[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1368 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF POSITION OF UNDER SECRETARY OF DEFENSE FOR
SPACE, INTELLIGENCE, AND INFORMATION.
(a) Authority of Secretary of Defense To Establish Position.--Upon
the direction of the President, the Secretary of Defense may, subject
to subsection (b), establish in the Office of the Secretary of Defense
the position of Under Secretary of Defense for Space, Intelligence, and
Information. If the position is so established, the Under Secretary of
Defense for Space, Intelligence, and Information shall perform duties
and exercise powers as set forth under section 137 of title 10, United
States Code, as amended by subsection (d).
(b) Deadline for Exercise of Authority.--The Secretary may not
exercise the authority in subsection (a) after December 31, 2003.
(c) Notice of Exercise of Authority.--If the authority in
subsection (a) is exercised, the Secretary shall immediately notify
Congress of the establishment of the position of Under Secretary of
Defense for Space, Intelligence, and Information, together with the
date on which the position is established.
(d) Nature of Position.--
(1) In general.--Effective as of the date provided for in
paragraph (7), chapter 4 of title 10, United States Code, is
amended--
(A) by redesignating section 137 as section 139a
and by 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 the following:
``(1) In coordination with the Under Secretary of Defense
for Policy, the establishment of policy on space.
``(2) In coordination with the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the acquisition of
space systems.
``(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.
``(6) The coordination of intelligence activities of the
Department 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 with commercial and civilian space activities.
``(c) 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.
``(d) 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) Additional assistant secretary of defense.--Section
138(a) of that title is amended by striking ``nine Assistant
Secretaries of Defense'' and inserting ``ten Assistant
Secretaries of Defense''.
(3) Duties of assistant secretaries of defense for space,
intelligence, and information.--Section 138(b) of that title is
amended by adding at the end the following new paragraph:
``(7) Two of the Assistant Secretaries shall have as their
principal duties supervision of activities relating to space,
intelligence, and information. The Assistant Secretaries shall each
report to the Under Secretary of Defense for Space, Intelligence, and
Information in the performance of such duties.''.
(4) Conforming amendments.--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.''.
(5) Pay levels.--(A) Section 5314 of title 5, United States
Code, is amended by inserting after ``Under Secretary of
Defense for Personnel and Readiness'' the following:
``Under Secretary of Defense for Space, Intelligence, and
Information.''.
(B) Section 5315 of title 5, United States Code, is amended
in the item relating to Assistant Secretaries of Defense by
striking ``(9)'' and inserting ``(10)''.
(6) Clerical amendments.--The table of sections at the
beginning of chapter 4 of title 10, United States Code, 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.''.
(7) Effective date.--The amendments made by this subsection
shall take effect as of the date specified in the notification
provided by the Secretary of Defense to Congress under
subsection (c) of the exercise of the authority in subsection
(a).
(e) Report.--(1) Not later than 30 days before an exercise of 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.
(2) If the Secretary of Defense has not exercised the authority
granted in subsection (a) on the date that is one year after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives on that date a report describing the actions taken by
the Secretary to address the problems in the management and
organization of the Department of Defense for space activities that are
identified by the Commission To Assess United States National Security
Space Management and Organization in the report of the Commission
submitted under section 1623 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 815).
SEC. 2. RESPONSIBILITY FOR SPACE PROGRAMS.
(a) In General.--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. Responsibility for space programs.
``Sec. 2271. Responsibility for space programs
``(a) Responsibility of Secretary of Air Force as Executive
Agent.--The Secretary of the Air Force shall be the executive agent of
the Department of Defense for functions of the Department designated by
the Secretary of Defense with respect to the following:
``(1) Planning for the acquisition programs, projects, and
activities of the Department that relate to space.
``(2) Efficient execution of the programs, projects, and
activities.
``(b) Responsibility of Under Secretary of Air Force as Acquisition
Executive.--The Under Secretary of the Air Force shall be the
acquisition executive of the Department of the Air Force for the
programs, projects, and activities referred to in subsection (a).
``(c) Responsibility of Under Secretary of Air Force as Director of
NRO.--The Under Secretary of the Air Force shall act as the Director of
the National Reconnaissance Office.
``(d) Coordination of Duties of Under Secretary of Air Force.--In
carrying out duties under subsections (b) and (c), the Under Secretary
of the Air Force shall coordinate the space programs, projects, and
activities of the Department of Defense and the programs, projects, and
activities of the National Reconnaissance Office.
``(e) Space Career Field.--(1) 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 space systems for the
Department of the Air Force.
``(2) The Secretary of the Air Force shall assign to the commander
of Air Force Space Command primary responsibility for--
``(A) establishing and implementing education and training
programs for space programs, projects, and activities of the
Department of the Air Force; and
``(B) management of the space career field under paragraph
(1).
``(f) Joint Program Management.--The Under Secretary of the Air
Force shall take appropriate actions to ensure that, to maximum extent
practicable, Army, Navy, Marine Corps, and Air Force personnel are
assigned, on a joint duty assignment basis, as follows:
``(1) To carry out the space development and acquisition
programs of the Department of Defense; and
``(2) To the Office of the National Security Space
Architect.''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
such subtitle and at 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. 3. 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. 4. ASSESSMENT OF IMPLEMENTATION OF RECOMMENDATIONS OF COMMISSION
TO ASSESS UNITED STATES NATIONAL SECURITY SPACE
MANAGEMENT AND ORGANIZATION.
(a) Comptroller General Assessment.--The Comptroller General shall
carry out an assessment of the progress made by the Department of
Defense in implementing the recommendations of the Commission To Assess
United States National Security Space Management and Organization as
contained in the report of the Commission submitted 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 Committees on Armed
Services of the Senate and 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. 5. GRADE OF 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) Grade.--The officer serving as commander of the Air Force
Space Command shall, while so serving, have the grade of general.
``(b) Limitation on Concurrent Command Assignments.--The officer
serving as commander of the Air Force Space Command may not, while so
serving, serve as commander-in-chief 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. 6. SENSE OF CONGRESS REGARDING GRADE OF OFFICER ASSIGNED AS
COMMANDER OF UNITED STATES SPACE COMMAND.
It is the sense of Congress that the Secretary of Defense should
assign the best qualified officer of the Army, Marine Corps, or Air
Force with the grade of general, or of the Navy with the grade of
admiral, to the position of Commander of the United States Space
Command.
<all>