I
107TH CONGRESS
1ST SESSION
H. R. 2821
To amend title 10, United States Code, to improve the organization and
management of the Department of Defense with respect to space pro-
grams and activities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Mr. THORNBERRY introduced the following bill; which was 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 De-
fense with respect to space programs and activities, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Defense Space Reorga-
nization Act of 2001’’.
SEC. 2. AUTHORITY TO ESTABLISH POSITION OF UNDER
SECRETARY OF DEFENSE FOR SPACE, INTEL-
LIGENCE, AND INFORMATION.
(a) AUTHORITY TO ESTABLISH POSITION.—The
President may establish in the Department of Defense the
position of Under Secretary of Defense for Space, Intel-
ligence, and Information. If that position is so established,
the Under Secretary of Defense for Space, Intelligence,
and Information shall perform duties and exercise powers
as set forth in section 137 of title 10, United States Code,
as added by subsection (e).
(b) DEADLINE FOR EXERCISE OF AUTHORITY.—The
authority provided in subsection (a) may not be exercised
after December 31, 2003.
(c) NOTICE OF EXERCISE OF AUTHORITY.—(1) If
the authority provided in subsection (a) is exercised, the
President shall immediately submit to Congress notifica-
tion in writing of the establishment of the position of
Under Secretary of Defense for Space, Intelligence, and
Information, together with the date as of which the posi-
tion is established. If the President declines to exercise
the authority provided in subsection (a), the President
shall, before the date specified in subsection (b), submit
to Congress a report on how the President has imple-
mented the recommendations of the report of the Space
Commission with respect to the Department of Defense.
(2) For purposes of paragraph (1), the term ‘‘report
of the Space Commission’’ means the report of the Com-
mission To Assess United States National Security Space
Management and Organization, dated January 11, 2001,
and submitted to Congress under section 1623 of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 815).
(d) CONTINGENT
ENACTMENT
OF
U.S. CODE
AMENDMENTS.—If the position of Under Secretary of De-
fense for Space, Intelligence, and Information is estab-
lished under the authority provided in subsection (a), then
the amendments set forth in subsections (e), (f), and (g)
shall be executed, effective as of the date specified in the
notice submitted under the first sentence of subsection
(c)(1). Otherwise, those amendments shall not be exe-
cuted.
(e) APPOINTMENT, DUTIES, ETC., OF UNDER SEC-
RETARY.—(1) Subject to subsection (d), chapter 4 of title
10, United States Code, is amended—
(A) by redesignating section 137 as section
139a and transferring such section (as so redesig-
nated) within such chapter so as to appear after sec-
tion 139; and
(B) by inserting after section 136 the following
new section 137:
‘‘§ 137. Under Secretary of Defense for Space, Intel-
ligence, and Information
‘‘(a) There is an Under Secretary of Defense for
Space, Intelligence, and Information, appointed from civil-
ian life by the President, by and with the advice and con-
sent of the Senate.
‘‘(b) Subject to the authority, direction, and control
of the Secretary of Defense, the Under Secretary of De-
fense for Space, Intelligence, and Information shall per-
form such duties and exercise such powers relating to the
space, intelligence, and information programs and activi-
ties of the Department of Defense as the Secretary of De-
fense may prescribe. The duties and powers prescribed for
the Under Secretary shall include responsibility for the fol-
lowing:
‘‘(1) In coordination with the Under Secretary
of Defense for Policy, the establishment of Depart-
ment of Defense policy on space.
‘‘(2) In coordination with the Under Secretary
of Defense for Acquisition, Technology, and Logis-
tics, the acquisition of space systems for the Depart-
ment of Defense.
‘‘(3) The deployment and use of space assets.
‘‘(4) The oversight of research, development,
acquisition, launch, and operation of space, intel-
ligence, and information assets.
‘‘(5) The coordination of military intelligence
activities within the Department of Defense.
‘‘(6) The coordination of intelligence activities
of the Department of Defense and the intelligence
community in order to meet the long-term intel-
ligence requirements of the United States.
‘‘(7) The coordination of space activities of the
Department of Defense with commercial and civilian
space activities.
‘‘(c) The Under Secretary of Defense for Space, In-
telligence, and Information shall perform such additional
duties and exercise such powers as the Secretary of De-
fense may prescribe.
‘‘(d) The Secretary of Defense shall designate the
Under Secretary of Defense for Space, Intelligence, and
Information as the Chief Information Officer of the De-
partment of Defense under section 3506(a)(2)(B) of title
44.
‘‘(e) The Under Secretary of Defense for Space, In-
telligence, and Information takes precedence in the De-
partment of Defense after the Under Secretary of Defense
for Personnel and Readiness.’’.
(2) Subject to subsection (d), section 131(b) of that
title is amended—