
United States Space Management and
Organization: Evaluating Organizational
Options
Keith Kruse
Charles B. Cushman, Jr.
Darcy M.E. Noricks
DFI International
And
Craig Baker
Space Commission Staff Member
Prepared for the Commission to Assess United States National Security Space Management and Organization
The information presented in this paper is based on research done by the authors. Although it was prepared for the Commission in conjunction with its deliberations, the opinions expressed in this paper are those of the author alone and do not represent those of the Commission or any of the Commissioners.
I. Introduction
A. Organizational Management Functions
B. Methodology
C. Assumptions
D. CriteriaIII. Baseline
1. Executive Office of the President
2. Interagency/Inter-sector Cooperation (DoD-Civil)
3. Interagency/Inter-sector Cooperation (DoD-Commercial)
4. Interagency/Inter-sector Cooperation (DoD-IC)
5. CongressB. Implementation Guidance, Policy and Oversight
1. Intelligence Community
2. Office of the Secretary of Defense
3. Joint Chiefs of Staff
4. Military Services
5. Programming and Budgeting1. Intelligence Community
2. OSD
3. Joint Chiefs of Staff
4. CINCs/ServicesD. Research, Development and Acquisition
1. Intelligence Community
2. Office of the Secretary of Defense
3. Military Services
4. CINCsE. Operations, Use, Training and Education
1. Intelligence Community
2. CINCs
3. Military Services
4. Training and EducationIV. Desired Outcomes and the Limitations of the Baseline
A. High-Level Guidance
B. Implementing Guidance, Policy and Oversight
C. Requirements Determination
D. Research, Development and Acquisition
E. Operations, Use, Training and EducationV. Options for Space Management and Organization
A. Congressionally Mandated Options
1. An Independent Military Department and Service
2. A Space Corps within the Air Force
3. An Assistant Secretary of Defense for Space
4. A Space Major Force Program1. Centralized Space Management and Operations Option
2. Under Secretary of Defense for Space, Information and Intelligence Option
3. Improved DoD/IC Cooperation Option
4. "Nuclear Navy" Option
5. Air Force's Recommended Changes1. Transition/Executive Agent Option
2. National Security Space Organization Option
3. Joint OptionVI. Summary of Organizational Options
A. High-Level Guidance
B. Implementing Guidance, Policy and Oversight1. OSD-DCI cooperation options
2. Policy guidance options
3. Budget-Programming guidance optionsC. Requirements Determination
D. Research, Development & Acquisition
E. Operations, Use, Training and Education
This document is not intended to be exhaustive, although it is intended to be sufficiently comprehensive to support those topics the Commissioners discussed during the course of their deliberations. In several cases, this paper touches on topics but does not completely detail those topics. This occurs where the Commissioners did not delve too deeply into issues not considered vital to the execution of their charge. Readers desiring more information on specific units or agencies not covered here should contact those agencies directly. The information is only as accurate and as current as could be obtained from published sources describing some of the organizations, since the authors did not specifically contact every organization addressed herein to verify the accuracy and currency of the information presented. The materials collected and the analyses provided to the Commissioners are reflected in the background paper that follows.
I. Introduction
Since the initiation of the Root reforms in the War Department in 1903, the defense establishment of the United States has confronted several key turning points when American leaders discovered that defense organization, technology and doctrine were not aligned optimally. At the end of both World War I and World War II, Congress engaged in a series of major discussions aimed at producing legislation that would reorganize the military in a way that more completely meshed technological advances (such as the airplane, the tank, aircraft carriers, and radio communications), improvements in doctrine, and military organization. Specifically, the history of the nearly half-century long evolution of the military's organization to use aircraft from the Wright brothers' first flight in 1903, and the establishment of an independent Air Force in 1947 is a case in point, full of military debates on the use of aircraft and legislative battles to build an effective defense organization. The history of these legislative efforts offers some insight into the organizational options facing the United States today as it confronts the challenges of managing the national security space mission. In particular, the history of military reorganization over the past century indicates both the gradual pace of change and the importance of congressional involvement in advancing defense reorganizations.(1)
The evolution of the Army Air Corps into the United States Air Force presents interesting parallels to the evolution of military space. Following the successes of American aviators in the First World War, military leaders and legislators in Congress began to discuss the appropriate organization for the future of U.S. military aviation. Army aviators, led by the fiery advocate for aviation's independence, Brigadier General William "Billy" Mitchell, argued for the creation of a new, independent Air Force, but the Army's senior leaders convinced Congress that such a move was premature. Instead, Congress reorganized the Army, moving the aviators out of the Signal Corps and into the Air Corps, designated a separate branch of the Army in 1926, equivalent to the other combat branches (infantry, cavalry, and artillery). In these years, Air Corps leaders developed a detailed doctrine for the use of aircraft for close air support, pursuit of enemy aircraft, and bombardment. In 1936, the Army established General HQ, Army Air Forces (GHQ, AAF), to provide field command of air units, and later designated the Chief of the Air Corps as Commander, GHQ, AAF in order to centralize command of Army air assets.
Further evolution of the air arm occurred in World War II. The Chief of the Air Corps was designated the Deputy Chief of Staff for Air, and in 1942, a wartime reorganization made the AAF an independent headquarters within the Army, parallel to the Army Ground Forces and Services of Supply, which provided common items and basic logistics, supply and support services to the field units. The AAF managed their own research and development (R&D) and procurement programs for aircraft, weapons, and aircraft-specific support equipment, with their budget under the final decision authority of the Secretary of War, who submitted the entire Army budget to the Congress.(2) Throughout this period, the AAF operated largely as an independent organization, with its own chain of command and acquisition infrastructure, but the Air Forces personnel were still members of the Army. The head of the AAF, General Henry "Hap" Arnold, also served as a member of the Joint Chiefs of Staff (JCS), which was established as an ad hoc organization to coordinate the U.S. war effort, and also included Army Chief of Staff General George Marshall, and Chief of Naval Operations Admiral Ernest King. The JCS then, unlike today, had no statutory authority to make decisions or advise the President. The Secretaries of War and Navy made decisions and advised the President, and a civilian war resources board managed the industrial war effort.
Following the war, Congress engaged in a series of debates and hearings on the subject of future joint operations, resulting in the passage of the National Security Act of 1947. This act established the Department of Defense and made the U.S. Air Force a separate Service. Following twenty years of debate on whether to establish an independent air service, the experiences of World War II and the demonstrated performance of the Army Air Forces made it clear that aviation technology and U.S. operational doctrine had advanced to the point that an independent organization made sense.
The launch of the Russian satellite Sputnik in 1957 presaged the development of military operations in a new medium, space, much like the Wright brothers flight at Kitty Hawk, North Carolina had done for the medium of air in 1903. Just as aircraft were designed to enable long-range communications and long-range reconnaissance, soon after Sputnik manned and unmanned spacecraft improved military communications and reconnaissance capabilities. Military doctrine, strategy and organizations devoted to space evolved in both the United States(3) and the Soviet Union.(4) As the Congressionally mandated Commission to Assess United States National Security Space Management and Organization began meeting in the summer of 2000, Russia was reorganizing their military space establishment by creating a Russian Space Force.(5)
The management of the U.S. national security space mission is under scrutiny today in order to decide whether it is time for the initiation of a similar evolution on the part of U.S. space capabilities into some form of independent military organization. Congress established The Commission to Assess U.S. National Security Space Management and Organization in order to study potential improvements in U. S. national security space management and organization. This paper supports the Commission's efforts with respect to Section 1622. (a), subparagraph (5). Specifically, the Commission was asked to assess
"the potential costs and benefits of establishing any of the following:
An independent military department and service dedicated to the national security space mission;
A corps within the Air Force dedicated to the national security space mission;
A position of Assistant Secretary of Defense for Space within the Office of the Secretary of Defense;
A new major force program, or other budget mechanism, for managing national security space funding within the Department of Defense; and
Any other changes to the existing organizational structure of the Department of Defense for national security space management and organization."(6)
In order to assess alternative recommendations for organization and management reforms, the Commission agreed upon a process to evaluate each of the prescribed organizational models, as well as others that were offered to the Commission, or that the Commission developed over the course of the study. This paper outlines the evaluation process, the current state of national security space management (the baseline), and options for recommended changes to space management and organization that were considered by the Commission.
Chapter 2 details the method used for assessing the baseline, to include the management functions studied, the evaluative methodology, assumptions underlying the baseline and the organizational models considered by the Commission, and criteria for assessing each organizational option. Chapter 3 examines the baseline organizations involved in national security space in detail. This chapter reports the duties of each of the offices, agencies, and officials who have some role in the management of national security space. This paper draws the material in Chapter 3 primarily from information sources of the agencies themselves--their mission statements, directives, regulations, or other official documents that state their role in national security space.
Chapter 4 discusses the desired outcomes for any potential reorganization of the management of national security space; this section also reports the limitations of the baseline. Chapter 5 briefly outlines the range of organizational options considered by the Commission as possible changes to the current space management baseline. The Commission's recommendations do not embrace a single option as the "right answer" to the challenges facing national security space management; the Commissioners focused on those elements within each of the options that seemed most likely to improve space management, and developed a set of recommendations that combined the best features of the options into a single set of recommended changes. Chapter 6 summarizes the analysis of the individual options examined by the Commission.
II. Construct for Evaluation
The Commission developed a means to assess systematically each of the organizational alternatives during the course of their review. The organizational options considered include those specified in the legislation that established the Commission, other models suggested by witnesses in their testimony to the Commission, and other options of interest to the Commission.
A. Organizational Management Functions
The Commission identified a set of management functions that highlight how U.S. space policy is developed and implemented, resources allocated to accomplish the space mission, new capabilities developed and procured, and space operations conducted. To accomplish the future national security space mission, organizations, of whatever form, must collectively accomplish the following management functions: High-Level Guidance; Implementation Guidance; Requirements Determination; Research, Development and Acquisition; and Operations, Use, Training, and Education. How a particular administration chooses to organize to accomplish these functions may vary depending upon the needs and circumstances at the time, but the functions span the major activities needed to perform the national security space mission. The Commission used this set of functions to organize and assess the range of organizational alternatives that it reviewed:
High-Level Guidance--This includes Presidential, Executive Office, other government agency, and congressional-level guidance, to include budget appropriations and authorization. Vision, goals, strategy, regulatory and policy functions, and inter-agency policy and planning coordination are performed at this level.
Implementation Guidance, Policy and Oversight--This includes the Secretary of Defense (SecDef), the Director of Central Intelligence (DCI), the JCS, and Service headquarters level directives, regulations, guidance, oversight, interagency coordination, and architectural development. High-Level Guidance is implemented by the SecDef and DCI at this level through the performance of planning, programming and budget functions delegated to specifically designated agents in the Office of the Secretary of Defense (OSD), the Services, in the Community Management Staff (CMS) and throughout the Intelligence Community (IC).
Requirements Determination--This process focuses on melding the demands of meeting tactical and operational needs with those long-term strategic requirements embodied within the objectives and guidance of the leadership. Requirements are developed and coordinated among the beneficiaries or "users" and operators, vetted through a higher-level authority to manage competing requirements, and significantly influence the planning, programming, and budget functions performed by the SecDef and DCI. Regional and functional Commanders-in-Chief (CINCs) can influence requirements by submitting Integrated Priority Lists (IPLs) through the Chairman, JCS.
Research, Development and Acquisition--The acquisition authority is responsive to those identifying validated requirements, executing all activities necessary to develop and procure new space and space-related capabilities. Research, development, and acquisition activities are performed by those organizations that develop and operate space systems, as well as those organizations that are users of space capabilities. Testing, evaluation and experimentation activities are performed by organizations as an element of this function.
Operations, Use, Training, and Education--These activities relate to the organizations that operate and use space systems and their derived products and capabilities. The "organize, train, and equip" responsibilities of the Military Departments and the operational employment authority for the CINCs under the Unified Command Plan (UCP) define this aspect of space management. The conduct of operations, development of relevant strategy, doctrine, training, and tactics, personnel management, and support functions for military operations are included in this functional area. Operators of ground stations, space component organizations and "space cells" resident in the functional commands are examples of space operators and users.
B. Methodology
As a first step in their evaluation, the Commission examined the agencies and processes that govern U.S. national security space systems and operations today. This Baseline of space organization and management serves as the departure point for identifying potential organizational and management challenges that may inhibit the development of capabilities needed to address future U.S. interests in space. Chapter 3 of this background paper provides a comprehensive overview of current organizations and their responsibilities as they pertain to the management of national security space. Chapter 4 examines the problems with the current practice of national security space management--What's broken?--and explores desired outcomes that would guide any contemplated space reorganization. Finally, this paper walks through the range of organizational options available to the U.S. Government for addressing each of the concerns with the baseline arrangements.
C. Assumptions
The Commission examined various organizational approaches in light of certain shared assumptions, particularly regarding the growing importance of space to our nation in the future. This importance of space holds true across a range of likely future conditions, and therefore warrants more robust organizational structures with respect to national security space. The Commission also assumed that within the next quarter century, activities in space will become so prevalent and important to our peace, livelihood and well being that a military space force may be clearly warranted. That said, the Commission assumed that specific organizational implementations should be left to the Administrations responsible for preparing for, and then carrying out, the national security space mission when the time comes.
In constructing the organizational alternatives under consideration, the Commission used similar, existing organizations where appropriate, as a starting point to help define how such an organization or management process might be applied to national security space. From these initial organizational models, the Commission identified potential limitations of analogous organizations as they might pertain to space and explored organizational and procedural refinements of the models to better address the unique nature of space operations.
D. Criteria
To facilitate comparison of organizational options to each other and to the baseline of national security space management, the Commission debated the use of a set of criteria to assess the viability of the organizational alternatives considered. The following quantitative and qualitative measures of effectiveness were developed to reflect the Commission's sense of desired outcomes in each of the functional areas of space management:
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III. Baseline
This section outlines the baseline of organizations and management processes as they pertain to national security space today. The roles and responsibilities of relevant White House, congressional, other government agency, Department of Defense (DoD), and IO organizations in the conduct of policy formulation, implementation, planning and resource allocation, requirements determination, development and procurement, and operation of national security space capabilities (as depicted in Figure 1) are described in the following pages. Baseline organizational descriptions have been arranged according to the management functions each agency performs. The organizational descriptions also identify the applicable laws, directives, and regulations that authorize each agency to perform designated tasks and describe the interaction of each agency with the other entities that contribute to that function.
A. High-Level Guidance
The President of the United States provides the highest level of guidance in the form of written policies. For space, this guidance comes from three types of documents: (1) The National Security Strategy; (2) Presidential Decision Directives (PDD); and (3) Presidential Review Directives. The National Security Council (NSC), Office of Science and Technology Policy (OSTP), and the National Science and Technology Council (NSTC) coordinate the production and content of any of these documents that are space-related. The President's Budget, coordinated through the Office of Management and Budget (OMB), is also a policy document of sorts, as it identifies policy priorities by funding levels.At the Interagency level, high-level guidance involves the coordination of space policy and requirements throughout the government for all four space sectors--commercial, civil, intelligence, and military--including coordination of the regulatory regime, science and technology research, and national security issues. In addition, congressional authorization committees also provide high-level guidance through the recommendation of government operations, and funding for new and existing programs.
1. Executive Office of the President
1.1. National Security Council
The NSC was established by the National Security Act of 1947 to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security. The NSC is the highest Executive Branch entity providing review of, guidance for, and direction to the conduct of all national foreign intelligence and counterintelligence activities. The statutory members of the NSC are the President, the Vice President, the Secretary of State, and the SecDef. The DCI and the Chairman of the Joint Chiefs of Staff (CJCS) participate as advisers.(7)The President ensures that the nation's laws are carried out and enforced, but also sets the strategic course for the nation. The President issues the National Security Strategy through the NSC. The National Security Strategy is the capstone document that directs agencies in the identification of priority policies. The December 1999 National Security Strategy had the following to say about space:
"We are committed to maintaining U.S. leadership in space. Unimpeded access to and use of space is a vital national interest--essential for protecting U.S. national security, promoting our prosperity and ensuring our well-being. Consistent with our international obligations, we will deter threats to our interests in space, counter hostile efforts against U.S. access to and use of space, and maintain the ability to counter space systems and services that could be used for hostile purposes against our military forces, command and control systems, or other critical capabilities. We will maintain our technological superiority in space systems, and sustain a robust U.S. space industry and a strong, forward-looking research base. We also will continue efforts to prevent the spread of weapons of mass destruction to space, and will continue to pursue global partnerships addressing space-related scientific, economic, environmental and security issues."(8)
In addition, the NSC helps the President produce Presidential Decision Directives (PDDs) on space, including PDD8/NSC49, National Space Policy. These directives spell out the national-level goals, priorities, and direction for US space activities, and generally recommend actions by the Interagency on various aspects of space policy, from the most general, to the most specific: space transportation, remote sensing, Landsat, and the National Polar-Orbiting Operational Environmental Satellite System (NPOESS), for example.(9)
1.1.1. Senior Director, Defense Policy and Arms Control. Within the NSC, space issues are addressed by the Director for Space who reports to the Senior Director for Defense Policy and Arms Control.(10)
1.2. National Science and Technology Council
According to PDD-49, the NSTC is the principal forum for resolving issues related to national space policy.(11) Established by President Clinton in 1993, this Cabinet-level Council is the primary means for the President to coordinate science, space, and technology, and to coordinate the diverse parts of the Federal research and development enterprise. All executive departments and agencies are required to coordinate science and technology policy through the Council and share information on R&D budget requests with the Council. The Council also develops recommendations on R&D budgets that reflect national goals and submits them to the Director of OMB.(12) The Council's R&D strategies are coordinated across Federal agencies to form an investment package aimed at accomplishing multiple national goals. Located in the OSTP, the President chairs the NSTC. Membership consists of the Vice President, Assistant to the President for Science and Technology, Cabinet Secretaries and Agency Heads with significant science and technology responsibilities, and other White House officials.(13) The NSTC also prepares space-related PDDs, and Presidential Review Directives (PRDs), the mechanism used by the Clinton Administration to direct that departments and agencies undertake specific reviews and analyses.1.2.1. Office of Science and Technology Policy. OSTP provides the staff for the National Science and Technology Council. The Technology Division of OSTP helps to develop and implement Federal policies for harnessing technology to serve national goals such as global economic competitiveness, environmental quality, and national security. The Division's priorities include the U.S. space and aeronautics program, including the space station. The goal of the National Security and International Affairs (NSIA) Division is to strategically promote the contribution of science and technology to national security, global stability, and economic prosperity. Priorities in the commerce-security nexus include international technology transfer, export controls, information security, and dual-use technology policies. In addition, OSTP, in coordination with the NSC staff, examines the interagency approval process for international cooperation involving space nuclear power systems, including measures to address possible commercial use of space nuclear systems. Such requests for approval take into account public safety, economic considerations, international treaty obligations, and U.S. national security and foreign policy interests.(14) At their request, the OSTP also serves as an advisor to the NSC on science and technology as it relates to national security.(15)
1.3. Office of Management and Budget
OMB's predominant mission is to assist the President in overseeing the preparation of the Federal budget and to supervise its administration in Executive Branch agencies. In helping to formulate the President's spending plans, OMB evaluates the effectiveness of agency programs, policies, and procedures, assesses competing funding demands among agencies, and sets funding priorities.(16)1.4. President's Foreign Intelligence Advisory Board (PFIAB)
The PFIAB provides advice to the President concerning the quality and adequacy of intelligence collection, of analysis and estimates, of counterintelligence, and of other intelligence activities. The PFIAB, through its Intelligence Oversight Board, also advises the President on the legality of foreign intelligence activities. The PFIAB currently has eleven members selected from among distinguished citizens outside the government who are qualified on the basis of achievement, experience and independence.(17)2. Interagency/Inter-sector Cooperation (DoD-Civil)
2.1. National Aeronautics and Space Administration
According to PDD-49, NASA is the lead agency for research and development in civil space activities. This document further directs NASA, in coordination with other departments and agencies as appropriate, to focus its research and development efforts in: space science to enhance knowledge of the solar system, the universe, and fundamental natural and physical sciences; Earth observation to better understand global change and the effect of natural and human influences on the environment; human space flight to conduct scientific, commercial, and exploration activities; and space technologies and applications to develop new technologies in support of U.S. Government needs and our economic competitiveness.(18)NASA is a Federal research and engineering agency that accomplishes most of its space, aeronautics, science, and technology programs through nine Field Centers and the Jet Propulsion Laboratory, which is a Federally Funded Research and Development Center. NASA is responsible for exercising control over aeronautical and space activities sponsored by the United States and is the lead agency for R&D in civil space activities. To avoid unnecessary duplication of effort, facilities, and equipment, NASA collaborates with the DoD on a variety of space launch and operations activities and in developing future human exploration and development of space capabilities. The 1994 National Space Transportation Policy (NSTP) policy directed NASA to pursue technology development and demonstration efforts (to support a decision by the year 2000) on whether to continue to rely on the Space Shuttle for the indefinite future or expect a new "2nd generation" Reusable Launch Vehicle (RLV) in the early 2000's.(19) This led NASA to enter into a government-industry cooperative arrangement called the X-33 Program. The X-33 Program was to have 15 flight tests between March and December 1999 and expire at the end of the year 2000. Due to technical problems with its engines and construction of its composite fuel tanks, NASA has restructured its program into a Space Launch Initiative (SLI) Program and shifted the shuttle or "2nd generation" RLV decision to 2005. In addition, only if the current X-33 team successfully competes funds under the SLI program will there be test flights of the X-33 hardware, now expected to be in the 2003 timeframe.(20)
The Armed Services have been active participants in the U.S. manned spaceflight program since the inception of manned space flight. This program has focused on conducting research experiments and gathering scientific data. Every year the Services have a selection board that considers all qualified applicants, selects a list of candidates and forwards the list to NASA, which in turn makes the final selection of astronaut candidates. Successful military candidates are detailed to NASA for a specified tour of duty and are assigned to the astronaut office at the Johnson Space Center to begin a one to two year training and evaluation program. The Army, Navy, and Air Force all have military officers serving as astronauts with NASA.
In 1997 NASA, the DoD and the NRO formed a Space Technology Alliance, chaired by senior technology leaders in each organization, for continued dialogue, information exchange, and direct cooperation in the development of advanced space technology. NASA and DoD also collaborate on future communications and data systems architectures for space operations through the National Security Space Senior Steering Group.(21) In addition, the DoD Space Test Program, overseen by the Air Force's Space and Missile Systems Center, sometimes uses NASA spacecraft to launch its spacecraft experiments.
NASA's Tracking and Data Relay Satellite System (TDRSS) is a communication signal relay system that provides tracking and data acquisition services between low earth orbiting spacecraft and control and/or data processing facilities. The system is capable of transmitting to and receiving data from spacecraft over at least 85% of a spacecraft's orbit. TDRSS has the ability to provide communications support for appropriately configured national security spacecraft.
Under NSTC-4, NASA will provide for the improvement of the Space Shuttle system, focusing on reliability, safety, and cost-effectiveness. NASA also will be the lead agency for technology development and demonstration for next generation reusable space transportation systems. NASA, the Intelligence Community, and the DoD, in cooperation with the private sector, will develop design guidelines for future government procurements of spacecraft, launch vehicles, and services. The design and operation of space tests, experiments and systems, will minimize or reduce accumulation of space debris consistent with mission requirements and cost effectiveness.(22)
2.2. Department of Energy (DOE)
PDD-49 tasks DOE with maintaining the necessary capability to support civil space missions, including research on space energy technologies and space radiation effects and safety. In addition, DOE, in coordination with DoD, the Arms Control and Disarmament Agency and the DCI, will carry out research on and development of technologies needed to effectively verify international agreements to control special nuclear materials and nuclear weapons. DOE will maintain the necessary capability to support space missions, which may require the use of space nuclear power systems.(23)2.2.1. Los Alamos National Lab. Los Alamos was born as part of the Manhattan Project to create the first atomic weapons during World War II, and is today a U.S. Department of Energy national laboratory operated by the University of California. Their scientific expertise is very broad and ranges from innovative biological research to modeling global climate, and from novel methods for examining material properties to helping explore the outer reaches of the solar system.(24) The Center for Space Science and Exploration promotes interdisciplinary research that develops and enhances synergies between Space Science and Exploration programs and capabilities from across the Lab.(25) Los Alamos is a major contributor to international space research programs. This contribution derives from the research and development performed in support of the DOE nonproliferation mission. The Center for Space Sciences and Exploration's major interface is with NASA. Los Alamos also collaborates with Lawrence Livermore, and the University of Michigan, in the area of astronomical science.(26)
2.2.2. Lawrence Livermore National Lab (LLNL). LLNL is a U.S. Department of Energy national laboratory operated by the University of California. Lawrence Livermore's mission is to apply science and technology in the national interest, with a focus on global security, global ecology, and bioscience. Key research areas include astronomy and astrophysics; atmospheric science; nonproliferation, counter proliferation and arms control; national security; and weapons and defense technologies.(27)
2.3. Department of the Interior
PDD-49 gives the Department of the Interior, through the U.S. Geological Survey (USGS), the responsibility for maintaining a national archive of land remote sensing data and other surface data as appropriate, making such data available to U.S. Government and other users.(28)2.3.1. Civil Applications Committee (CAC). The USGS chairs the CAC, a Federal interagency committee that provides civil Federal agencies with access to classified imagery information needed to support agency missions. Established in 1968 and officially chartered in 1975 by the Office of the President, the CAC includes representatives from the Departments of Agriculture, Commerce, Energy, the Interior, and Transportation, Federal Emergency Management Agency (FEMA), NASA, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, and National Science Foundation (NSF). The activities of the CAC have expanded beyond traditional mapping to include a broad spectrum of environmental and remote sensing applications. Some examples include monitoring volcanoes; detecting wild fires; responding to emergencies caused by natural disasters, such as hurricanes, earthquakes, and floods; monitoring ecosystems; and mapping wetlands.(29)
2.4. Department of Commerce (DOC)
According to PDD-49, DOC, through the National Oceanic and Atmospheric Administration (NOAA), has the lead responsibility for managing Federal space-based civil operational Earth observations necessary to meet civil requirements. In this role, the DOC, in coordination with other appropriate agencies, will:
- Acquire data, conduct research and analyses, and make required predictions about the Earth's environment;
- Consolidate operational U.S. Government civil requirements for data products, and define and operate Earth observation systems in support of operational monitoring needs;
- Provide for the regulation and licensing of the operation of private sector remote sensing systems.(30)
2.4.1. National Oceanic and Atmospheric Administration Within the DOC, the Office of the Under Secretary of Commerce for Oceans and Atmospheric Research and Administrator of NOAA provides satellite observations of the global environment by operating a national system of satellites to explore, map, and chart the global ocean and its resources and describe, monitor and predict conditions in the atmosphere, ocean and environment.(31)
2.4.1.1. National Weather Service (NWS). NOAA's NWS provides weather, hydrologic, and climate forecasts and warnings for the United States, its territories, adjacent waters and ocean areas, for the protection of life and property and the enhancement of the national economy. NWS data and products form a national information database and infrastructure, which can be used by other governmental agencies, the private sector, the public, and the global community. The NWS is the sole United States official voice for issuing warnings during life threatening weather situations.(32)
2.4.1.2. National Environmental Satellite, Data, and Information Service (NESDIS). NESDIS acquires and manages the Nation's operational environmental satellites, provides data and information services, and conducts related research in order to provide and ensure timely access to global environmental data from satellites and other sources to promote, protect, and enhance the Nation's economy, security, environment, and quality of life. The prime customer for the satellite data is NOAA's National Weather Service.(33)
- Office of Satellite Data Processing and Distribution (OSDPD). An element of NESDIS, OSDPD manages and directs the operation of the central ground facilities, which ingest, process, and distribute environmental satellite data and derived products to domestic and foreign users.(34)
2.4.1.3. CoastWatch Program. The CoastWatch Program makes satellite data products and data from NOAA environmental buoys available to federal, state, and local marine scientists and coastal resource managers with hourly updated images of the Northeast, Southeast Caribbean, Great Lakes, Gulf of Mexico, Gulf Coast, West Coast and Central Pacific.(35)
2.4.1.4. Integrated Program Office. The Integrated Program Office is a tri-agency office reporting through NOAA to an Executive Committee comprised of Under Secretary/Administrator level officials of the DOC, DoD and NASA. This office provides an example of how diverse agencies with similar requirements can work together in the development of NSS programs. It provides for the planning, development, management, acquisition, and operation of the Nation's single (converged) polar-orbiting operational environmental satellite system to satisfy both civil and national security requirements for remotely sensed meteorological, oceanographic, climatic and space environmental data. In 1994, the President directed convergence of the DOC/NOAA's Polar-orbiting Operational Environmental Satellite (POES) program and the Department of Defense's Defense Meteorological Satellite Program (DMSP). These two programs became the National Polar-orbiting Operational Environmental Satellite System (NPOESS). In addition, NASA, through its Earth Observing System efforts, offers new remote sensing and spacecraft technologies that could potentially improve the capabilities of the operational system.(36)
2.5. Department of State (DOS)
The DOS is the primary institution for the conduct of American diplomacy. State leads representation of the United States overseas and advocates U.S. policies for foreign governments and international organizations to include the United Nations; conducts negotiations, concludes agreements, and supports U.S. participation in international negotiations of all types; and manages those international affairs programs and operations for which the Department has statutory responsibility. The DOS is responsible for export licensing of munitions. Satellites were reclassified as munitions by Congress in 1999.(37)2.5.1. Bureau of Oceans and International Environmental and Scientific Affairs (OES) OES is the Department of State's focal point for foreign policy formulation and implementation in global environment, science, and technology issues. The Bureau works closely with the White House, U.S. Government agencies, Congress, U.S. universities, nongovernmental organizations, private citizens, and other bureaus in the Department of State to formulate U.S. foreign policy on these issues. The Space and Advanced Technology (SAT) staff handles international space issues and multilateral science and advanced technology questions. Its objectives are to ensure that U.S. space policies and multilateral science activities support U.S. foreign policy objectives and enhance the competitiveness of the U.S. aerospace industry. The SAT staff has primary responsibility for U.S. representation on the United Nations Committee on the Peaceful Uses of Outer Space, the NATO Science Committee, and the OECD Committee on Scientific and Technological Policy. SAT also maintains the U.S. Registry of Space Objects and reviews export license requests for space technology.(38)
3. Interagency/Inter-sector Cooperation (DoD-Commercial)
3.1. Federal Communications Commission (FCC)
Established by the Communications Act of 1934 as an independent United States government agency directly responsible to Congress, the FCC is charged with establishing policies to govern interstate and international communications by television, radio, wire, satellite and cable.(39) The FCC manages the use of the spectrum by the public, including state and local governments.(40)3.1.1. The International Bureau. The International Bureau was established in October 1994 to handle all FCC international telecommunications and satellite programs and policies. Its functions include international safety and distress, space and earth stations, cable landing licenses, bilateral discussions and interaction with other international organizations. The International Bureau is responsible for FCC activities regarding international matters. The Bureau is also charged with domestic administration of telecommunication provisions of treaties and international agreements to which the United States is a party. Under DOS auspices, the International Bureau of the FCC participates in related international conferences.(41)
- Satellite and Radiocommunication Division. This division develops, recommends and administers policy, rules, standards and procedures for licensing and regulating new and modified satellite Earth and space station facilities and associated services. It also handles space station International Telecommunications Union (ITU) coordination activities to permit the coexistence and coordination of U.S. and foreign-licensed satellite systems, ensuring no unacceptable interference among, from, or to those systems. This division also prepares for, and participates in, international meetings and conferences, ensuring that U.S. satellite and terrestrial interests are represented.(42)
- Planning and Negotiations Division. This division also represents the FCC in international conferences and meetings involving the ITU and other international fora, ensuring that FCC officials are aware of international and bilateral agreements regarding spectrum and other issues. This division oversees rulemakings involving spectrum issues and the reconciliation of domestic and international spectrum policies, in addition to directing and coordinating negotiations with Mexico, Canada, and others regarding spectrum use and interference protection.(43)
3.1.2. Office of Engineering and Technology (OET) OET is responsible for the management and allocation of non-Federal Government spectrum and for coordination of Federal Government spectrum management with other Federal Government agencies. OET is responsible for the performance of expert technical and engineering analysis on all aspects of radio frequency, propagation and electromagnetic compatibility.(44) OET also advises and represents the FCC on frequency allocation and spectrum usage matters, and conducts engineering and technical studies in advanced phases of terrestrial and space communications, and special projects to obtain data on new or improved techniques. OET advises the FCC and other bureaus and offices concerning spectrum management, emerging technologies, technical standards, international considerations and national security matters involved in making or implementing policy or in resolving specific situations involving these matters, and coordinates with other agencies of government, technical experts representing foreign governments, and members of the public and industry concerned with communications and frequency allocation and usage.(45)
3.2. Department of Commerce
With regard to space, the Department of Commerce is responsible for promoting the competitiveness of the U.S. commercial space industry.3.2.1. Office of Space Commercialization. Established in 1998(46), the Office of Space Commercialization, part of the Office of the Under Secretary for Technology, is the principal office within the Department of Commerce for the coordination of space-related issues, programs, and initiatives. The goal of the Office is to foster an economic and policy environment that ensures the international competitiveness of the U.S. commercial space industry. The office conducts activities in three primary areas: policy development, market analysis, and outreach/education. In fulfilling these roles and functions, the Office of Space Commercialization focuses its efforts on a select group of commercial space industry sectors, including satellite navigation and imaging, space transportation, satellite communications, and emerging space business frontiers. The Office of Space Commercialization serves as an advocate for the interests of the U.S. commercial space industry during government discussions concerning national space policy.(47)
3.2.2. National Telecommunications & Information Administration (NTIA). An agency of the Department of Commerce, NTIA is the Executive Branch's principal agency responsible for domestic and international telecommunications and information policy issues, and is the President's principal adviser on telecommunications and information policy issues.(48) NTIA is the manager of Federal Government uses of the spectrum. The Office of International Affairs (OIA) advocates Executive Branch policy perspectives in bilateral and multilateral consultations with foreign governments, in international regulatory conferences, and in other fora dealing with Global Information Infrastructure issues. Specific oversight responsibilities include, in cooperation with the State Department and with the FCC, the COMSAT Corporation's (now doing business as Lockheed Martin Global Telecommunications) activities in the International Telecommunications Satellite Organization (INTELSAT), along with other developments in the satellite industry.(49)
3.2.2.1. Office of Spectrum Management (OSM). OSM is responsible for managing the Federal Government's use of the radio frequency spectrum. To achieve this, OSM receives assistance and advice from the Interdepartmental Radio Advisory Committee. OSM carries out this responsibility by: Establishing and issuing policy regarding allocations and regulations governing the Federal spectrum use; developing plans for the peacetime and wartime use of the spectrum; preparing for, participating in, and implementing the results of international radio conferences; assigning frequencies; maintaining spectrum use databases; reviewing Federal agencies' new telecommunications systems and certifying that spectrum will be available; providing the technical engineering expertise needed to perform specific spectrum resources assessments and automated computer capabilities needed to carry out these investigations; participating in all aspects of the Federal Government's communications related emergency readiness activities; and, participating in Federal Government telecommunications and automated information systems security activities.(50)
3.2.2.2. The Interdepartment Radio Advisory Committee (IRAC). The IRAC provides an interagency forum to develop and execute policies, programs, procedures, and technical criteria pertaining to the allocation, management, and use of the spectrum. Its membership consists of the NTIA, the National Science Foundation, NASA, Interior, Justice, Treasury, the Air Force, Coast Guard, Army and Navy, the FAA, HHS, FCC, Agriculture, Energy, State, GSA, FEMA, Commerce, the U.S. Postal Service, the VA, and the Broadcasting Board of Governors.(51)
3.2.3. Bureau of Export Administration (BXA). BXA seeks to advance U.S. national security, foreign policy, and economic interests by regulating exports of critical goods and technologies, that could be used to damage U.S. interests, by enforcing compliance with those regulations; by cooperating with like-minded nations to obtain global support for this effort; by assisting nations that are key exporters or transit points for sensitive goods and technologies to strengthen their own transit and export controls; and by monitoring the U.S. defense industrial base to ensure it remains strong.(52)
3.3. Department of Transportation (DOT)
According to PDD-49, DOT is the lead agency within the Federal government for regulatory guidance pertaining to commercial space transportation activities.(53) The U.S. Government encourages and will facilitate U.S. private sector and state and local government space launch and recovery activities. All activities related to space transportation undertaken by U.S. agencies and departments will be consistent with PDD/NSTC-4. DOT, in coordination with DoD, also co-chairs the Executive Secretariat of the Interagency GPS Executive Board.3.3.1. Assistant Secretary of Transportation for Transportation Policy. The Assistant Secretary co-chairs the Interagency GPS Executive Board (IGEB) with the Under Secretary of Defense for Acquisition, Technology and Logistics (USD (AT&L)). The DoD, DOT, DOS, and DOC are members of the IGEB by virtue of their specific responsibilities in PDD/NSTC-6. Other U.S. Government agencies that have responsibilities identified in the PDD, make substantial use of GPS, and/or provide GPS-related services are also members of the IGEB. Current additional members include the Departments of Agriculture, and the Interior, the CJCS, and NASA. PDD/NSTC-6 directs that a permanent IGEB manage GPS and U.S. Government augmentations to GPS to support and enhance U.S. economic competitiveness and productivity while protecting national security and foreign policy interests.(54) The IGEB is charged to:
- Review status and plans for continued development, acquisition, and operation that affect dual use;
- Approve management policies that affect dual use;
- Resolve interdepartmental issues;
- Provide periodic status reports to the President through the Assistant to the President for National Security Affairs and the Assistant to the President for Science and Technology; and
- Consult with U.S. Government agencies, U.S. industry, and foreign governments involved in navigation and positioning system research, development, operation, and use.(55)
3.3.2. Federal Aviation Administration (FAA). The FAA's major functions with regard to space include the development and operation of a common system of air traffic control and navigation for both civil and military aircraft; research and development with respect to the National Airspace System and civil aeronautics; and the regulation of U.S. commercial space transportation.
3.3.2.1. The Office of the Associate Administrator for Commercial Space Transportation (AST). AST is the newest and only space-related line of business within the FAA. Established in 1984 as the Office of Commercial Space Transportation (OCST) in DOT, AST was transferred to the FAA in November 1995. AST is divided into three functional components, the Office of the Associate Administrator, the Space Systems Development Division (SSDD), and the Licensing and Safety Division (LASD). AST is given the responsibility to:
In fulfilling its responsibilities under Title 49, AST issues Launch Operator's Licenses for U.S.-based commercial launches of orbital rockets such as the Atlas, Delta, Taurus, and Athena launch vehicles, and the air-launched Pegasus rocket. AST also has issued licenses for commercial launches of sub-orbital sounding rockets such as the Black Brant and Starfire, and has licensed the operation of several non-federal launch sites including the California Spaceport at Vandenberg Air Force Base, Spaceport Florida at Cape Canaveral Air Station, the Virginia Space Flight Center at Wallops Island, and Spaceport Alaska at Kodiak Island, Alaska.(57)
- Regulate the commercial space transportation industry, only to the extent necessary to ensure compliance with international obligations of the U.S. and to protect the public health and safety, safety of property, and national security and foreign policy interest of the United States;
- Encourage, facilitate, and promote commercial space launches by the private sector;
- Recommend appropriate changes in Federal statutes, treaties, regulations, policies, plans, and procedures; and
- Facilitate the strengthening and expansion of the United States space transportation infrastructure.(56)
Space Systems Development Division (SSDD). SSDD provides the space systems engineering, space policy, and economic and launch forecast capabilities for the Associate Administrator. SSDD's systems engineering expertise supports AST's regulatory mission through the development of requirements and criteria for the regulation of advanced launch concepts and launch site technologies. In particular, SSDD is developing regulations to ensure the safety of the many proposed reusable launch vehicles. Systems engineering support also includes the evaluation of environmental impacts of new launch vehicles and launch sites and the integration of space launch activities into a Space and Air Traffic Management System (SATMS) as part of the FAA's National Airspace (NAS) modernization activity. The SATMS represents a conceptual "aerospace" environment in which space and aviation operations are seamless and fully integrated in a "modernized", efficient NAS.(58) SSDD develops long-range commercial launch forecasts based on the markets for established and new satellite services, and identifies both domestic and international future space markets and industry trends. As part of its policy role, AST works with the interagency community to develop space transportation policies and works closely with other Federal agencies on issues relating to the use of U.S. commercial launch services. SSDD also works with other government agencies to monitor trading practices in the worldwide launch market and to develop policy guidelines for free and fair trade in commercial launch services for international launch services providers.(59)
Licensing and Safety Division (LASD). LASD carries out AST's licensing responsibilities and determines insurance or other financial responsibility requirements for commercial launch activities. The components of the licensing process include a pre-licensing consultation period, policy review, payload review, safety evaluation, financial responsibility determination, and an environmental review.(60)
3.4. Department of State
The Department of State's responsibility related to commercial space is to ensure that U.S. space policies support U.S. foreign policy commercial objectives. DOS represents the U.S. on the United Nations, NATO and OECD Science or Space Committees. In addition, bureaus such as the Bureau of Intelligence and Research (INR) are users of national security space assets for intelligence gathering purposes.3.4.1. Office of Defense Trade Controls (DTC). DTC (61) controls the export and temporary import of defense articles and services, including communication satellites, by taking final action on license applications and other requests for approval for defense trade exports and retransfers, and handling matters related to defense trade compliance, enforcement and reporting.(62) Although the DOC is the primary agency that administers and enforces the nation's export laws and licenses, the DOS handles exports relating to munitions. The satellite industry claims that exports of satellite components dropped nearly 40 percent in 1999 partly because licensing control of those exports switched from the DOC to DOS, leading to a lengthier, more complicated approval process. Congress enacted the switch in order to further guard against the transfer of launch technology to China.(63) The satellite industry has been calling for a return of responsibility to the Commerce Department, citing lengthy delays and an exponential increase in paperwork.(64)
3.4.2. Remote Sensing Interagency Working Group (IWG). To streamline review of potential exports of advanced remote sensing systems consistent with established policy, the DOS chairs a standing IWG with relevant interagency expertise in remote sensing from space. The IWG includes the participation of the DoD, DOC, the IC and other agencies as appropriate. Decisions on actual exports of advanced remote sensing systems on the U.S. Munitions List continue to be made in accord with existing laws and regulations. The DOS will provide, upon request by a U.S. company, an advisory opinion, which is coordinated through the IWG on whether the performance characteristics of a proposed system make it potentially exportable consistent with U.S. foreign policy and national security concerns. Authority to negotiate and conclude any such agreements are subject to normal interagency review processes. If members of the IWG disagree with decisions made in accordance with procedures, the issue may be referred to the NSC and OSTP.(65)
4. Interagency/Inter-sector Cooperation (DoD-IC)
The thirteen organizations that collectively comprise the IC are shown in Figure 2. Subsequent paragraphs address the roles that some of them play with regard to high-level guidance in national security space.
4.1. Director of Central Intelligence/Central Intelligence Agency
According to PDD-49, the SecDef and the DCI oversee those space activities necessary for national security consistent with their respective responsibilities.(66) Other departments and agencies assist as appropriate. Improving the U.S. ability to support military operations worldwide, monitor and respond to strategic military threats, and monitor arms control and non-proliferation agreements and activities are key priorities for national security space activities. The SecDef and DCI ensure that defense and intelligence space activities are closely coordinated; that space architectures are integrated to the maximum extent feasible; and will continue to modernize and improve their respective activities to collect against, and respond to, changing threats, environments and adversaries.(67) The DCI appoints the NRO Director, with the concurrence of the SecDef.4.1.1. National Intelligence Council (NIC). The NIC is comprised of National Intelligence Officers--senior experts drawn from all elements of the Community and from outside the Government. These officers concentrate on the substantive problems of particular geographic regions of the world and of particular functional areas such as economics and weapons proliferation. They serve the DCI in his role as leader of the IC by providing a center for mid-term and long-term strategic thinking and production. Through routine close contact with policymakers, collection, research, and community analysis, the NIC provides the DCI with the information he needs. The NIC also draws on nongovernmental experts in academia and the private sector to bring in fresh perspectives and analytic methods to enhance the intelligence process. Finally, the NIC assists the IC by evaluating the adequacy of intelligence support and works with the Community's functional managers to refine strategies to meet the most crucial needs of the senior consumers.(68)
4.1.2. Deputy Director of Central Intelligence/Community Management (DDCI/CM). The Director of Central Intelligence as head of the Intelligence Community is assisted by the DDCI/CM, a statutory position established by the Intelligence Authorization Act for FY 1997. As directed by the DCI, the DDCI/CM oversees the implementation of a unified Intelligence Community optimized to provide a decisive information advantage to the President, the military, diplomats, the law enforcement community, and Congress. The DDCI/CM is assisted by the Assistant DCI for Administration who serves as deputy, the Assistant DCI for Collection, the Assistant DCI for Analysis and Production, the Senior Acquisition Executive, and the Executive Director for Intelligence Community Affairs. Working together, the ODDCI/CM oversees Community activities by establishing policies and managing processes that promote accountability, leadership, and corporate management of the intelligence enterprise.
Figure 1: Baseline Organization
Source: National Security Space Architect4.1.2.1. Community Management Staff. The Executive Director for Intelligence Community Affairs leads the Community Management Staff (CMS). CMS has four offices and an administrative support group.
- The Requirements, Plans and Policy Office supports the DCI's development and promulgation of policy to guide IC activities. It evaluates the Community's performance in responding to intelligence requirements of policy makers; develops procedures for coordinating policy formulation for security, information operations/warfare, intelligence-related aerospace issues, and human resources.
- The Program Assessment and Evaluation Office (PAEO) performs a comprehensive program review each year evaluating the relative merits of intelligence activities and their appropriate levels of funding in future years. It also performs independent cost analyses of major acquisition programs within the NFIP on behalf of the DCI. PAEO also performs studies and analyses of long term, enduring intelligence challenges by linking national security requirements with an independent evaluation of available resources.
- The Resource Management Office (RMO) is responsible for NFIP budget formulation, justification and technical evaluation. RMO also performs budget liaison with the congressional oversight committees on reprogramming actions.
- The IC Chief Information Officer (IC/CIO) establishes Community-wide information services (IS) policy, goals and objectives; leads the development of the IS strategic plan, architecture, and investment strategy; and fosters a shared commitment to improved interoperability consistent with the Community's mission.(69)
Figure 2: Intelligence Community Membership (70)
4.2. Director, National Reconnaissance Office
The Assistant Secretary of the Air Force for Space also serves as the Director of the NRO. The Director of the NRO is appointed by the DCI and the SecDef after being confirmed by the Senate as the Assistant Secretary of the Air Force for Space. The Director reports to the SecDef who, in concert with the DCI, has ultimate management and operational responsibility for the NRO. The DCI establishes collection requirements and priorities for satellite-gathered intelligence. The NRO develops and operates space systems for collection of imagery intelligence, signals intelligence, measurement and signature intelligence (MASINT), and communications.(71)
5. Congress
As will be shown, many congressional committees have a hand in formulation of national security space legislation, policy, guidance, programs and budgets. This section addresses those committees within the U.S. Congress that entertain matters pertaining to national security space.
5.1. House of Representatives
5.1.1. House Armed Services Committee. The jurisdiction of the committee as it relates to space is as follows:
- Common defense generally;
- The Department of Defense generally, including the Departments of the Army, Navy, and Air Force generally;
- Tactical intelligence and intelligence related activities of the Department of Defense;
- Pay, promotion, retirement, and other benefits and privileges of members of the armed services;
- Scientific research and development in support of the armed services;
- Size and composition of the Army, Navy, Marine Corps, and Air Force; and
- Strategic and critical materials necessary for the common defense.(72)
5.1.2. Committee on Commerce. Jurisdiction includes oversight for the Department of Commerce and the Telecommunications Trade & Consumer Protection Subcommittee.(73)
5.1.3. International Relations Committee. Jurisdiction includes international space-related treaties, as well as the following: relations of the United States with foreign nations generally; export controls, including nonproliferation of nuclear technology and nuclear hardware; international conferences and congresses; and United Nations Organizations (such as the Office for Outer Space Affairs). In addition to its legislative jurisdiction and its general oversight function, the committee also has special oversight functions with respect to intelligence activities relating to foreign policy.(74)
5.1.4. Committee on Science. This Committee's space-related responsibilities include:
- Astronautical research and development, including resources, personnel, equipment, and facilities;
- National Aeronautics and Space Administration;
- National Space Council;
- National Science Foundation;
- National Weather Service;
- Outer space, including exploration and control thereof;
- Science scholarships; and
- Scientific research, development, and demonstration, and projects therefore.(75)
5.1.5. House Permanent Select Committee on Intelligence. The select committee includes at least one Member from: the Committee on Appropriations; the Committee on National Security; the Committee on International Relations; and the Committee on the Judiciary. Proposed legislation, messages, petitions, memorials, and other matters relating to the following are referred to the select committee:
- The Central Intelligence Agency and the Director of Central Intelligence, and the National Foreign Intelligence Program as defined in section 3(6) of the National Security Act of 1947;
- Intelligence and intelligence-related activities of all other departments and agencies of the Government, including, but not limited to the tactical intelligence and intelligence-related activities of the Department of Defense;
- The organization or reorganization of any department or agency of the Government to the extent that the organization or reorganization relates to a function or activity involving intelligence or intelligence-related activities; and
- Authorizations for appropriations, both direct and indirect, for the areas listed above.(76)
5.1.6. House Committee on Appropriations. This committee has broad responsibility over the Federal budget. The Committee appropriates revenue for the support of the Government, or rescinds previous appropriations that are no longer valid.(77)
5.1.6.1. Subcommittee on Defense. This subcommittee has jurisdiction over the following space-related areas: The Armed Services; Office of the Secretary of Defense; Defense Advanced Research Projects Agency; Ballistic Missile Defense Organization; Intelligence Community (Central Intelligence Agency; National Reconnaissance Office; National Security Agency); and the Defense Agencies (Defense Intelligence Agency; Defense Logistics Agency; and Defense Threat Reduction Agency).
5.1.6.2. Subcommittee on VA, HUD, and Independent Agencies. This subcommittee's jurisdiction includes FEMA, NASA, NSF, and OSTP.(78)
5.2. Senate
The U. S. Senate has many areas of jurisdiction over national security space.5.2.1. Senate Committee on Armed Services. Jurisdiction includes aeronautical and space activities peculiar to or primarily associated with the development of weapons systems or military operations; the common defense; the DoD, the Department of the Army, the Department of the Navy, and the Department of the Air Force, generally; military research and development; national security aspects of nuclear energy; pay, promotion, retirement, and other benefits and privileges of members of the Armed Forces, including overseas education of civilian and military dependents; and strategic and critical materials necessary for the common defense. Comprehensive study and review of matters relating to the common defense policy of the United States is also included.
5.2.1.1. Strategic Subcommittee. Jurisdiction includes nuclear forces; national intelligence programs; space policy; Department of Energy nuclear programs including labs, facilities and cleanup; ballistic missile defense; and chemical-biological warfare issues.(79)
5.2.2. Senate Select Committee on Intelligence. This committee was created to oversee and make continuing studies of the intelligence activities and programs of the United States Government, and to submit to the Senate appropriate proposals for legislation and report to the Senate concerning such intelligence activities and programs. In carrying out this purpose, the Select Committee on Intelligence is required to make every effort to assure that the appropriate departments and agencies of the United States provide informed and timely intelligence necessary for the executive and legislative branches to make sound decisions affecting the security and vital interests of the Nation. The Select Committee on Intelligence also provides legislative oversight over the intelligence activities of the United States to assure that such activities are in conformity with the Constitution and laws of the United States.(80)
5.2.3. Senate Committee on Foreign Relations. Jurisdiction includes international space-related treaties, as well as the following: international aspects of nuclear energy; international conferences and congresses; international law as it relates to foreign policy; ocean and international environmental and scientific affairs as they relate to foreign policy; relations of the United States with foreign nations generally; treaties and executive agreements, except reciprocal trade agreements; and the United Nations and its affiliated organizations (Office for Outer Space Affairs). The Committee is also mandated to study and review, on a comprehensive basis, matters relating to national security policy, foreign policy, and international economic policy as it relates to foreign policy of the United States, and report thereon from time to time. The Committee also has a special responsibility to assist the Senate in its constitutional function of providing "advice and consent" to all treaties entered into by the United States and all nominations to the principal executive branch positions in the field of foreign policy and diplomacy.(81)
5.2.4. Senate Committee on Commerce, Science, and Transportation. This committee is responsible for all proposed legislation, messages, petitions, memorials, and other matters relating to the following space-related subjects:
- Communications;
- Nonmilitary aeronautical and space sciences;
- Oceans, weather, and atmospheric activities;
- Science, engineering, and technology research and development and policy; and
- Transportation.
5.2.4.1. Communications Subcommittee. Jurisdiction includes the Federal Communications Commission; the Communications Satellite Corporation; Intelsat; telecommunications industry economics; and telecommunications law.
5.2.4.2. Science, Technology, and Space Subcommittee. Jurisdiction includes NASA, NOA, NSF, NIST, OSTP, federal R&D funding, and international science and technology.(82)
5.2.5. Senate Committee on Appropriations. This committee is referred all proposed legislation, messages, petitions, memorials, and other matters relating to appropriation of the revenue for the support of the Government, and rescission of appropriations contained in appropriation acts, in addition to the amount of new spending authority.
5.2.5.1. Subcommittee on Defense. This subcommittee has jurisdiction over the following space-related areas: The Armed Services; Office of the Secretary of Defense; Defense Advanced Research Projects Agency (DARPA); Ballistic Missile Defense Organization; Intelligence Community (Central Intelligence Agency; National Reconnaissance Office; National Security Agency); and the Defense Agencies (Defense Intelligence Agency; Defense Logistics Agency; and Defense Threat Reduction Agency).
5.2.5.2. Subcommittee on Transportation. This subcommittee has jurisdiction over the Department of Transportation's Office of Commercial Space Transportation.
5.2.5.3. Subcommittee on Veterans, Housing and Urban Development. This subcommittee has jurisdiction over the following space-related areas: NASA; National Science Foundation; and the Office of Science and Technology Policy.(83)
B. Implementation Guidance, Policy and Oversight
This section presents the second major classification of management functions addressed by the Commission. As distinguished from the presidential and congressional level guidance addressed in the above section, this portion will highlight IC, OSD, JCS, and Service headquarters organizations and their roles with respect to issuance and implementation of guidance, policy and oversight functions. These functions are distinguished from research, development and acquisition, requirements determination, education, training, and the operation and use of space systems. For that reason, certain organizations are discussed more than once throughout this chapter.High-Level Guidance is implemented by the SecDef and DCI at this level with input from the Executive Office of the President, the JCS and the Interagency. DoD and the IC provide planning, programming and budgeting guidance for space activities, and coordinate the DoD/IC interface.
1. Intelligence Community
The IC implements the guidance and direction provided by the CMS. The DepSecDef and the DCI issue Joint Intelligence Guidance to provide focused program direction and priorities for all intelligence and related activities. They co-chair the Expanded Defense Resources Board (EDRB), which is the senior advisory body for reviewing all Defense intelligence and related activities, including programmatic, resource, and substantive intelligence issues.(84) Although not specifically involved in the management of national security space, the Bureau of Intelligence and Research (INR) at DoS, the FBI at Justice, and the intelligence components of the Energy and Treasury Departments are all users of space-based intelligence resources such as those provided by the NRO. In addition, the Service Intelligence components: Army, Navy, Air Force, and Marine Corps Intelligence, are all users of space-based intelligence, both strategic and tactical. See Figure 2 on page 36 of printed copy.
1.1 National Reconnaissance Office
The U.S. Intelligence Space Program is managed and conducted by the NRO, a joint activity of the IC and the DoD. (See organization chart, Figure 3.) The NRO develops and operates space systems for collection of imagery intelligence, signals intelligence, measurement and signature intelligence (MASINT), and communications. NRO satellites collect raw data that are processed by the NRO and then provided to one of its mission partners: the National Security Agency (NSA) for signals intelligence (SIGINT), the National Imagery and Mapping Agency (NIMA) for imagery intelligence (IMINT), or to the Central MASINT Office (CMO) for MASINT. These entities are responsible for exploitation, analysis and dissemination of the final intelligence product to the customers that originally requested the information. The internal NRO organization includes four Directorates responsible for building and operating satellite systems, three Offices responsible for key support functions, and a Staff responsible for all the staff support to the organization. (85) Under four agreements dating back to the 1960s, the Director of the NRO reports to both the SecDef and the DCI.The NRO was created in 1960 in order to manage all of DoD's satellite and over-flight reconnaissance projects. The NRO was initially placed under the joint direction of the Under Secretary of the Air Force and the CIA's Deputy Director for Plans. A second agreement, in 1962, determined that the NRO Director would be designated by both the DCI and SecDef and be responsible directly to them for management of the National Reconnaissance Program (NRP). NRO personnel came from DoD and CIA, which both provided funds for NRO projects. A third agreement superseded the 1962 version in 1963 and identified the SecDef as the Executive Agent for the NRP and the NRO as a separate operating agency within DoD. The NRO Director was now to be appointed by the SecDef, with the concurrence of the DCI. A Deputy NRO Director was to be appointed by the DCI, with the concurrence of the SecDef. NRO budget requests were to be presented by the NRO Director to the SecDef and DCI, the Bureau of the Budget and Congressional committees. The NRO Director was to report directly to the SecDef, while keeping the DCI informed. In 1965, the last agreement gave the SecDef "ultimate responsibility" for the management and operation of the NRO and eliminated the requirement for DCI concurrence in the selection of the NRO Director.(86) The DCI retained authority for appointing the Deputy NRO Director, but with the concurrence of the Secretary. This agreement also provided that the SecDef was the final decision-maker for the NRP budget and all NRP issues. An NRP Executive Committee--consisting of the DepSecDef, DCI and the Assistant to the President for Science and Technology--was created to "guide and participate" in NRP budget and operational decisions, but the SecDef was ultimately responsible. According to the NRO's General Counsel, all four agreements are considered by the NRO to be still in effect, although more recent provisions have added structure to the relationship.(87) In practice, the Director, NRO regularly attends staff meetings held by the DCI, but only meets infrequently with the SecDef or DepSecDef.
Specifically, the SecDef, in consultation with the DCI, ensures that budgets of the IC elements within the DoD are adequate to satisfy the overall intelligence needs of the DoD; that policies and resource decisions of the DCI are appropriately implemented by elements of the DoD within the National Foreign Intelligence Program; and that elements of the IC within the DoD are responsive and timely with respect to satisfying the needs of the operational military forces. The SecDef also ensures that the NRO provides an effective unified organization for the research and development, acquisition, and operation of overhead reconnaissance systems necessary to satisfy the requirements of all elements of the IC.(88), (89)
1.3. Defense Intelligence Agency (DIA)
The DIA is a combat support agency of the DoD under the authority, direction, and control of the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASD (C3I)). DIA coordinates all DoD intelligence collection requirements; manages the Defense Attaché system; provides foreign intelligence and counterintelligence staff support to the CJCS; and, manages the General Defense Intelligence Program.(90)1.3.1. Central MASINT Office. The CMO was formed by DIA in 1993, when it became evident an authoritative single source of information was required on high growth technology areas outside the traditional disciplines of SIGINT, IMINT, and Human Intelligence. Thus, the CMO serves as the functional manager and single IC point of contact for MASINT. It consists of four divisions, a MASINT Committee Staff, and a technology coordination office. The CMO has special Directorate status within the Directorate for Intelligence Operations (formerly the National Military Intelligence Collection Center) to maintain its DCI and SecDef-directed role as the National and Defense Functional Manager for MASINT.(91)
1.3.2. Missile and Space Intelligence Center (MSIC). MSIC was operated by the Army for over 40 years, but became part of DIA in January 1992 as part of a continuing effort to consolidate intelligence production and make it more efficient.(92)
1.4. National Imagery and Mapping Agency
NIMA is a statutory DoD combat support agency with significant assigned national intelligence mission responsibilities. The mission of NIMA is to provide timely, relevant, and accurate imagery, imagery intelligence, and geospatial information in support of the national security objectives of the United States. NIMA carries out this responsibility by advising the SecDef and DepSecDef, the ASD (C3I), the CJCS, the Combatant Commanders, and, for national intelligence purposes, the DCI and other Federal Government officials; and by supporting the imagery, imagery intelligence, and geospatial requirements of the departments and agencies of the federal government.(93)NIMA was formed through the consolidation of the following: the Defense Map