[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>