[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2821 Introduced in House (IH)]







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 programs 
                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 Defense with respect to space programs 
                and activities, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Space Reorganization Act of 
2001''.

SEC. 2. AUTHORITY TO ESTABLISH POSITION OF UNDER SECRETARY OF DEFENSE 
              FOR SPACE, INTELLIGENCE, 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, Intelligence, 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 notification 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 position 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 implemented 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 Commission To Assess United States 
National Security Space Management and Organization, dated January 11, 
2001, and submitted to Congress under section 1623 of the National 
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 Defense for Space, Intelligence, and Information 
is established 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 executed.
    (e) Appointment, Duties, etc., of Under Secretary.--(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 redesignated) within such 
        chapter so as to appear after section 139; and
            (B) by inserting after section 136 the following new 
        section 137:
``Sec. 137. Under Secretary of Defense for Space, Intelligence, and 
              Information
    ``(a) There is an Under Secretary of Defense for Space, 
Intelligence, and Information, appointed from civilian life by the 
President, by and with the advice and consent of the Senate.
    ``(b) Subject to the authority, direction, and control of the 
Secretary of Defense, the Under Secretary of Defense for Space, 
Intelligence, and Information shall perform such duties and exercise 
such powers relating to the space, intelligence, and information 
programs and activities of the Department of Defense as the Secretary 
of Defense may prescribe. The duties and powers prescribed for the 
Under Secretary shall include responsibility for the following:
            ``(1) In coordination with the Under Secretary of Defense 
        for Policy, the establishment of Department of Defense policy 
        on space.
            ``(2) In coordination with the Under Secretary of Defense 
        for Acquisition, Technology, and Logistics, the acquisition of 
        space systems for the Department of Defense.
            ``(3) The deployment and use of space assets.
            ``(4) The oversight of research, development, acquisition, 
        launch, and operation of space, intelligence, 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 intelligence 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, Intelligence, and 
Information shall perform such additional duties and exercise such 
powers as the Secretary of Defense 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 Department of Defense under section 
3506(a)(2)(B) of title 44.
    ``(e) The Under Secretary of Defense for Space, Intelligence, and 
Information takes precedence in the Department 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--
            (A) by redesignating paragraphs (6) through (11) as 
        paragraphs (7) through (12), respectively; and
            (B) by inserting after paragraph (5) the following new 
        paragraph (6):
            ``(6) The Under Secretary of Defense for Space, 
        Intelligence, and Information.''.
    (3) Subject to subsection (d), the table of sections at the 
beginning of chapter 4 of such title is amended--
            (A) by striking the item relating to section 137 and 
        inserting the following new item:

``137. Under Secretary of Defense for Space, Intelligence, and 
                            Information.'';
        and
            (B) by inserting after the item relating to section 139 the 
        following new item:

``139a. Director of Defense Research and Engineering.''.
    (f) Assistant Secretaries of Defense.--Subject to subsection (d), 
section 138 of such title is amended--
            (1) in subsection (a), by striking ``nine'' and inserting 
        ``eleven''; and
            (2) in subsection (b), by inserting after paragraph (2) the 
        following new paragraph:
    ``(3) Not less than three of the Assistant Secretaries shall be 
assigned duties under the authority of the Under Secretary of Defense 
for Space, Intelligence, and Information and shall report to that Under 
Secretary.''.
    (g) Pay Rates.--Subject to subsection (d), subchapter II of chapter 
53 of title 5, United States Code, is amended--
            (1) in section 5314, by inserting after the paragraph 
        relating to the Under Secretary of Defense for Personnel and 
        Readiness the following:
            ``Under Secretary of Defense for Space, Intelligence, and 
        Information.''; and
            (2) in section 5315, by striking ``(9)'' after ``Assistant 
        Secretaries of Defense'' and inserting ``(11)''.
    (h) Report.--Not later than 30 days before exercising the authority 
provided in subsection (a), the President shall submit to Congress a 
report on the proposed organization of the office of the Under 
Secretary of Defense for Space, Intelligence, and Information. If such 
a report has not been submitted as of April 15, 2002, the President 
shall submit to Congress a report, not later than that date, setting 
forth the President's view as of that date of the desirability of 
establishing the position of Under Secretary of Defense for Space, 
Intelligence, and Information in the Department of Defense.

SEC. 3. RESPONSIBILITY OF UNDER SECRETARY OF THE AIR FORCE AS 
              ACQUISITION EXECUTIVE FOR SPACE OF THE DEPARTMENT OF 
              DEFENSE.

    (a) Executive Agent.--Part IV of subtitle A of title 10, United 
States Code, is amended by inserting after chapter 134 the following 
new chapter:

                     ``CHAPTER 135--SPACE PROGRAMS

``Sec.
``2271. Executive agent.
``Sec. 2271. Executive agent
    ``(a) Secretary of the Air Force.--The Secretary of the Air Force 
shall be the executive agent of the Department of Defense--
            ``(1) for the planning of the acquisition programs, 
        projects, and activities of the Department that relate to 
        space; and
            ``(2) for the execution of those programs, projects, and 
        activities.
    ``(b) Acquisition Executive.--The Secretary shall designate the 
Under Secretary of the Air Force as the acquisition executive of the 
Air Force for the programs, projects, and activities referred to in 
subsection (a).''.
    (b) Clerical Amendment.--The tables of chapters at the beginning of 
such subtitle and the beginning of part IV of such subtitle are amended 
by inserting after the item relating to chapter 134 the following new 
item:

``135. Space Programs.......................................    2271''.

SEC. 4. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS.

    (a) Requirement.--The Secretary of Defense shall create a major 
force program category for space programs for purposes of the future-
years defense program under section 221 of title 10, United States 
Code.
    (b) Commencement.--The category created under subsection (a) shall 
be included in each future-years defense program submitted to Congress 
under section 221 of title 10, United States Code, in fiscal years 
after fiscal year 2002.

SEC. 5. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION OF 
              RECOMMENDATIONS OF SPACE COMMISSION.

    (a) Assessment.--(1) The Comptroller General shall carry out an 
assessment through February 15, 2003, of the actions taken by the 
Secretary of Defense in implementing the recommendations in the report 
of the Space Commission that are applicable to the Department of 
Defense.
    (2) For purposes of paragraph (1), the term ``report of the Space 
Commission'' means the report of the Commission To Assess United States 
National Security Space Management and Organization, dated January 11, 
2001, and submitted to Congress under section 1623 of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 
Stat. 815).
    (b) Reports.--Not later than February 15 of each of 2002 and 2003, 
the Comptroller General shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives a report on the assessment carried out under subsection 
(a). Each report shall set forth the results of the assessment as of 
the date of such report.

SEC. 6. COMMANDER OF AIR FORCE SPACE COMMAND.

    (a) In General.--Chapter 845 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 8584. Commander of Air Force Space Command
    ``(a) The officer serving as commander of the Air Force Space 
Command may not serve simultaneously as commander of the United States 
Space Command (or any successor combatant command with responsibility 
for space) or as commander of the United States element of the North 
American Air Defense Command.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``8584. Commander of Air Force Space Command.''.

SEC. 7. REQUIREMENT FOR ESTABLISHMENT OF SEPARATE CAREER FIELD IN THE 
              AIR FORCE FOR SPACE.

    The Secretary of the Air Force, acting through the Under Secretary 
of the Air Force, shall establish and implement policies and procedures 
to develop a cadre of technically competent officers with the 
capability to develop space doctrine, concepts of space operations, and 
management of space systems for the Air Force.
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