12 131(b) of that title is amended—

13 (A) by redesignating paragraphs (6)

14 through (11) as paragraphs (7) through (12),

15 respectively; and

16 (B) by inserting after paragraph (5) the

17 following new paragraph (6):

18 ‘‘(6) The Under Secretary of Defense for

19 Space, Intelligence, and Information.’’.

20 (5) PAY LEVELS.—(A) Section 5314 of title 5,

21 United States Code, is amended by inserting after

22 ‘‘Under Secretary of Defense for Personnel and

23 Readiness’’ the following:

24 ‘‘Under Secretary of Defense for Space, Intel25 ligence, and Information.’’.
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1 (B) Section 5315 of title 5, United States Code,

2 is amended in the item relating to Assistant Secre3 taries of Defense by striking ‘‘(9)’’ and inserting

4 ‘‘(10)’’.

5 (6) CLERICAL AMENDMENTS.—The table of sec6 tions at the beginning of chapter 4 of title 10,

7 United States Code, is amended—

8 (A) by striking the item relating to section

9 137 and inserting the following new item:

‘‘137. Under Secretary of Defense for Space, Intelligence, and Information.’’;

and

10 (B) by inserting after the item relating to

11 section 139 the following new item:

‘‘139a. Director of Defense Research and Engineering.’’.

12 (7) EFFECTIVE DATE.—The amendments made

13 by this subsection shall take effect as of the date

14 specified in the notification provided by the Sec15 retary of Defense to Congress under subsection (c)

16 of the exercise of the authority in subsection (a).

17 (e) REPORT.—(1) Not later than 30 days before an

18 exercise of the authority provided in subsection (a), the

19 President shall submit to Congress a report on the pro20 posed organization of the office of the Under Secretary

21 of Defense for Space, Intelligence, and Information.

22 (2) If the Secretary of Defense has not exercised the

23 authority granted in subsection (a) on the date that is one
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1 year after the date of the enactment of this Act, the Sec2 retary shall submit to the Committees on Armed Services

3 of the Senate and the House of Representatives on that

4 date a report describing the actions taken by the Secretary

5 to address the problems in the management and organiza6 tion of the Department of Defense for space activities that

7 are identified by the Commission To Assess United States

8 National Security Space Management and Organization in

9 the report of the Commission submitted under section

10 1623 of the National Defense Authorization Act for Fiscal

11 Year 2000 (Public Law 106–65; 113 Stat. 815).

12 SEC. 2. RESPONSIBILITY FOR SPACE PROGRAMS.

13 (a) IN GENERAL.—Part IV of subtitle A of title 10,

14 United States Code, is amended by inserting after chapter

15 134 the following new chapter:

16 ‘‘CHAPTER 135—SPACE PROGRAMS

‘‘Sec.

‘‘2271. Responsibility for space programs.

17 ‘‘§ 2271. Responsibility for space programs

18 ‘‘(a) RESPONSIBILITY OF SECRETARY OF AIR FORCE

19 AS EXECUTIVE AGENT.—The Secretary of the Air Force

20 shall be the executive agent of the Department of Defense

21 for functions of the Department designated by the Sec22 retary of Defense with respect to the following:
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1 ‘‘(1) Planning for the acquisition programs,

2 projects, and activities of the Department that relate

3 to space.

4 ‘‘(2) Efficient execution of the programs,

5 projects, and activities.

6 ‘‘(b) RESPONSIBILITY OF UNDER SECRETARY OF AIR

7 FORCE AS ACQUISITION EXECUTIVE.—The Under Sec8 retary of the Air Force shall be the acquisition executive

9 of the Department of the Air Force for the programs,

10 projects, and activities referred to in subsection (a).

11 ‘‘(c) RESPONSIBILITY OF UNDER SECRETARY OF AIR

12 FORCE AS DIRECTOR OF NRO.—The Under Secretary of

13 the Air Force shall act as the Director of the National

14 Reconnaissance Office.

15 ‘‘(d) COORDINATION OF DUTIES OF UNDER SEC16 RETARY OF AIR FORCE.—In carrying out duties under

17 subsections (b) and (c), the Under Secretary of the Air

18 Force shall coordinate the space programs, projects, and

19 activities of the Department of Defense and the programs,

20 projects, and activities of the National Reconnaissance Of21 fice.

22 ‘‘(e) SPACE CAREER FIELD.—(1) The Under Sec23 retary of the Air Force shall establish and implement poli24 cies and procedures to develop a cadre of technically com25 petent officers with the capability to develop space doc-
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1 trine, concepts of space operations, and space systems for

2 the Department of the Air Force.

3 ‘‘(2) The Secretary of the Air Force shall assign to

4 the commander of Air Force Space Command primary re5 sponsibility for—

6 ‘‘(A) establishing and implementing education

7 and training programs for space programs, projects,

8 and activities of the Department of the Air Force;

9 and

10 ‘‘(B) management of the space career field

11 under paragraph (1).

12 ‘‘(f) JOINT PROGRAM MANAGEMENT.—The Under

13 Secretary of the Air Force shall take appropriate actions

14 to ensure that, to maximum extent practicable, Army,

15 Navy, Marine Corps, and Air Force personnel are as16 signed, on a joint duty assignment basis, as follows:

17 ‘‘(1) To carry out the space development and

18 acquisition programs of the Department of Defense;

19 and

20 ‘‘(2) To the Office of the National Security

21 Space Architect.’’.

22 (b) CLERICAL AMENDMENT.—The tables of chapters

23 at the beginning of such subtitle and at the beginning of

24 part IV of such subtitle are amended by inserting after

25 the item relating to chapter 134 the following new item:

‘‘135. Space Programs ...................................................................... 2271’’.
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1 SEC. 3. MAJOR FORCE PROGRAM CATEGORY FOR SPACE

2 PROGRAMS.

3 (a) REQUIREMENT.—The Secretary of Defense shall

4 create a major force program category for space programs

5 for purposes of the future-years defense program under

6 section 221 of title 10, United States Code.

7 (b) COMMENCEMENT.—The category created under

8 subsection (a) shall be included in each future-years de9 fense program submitted to Congress under section 221

10 of title 10, United States Code, in fiscal years after fiscal

11 year 2002.

12 SEC. 4. ASSESSMENT OF IMPLEMENTATION OF REC13 OMMENDATIONS OF COMMISSION TO ASSESS

14 UNITED STATES NATIONAL SECURITY SPACE

15 MANAGEMENT AND ORGANIZATION.

16 (a) COMPTROLLER GENERAL ASSESSMENT.—The

17 Comptroller General shall carry out an assessment of the

18 progress made by the Department of Defense in imple19 menting the recommendations of the Commission To As20 sess United States National Security Space Management

21 and Organization as contained in the report of the Com22 mission submitted under section 1623 of the National De23 fense Authorization Act for Fiscal Year 2000 (Public Law

24 106–65; 113 Stat. 815).

25 (b) REPORTS.—Not later than February 15 of each

26 of 2002 and 2003, the Comptroller General shall submit
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1 to the Committees on Armed Services of the Senate and

2 House of Representatives a report on the assessment car3 ried out under subsection (a). Each report shall set forth

4 the results of the assessment as of the date of such report.

5 SEC. 5. GRADE OF COMMANDER OF AIR FORCE SPACE COM6 MAND.

7 (a) IN GENERAL.—Chapter 845 of title 10, United

8 States Code, is amended by adding at the end the fol9 lowing new section:

10 ‘‘§ 8584. Commander of Air Force Space Command

11 ‘‘(a) GRADE.—The officer serving as commander of

12 the Air Force Space Command shall, while so serving,

13 have the grade of general.

14 ‘‘(b) LIMITATION ON CONCURRENT COMMAND AS15 SIGNMENTS.—The officer serving as commander of the

16 Air Force Space Command may not, while so serving,

17 serve as commander-in-chief of the United States Space

18 Command (or any successor combatant command with re19 sponsibility for space) or as commander of the United

20 States element of the North American Air Defense Com21 mand.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of such chapter is amended by adding

24 at the end the following new item:

‘‘8584. Commander of Air Force Space Command.’’.
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1 SEC. 6. SENSE OF CONGRESS REGARDING GRADE OF OFFI2 CER ASSIGNED AS COMMANDER OF UNITED

3 STATES SPACE COMMAND.

4 It is the sense of Congress that the Secretary of De5 fense should assign the best qualified officer of the Army,

6 Marine Corps, or Air Force with the grade of general, or

7 of the Navy with the grade of admiral, to the position of

8 Commander of the United States Space Command.

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