Category: Commercial

Intelligence Authorization and Space Exploration Sustainability Act Become Law

Intelligence Authorization and Space Exploration Sustainability Act Become Law

President Obama signed into law yesterday the FY2013 Intelligence Authorization Act (S. 3454) and the Space Exploration Sustainability Act (H.R. 6586).

Those are the last two space-related bills that we were tracking in the 112th Congress and our fact sheet has been updated accordingly.  Once the Public Law numbers are assigned, we will do a final update.  A new fact sheet for the 113th Congress will be created when there is relevant legislation to track.

Congress did not pass any of the regular FY2013 appropriations bills, instead passing a 6-month Continuing Resolution that funds the government through March 27, 2013.   As for other space-related legislation that was being considered in the final days of the 112th Congress that we reported on January 3, here is how it all turned out:

  • American Taxpayer Relief Act (H.R. 8).  Public Law (P.L.) 112-240.  Among other things, delays automatic across-the-board spending cuts — the sequester — until March 1, 2013.
  • FY2013 National Defense Authorization Act (H.R. 4310).  P.L. 112-239.  Among other things, eases export controls on satellites.
  • FY2013 Intelligence Authorization Act (S. 3454).  Signed by the President January 14, 2013; P.L. number not yet assigned.  The unclassified text does not directly address satellite programs conducted by the intelligence community, but the classified annex may.
  • Space Exploration Sustainability Act (H.R. 6586). Signed by the President January 14, 2013; P.L. number not yet assigned.  Extends launch liability indemnification for one year, gives NASA relief from some provisions of the Iran, North Korea, Syria Nonproliferation Act (INKSNA), expresses the sense of Congress that NASA not take money from SLS/Orion to pay for commercial crew and vice versa.
  • Renaming Dryden Flight Research Center after Neil Armstrong (H.R. 6612). Passed House, but not Senate, so died at the end of the Congress.
  • Emergency Supplemental Appropriations Act for relief of Hurricane Sandy victims (H.R. 1). Passed Senate, but not House, so died at the end of the Congress.  The House passed a different bill providing $9.6 billion to the National Flood Insurance Program.   The House is considering this week additional funds for the victims of Sandy.  Whatever passes will have to be considered anew in the Senate.
  • Condemning North Korea’s Missile Launch (H. Con. Res. 145).  Passed House, but not Senate, so died at the end of the Congress.
ILS Still Waiting for Proton Anomaly Report, But Khrunichev Has It

ILS Still Waiting for Proton Anomaly Report, But Khrunichev Has It

Although the most probable root cause of an anomaly that left Gazprom’s Yamal 402 satellite in the wrong orbit last month apparently has been identified, the company that arranged for the launch is still awaiting the results.  International Launch Services (ILS) says that It will not clear the rocket for commercial launches until it has its own chance to review the report.

ILS announced on January 11 that Russia’s space agency, Roscosmos, approved the results of the investigation into why a Proton rocket and its Briz-M (Breeze-M) upper stage left the Thales Alenia Space-built communications satellite in the wrong orbit.  The investigation was conducted by an independent working group and Roscosmos recently approved the group’s report and provided the results to Khrunichev State Research and Space Production Center. 

Khrunichev manufactures Proton and Briz.   ILS is a U.S. company, based in Reston, VA, that is a subsidiary of Khrunichev, and has exclusive rights to market the Proton rocket globally.

ILS said, however, that it will not see the report until it clears “Russian security,” a step expected during the week of January 21.  Then ILS’s own Failure Review Oversight Board (FROB) will review the report prior to the Proton-Briz being cleared to resume commercial launches.

The December 8, 2012 anomaly was the latest in a string of Russian launch failures over the past two years.   The Briz-M upper stage cut off about four minutes early and stranded the satellite in the wrong orbit.    It was ultimately nudged into the correct orbit using the satellite’s on-board propulsion, but that means the satellite will have less propellant to maintain its orbital position, reducing its useful lifetime from 15 to 11 years.  The satellite is owned by Russia’s Gazprom Space Systems.

Russian press sources reported at the end of December that the root cause of the failure was determined, but ILS issued a statement stressing that it needed a chance to review the investigation report itself.

 

Events of Interest: Week of January 14-19, 2013 – UPDATE

Events of Interest: Week of January 14-19, 2013 – UPDATE

UPDATE:  Adds the meeting of NASA’s Small Bodies Assessment Group (think asteroids, comets, NEOs) Monday-Wednesday.

The following events may be of interest in the week ahead.  The House will in session Monday-Wednesday; the Senate is in recess until the inauguration on Monday, the 21st.

Monday-Wednesday, January 14-16

Tuesday, January 15

Wednesday, January 16

Thursday, January 17

Friday, January 18

NASA Safety Panel Worries About Commercial Crew Planning-Funding Disconnect

NASA Safety Panel Worries About Commercial Crew Planning-Funding Disconnect

NASA’s Aerospace Safety Advisory Panel (ASAP) issued its annual report yesterday.   NASA’s commercial crew program received considerable attention again this year, especially the “disconnect” between how much funding NASA requests for the program versus what Congress approves.  ASAP worries that a continued disconnect will “again drive a change to acquisition strategy, schedule, and/or safety risk.”

ASAP has previously expressed concern about NASA’s continued use of Space Act Agreements (SAAs) instead of traditional Federal Acquisition Regulation (FAR)-based contracts as its acquisition approach for commercial crew.  NASA’s ability to set requirements and have insight or oversight of a company’s activities is much more limited under SAAs.  NASA planned to transition to FAR-based contracts last year, but changed course when it concluded that funding uncertainties meant fixed price FAR-based contracts would not work.

In this year’s report, ASAP is worried generally about a continued gap between NASA’s planned funding and what it actually gets from Congress and insists that the two must reach consensus “to resolve this conundrum.”  In particular, however, ASAP is concerned that funding challenges will lead NASA to choose an option where the companies would fly orbital test flights with non-NASA crews that “could yield two standards of safety — one reflecting NASA requirements, and one with a higher risk set of commercial requirements.”  If NASA exercised the option, which is included in the current Commercial Crew Integrated Capability (CCiCAP) awards, ASAP says it could prematurely signal “tacit acceptance of this commercial requirements approach absent serious consideration by all the stakeholders on whether this higher level of risk is in fact in concert with national objectives.”

The report says that NASA’s commercial crew program manager assured the panel there are no plans to exercise the option, but the panel wondered why the agency would “maintain the option if it truly had no intention of using it,” calling it a “mixed message.”

ASAP was created by Congress following the 1967 Apollo fire that killed the first Apollo crew — Virgil “Gus” Grissom, Ed White and Roger Chaffee.   By law, the panel submits its report not only to the NASA Administrator, but to the President of the Senate (who is the Vice President of the United States) and the Speaker of the House (currently Rep. John Boehner).

Justice Department Clears DigitalGlobe-GeoEye Merger

Justice Department Clears DigitalGlobe-GeoEye Merger

The antitrust section of the Justice Department gave its approval today for the merger of DigitalGlobe and GeoEye.  The two commercial satellite imagery companies had announced their plans in July 2012 after the government made clear that it would sharply reduce its support of GeoEye.

With the merger, the United States has only one commercial satellite imagery company, down from the original three.  The survivor, DigitalGlobe, will have a U.S. monopoly, prompting the antitrust review.   Although there will be only one U.S. company, several foreign competitors offer similar products.

DigitalGlobe cautions that the merger still needs approval from the Federal Communications Commission (FCC) and the National Oceanic and Atmospheric Administration (NOAA), but expects the merger to close by the end of this month.

House SS&T Committee Adds New Subcommittee, Names Subcommittee Chairs

House SS&T Committee Adds New Subcommittee, Names Subcommittee Chairs

Rep. Lamar Smith (R-TX), the new chairman of the House Science, Space and Technology (HSS&T) Committee, revealed today that under his leadership the committee will have six instead of five subcommittees.  He also named the Representatives who will serve as chair and vice-chair of the subcommittees, as well as vice-chair of the full committee.

Smith named Rep. Dana Rohrabacher (R-CA) as vice-chair of the full committee.   Rohrabacher is a strong advocate for the space program, particularly commercial space, and competed against Smith to serve as chairman.    Rep. Ralph Hall (R-TX), who had to relinquish the chairmanship of the full committee because of House Republican term limits, will be “chairman emeritus.”

The Energy and Environment subcommittee was split into two.   Rep. Andy Harris (R-MD), who chaired the subcommittee in the last Congress, now will chair the Environment subcommittee while Rep. Cynthia Loomis (R-WY) chairs the Energy Subcommittee.

Rep. Steve Palazzo (R-MS) will continue to chair the Space and Aeronautics subcommittee and Rep. Paul Broun (R-GA) will remain as chair of the Investigations and Oversight Subcommittee.

The other two subcommittees are Technology and Research.  Rep. Thomas Massie (R-KY) replaces Rep. Ben Quayle (R-AZ) as chair of Technology (Quayle was defeated in a Republican primary last year caused by redistricting).   Rep. Larry Bucshon (R-IN) will chair Research instead of Rep. Mo Brooks (R-AL).  Brooks will be the vice-chair of the Space and Aeronautics subcommittee.  In a statement, Brooks said he was “thrilled” to serve as vice-chair of a subcommittee that is so important “to America and the Marshall Space Flight Center.”

The complete list of full and subcommittee Republican chairs and vice chairs are in the committee’s press release. 

Rep. Eddie Bernice Johnson (D-TX) was reelected as the top Democrat (“Ranking Member”) on the full committee in December.   Democratic subcommittee assignments have not been announced yet.

Robert Bednarek, SES Executive, Passes Away

Robert Bednarek, SES Executive, Passes Away

Robert “Rob” Bednarek, whose career in satellite communications included serving as Chief Technology Officer of PanAmSat and later President and CEO of SES New Skies has died of cancer.   He was 55.

Romain Bausch, President and CEO of SES, said in a statement today that Bednarek would be remembered “as a dedicated and innovative professional who helped shape the world of modern satellite communications through his visions and inspirations.”

Bednarek was deputy chief scientist for the U.S. Corporation for Public Broadcasting from 1979-1984, and then went on to establish a Washington-based technology consulting firm Rubin, Bednarek and Associates.  He then joined PanAmSat and became Chief Technology Officer responsible for the overall operation of PanAmSat’s fleet of communications satellites. (PanAmSat was later acquired by Intelsat.)

From PanAmSat, he joined SES and led its acquisition of New Skies, becoming President and CEO of SES New Skies, later SES World Skies.  In 2011 he became an Executive Adviser to Bausch as he battled his illness.

Bednarek was one of the members of the National Research Council’s (NRC’s) 2009 study America’s Future in Space:  Aligning the Civil Space Program with National Needs (sometimes called the Lyles report after its chairman, Les Lyles).   He was inducted into the Society of Satellite Professionals (SSPI) Hall of Fame in 2011. 

His daughter, Stephanie, is a Government Affairs Manager in the Washington office of SpaceX.  He also leaves a son, Michael, and wife, Elisabeth.

 

Events of Interest: Week of January 6-11, 2013

Events of Interest: Week of January 6-11, 2013

Happy New Year!   Welcome to our first 2013 events of interest.    The following events may be of interest in the coming week.  After their marathon sessions last week as the 112th Congress ended and the 113th began, the House and Senate both are in recess this week.  The House returns for legislative business next Monday, the 14th; the Senate on the 21st for the inauguration.

During the Week

Three major conferences are taking place this week:

Also of particular note for those interested in planetary science is the Outer Planets Assessment Group (OPAG) meeting in Atlanta on Thursday-Friday, January 10-11.   In the most recent edition of the Planetary Exploration Newsletter, the chair and vice-chair of the DPS urge planetary science community members to listen to Jim Green’s presentation at 8:30 am Eastern Standard Time (EST) on January 10, which will be webcast.  Instructions on how to register for and listen to the webcast are on the OPAG website.   Green apparently will address recent community concerns about the planetary science budget, especially for research and analysis (R&A), although he obviously will not be able to talk about the FY2014 budget, since it has not yet been released.  There is enough uncertainty about the FY2013 budget in any case, with the sequester being delayed for two months, so the Damoclean sword continues to hang over the federal budget.

Sunday-Thursday, January 6-10

Monday-Thursday, January 7-10

Monday, January 7

  • NASA events at AAS meeting
    • Exoplanets Coming and Going Everywhere press briefing, 10:30 am Pacific Standard Time (PST)
    • Physics of the Cosmos (PCOS) Gravitational Wave and X-Ray Astronomy Town Hall, 12:45 pm PST
    • The Hubble Ultra Deep Field Gets Deeper press briefing, 12:45 pm PST
    • A High Energy Astrophysics Extravaganza press briefing, 2:30 pm PST
    • Kepler Town Hall, 6:30 pm PST

Tuesday, January 8

  • NASA events at AAS meeting
    •  NASA Town Hall, 12:45 pm PST
    • Journey to the Center of the Galaxy press briefing, 12:45 pm PST
    • Exoplanets from Dust Grains to Brown Dwarfs, 2:30 pm PST

Wednesday, January 9

Thursday, January 10

Thursday-Friday, January 10-11

 

Senates Extends Launch Indemnification Only For One Year, Extends INKSNA Waiver

Senates Extends Launch Indemnification Only For One Year, Extends INKSNA Waiver

In the wee hours this morning, the Senate not only passed legislation to deal with the fiscal cliff, but a bill that would extend the FAA’s authority to indemnify commercial launch services companies against certain third-party claims.  The FAA’s launch liability indemnification authority expired at midnight.  The bill is entirely different than what passed the House in November, so must be returned to the House for its consideration.

The Senate kept the House bill number, HR. 6586, but replaced all the text with a modified version of S. 3661, the Space Exploration Sustainability Act introduced by Senators Nelson (D-FL) and Hutchison (R-TX) on December 5.  The Senate version of H.R. 6586, as passed this morning, provides for the following:

  • Extends the launch liability indemnification authority, but for only one year.  The House-passed version was for a two year extension.
  • Extends NASA’s waiver from the Iran, North Korea, Syria Nonproliferation Act (INKSNA) so it can purchase services from Russia for the International Space Station through December 31, 2020, and also strikes the language “or for the purchase of goods or services relating to human spaceflight.”  The House-passed bill did not address this issue.
  • Amends the 2010 NASA authorization act to add a sense of Congress statement about the human spaceflight program that, among other things, says that NASA should not take money from the Space Launch System or Orion Multi-Purpose Crew Vehicle (authorized in Title III of that law) in order to pay for commercial crew (authorized in Title IV of that law) or vice versa.  The House-passed bill did not address this issue.

The House is in session today, so it is possible it could take up the legislation immediately.  Or not.   The congressional schedule is very fluid at the moment.

 

Where Key Space Legislation Stands Now: Fiscal Cliff, NDAA, Indemnification, INKSNA, Armstrong

Where Key Space Legislation Stands Now: Fiscal Cliff, NDAA, Indemnification, INKSNA, Armstrong

In these hectic last days of the 112th Congress — which will end by noon on Thursday when the 113th Congress begins — it can be tough to keep track of where legislation stands.   Here’s the status of key pending bills that could affect the space program as of 4:00 pm ET today, New Year’s Day 2013.

  • American Taxpayer Relief Act (H.R. 8) — or more descriptively referred to as the fiscal cliff avoidance act since it not only deals with taxes but delays the sequester for two months.    Passed Senate at 2:00 am this morning.   Still must pass House.  If they change it — and rumors are that they plan to —  the bill will have to go back to the Senate.  If the House passes it with no changes, it must be signed by the President.   So the country did fall off the much-feared fiscal cliff and is still at the bottom waiting to see what happens next.
  • FY2013 National Defense Authorization Act (H.R. 4310) — Final version has passed the House and Senate.  It was presented to the President for his signature on December 30.   He’s expected to sign it.  Among other things, it eases export controls on satellites.
  • FY2013 Intelligence Authorization Act (S. 3454) — Final version has passed the House and Senate.  The bill now must be presented to the President for signature, which is expected to happen.
  • Extending Launch Liability Indemnification/INKSNA/Other Matters (H.R. 6586) — House passed its version, dealing only with indemnification, in November.  Senate passed its version in the wee hours this morning, completely replacing the House text.  The Senate version extends indemnification for only one year instead of two as in the House version.  The Senate version also deals with two issues not addressed in the House version:   extending the waiver for NASA from the Iran, North Korea, Syria Nonproliferation Act (INKSNA) and a sense of Congress that NASA should not take money from SLS/Orion to pay for commercial crew or vice versa.   The bill now must return to the House for consideration.  
  • Renaming Dryden Flight Research Center after Neil Armstrong (H.R. 6612) — Passed House last night; needs to be considered by Senate.
  • Emergency Supplemental Appropriations Act for Hurricane Sandy Relief (H.R. 1) —  Passed Senate December 28, needs to be considered by House.   Includes $15 million for NASA and about $500 millon for NOAA (but not necessarily for NOAA’s satellite programs).

The House is also considering a House Concurrent Resolution condemning North Korea’s missile launch (H. Con. Res. 145).  It was debated by the House yesterday, but the vote was postponed to today.  It would also need to pass the Senate.  Concurrent resolutions are not “legislative” because they do not become laws signed by the President.  Instead, they are expressions of opinion, fact, principle or purpose by the House and Senate.