[Senate Hearing 107-640] [From the U.S. Government Publishing Office] S. Hrg. 107-640 REPORT OF THE COMMISSION TO ASSESS UNITED STATES NATIONAL SECURITY SPACE MANAGEMENT AND ORGANIZATION ======================================================================= HEARING before the SUBCOMMITTEE ON STRATEGIC of the COMMITTEE ON ARMED SERVICES UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS FIRST SESSION __________ MARCH 28, 2001 __________ Printed for the use of the Committee on Armed Services ---------- U.S. GOVERNMENT PRINTING OFFICE 81-578 PDF WASHINGTON : 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON ARMED SERVICES JOHN WARNER, Virginia, Chairman STROM THURMOND, South Carolina CARL LEVIN, Michigan JOHN McCAIN, Arizona EDWARD M. KENNEDY, Massachusetts BOB SMITH, New Hampshire ROBERT C. BYRD, West Virginia JAMES M. INHOFE, Oklahoma JOSEPH I. LIEBERMAN, Connecticut RICK SANTORUM, Pennsylvania MAX CLELAND, Georgia PAT ROBERTS, Kansas MARY L. LANDRIEU, Louisiana WAYNE ALLARD, Colorado JACK REED, Rhode Island TIM HUTCHINSON, Arkansas DANIEL K. AKAKA, Hawaii JEFF SESSIONS, Alabama BILL NELSON, Florida SUSAN COLLINS, Maine E. BENJAMIN NELSON, Nebraska JIM BUNNING, Kentucky JEAN CARNAHAN, Missouri MARK DAYTON, Minnesota Les Brownlee, Staff Director David S. Lyles, Staff Director for the Minority ______ Subcommittee on Strategic WAYNE ALLARD, Colorado, Chairman STROM THURMOND, South Carolina JACK REED, Rhode Island BOB SMITH, New Hampshire, ROBERT C. BYRD, West Virginia JAMES M. INHOFE, Oklahoma DANIEL K. AKAKA, Hawaii JEFF SESSIONS, Alabama BILL NELSON, Florida E. BENJAMIN NELSON, Nebraska (ii) C O N T E N T S __________ CHRONOLOGICAL LIST OF WITNESSES Report of the Commission to Assess United States National Security Space Management and Organization march 28, 2001 Page Fogleman, Gen. Robert R., USAF (Ret.), Commissioner; Accompanied by Robert V. Davis, Hon. William R. Graham, Gen. Thomas S. Moorman, Jr., USAF (Ret.), and Hon. Malcolm Wallop............. 3 (iii) REPORT OF THE COMMISSION TO ASSESS UNITED STATES NATIONAL SECURITY SPACE MANAGEMENT AND ORGANIZATION ---------- WEDNESDAY, MARCH 28, 2001 U.S. Senate, Subcommittee on Strategic, Committee on Armed Services, Washington, DC. The subcommittee met, pursuant to notice, at 2:30 p.m. in room SR-232A, Russell Senate Office Building, Senator Wayne Allard (chairman of the subcommittee) presiding. Committee members present: Senators Allard, Smith, Inhofe, Sessions, Reed, Akaka, and Bill Nelson. Professional staff members present: L. David Cherington, George W. Lauffer, and Eric H. Thoemmes. Minority staff members present: Madelyn R. Creedon, minority counsel, and Creighton Greene, professional staff member. Staff assistants present: Beth Ann Barozie and Thomas C. Moore. Committee members' assistants present: Margaret Hemenway, assistant to Senator Smith; Douglas Flanders, assistant to Senator Allard; Arch Galloway II, assistant to Senator Sessions; Derek Maurer, assistant to Senator Bunning; Elizabeth King, assistant to Senator Reed; Davelyn Noelani Kalipi, assistant to Senator Akaka; Peter A. Contostavlos, assistant to Senator Bill Nelson; and Eric Pierce, assistant to Senator Ben Nelson. OPENING STATEMENT OF SENATOR WAYNE ALLARD, CHAIRMAN Senator Allard. I am going to go ahead and call the Strategic Subcommittee to order. I would like to welcome the panel we have before us. A minority member will be showing up here shortly, and I do like to keep a reputation of starting on time, in this case maybe even a couple of minutes early, and I think that everybody gets in the habit sometimes of showing up late, so at least when I am chairing things we are going to be going on time. I thought one of the first hearings we ought to have as we move forward into the new Congress is to hear from the Space Commission, and what all your folks have to report to us on national security space management and organization. I am looking forward to your testimony. Many things which you recommend can be done without legislation, but I could not think of a better time to begin to highlight many of these issues just at the time when we have a new administration and new appointees moving into their various positions in the Department of Defense. The Strategic Subcommittee meets today to receive testimony from the Commission to Assess United States National Security Space Management and Organization. The commission's report to Congress was submitted on January 11, 2001. We are pleased that a significant number of the commissioners are able to appear today, and we look forward to hearing your views. The Space Commission was established pursuant to the National Defense Authorization Act for Fiscal Year 2000 under the leadership of Senator Bob Smith. The Strategic Subcommittee played the leading role in formulating the legislation that established the commission. The subcommittee continues to be extremely interested in all facets of national security space and will work with the new administration in implementing the commission's recommendations. For a number of years, this committee has expressed concerns regarding the United States national security space management and the adequacy of investment in space programs and research and development. I believe that the commission has done an excellent job of describing why space is so important to the U.S. national security and how we can improve our ability to exploit space and enhance our security. Although Secretary Rumsfeld was not able to remain with the commission beyond the point when he was nominated to serve as Secretary of Defense, I want to acknowledge the excellent job he did as chairman of the commission for most of its duration. Fortunately, the remaining commissioners possess impressive professional depth and diversity which facilitated a successful conclusion to the commission's efforts. I hope that Secretary Rumsfeld in his position will continue to promote national security space issues to the same extent he did while serving on the commission. Let me welcome our witnesses today. We have with us Senator Malcolm Wallop, who is the Chairman of Frontiers of Freedom, and served as a U.S. Senator from my neighboring State of Wyoming from 1977 to 1995. Dr. William R. Graham is Chairman of the Board and President of National Security Research, Incorporated. Gen. Thomas S. Moorman, Jr., retired Air Force, is a partner in Booz Allen Hamilton. Robert V. Davis is President of R.V. Davis & Associates. Gen. Robert R. Fogleman, retired Air Force, is President and CEO of the B. Bar J Cattle & Consulting Company, Durango Aerospace, Incorporated, and a partner in Laird & Company, LLC. At the time of his retirement in 1997, General Fogleman was Chief of Staff of the Air Force. I now have the high honor of having the General as a constituent living in Durango, Colorado. I understand General Fogleman will lead off with some prepared remarks, and that the other commissioners will then make observations. We will then have an opportunity to open it up for questions and answers after recognizing General Fogleman for his opening statement. First, let me recognize Senator Inhofe, if he has an opening statement, and then Senator Reed, if he has a statement he would like to make, and then move forward with testimony from there. Senator Inhofe. Thank you, Mr. Chairman. I do not have an opening statement, but I am here because of the significance of what is going on today. I recognize that the future wars are going to be won or lost in space. I recognize that we probably have superiority at this time, but I am not sure, on the track we have been going the last few years, it is going to remain that way. I chair the Readiness and Management Support Subcommittee, and our readiness is in a crisis today, but I do like to look ahead. I can remember in the 1997 Defense Authorization Bill two of the elements that dealt with space, Clementine II and the Kinetic Energy Anti-Satellite program. Both of them were line item vetoed, which sent an erroneous message around the country that we do not recognize the significance of space today, but this one Senator does, and so I am here to lend support to see where we are going to go here. It is good to see our old colleague Malcolm Wallop, and my old friend General Fogleman, and by the way, one of the reasons I have to leave here is our own friends from ALTIS are here in town today, so we have to take care of that. Senator Allard. OK. Let us go ahead and proceed with the testimony. I would just warn the panel that we could have a vote coming up in about 10 minutes or so. We will just go as far as we can, and if we have to take a break to go vote, we will come back if we have to. Before we have the panel testify, and without objection, I will place in the record Senator Thurmond's statement. [The prepared statement of Senator Thurmond follows:] Prepared Statement by Senator Strom Thurmond Mr. Chairman, I want to join you in welcoming the distinguished members of the Space Commission. They are without doubt the most qualified group of individuals ever assembled to look into an issue that is critical to the security of this Nation and its future in space. I especially want to welcome my old friend and colleague, Senator Wallop, he has a long association with space and has been one of the strongest advocates for our Nation's role in space. In my judgment, the commission's report provides a blue print to the future use of space both for intelligence and non-intelligence functions. The timing of the report is fortuitous in that Secretary of Defense Rumsfeld is conducting a strategic review of Department of Defense activities. I would strongly urge the Secretary to carefully consider the commission's findings and recommendations as he reorganizes the Department to meet the challenges of the new century. There is no question that we have the technology to maximize the use of space. However, we are missing the leadership to tie together the various organizations and technologies and bring a focus on the potential that space offers to ensure the security and warfighting ability of this Nation. Mr. Chairman, I look forward to the commission's report and again want to express my appreciation to the commissioners for their dedication to this Nation. Thank you, Mr. Chairman. Senator Allard. We will now proceed. General Fogleman, please begin. STATEMENT OF GEN. ROBERT R. FOGLEMAN, USAF (RET.), COMMISSIONER; ACCOMPANIED BY ROBERT V. DAVIS, HON. WILLIAM R. GRAHAM, GEN. THOMAS S. MOORMAN, JR., USAF (RET.), AND HON. MALCOLM WALLOP General Fogleman. Thank you, Mr. Chairman, distinguished members. It is our pleasure to appear before the subcommittee today to report the findings of the Commission to Assess National Security Space Management and Organization, which I will refer to as the commission from this point forward. The commission was established in the National Defense Authorization Act for Fiscal Year 2000, and it was directed to consider near-, medium-, and long-term changes in the management and organization of our national security space program. We were specifically directed to assess several items in the legislation. In the interest of time, I would ask, Mr. Chairman, if I could have that portion of the prepared statement entered into the record. Senator Allard. Without objection, so ordered. General Fogleman. I would like to go right to the scope of the commission's assessment, if I could. Our charter was to assess the organization and management of space activities that support U.S. national security interests. Because we focused on national security space, our review centered on the Department of Defense and intelligence community space activities. However, we also considered civil and commercial activities to assess their relationship to and effect on national security space. The commission examined the role of organization and management with respect to national security space in developing and implementing national level guidance, establishing requirements, acquiring and operating systems, planning, program, and budgeting, and meeting the needs of the national leadership and the military. We focused on near- and mid-term organization and management changes that will enable the United States to realize the longer-term interest in space. It is important to note that we were not asked to evaluate specific space programs and capabilities. However, we examined several programs as case studies to understand how organizational and management issues affect national security space programs. The members of this commission were appointed by the chairmen and ranking minority members of the House and Senate Armed Services Committees and by the Secretary of Defense, in consultation with the Director of the Central Intelligence Agency. We met 32 times over the course of the 6-month life of the commission. To augment our own experience in national security space we met with 77 present and former senior leaders in national security space in Congress, the Department of Defense, the intelligence community, NASA, and the aerospace industry. In addition, we met numerous times with the members of other commissions such as the NIMA and NRO commissions. The Department of Defense and the National Reconnaissance Office provided the commissioners access to a number of classified space programs. Moving to the commission's conclusions, findings, and recommendations, Mr. Chairman, the commission reached a number of unanimous conclusions regarding our national security space program. From those conclusions, we developed specific findings and recommendations, and I would like to begin by summarizing our broad conclusions for the subcommittee. The commission concluded that the security and well-being of the United States, its allies, and friends depend on the Nation's ability to operate in space. We believe it is in the U.S. national interest to promote the peaceful use of space, use our potential in space to support U.S. domestic, economic, diplomatic, and national security objectives, and develop and deploy the means to deter and defend against hostile acts directed at U.S. space assets and against the use of space in ways hostile to U.S. interests. The pursuit of our national interest in space requires active involvement by the President and responsible senior officials. We urge an early review and, as appropriate, revision of the national space policy. The policy should provide direction and guidance to departments and agencies of government to first employ space systems to help speed the transformation of the U.S. military into a modern force able to deter and defend against evolving threats directed at the American homeland and its forward-deployed forces, its allies, and its interests abroad and in space. Further, this guidance should help develop revolutionary methods of collecting intelligence from space to provide the President the information necessary to direct the Nation's affairs, manage crises, and resolve conflicts in a complex and rapidly changing international environment. Additionally, it should shape the domestic and international legal and regulatory frameworks for space to assure U.S. national security interest and to enhance the competitiveness of our commercial sector and the effectiveness of the civil space sector. Additionally, it should promote government and commercial investment in leading-edge technologies to assure the U.S. has the means to master operations in space and compete in the international markets, and finally, create and sustain within the government an educated and trained cadre of military and civilian space professionals. The U.S. Government is becoming ever more dependent on the commercial space sector to provide essential services for national security operations. To assure the United States remains the world's leading spacefaring Nation, the government has to become a more reliable consumer of U.S. products and should invest in technologies to field systems one generation ahead of what is available commercially in the U.S. and enable unique national security requirements to be met. Additionally, we should encourage the U.S. commercial space industry to field systems one generation ahead of international competitors. Now, the relative dependence of the United States on space makes our space systems attractive targets. Many foreign nations and entities such as international consortia are pursuing space-related activities. Those hostile to the United States possess, or can acquire on the global market, the means to deny, disrupt, or destroy U.S. space systems by attacking the satellites in space, the communications links to and from the ground, or the ground stations themselves that command the satellites and process their data. Therefore, the United States must dedicate sufficient intelligence collections and analysis resources to better understand the intentions and capabilities of potentially hostile states and entities. We must take seriously the possibility of an attack on elements of U.S. space systems. Today, such an attack may seem improbable and even reckless. However, as political economist Thomas Shelling has pointed out, ``There is a tendency in our planning to confuse the unfamiliar with the improbable. The contingency we have not considered looks strange; what looks strange is thought improbable; and what is improbable need not be considered seriously.'' I need not remind folks that history is replete with instances in which warning signs were ignored and change resisted until an external, improbable event forced resistant bureaucracies to take action. The question is whether the United States will be wise enough to act responsibly and soon enough to reduce U.S. space vulnerability. If our leaders ensure the Nation's vulnerability is reduced, and that the consequences of a surprise in space are limited in their effects, we are less likely to experience a space Pearl Harbor. Mr. Chairman, these are our broad conclusions. What I would like to do now is report our main findings and recommendations. Finding number 1. Because our national security depends on our ability to operate successfully in space, U.S. space interests must be recognized as a top national priority. Only the President has the authority to set forth the national space policy and provide the guidance and direction senior Government officials need to ensure the United States remains the world's leading spacefaring Nation. Only presidential leadership can assure the necessary cooperation of all space sectors, commercial, civil, defense, and intelligence. The commission made two recommendations to enhance presidential attention to national security space matters. First, the President should consider establishing space as a national security priority. Second, the President should consider the appointment of a presidential space advisory group to provide independent advice on developing and employing new space capabilities. Finding number 2. The United States Government is not properly organized to meet the national security space needs of the 21st century. After examining a variety of organizational changes, the commission concluded that a number of disparate space activities should be promptly merged, chains of command adjusted, lines of communication opened, and policies modified to achieve greater responsibility and accountability. Only then can the necessary tradeoffs be made, the appropriate priorities be established, and the opportunities for improving U.S. military and intelligence capabilities be realized. Only when properly managed with the right priorities will the United States' space programs both deserve and attract the funding that is required. The commission made several recommendations regarding management and organization in the national security space arena. First, the President should direct that a senior interagency group for space be established and staffed within the National Security Council structure. The current interagency process is inadequate to address the growing number, range, and complexity of space issues. We need a standing interagency process to focus on policy formulation and coordination of space activities pertinent to national security, and to ensure that representation on domestic and international forums effectively reflects U.S. national security and other space interests. Second, we recommend that an Under Secretary of Defense for Space, Intelligence, and Information should be established. Until space organizations have more fully evolved, the Office of the Secretary of Defense would benefit from having a senior level official with sufficient standing to serve as the advocate for space within the Defense Department. This official would be assigned responsibility to oversee research and development, acquisition, launch and operation of space intelligence and information assets, coordinate the military intelligence activities within the Department, and work with the intelligence community on long-range intelligence requirements for national security. Third, we recommend that the Secretary of Defense should end the practice of assigning only an Air Force pilot to the position of CINCSPACE and CINCNORAD, and assign responsibility for the command of Air Force Space Command to a different four- star officer. This will allow CINCSPACE to focus on providing space-related services to include computer network defense and attack missions in support of the operations of other CINCs, and national missile defense. A further recommendation was that the Air Force should be assigned Title 10 responsibility for space and designated the executive agent for space within DOD, and the Air Force should realign headquarters and field commands to more effectively organize, train, and equip for prompt and sustained space operations. This involves bringing together the Air Force organizations responsible for requirements, research and development, acquisition, and operations for space systems into a single organization. Organizing, training, and equipping for military operations is the responsibility of a military service. In the future, a space corps, or a separate space force may best meet this responsibility. In the near term, the commission believes that a realigned, rechartered Air Force is best suited to organize, train, and equip space forces. The Army and Navy should continue to establish requirements and develop and deploy space systems unique to their services. A further recommendation was to assign the Under Secretary of the Air Force as the Director of the National Reconnaissance Office, and designate the Under Secretary of the Air Force as the acquisition executive for space. We believe the Department of Defense would benefit from the appointment of a single official within the Air Force with authority for the acquisition of space systems for both the Air Force and the NRO based on best practices of each organization. Our final recommendation under this finding was that the Secretary of Defense should establish a Major Force Program (MFP) for space. An MFP would give the Department of Defense better visibility into the level and distribution of fiscal and personnel resources, thereby improving management and oversight of space programs. Finding number 3. The Secretary of Defense and the Director of Central Intelligence are the two officials primarily responsible and accountable for a national security space program. They must work closely to set and maintain the course for numerous and complex space programs, and to resolve the differences that arise between their respective bureaucracies. The commission recommends that the Secretary of Defense and the Director of Central Intelligence meet regularly to address national security space matters. Finding number 4. Every medium of transport--air, land, and sea--has seen conflict. Space will be no different. The broad outline of U.S. national space policy is sound, but the United States has not yet taken the steps necessary to develop the necessary capabilities to maintain and ensure their continuing superiority. Space is not simply a place from which information is acquired and transmitted, or through which objects pass. It is a medium, much the same as air, land, and sea. The United States conducts operations to, from, in, and through space in support of its national interest both on the earth and within space. As with national capabilities in the air, on land, and at sea, the United States must have the capabilities to defend its space assets against hostile acts, and to negate the hostile use of space against U.S. interests. Explicit national security guidance and defense policy is needed to direct development of doctrine and concepts of operations for space capabilities, including weapons systems that operate in space, and that can defend assets in orbit and augment current air, land, and sea forces. This requires a determined strategy for space which in turn must be supported by a greater range of space capabilities. Space offers advantages for basing systems intended to affect air, land, and sea operations. It is possible to project power from space in response to events anywhere in the world. For example, during a conflict, a military space vehicle could attack distant targets within a very short period. Unlike weapons from aircraft, land forces, or ships, space missions could be carried out with almost no transit, weather, or other delay. Having this capability would give the United States an extraordinary military advantage. Finding number 5. The United States must increase investment in science and technology resources. The U.S. Government needs to play an active, deliberate role in expanding and deepening the pool of military and civilian talent in science, engineering, and systems operation that the Nation will need. The government also needs to sustain its investment in enabling and breakthrough technologies needed to maintain national technological leadership. The commission made two recommendations to improve science and technology. First, the Secretary of Defense and the Director of Central Intelligence should direct the creation of an office of strategic reconnaissance to conduct research, development, and demonstration efforts on breakthrough technologies. Second, the Secretary of Defense should direct the Defense Advanced Research Projects Agency and the military service laboratories to continue to develop and demonstrate innovative space technology for military missions. Mr. Chairman, those are our findings and recommendations. In brief conclusion, the commission believes that its recommendations, taken as a whole, will enable the United States to sustain its position as the world's leading spacefaring Nation. Presidential leadership and guidance, coupled with a more effective interagency process, and especially with improved coordination between the Department of Defense and the intelligence community are essential if the Nation is to promote and protect its interest in space. We thank the subcommittee for its interest and leadership in this important arena. We look forward to working with you in the future as you consider the implementation of our recommendations. That concludes my statement, Mr. Chairman. [The following four documents: (1) prepared statement of General Fogleman; (2) ``Report of the Commission to Assess United States National Security Space Management and Organization''; (3) ``Executive Summary, Report of the Commission to Assess United States National Security Space Management and Organization''; and (4) ``Appendices: Staff Background Papers, Report of the Commission to Assess United States National Security Space Management and Organization'' follow:] Prepared Statement by Gen. Robert R. Fogleman introduction Mr. Chairman and distinguished members, it is our pleasure to appear before the committee today to report the findings of the Commission to Assess U.S. National Security Space Management and Organization, which I will refer to as the ``Commission'' from this point forward. This Commission was established in the National Defense Authorization Act for Fiscal Year 2000 and was directed to consider near-, medium- and long-term changes to the management and organization of our national security space program. We were specifically directed to assess: (1) The manner in which military space assets may be exploited to provide support for United States military operations. (2) The current interagency coordination process regarding the operation of national security space assets, including identification of interoperability and communications issues. (3) The relationship between the intelligence and defense aspects of national security space . . . and the potential costs and benefits of a partial or complete merger of the programs, projects, or activities that are differentiated by those two aspects. (4) The manner in which military space issues are addressed by professional military education institutions. (5) The potential costs and benefits of establishing: (A) An independent military department and service dedicated to the national security space mission. (B) A corps within the Air Force dedicated to the national security space mission. (C) A position of Assistant Secretary of Defense for Space within the Office of the Secretary of Defense. (D) A new major force program, or other budget mechanism, for managing national security space funding within the Department of Defense. (E) Any other change in the existing organizational structure of the Department of Defense for national security space management and organization. Shortly before the Commission began its work, the National Defense Authorization Act for Fiscal Year 2001 amended the Commission mandate, asking us also to consider the advisability of: (1) Ending the requirement for specified officers in the United States Space Command to be flight rated that results from the dual assignment of such officers to that command and to one or more other commands for which the officers are expressly required to be flight rated; (2) The establishment of a requirement that all new general or flag officers of the United States Space Command have experience in space, missile, or information operations that is either acquisition experience or operational experience; and (3) Rotating the command of the United States Space Command among the Armed Forces. scope of the commission's assessment Our charter was to assess the organization and management of space activities that support U.S. national security interests. Because we focused on national security space, our review centered on Department of Defense (DOD) and Intelligence Community space activities. However, we also considered civil and commercial activities to assess their relationship to and effect on national security space. The Commission examined the role of organization and management, with respect to national security space, in:Developing and implementing national-level guidance; Establishing requirements; Acquiring and operating systems; Planning, programming, and budgeting; and Meeting the needs of the national leadership and the military. We focused on near- and mid-term organization and management changes that will enable the U.S. to realize its longer-term interests in space. It is important to note that we were not asked to evaluate specific space programs and capabilities. However, we examined several programs as case studies to understand how organizational and management issues affect national security space programs. The members of this Commission were appointed by the chairmen and ranking minority members of the House and Senate Armed Services Committees, and by the Secretary of Defense in consultation with the Director of Central Intelligence. We met 32 times over the course of the 6-month life of the Commission. To augment our own experience in national security space, we met with 77 present and former senior leaders in Congress, Department of Defense, the Intelligence Community, NASA, and the aerospace industry. In addition, we met numerous times with the members of other Commissions, such as the NIMA and NRO Commissions. The Department of Defense and National Reconnaissance Office provided the Commissioners access to a number of classified space programs. commission conclusions, findings, and recommendations Mr. Chairman, the Commission reached a number of unanimous conclusions regarding our national security space program. From those conclusions we developed specific findings and recommendations. I would like to begin by summarizing our broad conclusions for the committee. The Commission concluded that the security and well-being of the United States, its allies, and friends depend on the nation's ability to operate in space. We believe that it is in the U.S. national interest to: Promote the peaceful use of space; Use our potential in space to support U.S. domestic, economic, diplomatic and national security objectives; and Develop and deploy the means to deter and defend against hostile acts directed at U.S. space assets and against the use of space in ways hostile to U.S. interests. The pursuit of our national interests in space requires active involvement by the President and responsible senior officials. We urge an early review and, as appropriate, revision of the national space policy. The policy should provide direction and guidance for departments and agencies of government to: Employ space systems to help to speed the transformation of the U.S. military into a modern force able to deter and defend against evolving threats directed at the American homeland, its forward deployed forces, its allies, and its interests abroad and in space. Develop revolutionary methods of collecting intelligence from space to provide the President the information necessary to direct the nation's affairs, manage crises, and resolve conflicts in a complex and rapidly changing international environment. Shape the domestic and international legal and regulatory frameworks for space to assure U.S. national security interests and to enhance the competitiveness of the commercial sector and the effectiveness of the civil space sector. Promote government and commercial investment in leading-edge technologies to assure that the U.S. has the means to master operations in space and compete in international markets. Create and sustain within the government an educated and trained cadre of military and civilian space professionals. The U.S. government is becoming ever more dependent on the commercial space sector to provide essential services for national security operations. To assure the United States remains the world's leading space-faring nation, the government has to become a more reliable consumer of U.S. products and should: Invest in technologies to field systems one generation ahead of what is available commercially in the U.S. and enable unique national security requirements to be met. Encourage the U.S. commercial space industry to field systems one generation ahead of international competitors. The relative dependence of the U.S. on space makes our space systems attractive targets. Many foreign nations and entities such as international consortia are pursuing space-related activities. Those hostile to the U.S. possess, or can acquire on the global market, the means to deny, disrupt, or destroy U.S. space systems by attacking the satellites in space, the communications links to and from the ground, or the ground stations that command the satellites and process their data. Therefore, the U.S. must dedicate sufficient intelligence collection and analysis resources to better understand the intentions and capabilities of potentially hostile states and entities. We must take seriously the possibility of an attack on elements of U.S. space systems. Today such an attack may seem improbable, and even reckless. However, as political economist Thomas Schelling has pointed out, ``There is a tendency in our planning to confuse the unfamiliar with the improbable. The contingency we have not considered looks strange; what looks strange is thought improbable; what is improbable need not be considered seriously.'' History is replete with instances in which warning signs were ignored and change resisted until an external, ``improbable'' event forced resistant bureaucracies to take action. The question is whether the U.S. will be wise enough to act responsibly and soon enough to reduce U.S. space vulnerability. If our leaders assure that the nation's vulnerability is reduced and that the consequences of a surprise in space are limited in their effects, we are less likely to experience a `Space Pearl Harbor.' Mr. Chairman, these are our broad conclusions. I would now like to report our main findings and recommendations: Finding 1 Because our national security depends on our ability to operate successfully in space, U.S. space interests must be recognized as a top national security priority. Only the President has the authority to set forth the national space policy, and provide the guidance and direction to senior government officials, needed to ensure the United States remains the world's leading space-faring nation. Only Presidential leadership can assure the necessary cooperation of all space sectors-- commercial, civil, defense, and intelligence. The Commission made two recommendations to enhance Presidential attention to national security space matters: First, the President should consider establishing space as a national security priority. Second, the President should consider the appointment of a Presidential Space Advisory Group to provide independent advice on developing and employing new space capabilities. Finding 2 The U.S. Government is not properly organized to meet the national security space needs of the 21st century. After examining a variety of organizational changes, the Commission concluded that a number of disparate space activities should promptly be merged, chains of command adjusted, lines of communication opened, and policies modified to achieve greater responsibility and accountability. Only then can the necessary trade-offs be made, the appropriate priorities be established, and the opportunities for improving U.S. military and intelligence capabilities be realized. Only when properly managed, with the right priorities, will U.S. space programs both deserve and attract the funding that is required. The Commission made several recommendations regarding management and organization in the national security space arena: The President should direct that a Senior Interagency Group for Space be established and staffed within the National Security Council structure. The current interagency process is inadequate to address the growing number, range, and complexity of space issues. We need a standing interagency process to focus on policy formulation and coordination of space activities pertinent to national security, and to ensure that representation in domestic and international forums effectively reflects U.S. national security and other space interests. An Under Secretary of Defense for Space, Intelligence, and Information should be established. Until space organizations have more fully evolved, the Office of the Secretary of Defense would benefit from having a senior-level official with sufficient standing to serve as the advocate for space within the Defense Department. This official would be assigned responsibility to oversee research and development, acquisition, launch and operation of space, intelligence and information assets; coordinate the military intelligence activities within the Department; and work with the Intelligence Community on long-range intelligence requirements for national security. The Secretary of Defense should end the practice of assigning only an Air Force pilot to the position of CINCSPACE and CINCNORAD, and assign responsibility for the Command of Air Force Space Command to a different four star officer. This will allow CINCSPACE to focus on providing space-related services, to include computer network defense and attack missions in support of the operations of the other ClNCs, and national missile defense. The Air Force should be assigned Title 10 responsibility for space and designated the Executive Agent for space within DOD; and the Air Force should realign headquarters and field commands to more effectively organize, train, and equip for prompt and sustained space operations. This involves bringing together the Air Force organizations responsible for requirements, research and development, acquisition, and operations for space systems into a single organization. Organizing, training, and equipping for military operations is the responsibility of a military service. In the future, a Space Corps or a separate Space Force may best meet this responsibility. In the near term, the Commission believes that a realigned, rechartered Air Force is best suited to organize, train, and equip space forces. The Army and Navy should continue to establish requirements and develop and deploy space systems unique to their Services. Assign the Under Secretary of the Air Force as the Director of the National Reconnaissance Office. Designate the Under Secretary as the Air Force Acquisition Executive for Space. The Department of Defense would benefit from the appointment of a single official within the Air Force with authority for the acquisition of space systems for both the Air Force and the NRO based on the ``best practices'' of each organization. The Secretary of Defense should establish a Major Force Program (MFP) for Space. An MFP would give the Department of Defense better visibility into the level and distribution of fiscal and personnel resources, thereby improving management and oversight of space programs. Finding 3 The Secretary of Defense and the Director of Central Intelligence are the two officials primarily responsible and accountable for the national security space program. They must work closely to set and maintain the course for numerous and complex space programs and to resolve the differences that arise between their respective bureaucracies. The Commission recommends that the Secretary of Defense and the Director of Central Intelligence meet regularly to address national security space matters. Finding 4 Every medium of transport--air, land, and sea--has seen conflict. Space will be no different. The broad outline of U.S. national space policy is sound, but the U.S. has not yet taken the steps necessary to develop the necessary capabilities and to maintain and ensure their continuing superiority. Space is not simply a place from which information is acquired and transmitted or through which objects pass. It is a medium much the same as air, land, or sea. The U.S. conducts operations to, from, in, and through space in support of its national interests both on the earth and in space. As with national capabilities in the air, on land, and at sea, the U.S. must have the capabilities to defend its space assets against hostile acts and to negate the hostile use of space against U.S. interests. Explicit national security guidance and defense policy is needed to direct development of doctrine and concepts of operations for space capabilities, including weapons systems that operate in space and that can defend assets in orbit and augment current air, land, and sea forces. This requires a deterrence strategy for space, which in turn must be supported by a greater range of space capabilities. Space offers advantages for basing systems intended to affect air, land, and sea operations. It is possible to project power from space in response to events anywhere in the world. For example, during a conflict a military space plane could attack distant targets within a very short period. Unlike weapons from aircraft, land forces, or ships, space missions could be carried out with almost no transit, weather, or other delay. Having this capability would give the U.S. an extraordinary military advantage. Finding 5 The U.S. must increase investment in science and technology resources. The U.S. government needs to play an active, deliberate role in expanding and deepening the pool of military and civilian talent in science, engineering, and systems operations that the nation will need. The government also needs to sustain its investment in enabling and breakthrough technologies needed to maintain national technological leadership. The Commission made two recommendations to improve science and technology. First, the Secretary of Defense and the Director of Central Intelligence should direct the creation of an Office of Strategic Reconnaissance to conduct research, development, and demonstration efforts on breakthrough technologies. Second, the Secretary of Defense should direct the Defense Advanced Research Projects Agency and the military service laboratories to continue to develop and demonstrate innovative space technology for military missions. conclusion The Commission believes that its recommendations, taken as a whole, will enable the U.S. to sustain its position as the world's leading space-faring nation. Presidential leadership and guidance, coupled with a more effective interagency process and especially with improved coordination between the Department of Defense and the Intelligence Community, are essential if the Nation is to promote and protect its interests in space. We thank the committee for its interest and leadership in this important area and look forward to working with you in the future as you consider the implementation of our recommendations. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Senator Allard. Thank you, General. I have some members here that have shown up. I want to recognize my ranking member, Senator Reed, for an opening statement if he so wishes. STATEMENT OF SENATOR JACK REED Senator Reed. Mr. Chairman, I will put my statement in the record. Prepared Statement by Senator Jack Reed Good afternoon. It is a pleasure to join with Senator Allard in welcoming the members of the Space Commission to the Armed Services Committee. I, too, want to thank each of you here today, as well as your colleagues who were unable to be here, for your service to Congress and the Department of Defense by sitting on this commission. Charged with examining the management and organization of space for today and the future, the commission looked both at national security space organization and issues, as well as the interactions between the military and the larger space community. The unanimous organizational recommendations of the commission's report would, if implemented, set the Defense Department on a course to have a more integrated, far more independent, space community. We look forward to discussing these organizational recommendations and the pros and cons of implementation. We are already aware of discussion and debate on several of the recommendations dealing with the organization and management of space including: the recommendation to have two acquisition executives for the Air Force; the recommendation to have the Air Force be the executive agent for space and have Title 10 responsibility to organize, train, and equip for prompt and sustained offensive and defensive operations in air and space; and the recommendation to create an Under Secretary of Defense for Space, Intelligence, and Information. Other recommendations appear to be less controversial such as: assigning responsibility for command of the Air Force Space Command to a four-star officer other than CINCSpace/ CINCNORAD; and ending the practice of assigning only Air Force flight-rated officers to the position of CINCSpace/CINCNORAD. The commission recognizes that both the military and civil uses of space will increase and that the U.S. Government's reliance on space for national security will become more closely tied to commercial space assets. As a result, the United States must prepare for this growing global dependence and reliance on space. Potentially, one of the most important recommendations in the commission's report is the need for the United States to participate actively in shaping the space legal and regulatory environment. The commission concluded that in order to protect the country's interest, the United States must promote the peaceful use of space, monitor activities of regulatory bodies, and protect the rights of nations to defend their interests in and from space. The commission examined United States objectives for space and how to organize and manage for future national security space issues. We look forward to discussing all of the commission's conclusions and organizational recommendations. Senator Allard. Senator Smith, my predecessor on this subcommittee, I wonder if you have any comments. STATEMENT OF SENATOR BOB SMITH Senator Smith. Just briefly, Mr. Chairman. I thank you for your continued leadership on space issues. I certainly thank the members of the commission. Senator Wallop, it seems funny to see you on that side of the table. How does it feel over there? Senator Wallop. A little bit freer. [Laughter.] Senator Smith. Although this happens to be the Armed Services Committee, space offers so much more to the Nation, as you all know, than just defense. Over the years we have seen commercial products as simple as velcro spin out of the space program, so we have come a long way. Global Positioning System (GPS) is another. I'm sure Senator Akaka, who is a member of the Armed Services Committee, would be very interested in how he might be able to get to Hawaii in 45 minutes on a space plane. There is all kinds of domestic application, but militarily, after 42 years as a spacefaring Nation, I think it is time that we stepped back and assessed our space organization just in terms of how it affects the national security and, as your report points out, we know from history that every medium--air, land, and sea--has seen conflict, and reality indicates space will be no different, and that is true. The candlemakers opposed Edison, and so I expect that we will probably have a lot of opposition, but we are on the cutting edge. We are right; I think we will look back at this time 20 or 30 years from now, and we will then be proven right. We have accomplished a great deal from what is ultimately the high ground. Ronald Reagan certainly led the way in terms of the military application, but as we posture for the future there is a lot more we need to do. We need to defend our space-based information superiority, we need to deny our adversaries that same capability to use against us, and we need to develop better ways to leverage the potential of space to be more capable and cost-effective, and most of all we need a strong advocate for military space. We appreciate all the work of the commission. You are the Nation's experts. As a matter of fact, I talked to your former chairman, the Secretary of Defense, this morning about this very thing. It was a very interesting conversation. I am proud of your efforts and look forward to working with you. Thank you, Mr. Chairman. Thank you for your leadership. Senator Allard. Thank you for your leadership in this issue. Senator Sessions. STATEMENT OF SENATOR JEFF SESSIONS Senator Sessions. Just briefly, I think I can recall what Secretary Rumsfeld said at the hearing, the question was something like, do we really have to take warfare to space, and he said, ``We have had warfare on the land, we have had warfare on the water, we had warfare in the air, and we are going to have warfare in space, and we need to be prepared to prevail in space, and we have that capability, and we must maintain superiority there.'' Mr. Chairman, thank you for calling this hearing, and I look forward to hearing the testimony. Senator Allard. I thank the Senator from Alabama. I want to start the questioning with a general question. I just want to ask the members of the commission what they thought was the most problematic aspect of the current approach to U.S. national security space management and organization. General Fogleman. The most problematic? Senator Allard. Yes. General Fogleman. Does anybody want to take that before I do? Mr. Graham. I have one comment on that. I remember reading the history of the Army Air Corps developing in the Army, and the struggles they had in the 1920s and 1930s being recognized as an important discipline to our national security, at the same time they were developing aircraft technology tactics and strategy for aerial warfare. I think today we face some of the same challenges with space, which is now largely embedded in the extremely competent part of our military forces, the U.S. Air Force, but one that has come from origins of air warfare and is still largely developed and devoted to air warfare. We are very fortunate we do have such a competent fighting force. At the same time, they necessarily have an ambivalence on the role of space because of that, and because of their focus historically on air power. Therefore we believe it is very important, I believe, at least, that it is very important that the Air Force also acknowledge the necessity of developing a cadre of officers competent in space and space-related activities: tactics, research and development, systems and so on, and that the Air Force nurture and promote that cadre. To do that we suggest that the Air Force look to the model of the nuclear Navy. The nuclear-propulsion Navy inside the U.S. Navy is not a corps, and it certainly is not a separate service, but it is very much a distinct cadre of extremely competent and capable people. We thought the Air Force might use that as a guide to develop the space capability along with, and not to diminish, but in parallel with its air-fighting capability. To my mind, even though I am an engineer and a scientist, I thought that was one of the most important concerns we have today, and one of the most important recommendations of the commission. Senator Allard. Thank you. In light of this question, maybe I ought to give other commission members an opportunity to make any comments they may want to have as far as the commission report is concerned. Senator Wallop. Senator Wallop. Thank you, Mr. Chairman and Senator Smith. Thank you for having the foresight and energy to essentially establish this commission, because I think it was a help. What we found was the Nation with all kinds of space skills and no space focus, no place, no organizational structure around which it could focus, no place for a champion. Congress reflects that. Minimally it requires six committees to get anything approved for space, as many as 16, it can be, and Congress is merely a reflection of the executive branch's lack of focus on it. Most of the commission's recommendations go towards streamlining that and putting sites of attention in place, beginning with the Office of the President, because absent the strong advocacy from the Office of the President, the same chaos we currently have will prevail. But one of the things that has not been mentioned and needs to be is, there is a little bitty paragraph in here about Congress. I was anxious to be more aggressive in that, but my colleagues were more tender-hearted towards those who had established us. But seriously, Congress does need to look at how it views space and how it organizes itself to do that, because there is no space champion. I mean, Senator Smith, you have been, but there is--the ability for Congress to focus between the two Houses, let alone within each House, is virtually nonexistent. You have the Budget Committee, Senate Armed Services Committee, Senate Appropriations Committee, Select Committee on Intelligence, Commerce Committee, and on and on, all of which have slightly different views. If the Nation is going to come together, and what we hope will reflect what comes out of the executive branch, Congress needs to look inward and see if it can't perhaps establish a little, joint commission or committee between the two Houses to make recommendations to the major committees. But my own view would be that, having served on both the Senate Select Committee on Intelligence and the Senate Armed Services Committee, I believe the Senate Armed Services Committee ought to be the sole authorizing body, that the Select Committee on Intelligence ought to be oversight, and that there ought to be cross-fertilization of membership that would make it possible for those who are on the Intelligence Committee to be heard in the process of authorization and appropriations. But we just have to streamline this process. Senator Allard. General Moorman, did you have any comments on problematic aspects of what is happening now, or maybe even on the commission report generally? General Moorman. General Fogleman covered the breadth of our report pretty comprehensively. I thought I might touch on a couple of thematics to put into context our findings and recommendations, and one of them speaks to what Senator Wallop said. Given the criticality, dependency, our vulnerability, and the absolute importance to space for our economy, as well as our national security, a way of thinking about our organizational recommendations and our themes is that in all cases we raise the level at which space was considered within the bureaucracy. As Senator Wallop spoke to, it starts with the President and the national space policy, but that is an extremely important theme. We concluded that there was not focus, and the focus certainly was not at a high enough level. Another thematic, which I personally believe needed attention, was the issue of the interdependency of the various space sectors. It is a part of the criticality of space to the country that Senator Smith pointed out in spades, and that is that we have four space sectors: military, intelligence, civil, and commercial. Our commission primarily addressed the military and the intelligence sectors, but our group was fairly critical of the interagency process that we have seen over the course of the last 10 years or so in addressing critical space issues that affect all four of those sectors. If you consider those sectors as in a Venn diagram, they are all converging, and almost all issues have some implication across those four sectors. We have to do a better job in working the intra-agency process. A third issue or thematic that I would like to emphasize General Fogleman spoke to, that is the issue of the science and technology resources of the country and the industrial base of the country. The words that we use in the report are, the U.S. Government must pay attention to stimulating the industry and ensuring we have the proper training and talent to continue to be the premier spacefaring nation in the world. We saw in the course of our study some significant erosion in that position over the past several years. Finally, space in a strictly military sense is absolutely crucial to the transformation of the U.S. military. I think over the course of this congressional cycle you are going to hear a lot about transformation and a lot about revolution in military affairs and those kinds of things. Every one of the vision documents and every one of the concepts of operations all depend upon space as the enabler for information or decision superiority. So again, I want to join General Fogleman and Senator Wallop in commending you, Senator Smith, for getting this going and Congress for shining a bright light on this crucial issue. Senator Allard. Mr. Davis, did you have anything you would like to add? Mr. Davis. Yes, sir, just a few comments. The conclusions of the commission were unanimous. I am as appreciative as anybody else for work that Senator Smith and this committee took. It is important for the country. But I am a little concerned as we look across the four sectors of space, military, intelligence, defense, and civil. General Moorman mentioned the civil and the interagency process, we are maybe not focusing enough on the commercial sector. I say that because we are a commission that focused on the organization and management of the U.S. Government side of all this. The Defense Department and the intelligence community do not invent technologies, they do not design satellites, they do not build space hardware. Increasingly the commercial world is operating space hardware on a contract basis for the Defense Department, and that is fine, but that is a critical role for the commercial sector. I went through the report, and these are just simply quotes straight out of our report in terms of our conclusions with regard to the commercial sector, and they are not presented as such in one place, but when they are taken together, I think it is a fairly compelling statement. The first quote is that ``the U.S. Government has no comprehensive approach towards incorporating commercial and civil space capabilities into its national security space architecture.'' Second, ``the U.S. Government does not have well-defined policies to enhance the competitiveness of the commercial and civil industries.'' Third, ``privatizing the maintenance and operations of the launch infrastructure is a valid consideration as long as the U.S. Government retains control of certain governmental functions such as critical safety decisions.'' Fourth, ``the U.S. industry deserves timely responses from the U.S. Government in the approval or denial of licenses. Unfortunately, the current process produces long delays in licensing approval. Delay is damaging to U.S. industry in today's fast-paced international markets.'' Fifth, ``DOD builds capabilities that could be perhaps more economically provided by the commercial sector. DOD should buy commercial services and products unless a unique requirement can be justified.'' There is imagery, communications, launch infrastructure, several areas. Finally, and it basically summarizes all of these, ``the U.S. Government as a consumer, a regulator, or an investor is currently not a good partner to the national security space industry.'' So my point in all this is that we were not invented to go address the relationship of the commercial sector. As Congress and this committee in particular are considering the approaches that must be taken and the legislation that must be passed to implement the commission's findings, you must pay special attention to how these are going to play out, because ultimately the government can structure itself however it wants, but industry is going to have to go build and operate much of what the government needs in the future. General Fogleman. Sir, I would just very briefly say the following. There were problematic issues on two levels. One was a strategic level, the other a tactical. On the strategic level it has been stated across the table here from the commissioners there was just a lack of high-level focus at the national level to bring this together. If you go look at our space program, an analogy for an aviator is that in terms of national attention and focus, this thing is on auto pilot. It is what is going on within each stove pipe. There is no real focus, and we try to address that. On the tactical level, and here we get down within the Air Force, I think there was a real lack of appreciation of the uniqueness of space, and it was not that anybody was trying to be evil. I think it was that folks were trying very hard to integrate space and air operations, but again, it is analogous of what happened with the U.S. Army Air Corps and the United States Army in the 1920s and 1930s. We all know the stories. Aviators were looked upon just the same as any other officer, or any Army officer. There were years that they still had to wear their spurs when they went to fly or they were out of uniform. Well, we think we picked up on a few of those kinds of things, and so on that level this appreciation of the uniqueness of space was really what drove us to make some recommendations relative to organization and management. Senator Allard. Mr. Graham, I expanded the question a little bit after you made your comments. Did you have anything further you wanted to say? Mr. Graham. No, Senator. Senator Allard. Let me go ahead and call on Senator Reed now to ask questions. Senator Reed. Thank you, Mr. Chairman. Thank you, gentlemen, for your great work on the space commission. Let me raise a general question, and ask you to respond. Is it your recommendation that the United States should have the ability to develop and deploy the means to defer and defend against hostile acts directed at our space assets, and also against the use of space hostile to the United States and our national interests? Many might read this as a mandate or a strong recommendation to weaponize space. Is that your conclusion that we do that? General Fogleman, you might start, or General Moorman. General Fogleman. Tom, do you want to start? General Moorman. No, we do not see it in the context of a mandate. I think Senator Smith mentioned it and others. We made a major point in our findings to take a historical sweep and look at the fact that every medium has been an arena for conflict, and if that is in the future, and because of our tremendous dependency and our vulnerability, we must develop the capability to deter and to defend. In the view of the commission, it is irresponsible not to worry in that kind of context. But no, the emphasis in our report was not weaponization of space, but rather to make sure that we can deter and defend our critically vulnerable assets now, and things which we are tremendously vulnerable. Senator Allard. General Fogleman. General Fogleman. Yes, Senator. I think what we were really trying to do here was alert people to the fact that the ability to restrict or deny freedom of access to operations in space is really no longer limited to global military powers. This capability can be bought. This capability is being talked about by folks today. One of the things that we quote was a July 2000 news agency report that China's military is developing methods and strategies for defeating the U.S. military in high-tech and space-based future wars. We went back and looked, for instance, at the pager incident here in the United States, and while we have no reason to believe that that was a hostile act, interestingly enough we have no way to prove that it was not. We talked to the Commander in Chief of the Space Command, he confirmed that that is the situation today, and we think that this is unacceptable. I think if you were to ask us to prioritize what are the things that we want to do first to start us down this path, the first thing that we believe, and I think I speak for the entire commission here, is that we need to improve our space situational awareness. That used to be called space surveillance, but it is the idea that the United States of America ought to know any time anybody sends something into space, what it is, what its function will be, and we ought to be able to track that at all times. That is the beginning, situational awareness. Senator Reed. How far are we away from that capability? General Fogleman. I would tell you again, based on testimony, this is a capability that is eroding every day. We have a space surveillance system. It is inadequate because, of course, more and more objects are being put into space. It is taxing old technology and, quite frankly, again, General Moorman and others here may have more technical knowledge of this, but this to me is an area in which we need to invest some money. General Moorman. Can I approach that for a bit, Mr. Chairman? You asked a question, a pretty provocative question at the beginning about what is problematic. In my view, the thing I worry the most about in this context is exactly what General Fogleman is talking about. That is that right now, because our space situational awareness has eroded, and it never was all that great, our tendency will be to explain away events as natural phenomena. As General Fogleman points out, the ability of a multitude of countries, or non-state actors to interfere with these assets is here today. I just want to reinforce what General Fogleman said. I worry that we will not be able to do that without significant investment. If I had to put at the top of the list the thing that you want to do to be able to go down that path to better deter and defend, it is to understand what is going on up there, and what the threats are to your systems. Senator Wallop. Senator, could I just make a few quick observations on that, because it is a good question, and the language of it is always troublesome, but the right of self defense has never been argued in this world in any of the treaties or any other place. We have seen, I think General Fogleman or General Moorman mentioned, that the Chinese had it in the papers, that they were going to try to develop the ability to interfere with our military capacity, but this country's dependence on space for its civilian commercial status is enormous, to say nothing of its military status. We see, for example, the Russians marketing a little thing that--there are photographs of it--that can neutralize GPS. It does not have a big area of effect, but if you were to walk into the middle of Kennedy Airport and affect GPS, you would play havoc with the stuff, our banks, our stock markets, our telecommunications, all kinds of other things, so the more dependent we are, the more vulnerable we are, the more certain it is we are going to have to find the means to defend these assets. Going way back to Eisenhower, there has always been the statement that we will not yield sovereignty. An attack on any of our assets in space would be viewed as an attack on national sovereignty. It is the same thing we do in the seas. We talk about the peaceful oceans and provide it by use of our military powers. We secure it for a lot of other nations besides ourselves. At some moment in time we are going to have to realize our dependence on it has grown to such an extent that, were we to walk away from it, we would create a vulnerability the likes of which this country has probably never known. Senator Reed. Thank you. Mr. Davis. Mr. Chairman, might I add one comment to that? There is an American in space right now as we are sitting here, and unless the universe as we know it changes drastically there may well be an American in space from here on out with the space station up there. I think it is in the American psyche that, wherever we are in the world, as long as we are law-abiding citizens and going about our business, that if we get in trouble the State Department will show up to ask a question about us and, if necessary, the Rangers or somebody will be sent in to get us, and that is the typical American attitude, I think, if you go out and talk to somebody on the street. How do we do that in space? It is an issue to grapple with. There is an American there now, and most likely will continue to be an American there. Weapons in space does not necessarily mean a physical weapon in space. When we talked about space in the commission, we talked about end-to-end, ground-to-ground, and it is into, through, and from space. The simplest solution to a space problem may be to attack a ground station here on earth, or some other approach to some system problem that affects space, so it is simply not necessarily ordnance in space when you talk about the ability to protect American interests, but that is a problematical issue, Mr. Chairman, as you define it. Mr. Graham. Senator, I think Senator Wallop has put this in the right context, first, that the U.S. does have both an obligation and a right to protect ourselves from hostile uses of space and, second, in drawing the analogue with our Navy, one can argue that our blue water Navy has militarized the oceans. I would not object to that characterization, but I certainly would point out that the safest regions of our oceans and the international oceans generally are where our U.S. Navy has a presence, and the most dangerous regions of the oceans are where they have the least presence. I believe space will be much that way as well. In fact, for example, if the Iraqis had been able to observe, from space or otherwise, the left hook formation that we used in the Persian Gulf War so successfully, that would have been a much more bloody battle with questionable outcome had they had the assets to observe that from space, I would at least have argued that we should have taken them out, either by ground communications or by space systems, if necessary. So I come to the view that having the U.S. able to protect its interests is the dominant issue, and that has, in fact, served the purpose of the peace for going on two centuries now, and that we should do that in space, and that may from time to time require placing weapons in space, and in those circumstances we should by all means do it. Senator Reed. Thank you. My time has expired. Thank you, General. Senator Allard. Thank you. Senator Smith. Senator Smith. Thank you, Mr. Chairman. Mr. Graham, let me just pick right up on that. I think, I guess, we might take the view that if somebody's going to militarize space, it might as well be us, since we know that we will use it for peaceful purposes as opposed to the purposes of some other aggressor nation. I think we also have to be careful to draw a distinction, as I think we always do--we talk about weaponization of space between defensive weapons and offensive weapons. It may come to offensive, but what we are looking for right now for the most part in the immediate future are defensive, such as the space- based laser which can nail a missile in the boost phase, and I think, I guess, as we talk about those types of capabilities, I think we need to look at whatever impediments there may be in international law on that and maybe the panel could speak to that. Senator Wallop, I have heard you speak to it before, but do you see any impediments in international law that would cause us to have problems even in defensive weapons in space? Senator Wallop. The answer is, no, but we come perilously close to it on a number of occasions. Most of the treaty regimes that control the peaceful use of space and other things are essentially arms control, and arms control is for the prevention or the hoped-for prevention of hostilities, but there is nothing in arms control that says that if it does not control, and hostilities break out, that a nation must submit to defeat rather than defend itself. Going back to Eisenhower, they asserted that there is no prohibition on nonaggressive military activity in space, and that was after the Soviets launched Sputnik, which they claim to have done us a great favor, because there was an argument as to whether your sovereign space was directly over your territory or whether, like in the sea, you have a 5-mile limit or something, and when the Soviets launched Sputnik and it went around the world, it automatically said that space is an ocean. It is a free place. The ABM treaty has limits. The outer space treaty all talk to it, but they do not prohibit military activity in space that is nonaggressive, and the commission is not sitting here suggesting that we start putting or posting nuclear weapons in space. Those are prohibited, but military weapons in space, defensive ones are not prohibited. Senator Smith. I think just to elaborate on that point a little bit, when you look at some of the technology we have in space satellites, commercial satellites, weather satellites, military satellites, you have them all up there, and if somebody has the capacity, whether it is Saddam Hussein--if Saddam had had that capacity in the Persian Gulf War, we could have been in some deep trouble, so I think we have to be careful in terms of the definition of offensive and defensive, in terms of, for example, to incapacitate some capability that Saddam Hussein or any other world leader might have to mess around with our communications. Senator Wallop. Senator, if I could just interject, the Indonesians, using stuff that is said to have been purchased at Radio Shack, are able to disable a Chinese satellite going over them on its routine daily cycle, so if we were to be denied the capacity of our surveillance satellites for warfare or for the prevention of warfare, that would clearly be of great concern. Senator Smith. Thank you. I wonder if I could just ask one more question, and see if I could ask if each of you could give me a specific response. You made a very strong point in your report that a big problem that we face today is a lot of catch-up budget shortfalls across the gamut, from readiness--you name it, military pay, all of it--and we have to make up that ground, and when you are trying to move forward into the future and get started, you talked about the budget shortfall, and you also talked about consolidating management, but to consolidate management is not enough, obviously. I wonder if you could give me a specific recommendation on what we would do to move--assuming we could consolidate management--that is, I suppose a big assumption, but assuming we could, pretty quickly, where should we go with dollars now, knowing that those dollars are going to be competing with other dollars out there now for the other priorities? Where should we go right now to try to get us started to get where Billy Mitchell was 70, 80 years ago, and move forward, to get our foot in the door budgetarily? Senator Wallop. Can I just have one quick word? Others are far more skilled than I am in the appropriations process, but the chairman, now Secretary, was frequently able to say in the middle of our hearings, you say that you do not get any money for space, but I am sitting here and asking the question, money for what? Part of it is, the lack of focus has never been able to bring us to the point where we went to OMB and said, we need money for this thing, to do this civic purpose, and a big part of the failure has been that we were not able to define what it was we would achieve out of that which we hoped to get appropriations for, and his feeling was much like the movie, Field of Dreams: ``If you build it, they will come.'' If we define it and can make the case for its use, we can probably get it approved and appropriated. General Fogleman. I have already, Senator Smith, alluded to one area that I think, if we are able to achieve savings, or even if there is additional money that comes clearly once there is national attention and priority and some focus on this people will see the departure point has to be this space information superiority idea, this idea that you have to know what is up there. That is a departure point for everything, and then you go from there, so I think improving the space situational awareness, at least from my standpoint and my background, would be the first place that I would start to put some dollars. Senator Smith. Good answer. Mr. Graham. Senator Smith, I would certainly look at some of the systems capabilities that space presents us. For example, ballistic missiles are already offensive weapons that transit space, so in that sense, space was weaponized by Werner von Braun and the Third Reich in 1944. However, space presents the opportunity to defend ourselves against those weapons, and I would certainly put much more emphasis on the space component of ballistic missile defense than has been put on to date. I would also try to extend our reconnaissance coverage of critical areas of the earth to a continuous surveillance so that we know what is going on not only on periodic revisits but on a continuous basis, making denial, deception, and so on much more difficult, but underlying all of this I would come back to the cadre issue. The first dollar I would put towards space from this point forward would be in making sure that I had a cadre of the best students our schools had to offer, with the best experience that our country has to provide them, to oversee and operate and develop our space systems. I think very good people can make a lot of things work--a lot of organizations and a lot of challenges, but if you do not have the best people there on a long-term basis, all the money in the world is not going to help. General Moorman. I want to concur with what my colleagues have said, particularly on the space surveillance area, and Dr. Graham's comments about a space cadre, and paying attention to the people issue, if I think about it in a programmatic and a non-programmatic or non-hardware context. I will add one on non-hardware that I think goes hand-in- glove with General Fogleman's comments on situational awareness, and that is on the people side of putting more emphasis on the analytical and assessment process of what is going on in space. On the programmatic side, I would add to the statements that have been made that our continued competitiveness in the space business on the commercial side is tied in many respects to the cost of getting into orbit. Right now it's extraordinarily expensive, and we have been very slow in being able to drive that cost down. There are programs on the books, but we continue to have to work on that, I believe. Then an area which is not a high-value thing, but has not had a lot of emphasis, and that is trying to protect your space assets. In this case I'm talking about space across the board, from the ground assets, to the launch, to the command and control, to the actual satellite, to the processing. We have to try to protect a little bit against what I would consider the cheap shot, or the inexpensive asymmetrical threats. Mr. Davis. Mr. Chairman, one other comment on that. I agree with General Moorman, especially on launch, and there are some things in the budget this year like orbital express and a small DARPA program, some innovative things I would encourage you to take a look at. But one area, I think is important, and back to my earlier comments, putting more with industry and relying on industry more, and I believe some funding increases initially will eventually pay for themselves in both communications and imagery. It is very difficult for military organizations to feel comfortable up front taking the chance of saying no, I'm not going to rely on military imaging, no, I'm not going to rely on military communications to support military operations, so the funds don't flow to purchase communications and commercial imagery as they should for the system to rely and say yes, in fact, we can rely on this, and take the Government assets and go be truly innovative and spend the savings to go do things that really push the state-of-the-art. So one of the places we need to consider putting some more money up front--and I know there is a proposal, and the money got diverted elsewhere, especially in imagery, was to go purchase more commercial imagery that is out there. There are some really tremendous commercial technologies out there that the Department just at the moment cannot take advantage of. Senator Allard. Senator Akaka. Senator Akaka. Thank you very much, Mr. Chairman. I want to say hello to the witnesses here, and it is good to see all of you here, and good to see Malcolm back on the Hill in a different capacity. I want you to know that in my tenure in Congress, when I was a Member of the House, I have taken an active interest in our space programs. As a matter of fact, I was a member of the House Space Caucus, and a chairman of the caucus, and Newt Gingrich replaced me as chairman of the caucus in the House, and so I am pleased to see that this report focuses on organization and management as a first step in assessing our current space policy with respect to national security. If I made any mark in the House, one was in the space program, and the bill that was passed when President Reagan was there was commercializing space activities, and it was a time when we were running out of money, and so the way to do it was to get the private sector involved in that, so this has been my interest in space, and it is now on this subcommittee. Of course, I am interested in national security, and how it can be worked into space programs. The commission report mentions several ways in which a nation or a terrorist group might restrict or deny access, or use of space, and currently available methods include denying access to ground-based reconnaissance targets, or masking their signatures, or attacking ground stations or jamming satellite communications, and this is my question. If we have limited resources, which threat should we focus on the most, low-tech risks, mentioned above, or space-based threats such as micro satellites or nuclear detonations in space? Can you respond to that? General Fogleman. Senator, I will take it initially, if that is good, and then I will ask my colleagues. I think that the primary area that we would probably want to start with is in this area of threat analysis. There simply has not been enough threat analysis done so that we can prioritize these threats. We can postulate how perhaps some nation that has a ballistic missile capability and a crude nuclear weapon could put a nuclear weapon into space and disrupt through radiation the ability of a whole range of satellites to operate. There is the terrorist-based threat, if you will, and so there are a variety of threats that have been described in general terms but, quite frankly, the hard analytical work really has not been done. It starts to tell you what is most likely, how should I go about starting to spend my dollars to defend that. I would put that out and see if any of the other commissioners have any specifics. Mr. Graham. I would agree with that very much, and say that it is going to be an issue of balance when it is worked out finally. This is chess, and when we move in one direction, our adversaries will move in another. As we make one aspect of our space capability secure, they will look for other areas where they are not so secure, and it will be our challenge as a country to keep a balance across our space assets both for survivability and redundancy and back-up capabilities and others, so that we do not have an Achilles heel in our space infrastructure. General Moorman. Senator, I had mentioned earlier a point that General Fogleman made about the analysis. I guess I would use an illustration to really hit this home, having been in this business my entire military career. During the Cold War, ironically enough we had a very large stable of space intelligence analysts, and it was all focused towards the former Soviet Union and, to a lesser extent, the Chinese. The irony--and that was a fairly unambiguous threat, if you will, a fairly understandable, discrete threat. Today, as has been pointed out by the commissioners, we have tens of countries that have very sophisticated different kinds of threats which are ambiguous, often, and the number of people who worry that issue has decreased to only a handful, a relative handful, so in this constrained budget arena, I want to add my voice to General Fogleman's, this is a good investment and something to understand. The second point is to reinforce what I said earlier; I would, given what Dr. Graham said, given that this is a never- ending spiral of action and reaction, that our first threat, once I understood the threat a little bit better, I would go after protecting against what I consider the easiest things for an enemy to interdict or threaten you and try to fix them. In many cases they may be relatively low cost, but we have not done that, that assessment in that kind of manner, and we need to do that. Senator Wallop. Just briefly, and it is not quite an answer to your question, but it bears paying some mind to, one of the recommendations of the commission is to find a way to become more dependent on the commercial sector, and the commercial has some interest in security because of the loss of payload and because of other kinds of reasons. If we are going to use them, we are going to have to either make it in their interests to have some security, or find out how to replace it should we lose it, and that is part of the analysis, but necessary if we are going to be increasingly dependent on the private sector for some of the things we need. General Fogleman. Mr. Chairman, I wonder if I might be able to come back and address--I know I spoke first on this issue, but if I could raise another issue that perhaps I failed to emphasize enough in my initial remarks, we as a commission believe very strongly that one of the biggest threats to future space capability may be the unintended consequences of well- intended people signing up to certain treaties and restrictions today that in and of themselves seem to be very innocent, and as you go down the road they could end up tying our hands in ways that would very much limit our ability to continue to be dominant. We talk about the fact that one of the reasons we are pushing for an interagency group of some sort that could actually formulate and coordinate activities is to ensure that our representatives that go to domestic international bodies that deal with these kinds of things really have a comprehensive feel for what the impact may be. We make that as a specific recommendation of one of the areas of interest that should be in there. General Moorman. If you will permit me, every time I hear something, it reminds me of something to illustrate the point. General Fogleman mentioned the signing up for treaties. In this same area of interagency, we need to be very mindful that there are periodically international fora that address critical space issues. We might be denied capability just because we got out voted, or did not prepare properly. I am thinking of things like frequency allocation, where we could have lost GPS frequencies, or orbital assignments, orbital placement, orbital slots, which get assigned internationally, and that is part of this process, of this interagency process that needs to address things. A shot is not fired, or an overt hostile action does not look apparent, but the impact of some of these decisions in the international fora has every bit the same effect. Senator Allard. Senator Nelson. Senator Bill Nelson. Thank you, Mr. Chairman. We just had the pleasure of meeting with your chairman earlier today, now our new Secretary of Defense, and that was a pleasure. Mr. Chairman, are we going to have an opportunity to go into any kind of executive session, where we could ask some more sensitive questions? Senator Allard. In this particular hearing we will not be going into executive session. I think later on, probably in the format of the full committee under Chairman Warner, particularly when we get into the authorization of our defense structure, we will move more and discuss some of those things under an executive format. Senator Bill Nelson. I have a number of questions in that area, then, but for purposes of this hearing. In your report, you say, ``to develop and deploy the means to deter and defend against hostile acts directed at U.S. space assets and against the uses of space hostile to U.S. interests.'' Tell me about what you mean, and what ought to be the provisions in the budget. We are starting to mark up the budget next week, and there is some concern. I have already discussed with Senator Domenici, the Chairman of the Budget Committee, as to whether or not we are going to have enough allocated in this markup for defense, so whatever you could share with us at this point would be most helpful. General Fogleman. Again, Senator Nelson, this is a question that was asked, but not precisely in that manner, but when asked what would be the first place you would want to spend some money if you wanted to get started on being able to provide this capability that you have pointed out that we spoke of, we believe if you are talking programmatically, from a hardware capability standpoint, that we must improve our space situation awareness, or what we have called space surveillance capability. That is, the ability to understand what it is that people are putting into space, what that spacecraft is intended to do, can do, etc. While we have a space surveillance system today, it is deteriorating. It is not keeping up. It is not giving us the kind of information that would allow national leadership to be able to discriminate between perhaps a space weather phenomenon and a hostile act, and it could then force you into a situation, as General Moorman earlier stated, where you intend to be springloaded, to assume that it was some kind of a natural act, or a non-hostile act, and that may get you into trouble. This is really starting to come out in our space wargames. We are beginning to see the more ambiguity that is associated with something that happens to vital overhead systems, the more likely that the participants will escalate and go to the next level more quickly, and so I think this whole area of space situational awareness, what we used to call surveillance, so that we can discriminate and understand what is really happening, would be an area that we would encourage money to be spent. Mr. Davis. Just a brief comment. I agree with everything General Fogleman said, and there were some comments about perhaps attacking the launch issue and getting launch costs down earlier, that General Moorman had brought up, but I just want to make a comment and be a little bit careful. The commission itself did not make any recommendations with regard to funding of any specific programs, and we talked about that. We spent many hours talking about that, as a matter of fact, so what you get today is a collective, probably unanimous opinion, but I just want to make the distinction that the commission did not recommend any specific funding adjustments in the budget. I would defer to General Fogleman here as our spokesman, but as the Government gets better organized and better managed there will be efficiencies and economies, and the better programs will bubble to the top and be candidates, would be the rationale. Senator Bill Nelson. What we have to do is make sure we have the resources to have the assets and the replacement for the assets there, and that decisionmaking process is starting immediately. Let me ask you this. After we lost Challenger, the whole idea of using the space shuttle for launching of payloads that you needed the man in the loop was changed, so that with expendables we would put up all of those payloads that you did not have to have the man in the loop. Recently, someone has suggested to me that that policy may be rethought, to start using the space shuttle again for defense payloads. Do you know anything about this and could you share any of your thoughts about it, as to why we ought to change the policy? General Fogleman. I would like to refer this particular question, Senator, to General Moorman, who was at the center of that decision process. I remember very well, because we were in the Pentagon at the time that the Challenger accident occurred, and it fell on his shoulders to sort through with NASA and with the Department of Defense and the people in the White House to come up with that, so I think he is best qualified to speak to it. General Moorman. With that lead-in, I am a little nervous to say I am not sure I know what is going on in the building today on that particular issue, but you have accurately stated the background, and you lived it. A lot of your constituents are very involved in that business. I do not know where that is now. There was a movement when I was still on active duty to bring a specific payload onto the shuttle and one of the things that made it desirable, and I guess the only thing I can add to the debate, not being informed today what is going on, but the thing that made that desirable is that particular payload had been designed to be dual-capable. I think you know the background of that. The first thing that I would ask if I were still in the building and in that process is, are the military payloads dual-compatible, because as you recall--and you lived all of this as well--the cost to do the redesign for the shuttle is exorbitant, but having the backup to be able to put them on the shuttle is a desirable aspect, particularly if we have a series of accidents like we experienced a couple of years ago with the expendable launch fleet, but I apologize to you, sir, I am not aware today as to what they are talking about. Mr. Davis. Senator, there is a discussion I just happen to know about, about putting a defense satellite on the shuttle, and that is somewhat involved in how quickly the EELV is coming online or not coming online, and how quickly the payload is needed, but there are some things you need to keep in mind as you are thinking about anything that is man-rated, putting certain kinds of satellites in orbit. When the shuttle was originally going to carry military payloads there was a shuttle Centaur, and after the Challenger accident the shuttle Centaur was canceled, which meant that a lot of the geosynchronous orbit satellites simply could not get up there with any other final stage because there was not enough energy to go up there, so there are a whole host of issues about, even with the best intent on both sides from NASA and the Defense Department and the intelligence community, some satellites probably cannot get to where they need to get with a shuttle launch with the approval process that is in place right now. Then a second issue is, how much is it going to cost the Defense Department to do that, are they going to be charged only the incremental costs, are they going to be charged the full amortization cost of it, and there are numbers that are being--and these are part of the discussions going on in the Pentagon right now, is it $100 million to launch this satellite on a shuttle, or is it $250 or $300 million, and my guess is the Pentagon interest is greatly different, depending on whether it is a $100 million or $300 million answer. Then just a final comment. When the Challenger had its accident there were payloads that originally had been designed to go on an expendable launch vehicle in the national security community that then fairly large sums were spent to reconfigure them and the design process to go on the shuttle, and then there was the Challenger accident, and then additional large sums were spent to move it back to expendable. There are still people running around that remember that. Second, there are still people running around that remember the difficulties with not being able to have a shuttle Centaur, and then having to go back and figure out how they get their payloads into orbit, and then finally, the Defense Department, most people do not realize that--you all would, but as a defense supplemental, the Government-wide supplemental moved through, about $1 billion was moved out of the Defense Department and moved in to pay for the replacement, so there is a long history there, sir. Senator Bill Nelson. That is why I raised the question, really, to fire a shot across the bow that we do not need to be going back and changing this policy back and forth unless the national security is at stake, and then if that is the case, then let us pony up. Let us do whatever we have to. Senator Allard. Let me just interrupt here just a little bit. I have been told by the staff that the only payload that we had scheduled to go up was the DSP satellite, which was an early warning satellite, and everything else now is scheduled on the Titan IVs. Also, Senator Nelson, you had some questions you wanting to cover in a closed format. We can make arrangements, if you like, for you to meet, not in this hearing but afterwards, or at some other time. Then you could ask your questions, if you would like, at that particular time, because time is running out. Senator Bill Nelson. I will just defer until that point. Senator Allard. Very good. We are back on a second round of questions, and now let me ask this question about the role of the Air Force. Some people felt that the space assets and our national security space management issues were not that well-handled in the Air Force because they were focusing on Air Force issues and not space. Then in your recommendation you are recommending an increase in the Air Force's role and authority on national security management. Would you address that? General Fogleman. It may be self-serving for me to take the question, but I will start out, sir, if I could, because I think that the commission's finding on this is really related to the fact that we believe that space is eventually going to become a medium for combat much like air, land, and sea. We feel strongly that our Nation needs a military service to organize, train, and equip, with organize, train, and equip responsibilities for space if this is going to occur, the military functions required for deterrence and defense of our interest in space, and so for that reason I believe the commission ruled out of assigning any kind of space responsibility to a DOD agency or an Assistant Secretary of Defense for Space or anything of that nature. Another option would have been for us to create perhaps a Space Corps, or some kind of a new Space Department. We had a lot of debate, a lot of discussion on this, but in the end I think we came to a consensus that the step would have been premature at this time, quite frankly because there just was not sufficient space center mass, or the space cadre in place to justify a corps or a department. So that left us with the next best choice of assigning the responsibility to an existing service and, since the Air Force was the place that had over 85 percent of the resources in the space business, they already reside there, we thought that what we would do is focus on what it was that the Air Force needed to do to perhaps be a better steward of space, and so I would say that those were things that went into the decision. I would also say that the commission agrees that the Air Force's performance in space up to this point, there was a legitimate question. Whether it was perceived or a reality, there was a legitimate question, and so if the Air Force does not step up to their responsibilities, and if it does not step up to the recommendations in this commission report, then we think that that will actually hasten the day in which there will be a space corps, or there will be a separate department. I think I spoke for the commission on that, and that is fundamentally where we came from, Mr. Chairman. Senator Allard. Does anybody else want to comment further on that? OK, then. I would like to have you comment a little bit about the role within the Army and Navy as far as our space assets. There is some concern within these two agencies about their ability to protect some of their legitimate service base equities, and how would you recommend that the DOD address those concerns from the Department of the Navy and Department of the Army? General Fogleman. Again, I will field it and allow the other commissioners to grade my answers, but we discussed this, and I will tell you that one of the things that impressed all of the commissioners about our chairman was that he was meticulous in drawing out everyone's equity in this business, and he wanted to make sure that these issues were discussed. We had representation on the commission. We had two senior Army officers, retired Army officers. We had a retired Admiral, Dave Jeremiah from the Navy, so equities were represented around the table, but more importantly, as we went through the discussion we came to the conclusion that for the purposes of stating requirements and developing unique systems for those services, nothing would change. In other words, the Army and the Navy would still have the requirement to go out and develop their own requirements, develop their program. The only thing that changes under what we recommended was that their programs, if you will, would be reviewed by the Under Secretary of the Air Force, the head of the NRO, who is now the single acquisition authority within the Air Force and NRO for space matters, so that they could rationalize timing. For instance, one of our concerns has always been the Army and the Navy, the Army more than the Navy because the Navy does, in fact, involve itself with developing and launching constellations. Normally, the Army's involvement is more in terms of equipment to exploit satellites that are on orbit, and so the idea was, we want to make sure that the programs are synchronized, that when we put a satellite up there, that the using service has, in fact, bought the equipment to utilize it. So it was for that reason that we have this, not approval authority, but a rationalization and coordination authority that we recommended be part of this process. Bottom line, nothing changes for the Army and Navy other than the fact that they have to submit their programs for review. Is there anything anybody else would like to add? General Moorman. That is a comprehensive answer. I want to reinforce the issue of being concerned about the equities of the other services. We talked a lot about confidence-building measures. Some of the things that we thought about and talked about was the national security space architect function, which under our report we recommend gets folded underneath the Under Secretary of the Air Force and the DNRO. That is a joint activity, and we even went down to the point of getting joint credit for that activity to make sure the Army and the Navy would be induced to want to participate in that activity. Another area is a movement probably to make all of the common user satellite systems joint system program offices, and offering those opportunities for the other services. Finally, the creation of the Under Secretary of Defense for Space, Intelligence, and Information, if it were to be enacted, gives the other services a court to bring their case below the Secretary of Defense. When you have to raise it to that level it gets a pretty high threshold. So those are three of the things we did talk about, and I agree with General Fogleman, is because other than the one system the Navy builds today, the other services are primarily in the application, and in the buying of the terminals, and those still stay in their budget and still are totally within their purview. The only thing that changes is a review process through the Under Secretary, and Director, National Counsel's office. Senator Allard. Mr. Graham. Mr. Graham. Senator Allard, I agree with my colleagues, but I would reaffirm that what we tried to do with the Air Force was really acknowledge in a somewhat more structured way the authorities and responsibilities that the Air Force already has in space. At the same time, the role of the other services, the Army, Navy, and the Marine Corps in space was one of my greatest concerns in the way we were structuring it. It is not a small issue to address those concerns, and to try to do what we could to keep the other services from ignoring or underestimating the benefit that space could bring to them, we attempted to recommend that the service-unique capabilities, the ground equipment, or implementation equipment, for example, ship equipment, should be left with the services, the other services have the opportunity to propose and even develop satellite systems in which they have the majority of the equities, and that they also develop a cadre, undoubtedly smaller than the Air Force, but nonetheless skilled and experienced, in space-related activities. They can do that both through their own programs and through joint activities in the services, but personally one of my greatest worries about our recommendation, for which I have no solution, is that if we end up with an Army, Navy, and Marine Corps that in the long run is clueless about space, we are going to be greatly disadvantaged compared to what we could be. Mr. Davis. Mr. Chairman, the words my colleague used about the Under Secretary of the Air Force was review of Army, Navy, Air Force programs. I think that is the word. It is not dictatorial. The Air Force Under Secretary will not have authority over the requirements. Normal requirements process will still take place through the JROC and the other mechanisms that are there. I think one of the places in the report, we use the word harmonized, that the Under Secretary of the Air Force has the responsibility to harmonize. If that individual is not happy, he should immediately go to the Under Secretary of Defense to start working at the Secretary of Defense level, but it will cut both ways, because there have been instances in the past in the case of MILSTAR. The Air Force was funding MILSTAR, and one of the other services just unilaterally cut out the terminal money. Issues like that need to get sorted out at the acquisition stage. There is no point in buying a satellite if there are no terminals, and those issues need to be bubbling up in the process, and that is what this Under Secretary of the Air Force should be able to do. A second issue would be, one of the first programs, and we did not talk about this as a part of the commission, but clearly one of the first examples would be the Navy's MUOS program. That is a common user DOD space communications system who, under the new--if our recommendations are ultimately in place, would be responsible for doing that. There is nothing to preclude the Navy from saying, this program is so important we will budget it, we will set up the program joint office, and these offices are to be joint offices for the common user systems, and we will provide the 06 as the program manager, and that 06 would report, then, to the Under Secretary of the Air Force, who is ultimately the acquisition authority. So the services can have as large a role as they want to push in the system to do this, but it also works both ways, that the Under Secretary of the Air Force should have some clout, then, as the harmonizer of all these, to go back to the fellow services and say, you are not buying the terminals to step up to go with the satellite, if necessary. Senator Allard. Senator Reed. Senator Reed. Thank you, Mr. Chairman. General Fogleman, you have made it explicitly clear that you see space as a medium for combat. We might be in a unique historical position, because to my knowledge we have not had any classical combat yet in space, and that leads me to another important recommendation of the commission, which is to shape the regulatory and legal structures so that we have the peaceful use of space, which means, I recognize non-aggressive military use of space. Can you talk about, and your colleagues talk about, some of the proactive steps we can take to shape this legal and regulatory structure to perhaps seize this unique moment where we can set standards that will allow us to protect ourselves but not to encourage, accelerate the combat in space? General Fogleman. As you say, Senator Reed, I may be ill- prepared to be an advocate for this particular thing. I am not an advocate for combat in space, but my background is not technical, it is military history, and so I am afraid I am a bit of a pessimist, although I agree that we should seize whatever opportunity we can to further the peaceful use of space. I will defer to those who perhaps know more of the regimes that we might want to enter into, but again I think there was a very real, a very useful analogy made in which we talked about how we are an advocate for the peaceful use of the sea, and clearly there are protocols relative to the law of the sea, what you do with territorial waters, what you do with international straits, these kinds of things. I think there are parallels for what goes on in space, but I think first and foremost, as Senator Wallop said, one of the things that we who are responsible for the defense of this Nation need to make sure is that we do not find ourselves in a position where we lose our right of self defense, so I think whatever we would do we would want to keep that. Having said that, I would give anyone who would have a specific protocol, or whatever, that they would want to address--quite frankly, during the commission deliberations, and we did talk about this idea that we need to be proactive in shaping the international, legal, and regulatory environment, and we may have been a little remiss in not looking for what are the opportunities to shape this positively, and we were a little defensive about how, if we were not engaged, this unintended consequence could come down on us, and somebody who was well-intended, representing the United States Government but not with a coordinated space position, would sign up for something that in the end was detrimental to our country. Having said that, are there any other comments, Bill? Mr. Graham. Senator Reed, I think there are opportunities for working to peaceful cooperation in space. I would put them under a few categories, rules of the road being one, how to deconflict orbits, and other activities in space. Right now, when we fly the space shuttle, we keep an imaginary volume around it and in front of it, and maneuver the space shuttle as necessary so that it does not get too near objects that are up there. Well, the fewer, or the less junk that we and other countries put in space, the easier it will be for everyone to navigate in space, not only the shuttle, but all systems. Similarly, allocation of scarce assets in space is something we could have international cooperation on, orbital slots, particularly for geostationary orbits. Frequencies that are used for space communications are certainly a scarce asset. Safety from space objects. The Mir space station reentry is a good example of that. We cooperated with the Russians on the reentry of Mir, and the Russians planned it in such a way that they tried to avoid populated areas, and so on, and we helped track that and predict its reentry. I might mention as a footnote that, on the scarce assets, I believe Indonesia and Tonga got in a dust-up over certain geostationary slot asset allocations, and I think one of them ended up jamming the other satellite until they got it sorted out, so there has been a bit of a disagreement from time to time, where such actions as I described could be helpful. At the same time, personally, I would--and we did not discus this at length, although we did make a general reference to it--be very wary of getting into highly constraining arms control agreements, because I believe many of our potential adversaries do such agreements as, in fact, a vehicle of asymmetrical conflict against the United States, wherein they can be assured we will carry out any terms of these agreements to the most precise legal definition that can be made, whereas often they have no intention of adhering to these agreements. Senator Reed. For the record, Dr. Graham, that was not part of the commission's deliberations? That was not a conclusion of the commission? Mr. Graham. We concluded generally that the U.S. should be very thoughtful and careful about finding itself entangled or otherwise engaged in restrictive agreements, the implications of which we neither had the ability, nor had otherwise thought through carefully. I believe some of the space arms control agreements certainly fall into that category. Senator Wallop. If you look on the cover of our report, you might see how that represents an object in space that is known to exist, but I agree that our real purpose, as has been stated, this rules of the road, there are arms control agreements now which guide the peaceful use of space, but there are no really rules of conflict, and I think we would be remiss if we decided we wanted to sign up for those at those moment in time. Senator Allard. Here is the plan right now for the subcommittee. We are 5 minutes into a 15-minute vote. Senator Smith says he just has a very brief question. I think you have about finished your questions, and then what I thought we would do is go ahead and vote and then, Senator Nelson, give you an opportunity to ask--we will let you get to a place with some of the committee staff, and you can ask your questions that need to be asked off the record. Senator Bill Nelson. Senator, I have a conflict that I have to go to. I just want to ask one question for the record that might be responded by their staff. Senator Allard. Well, let us let General Fogleman quickly finish his response. General Fogleman. In one area that I am surprised my colleague, Mr. Davis, has not responded, Senator Reed, which I think is very important to help in the commercial arena, we have seen the first case of a fairly large-scale commercial constellation where the company has had financial failure, if you will, and a tremendous amount of liability issues associated with that. Who is responsible once you put that up there to deorbit it? What does this really do? I think these are areas where we could be very constructive, and be engaged in developing rules of the road not only for military, but in the commercial side of things, to help move us along. Senator Allard. Let me go ahead and call on Senator Smith. Mr. Davis. Back to your comment, Senator, about we have not had any conflict yet, General Fogleman pointed out earlier we do not know, because the weapons may not be bullets and bombs or photons and electrons, and that is critical that we are able to detect that and assess it, and today we cannot really do it. Senator Reed. I do not think anyone argues with your situational awareness point. That is the most immediate thing we can do and should do. Senator Allard. Senator Smith. Senator Smith. Mr. Chairman, given the time to the vote, I would yield my time to Senator Nelson. Senator Allard. Senator Nelson. Senator Bill Nelson. Well, bless your heart, Senator Smith. Senator Smith. You have had a little more experience in space than I do. Senator Bill Nelson. I would clearly yield it back, but just the timeliness of this question because of the budget, on page 28 of your report you say, ``appropriate investments in space-based capabilities would enable the Department to pursue,'' and then you list four things, ``improve space situational awareness, enhance protection defensive measures, modernize launch capability, and more robust science and technology program,'' and you list a host of things, and then you conclude by saying, ``providing those Departments the additional resources to accomplish these new missions should be considered as part of the U.S. national space policy,'' and if you could get your staff to respond to us, quantify that with a number, because we are going to be doing that next week, it would be most helpful. Thank you. Senator Allard. Thank you. Now we will go ahead and adjourn the meeting. I understand now you do not think you need this meeting. Senator Bill Nelson. That is correct. Senator Allard. But if at a future time you want to do it, we will see what we can do. I want to thank the subcommittee members. We tried to get this moving along. I want to thank the panel for their hard work, and I think this is a very helpful report, and the subcommittee will be reviewing it extensively and using it as a guideline. I expect the administration may very well want to use it as a guideline. We will keep the hearing record open for 2 additional days for any other comments or questions that need to be submitted, and unless there is anything else to come before the subcommittee, we will go ahead and call the subcommittee adjourned. [Below are questions for the record submitted by subcommittee members for this hearing. Due to the Commission to Assess United States National Security Space Management and Organization disbanding shortly before this hearing, answers have not been supplied for the record.] Questions Submitted by Senator Wayne Allard expanding air force dominance in space management 1. Senator Allard. Some have criticized the Air Force for not adequately advocating the development of space capabilities and organizations. The assertion is often heard that the Air Force does not want space power to compete with air power. To what extent do you agree with this view? 2. Senator Allard. In light of such concerns, how do you explain the commission's recommendations to increase the Air Force's role and authority in national security space management? integration 3. Senator Allard. Recently, the Air Force has focused on ``air and space integration'' rather than the development of a dedicated space cadre. DOD and the Intelligence Community have also focused on integration of air and space intelligence, surveillance, and reconnaissance (ISR) capabilities. How can we achieve the benefits of integrating space capabilities with other warfighting capabilities without diluting or undermining the unique aspects of space capabilities? space capabilities 4. Senator Allard. The commission's report concludes that, like air, land, and sea, space will see conflict at some point in the future. According to the report, ``the U.S. must develop the means both to deter and to defend against hostile acts in and from space. This will require superior space capabilities.'' Do you believe that we are currently doing an adequate job in developing such superior capabilities? space as military power versus military support 5. Senator Allard. The United States has looked to space assets primarily to support traditional warfighting capabilities rather than to provide new warfighting capabilities. Although concepts for deploying weapons in space are controversial--whether they be for missile defense, space control, or projecting power onto the surface of the earth--it may be essential for the United States to deploy such systems in the future in order to retain its current technological superiority. How important is it for the United States to develop such capabilities, and what would be the consequences if we do not? black-white space integration 6. Senator Allard. The commission made several recommendations to facilitate closer integration between the intelligence community and DOD. As a practical matter, how far would you envision such integration going? 7. Senator Allard. Would you advocate a complete merger of ``black/ white'' space? micro-satellite technology 8. Senator Allard. Micro-satellite technologies offer the promise of changing the way we conduct a range of current space missions, and may also help us develop a number of new capabilities. Did the commission have a chance to examine the promise of micro-satellite technology and the adequacy of the current DOD effort in this area? space-based radar 9. Senator Allard. In my view, the United States has the technological capability and the operational need to make significant improvements in space-based surveillance and reconnaissance. Space- based radar offers the possibility to have a global, 24-hour, all weather, system for tracking and collecting imagery of many classes of targets. Is this the kind of capability the United States should be developing to maintain our ISR advantage? commercial space 10. Senator Allard. I cannot agree more with your assessment, ``The U.S. Government, as a consumer, a regulator, or an investor, is currently not a good partner to the national security space industry.'' I also believe there is a disconnect between the rhetoric of the U.S. Government for its support and the funding for buys from commercial industry. I have seen your recommendations, but within those recommendation what specific steps can we do to rectify this situation? ______ Questions Submitted by Senator Strom Thurmond defense of space systems 11. Senator Thurmond. Although increased intelligence collection on our adversaries' intention against our space platforms is critical, it seems to me that the Nation has to be prepared to defend our space systems. What priority should the Nation place on developing anti- satellite systems to protect our critical space platforms? international cooperation 12. Senator Thurmond. Although I strongly support international cooperation on the use of space both for national security and commercial purposes, I am concerned that the spread of space technology will increase the risk to our country and our allies. Does the United States have the necessary controls in place to preclude the inadvertent loss of sensitive space technology? immediate priority 13. Senator Thurmond. I want to congratulate the commission on its series of findings. They are thought-provoking and focused on the development of a long-range space program to support our national security. Since the implementation of your recommendations will be a significant challenge, which of your recommendations should have the highest priority? ______ Questions Submitted by Senator Daniel Akaka 14. Senator Akaka. Many of the revolutionary changes and advances in technology called for in the commission report are parts of on-going research and development efforts. Programs in new launch vehicles, microsatellites, propulsion systems, and remote sensing are active. What is the biggest obstacle to technical advances in these areas: more funding, more people, or better management? 15. Senator Akaka. The commission report states that hostile actions against space systems can be confused with natural phenomena. Much research is being done to understand solar and geomagnetic activity, their signatures, and how they affect spacecraft. This work enhances our ability to predict and forecast potentially hazardous events. This is done to distinguish the cause of spacecraft malfunctions and mitigate adverse effects, as well as to simply understand our near-earth environment. This is basic, mostly university and national lab-based, research. This research not only advances our knowledge and ability to use space, but also trains many space scientists. Shouldn't this research have as much a priority as that given in your commission report for new technology and applied research and development? 16. Senator Akaka. The commission report places a large emphasis on military and intelligence research and development, which is important and vital to the Nation. But, a space policy and workforce will also include civilian and commercial communities. Do you think that emphasizing the military and intelligence aspect of U.S. space policy will discourage people who might be attracted to a career in space but do not want to work on military applications? [Whereupon, at 4:20 p.m., the subcommittee adjourned.]