[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Pages S3798-S3799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1662. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense and for military construction, to 
prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XVI, add the following:

     SEC. 1614. COMPREHENSIVE APPROACH TO THE UNITED STATES 
                   OVERHEAD SATELLITE ARCHITECTURE.

       (a) Findings.--Congress makes the following findings:
       (1) The current approach to the overhead satellite 
     architecture of the United States is increasingly 
     unsustainable in the long run

[[Page S3799]]

     due to high and growing costs, long design time, over 
     reliance on large, expensive vehicles that need heavy launch 
     and represent potential single points of failure, an 
     inability to take full advantage of rapid technological 
     innovation in the commercial sector, a lack of commercial-
     like acquisition practices, a lack of competition, inadequate 
     communications paths and ground processing systems, and the 
     vulnerability to anti-satellite attack without an adequate 
     capability to replace and replenish lost or damaged space 
     vehicles.
       (2) The overhead satellite capabilities of the United 
     States are in grave peril due to an over reliance on a big 
     government, centralized planning, and an acquisition model 
     based on a series of 10-year plans.
       (3) In past years, the National Reconnaissance Office was 
     the United States model for excellence in acquisition and 
     program management. This was in no small part due to 
     competition within the National Reconnaissance Office between 
     Program A (the Air Force satellite reconnaissance element), 
     Program B (the Central Intelligence Agency satellite 
     reconnaissance element), and Program C (the Navy 
     reconnaissance element), for the best, most innovative, and 
     most cost-effective satellite and aircraft reconnaissance 
     systems, which were delivered on time and under budget. 
     Programs A, B, and C existed from 1962 to 1992.
       (4) On September 23, 1971, National Security Adviser Henry 
     Kissinger issued a short memo regarding the President's 
     decision to pursue the first electro-optical imaging (EOI) 
     satellite, to be undertaken ``under a realistic funding 
     program, with a view toward achieving an operational 
     capability in 1976.'' It took almost exactly 5 years to 
     design and launch the first KH-11 satellite into orbit on 
     December 19, 1976. The United States needs to get back to 
     this kind of timeline in designing and launching United 
     States overhead reconnaissance satellites.
       (5) The United States cannot afford to wait a decade or 
     more from design to launch of a satellite if the United 
     States is to maintain its technological edge.
       (6) The culture of innovation and competition must be 
     fostered and reinforced in the requirements, planning, 
     design, and research and development processes for the United 
     States entire overhead satellite architecture, to take into 
     account and prioritize--
       (A) the intelligence requirements of United States 
     warfighters and national policymakers;
       (B) the need for resiliency and rapid reconstitution of the 
     architecture in an increasingly contested space environment; 
     and
       (C) the ability to leverage rapid developments and 
     innovation in commercial sector satellite, processing and 
     sensor technology.
       (7) Space is no longer an uncontested environment, as it 
     had been in the past. The United States must be open to 
     innovative solutions such as distributed, disaggregated 
     architectures that could allow for better resiliency against 
     the space threat, and also allow for ready reconstitution, 
     constant replenishment, and frequent technological refresh.
       (8) The current cost-constrained budget environment 
     dictates that the United States can no longer ignore the 
     costs of systems and potentially less expensive alternatives.
       (9) In April 2009, Secretary of Defense Robert Gates said 
     that the United States needed to reform acquisition across 
     the Department of Defense, that the costs of the ``exquisite 
     solution'' were making defense unaffordable, and that ``we 
     needed to shift away from the 99-percent exquisite service-
     centric platforms that are so costly and so complex that they 
     take forever to build and only then in very limited 
     quantities. With the pace of technological and geopolitical 
     change and the range of possible contingencies, we must look 
     more to the 80 percent multi-service solution that can be 
     produced on time, on budget and in significant numbers.''.
       (10) The National Space Policy of the United States of 
     America issued on June 28, 2010, states ``To promote a robust 
     domestic commercial space industry, departments and agencies 
     shall:
       ``Purchase and use commercial space capabilities and 
     services to the maximum practical extent when such 
     capabilities and services are available in the marketplace 
     and meet United States Government requirements;
       ``Modify commercial space capabilities and services to meet 
     government requirements when existing commercial capabilities 
     and services do not fully meet these requirements and the 
     potential modification represents a more cost-effective and 
     timely acquisition approach for the government;
       ``Develop governmental space systems only when it is in the 
     national interest and there is no suitable, cost-effective 
     United States commercial or, as appropriate, foreign 
     commercial service or system that is or will be available;''.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) overhead satellite collection and processing known as 
     commodity overhead satellite collection and processing should 
     be undertaken as much as possible by the commercial sector in 
     order to offload cost and risk from the taxpayer, while 
     national programs should continue their tradition of 
     excellence in innovation to address the truly complex 
     exquisite problem sets and requirements that cannot be 
     addressed by the commercial sector;
       (2) overhead satellite architecture should be designed in 
     such a way that a number of elements common to nearly all 
     spacecraft should be standardized, which would bring costs 
     down, simplify execution and preserve the industrial base; 
     and
       (3) the entire overhead satellite architecture of the 
     United States, including programs funded by the Department of 
     Defense or by an element of the intelligence community, 
     commercial imagery providers, and foreign partner 
     capabilities, should be viewed and treated as an integrated 
     whole, not simply as a series of satellite systems of the 
     Department of Defense, the intelligence community, or private 
     entities;
       (4) the state of the current overhead architecture and 
     planning for the future architecture should receive priority 
     personal attention from the President, the senior national 
     security and scientific advisors to the President, the 
     Director of National Intelligence, the Secretary of Defense, 
     and the Chairman of the Joint Chiefs of Staff to ensure that 
     the architecture--
       (A) meets the needs of the United States in peacetime and 
     in wartime; responsibly stewards the taxpayers' dollars;
       (B) accurately takes into account cost and performance 
     tradeoffs of the architecture;
       (C) meets realistic requirements;
       (D) produces and fosters excellence, innovation, and 
     competition;
       (E) produces innovative satellite systems in under 5 years 
     that are able to leverage common, standardized design 
     elements and commercially available technologies;
       (F) takes advantage of rapid advances in commercial 
     technology, innovation, and commercial-like acquisition 
     practices; and
       (G) fosters competition and a robust industrial base.
       (c) Strategy on the United States Overhead Satellite 
     Architecture.--
       (1) Requirement for strategy.--The Director of National 
     Intelligence, the Secretary of Defense, and the Chairman of 
     the Joint Chiefs of Staff shall develop a strategy, with 
     milestones and benchmarks, to ensure that there is a 
     wholesale review of the entire approach of the United States 
     to overhead satellite architecture, including programs of the 
     Department of Defense that are funded under the Military 
     Intelligence Program, programs of elements of the 
     intelligence community that are funded under the National 
     Intelligence Program, programs carried out by the commercial 
     satellite and imagery sectors, and foreign partner 
     capabilities, to ensure that such architecture comports with 
     the principles of the Sense of Congress in subsection (b).
       (2) Report on strategy.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence, the Secretary of Defense, and the Chairman of 
     the Joint Chiefs of Staff shall report to the Committee on 
     Armed Services and the Select Committee on Intelligence of 
     the Senate and the Committee on Armed Services and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives on the strategy required by paragraph (1).
                                 ______