Military Space Reform: FY2020 NDAA Legislative Proposals

Military Space Reform: FY2020 NDAA Legislative Proposals

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October 2, 2019
Military Space Reform: FY2020 NDAA Legislative Proposals
Introduction
1790, respectively) would support the Administration’s
At a National Space Council meeting on June 18, 2018,
proposal to create a separate military service for space;
President Donald Trump said, “I am hereby directing the
H.R. 2500 would authorize less funding to do so. Also, the
Department of Defense and Pentagon to immediately begin
House-passed FY2020 defense appropriations bill (H.R.
the process necessary to establish a space force as the sixth
2740) would appropriate the funding “to study and refine
branch of the armed forces.” One of the purposes for
plans for the potential establishment of a Space Force.” See
creating a separate military service for space is to protect
Table 1.
American interest in outer space. On February 19, 2019, the
President signed Space Policy Directive-4 (SPD-4)
Legislative Activity
directing the Secretary of Defense to submit a legislative
If Congress authorizes a U.S. Space Force, it would be the
proposal that would establish a U.S. Space Force, if enacted
first time a new military branch would have been
by Congress. In alignment with the President’s National
established since 1947, when Congress voted to create the
Security Strategy and the National Strategy for Space, the
U.S. Air Force. The origins of the current space force
Space Force is intended to secure the vital interest of
debate trace back to the Rumsfeld Commission in 2001. In
unfettered access to and freedom to operate in space while
the late 1990s, congressional concerns intensified regarding
expanding American dominance in the space domain.
the DOD and Intelligence Community’s (IC’s) management
Subsequently, on February 28, 2019, the Department of
and execution of national security space programs. At that
Defense (DOD) submitted a legislative proposal to
time, Congress passed legislation to create three
Congress to create the U.S. Space Force.
commissions to assess certain aspects of space activities.
One was the Commission to Assess United States National
Background
Security Space Management and Organization in the
The FY2020 President’s space-related budget request of
FY2000 NDAA, P.L. 106-65, known as the Rumsfeld
$306.0 million would fund the
Commission. The commission’s final report suggested a

“Space Corps” within the Air Force—

analogous to the
creation of the U.S. Space Force (USSF) – a separate
Marine Corps within the Department of the Navy—that
military service under the Department of the Air Force
might someday lead to a separate Space Department apart
($72.4 million) (similar to the Marine Corps/Navy
from the Air Force. In 2018, the House Armed Services
relationship);
Committee (HASC) Strategic Forces Subcommittee
 reestablishment of the U.S. Space Command
included an NDAA provision to create a U.S. Space Corps,
(USSPACECOM)—the 11th combatant command,
recognizing space as a war fighting domain. Despite Air
($83.8 million); and
Force leaders opposing the idea to create a separate military

service during HASC hearings, the House passed a version
maintenance of Space Development Agency (SDA)—
of the NDAA that included language to establish the Space
created in March 2019 to accelerate the process for
Corps, though it was not included in the final FY2018
acquiring space systems to meet emerging space threats,
NDAA (P.L. 115-91).
($149.8 million).
Military Space Proposals
Table 1. FY2020 Budget Request
In the President’s FY2020 Budget request, DOD described
(in mil ions of dol ars of budget authority)
a Space Force as “a fundamental step in transforming our
H.R. 2500
S. 1790
approach to space from a combat support function to a
Budget
(House-
(Senate-
warfighting domain.” DOD further stated, “The
Title
Request
Authorized)
Authorized)
establishment of the U.S. Space Force will help ensure the
USSF
$72.4
$15.0a
$72.4
United States is postured to deter aggression and outpace
SDA
$149.8
$149.8
$149.8
potential adversaries in order to protect and defend our
national interests in the face of a changing space
USSPACE
$83.8
$83.8
$83.8
environment and growing threats.” Air Force leaders
COM
initially opposed the creation of the Space Force. Top
Total
$306.0
$248.6
$306.0
service officials now support the proposed reorganization
Source: Office of the Under Secretary of Defense (Comptrol er)
for space, according to their testimonies during the FY2020
and FY2020 NDAA (H.R. 2500 and S. 1790).
President’s budget posture review hearings (see Table 2).
a. H.R. 2740 House-passed appropriations bil appropriates $15
mil ion to study the potential establishment of a Space Force.
The Senate FY2020 NDAA (S. 1790) would authorize
funding amount equal to the President’s $72.4 million
Both the House- and Senate-passed versions of the FY2020
request. The House FY2020 NDAA (H.R. 2500) would
National Defense Authorization Act (H.R. 2500 and S.
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Military Space Reform: FY2020 NDAA Legislative Proposals
authorize the creation of a U.S. Space Corps at a lower
House inserted the text of H.R. 2500 as an amendment to S.
funding level of $15.0 million. On September 17, 2019, the
1790 for the purpose of conference negotiations.
Table 2. Selected Proposed Space Provisions
Administration’s Space
H.R. 2500
S. 1790

Force Proposal
(House-Authorized)
(Senate-Authorized)
Organization within Air Force
U.S. Space Force
U.S. Space Corps
U.S. Space Force
Military Leadership (4 star
Chief of Staff
Commandant
Commander
General)
Civilian Leadership
Under Secretary of the Air
No civilian position
Asst. Secretary of Defense
(appointee)
Force for Space
(ASD) for Space Policy
Timeline
Headquarters Initial stand-up
Transition period of January 1, Report to Congress on
FY2020
2021 through December 30,
structure and cost due by
2023
January 2021
New Military/Civilian Positions Creates and adds both military Transfers existing positions
Transfers existing positions
and civil service positions
and does not create new ones and does not create new ones
Navy & Army Space Units
Included
Requires DOD to submit
Not included
report to Congress
USSPACECOM
Included
Included
Included
Space Development Agency
Not included
Included
Included
Source: H.R. 2500 (passed House July 12, 2019), S. 1790 (passed Senate June 27, 2019), and Administration’s Space Proposal.
Implications for Congress

The total amount in the President’s FY2020 budget request
CRS Products
for national defense is $750.0 billion. Of this amount,
CRS In Focus IF11172, “Space Force” and Related DOD
$306.0 million is requested for space organizations (Space
Proposals: Issues for Congress, by Kathleen J. McInnis and
Force, USSPACECOM, and SDA). The Trump
Stephen M. McCall
Administration officially stood up the U.S. Space
CRS In Focus IF11244, FY2020 National Security Space Budget
Command on August 29, 2019. The DOD had established a
Request: An Overview, by Stephen M. McCall and Brendan W.
USSPACECOM in 1985, but later disbanded it in 2002 to
McGarry
focus on homeland security after the terror attacks of
September 11, 2001. The President has the authority to
CRS In Focus IF11203, Proposed Civilian Personnel System
establish a unified combatant command related to space,
Supporting “Space Force”, by Alan Ott
while Congress has the authority to decide the final
outcome of the space reformation proposals through the
Other Resources
appropriations bill and the defense authorization bill.
Department of Defense, United States Space Force Strategic
Potential Questions for Deliberations
Overview, February 2019
and Reconciliation
Center for Strategic & International Studies, Space Force or

Space Corps? Competing Visions for a New Military Service, June
How would the proposed military service for space be
2019
structured?


Should there be a Senate-confirmed civilian position for
Space at the service secretary level and/or in the Office
Stephen M. McCall, Analyst in Military Space, Missile
of the Secretary of Defense (OSD)?
Defense, and Defense Innovation
 Would the new military service dedicated to space
IF11326
include National Guard and Reserve components?
 What is the funding level authorized to be appropriated
for the new space organizations (full or partial)?

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Military Space Reform: FY2020 NDAA Legislative Proposals

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