Category: Commercial

President Signs FY2014 Defense Authorization Into Law

President Signs FY2014 Defense Authorization Into Law

President Obama signed the FY2014 National Defense Authorization Act (NDAA) into law yesterday, sustaining a record that spans more than 50 years of enacting this annual law despite the ups and downs of Washington politics.

The law provides a total of $607 billion for defense:  $527 billion as the base budget plus $80 billion in Overseas Contingency Operations (OCO) such as the war in Afghanistan.

Among the provisions related to national security space activities in the bill as passed by Congress and explained in a joint explanatory statement from the House and Senate Armed Services Committees are the following (“sec.” refers to section numbers in the bill):

  • Prohibits the President from allowing foreign governments to place monitor stations for navigation satellite systems on U.S. territory without the approval of the Secretary of Defense (SecDef) and Director of National Intelligence (DNI).  The provision apparently is aimed at a request by Russia, which is being considered by the State Department and is opposed by DOD and CIA, to place monitor stations for Russia’s GLONASS navigation satellite system in the United States.  The stations would make GLONASS more accurate. (sec. 1602(b))
  • Prohibits the SecDef from entering into contracts for commercial satellite services with a “covered foreign entity in a covered foreign country” if there is a reasonable belief that the “covered foreign entity has an ownership interest that enables that government to affect satellite operations.”  The provision includes a “7-day notice-and-wait” period. (sec. 1602 (a))   Covered foreign country is as defined in sec. 1261 (c)(2) of the FY2013 NDAA (P.L. 112-239; 126 Stat. 2019).
  • Requires the DOD Executive Agent for space to certify to the congressional defense committees that the SecDef is carrying out the Operationally Responsive Space (ORS) program in accordance with law (10 U.S. C. 2273a), and prohibits spending more than 50 percent of the funding for the Space-Based Infrared System modernization initiative wide field of view test bed until that occurs.  Also requires a report within 60 days of enactment on a potential mission that would “seek to leverage all  the policy objectives of the [ORS] program in a single mission.” (sec. 220)
  • Requires the DOD Executive Agent for Space to do a study on operationally responsive launch and for the Government Accountability Office (GAO) to review that study. (sec. 915)
  • Requires the Secretary of the Air Force “to develop and implement a plan to ensure the fair evaluation of competing contractors in awarding a contract to a certified evolved expendable launch vehicle [EELV] provider.”   The joint explanatory statement adds that this “should not be construed as direction regarding ongoing procurement or any aspect of source selection criteria.”  Also requests GAO to review the Air Force EELV acquisition strategy and brief Congress before the Air Force releases a draft request for proposals.  (sec. 145) 
  • Requires the SecDef and DNI to contract with the National Research Council for a review of near- and long-term threats to U.S. national security space systems and to take into account the affordability and technical risk of recommended courses of action. (sec. 912)
  • Requires briefings from various DOD officials to the congressional defense committees on DOD’s strategy for the multi-year procurement of commercial satellite services. (sec. 913)
  • Requires the Commander of U.S. Strategic Command to notify Congress of each attempt by a foreign actor to disrupt, degrade or  destroy a U.S. national security space capability within 48 hours of determining that such an attempt occurred and to provide additional information within 10 days.  Congress notes in the joint explanatory statement that this is not intended to be a duplicative process, is not intended to be a notification of every anomaly, and is only for when there is reason to believe it was an intentional attempt. (sec. 911)
  • Requires the SecDef to report to the congressional defense committees on the space control mission of DOD.  The joint explanatory statement states that Congress believes the nature of DOD’s space control mission “is fundamentally changing from purely collision avoidance and cataloging space objects” to ensuring the United States has “the capabilities to respond at the time and place of our choosing” to “purposeful interference with U.S. space systems, including their supporting infrastructure” and the right of “free access and use of space” as called for in DOD’s October 18, 2012 Directive on Space Policy. (sec. 914)
  • Requires the SecDef to submit to the congressional defense committees all materials presented to inform the Deputy SecDef on DOD’s counter space strategy over the past 3 years that resulted in “significant revisions to said strategy” and limits the amount of money that can be spent on the Space Protection Program by $10 million until that occurs. (sec. 916)
  • Requires the Air Force Chief of Staff to submit a report to the congressional defense committees on the Eagle Vision imagery ground station. (sec. 917)
  • Modifies  DARPA’s biennial strategic plan requirement “to make more explicit the linkage between the strategic objections [sic] of the agency with the missions of the armed forces.”   The joint explanatory statement uses DARPA’s Phoenix  program (for satellite servicing and advanced robotics for geosynchronous earth orbit systems) as an example, noting that Phoenix has significant potential, but “may raise complex policy issues, as well as pose as a disruptive technology to established approaches and operations.” (sec. 211)
  • Requires the SecDef to develop a long-term plan for satellite ground control systems and implement a GAO recommendation in its report on Satellite Control Operations (GAO-13-315) concerning the use of dedicated satellite control systems.  (sec. 822)

Congress did not agree to a House-passed provision that would have required an analysis of alternatives to the Precision Tracking Space System (PTSS), which was terminated.

President Obama did not mention any of the space-related provisions in his signing statement, which focuses on provisions regarding Guantanamo.

Space Policy Events for December 23 – 31, 2013

Space Policy Events for December 23 – 31, 2013

Happy Holidays!   Except for the hard working astronauts aboard the International Space Station, and the need for Congress to officially adjourn for the year, everyone can take a well deserved break for the rest of 2013.

The astronauts completed the first of two or three spacewalks to fix a coolant loop problem yesterday.  A second is scheduled for Christmas Eve day (7:10 am ET) and a third could be scheduled if needed.   The second was delayed by a day so the astronauts can get a backup spacesuit ready for Rick Mastracchio to wear because something went awry with the one he wore yesterday.  Details are pending.

The House and Senate have completed their legislative work for the year, but both chambers are scheduled to meet in “pro forma” sessions this coming week, the House tomorrow and the Senate on Tuesday.  The Senate meeting will take place only if the House has not approved an adjournment resolution by then.  Chances are that’s what the House will do tomorrow, so the Senate session is tentative.

Things will get hopping very quickly in the New Year with the winter meeting of the American Astronomical Society on January 5-10, NASA’s Small Bodies Assessment Group (SBAG) on January 8-9,  the International Space Exploration Forum with ministers of more than 30 space-faring countries on January 9, and the International Academy of Astronautics (IAA) Heads of Agencies Summit on Exploration on January 9-10.   All of those meetings will take place in the Washington, D.C. area.  

Oh, and Congress is expected to return to work that week, too; the Senate on January 6 and the House on January 7.

So enjoy the holiday break — it’s busy, busy, busy after that.

Congress Prohibits GLONASS Stations in US Without DOD/DNI Approval

Congress Prohibits GLONASS Stations in US Without DOD/DNI Approval

The final version of the FY2014 National Defense Authorization Act (NDAA) that just cleared Congress includes language prohibiting the President from allowing Russia to put GLONASS monitor stations on U.S. soil without the approval of the Secretary of Defense (SecDef) and Director of National Intelligence (DNI).

The State Department has been considering a Russian request to place monitor stations within the United States for Russia’s GLONASS navigation satellite system, its equivalent of the U.S. Global Positioning System (GPS).   The stations would increase the accuracy of GLONASS.   GLONASS and GPS are elements of a Global Navigation Satellite System (GNSS) and U.S. objectives with regard to GNSS are to ensure compatibility, achieve interoperability, and promote fair competition in the marketplace.

No agreement has been struck to allow GLONASS stations in the United States, but the possibility raised concerns in the Department of Defense and the Intelligence Community that became public in an article in the New York Times last month.

The language in the NDAA (sec. 1602(b)) prohibits the President from authorizing or permitting “the construction of a global navigation satellite system ground monitoring station directly or indirectly controlled by a foreign government” on U.S. territory unless the SecDef and DNI “jointly certify” to Congress that any such ground station “will not possess the capability or potential to be for the purpose of gathering intelligence in the United States or improving any foreign weapon system.”  The SecDef and DNI may jointly grant a waiver to that requirement if certain conditions are met, however.   The section includes a 5-year sunset clause so will be in effect for only 5 years from the date the President signs the bill into law.

The National Space-Based Positioning, Navigation and Timing Advisory Board advises the government on issues concerning GPS and GNSS.  It was briefed on Russia’s proposal at its May 7-8, 2013 meeting and expressed no concerns according to the meeting’s minutes.  It received another briefing at its December 3-4, 2013 meeting.  The minutes of that meeting are not available yet, but the presentation by Ken Hodgkins, Director of the State Department’s Office of Space and Advanced Technology, points out that “no final decisions have been made” and Russia’s proposal has “evolved” based on discussions that have taken place already.

The FY2014 NDAA cleared its final congressional hurdle on Thursday, passing the Senate by a vote of 84-15.  The President is expected to sign it.

Eric Berger Interviews John Culberson: China-No, Europa-Yes, Asteroid Redirect Mission-No

Eric Berger Interviews John Culberson: China-No, Europa-Yes, Asteroid Redirect Mission-No

The Houston Chronicle’s science writer, Eric Berger, published the text of his interview with Rep. John Culberson (R-TX) in his blog today.  Culberson is viewed as the likely successor to Rep. Frank Wolf (R-VA) as chair of the House Appropriations subcommittee that funds NASA assuming Republicans retain control of the House in next year’s elections.  Wolf is retiring.

Culberson is already a member of the Commerce-Justice-Science (CJS) subcommittee and he and Wolf work closely together and share similar views.   Highlights from Berger’s interview, which can and should be read in its entirety on Berger’s SciGuy blog or as an article in today’s newspaper, include the following (his full answers provide more context than these brief excerpts):

  • Regarding NASA’s proposed Asteroid Redirect Mission:  “It’s not gonna happen.”
  • On whether NASA instead should focus on returning humans to Moon:  “Yes.  Absolutely.”   (Wolf wrote to President Obama yesterday saying the same thing.)
  • On whether he agrees with Wolf on not allowing U.S.-China space cooperation:  “Yes.”
  • On planetary science and a mission to Jupiter’s moon Europa:  “…I’m particularly energized about the planetary science program… I’m certain that there’s life elsewhere in the universe. And I’m also certain that the first place we will discover life on another world is Europa.”

Culberson represents a district that includes Houston, home of NASA’s Johnson Space Center, and he notes in the interview that he is “absolutely devoted to all of NASA and all its missions,” but believes that robotic planetary exploration does not get sufficient attention in Congress.

Wolf and Rogers Want Answers from Clapper on Implications of China's Space Program

Wolf and Rogers Want Answers from Clapper on Implications of China's Space Program

Rep. Frank Wolf (R-VA) and Rep. Mike Rogers (R-AL) wrote to Director of National Intelligence (DNI) James Clapper today asking five questions about the implications for U.S. leadership in space and U.S. national security of China’s recent accomplishments in space, including landing a rover on the Moon last weekend.

Wolf chairs the House Appropriations Commerce-Justice-Science subcommittee that funds NASA and NOAA, among other departments and agencies.  Rogers chairs the House Armed Services Committee’s Subcommittee on Strategic Forces with oversight of many U.S. national security space programs as well as ballistic missiles, strategic weapons and other programs. 

The letter cites not only the landing of China’s Chang’e-3 spacecraft and its Yutu rover on the Moon, but the number of Chinese space launches in 2012 as indications that the United States could lose its leadership position in space.   China conducted 19 launches in 2012 compared with 13 in the United States according to the letter.

Rogers and Wolf assert that they “are among those who have grown concerned that while the People’s Republic of China commits significant resources and sense of national purpose to its space program, the United States is at risk of losing its space leadership.”   Noting that China does not distinguish between civil and military space programs, the two influential Congressmen ask Clapper to respond to five questions that “will inform fiscal year 2015 legislation our two subcommittees may consider.”  The questions are:

  • Has China today tested or deployed counter space capability in outer space, and will China deploy counter space capabilities by the end of this decade?
  • What technologies demonstrated by China’s robotic moon landing, and other space systems, have applications for China’s counter space and ballistic missile programs?
  • What technologies demonstrated by China’s robotic moon landing, and other space systems, have been acquired, legally or otherwise, from the United States?
  • What are the impacts from civil space cooperation between the United States and China on China’s military space program?
  • It was reported that, in 2010, the Administration lowered the intelligence collection priority status of the People’s Republic of China.  Does that lower status still apply? What is the priority of China’s space program for the intelligence community?

Wolf is the main sponsor of legislative language that prohibits NASA and the White House Office of Science and Technology Policy (OSTP) from engaging in any activities related to civil space cooperation with China unless certain conditions are met.  Thus, the fourth question seems rather odd, since there is no U.S.-China civil space cooperation today, or it may refer to lasting impacts from the 1990s when U.S. commercial satellites could be launched by Chinese rockets (which could also be one thrust of the third question). 

Opponents of U.S. space cooperation with China cite that era as a time when China benefitted substantially from technical interactions with U.S. commercial satellite manufacturers that enabled them to improve the performance of their launch vehicles significantly.  A congressional investigation (the Cox Committee) found that the U.S. companies violated export regulations in their dealings with China.  Consequently, law and regulations were changed so that no U.S. satellites or satellite components can be exported to China.   The export regulations are again being revised right now, but satellite exports to China will still be prohibited.

Wolf, who announced this week that he will retire at the end of next year, wrote a separate letter to President Obama today asking him to hold a White House conference early in 2014 to develop a mission concept for a U.S.-led international return to the Moon.   China’s lunar rover was also cited in that letter as a rationale for a return to the Moon to assure U.S. leadership in space.

Wolf Asks Obama to Hold White House Conference in 2014 on Return to Moon

Wolf Asks Obama to Hold White House Conference in 2014 on Return to Moon

Rep. Frank Wolf (R-VA) may be retiring, but that’s not till the end of next year.   Until then, he clearly plans to remain passionately involved in both civil and national security space policy as evidenced by two letters he sent today.  The one addressed to President Obama calls on the President to hold a White House conference early in 2014 to develop an international plan to return humans to the Moon within the next 10 years.

In his letter to Obama, Wolf  references China’s landing of a rover on the Moon over the weekend as an indication of China’s growing influence in space.   He wants the President to hold a conference at the White House early next year “to bring together the best minds from around the country and among our international partners to develop a mission concept for a U.S.-led return to the Moon within the next ten years, using the SLS and Orion systems and identifying areas for our international partners and private industry to contribute.”

He tells the President that “decisions made in the final years of your administration determine whether the international community aligns behind a U.S.-led space exploration program for the next several decades or if they decide to partner with others.”  After calling the Obama Administration’s Asteroid Redirect Mission (ARM) “misguided,” he goes on to say that “However well-intentioned the asteroid mission proposal may be, I urge you to reconsider [it] in light of the strong support for a lunar mission.”  He cites last year’s National Research Council report chaired by Al Carnesale as finding that the asteroid mission is not supported by our international partners, the American people, or the NASA workforce.

“Joining with other partners, we have the capabilities and without question we possess the talent” to return humans to the Moon, he asserts, ending with a hand written note at the bottom of the letter that reads “This is a sincere good faith request which I know would be good for the country.  Thank you.” 

A ministerial-level meeting is, in fact, scheduled to take place in Washington, D.C. on January 9, 2014 where U.S. Secretary of State John Kerry and his counterparts from more than 30 countries are expected to make statements about future space cooperation.  The International Space Exploration Forum (ISEF) will be followed the next day by a “Heads of Agency” meeting sponsored by the International Academy of Astronautics (IAA) with the heads of the world’s major space agencies.  Wolf’s letter does not mention either meeting. 

The letter he sent to Clapper, co-written with Rep. Mike Rogers (R-AL), chairman of the House Armed Services Committee’s Subcommittee on Strategic Forces, also cites the Chinese lunar rover, as well as other Chinese space accomplishments, as signs that America could lose its leadership position in space.  They then ask five questions about the implications of China’s space achievements on a variety of national security issues.

 

It's a Deal! Senate Passes Ryan-Murray Budget

It's a Deal! Senate Passes Ryan-Murray Budget

The Senate passed the Ryan-Murray budget today in a 64-36 bipartisan vote.   The budget sets top line spending levels for FY2014 and FY2015, allowing House and Senate appropriators to finalize the FY2014 appropriations bills that actually fund the government.

This budget compromise (H. J. Res. 59), crafted by House and Senate Budget Committee chairs Rep. Paul Ryan (R-WI) and Sen. Patty Murray (D-WA), sets FY2014 government spending at $1.012 trillion, halfway between what the House wanted and what the Senate wanted.  It also provides $63 billion in sequester relief split evenly between defense and non-defense spending.    Some Republicans opposed the measure because it does not cut spending enough, and some Democrats opposed it because it does not extend unemployment benefits, but in the end, all 53 Senate Democrats, 2 Independents who usually vote with Democrats, and nine Republicans decided that it was better than no agreement and continued gridlock in Washington.

Passage of the budget compromise does not ensure that a government shutdown can be averted when the current FY2014 Continuing Resolution (CR) expires on January 15.  The budget agreement sets limits on how much can be spent, but only appropriations bills actually provide money for departments and agencies to spend.  Still, expectations are high that House and Senate appropriators will indeed be able to reach a bipartisan compromise on the 12 regular appropriations bills by that date.  They likely will be combined into a single package called an Omnibus Appropriations bill for consideration by both chambers. 

Rep. Frank Wolf, Chair of NASA/NOAA Appropriations Subcommittee, To Retire

Rep. Frank Wolf, Chair of NASA/NOAA Appropriations Subcommittee, To Retire

Rep. Frank Wolf (R-VA) announced today that he will retire from Congress at the end of next year.  He chairs the House Appropriations Commerce-Justice-Science (CJS) subcommittee that funds NASA and NOAA among other departments and agencies.

Wolf’s influence on NASA and NOAA is huge.  It is not only related to budgetary matters, as critical as those are, but Wolf also is the force behind the decision to prohibit NASA and the White House Office of Science and Technology Policy (OSTP) from engaging in any activities related to space cooperation with China unless certain conditions are met, for example.  He is a strident critic of the Chinese government, but stresses that he is a staunch supporter and admirer of the Chinese people.   He is one of a vocal contingent of House members who oppose the Chinese government and therefore cooperating with China on space or other matters.  Whether his replacement as appropriations subcommittee chair will hold a different view remains to be seen.

Wolf was first elected to represent the 10th district of Virginia, just outside Washington, DC, in 1980.  He was just one of several House members announcing their decisions today not to run for reelection.  With the House finished for the year and activities ramping up for the 2014 elections, this is not a surprising time for incumbents to make their intentions known.

Rep. Tom Latham, who chairs a different House Appropriations Subcommittee (Transportation-HUD), also said that he will not run for reelection, opening two slots on the powerful Appropriations Committee.   Latham’s subcommittee funds the FAA’s Office of Commercial Space Transportation.

Rep. Jim Matheson (D-UT) was a third House member announcing his retirement today.  More such announcements would not be surprising in the days and weeks ahead.

Senate Agrees to Vote on Budget Plan; NDAA Vote Perhaps Wednesday

Senate Agrees to Vote on Budget Plan; NDAA Vote Perhaps Wednesday

The Senate agreed this morning to a procedural measure that clears the way for a vote on the compromise budget deal approved by the House last week.   Separately, a vote on the FY2014 National Defense Authorization Act could occur as early as tomorrow.  They are the last two major pieces of legislation expected to clear Congress this year.

The budget deal negotiated by House and Senate Budget Committee chairs Rep. Paul Ryan (R-WI) and Sen. Patty Murray (D-WA) sets overall federal spending for FY2014 at $1.012 trillion, half way between what the House and Senate each passed earlier in the year, and eases cuts required under the sequester.   Members of both parties oppose the compromise — Republicans because it does not cut spending enough, Democrats because it does not extend unemployment benefits — but there was a sufficient number of Senators to surpass the 60-vote threshold needed to bring the bill to the floor for debate:  all 53 Democrats, two Independents who typically vote with Democrats, and 12 Republicans, for a 67-33 vote.    Thirty hours of debate are allowed for the bill, but it is expected to pass easily, since only 51 votes are required for passage, and the final vote could come much earlier.

Once the budget is approved by both chambers (it does not need to be signed by the President although he signaled that he supports it), the appropriations committees still must craft the 12 regular appropriations bills so they fit under that limit.   The hope is for those bills, probably merged into a single Omnibus Appropriations measure for consideration by the House and Senate, to be approved by January 15 when the current Continuing Resolution (CR) expires.

The other major bill many members hope to finish this year is the FY2014 National Defense Authorization Act, maintaining a 51-year streak of passing the defense bill despite whatever political situation exists in Washington.    House and Senate Armed Services Committee chairs Rep. Howard “Buck” McKeon (R-CA) and Sen. Carl Levin (D-MI) worked out a compromise last week that passed the House.  Senate agreement is expected.

The budget and NDAA agreements were negotiated by the relevant committees and brought to the House and Senate on a take-it-or-leave-it basis.    With time running out on 2013, no amendments were permitted on the House floor and none will be permitted in the Senate, since any changes would require the bill to return to the other chamber for approval.  The House already has left for the year, so the Senate needs to adopt the bills as is or delay action until 2014.  Weary of fighting and the “do-nothing Congress” label, enough members are willing to accept less than perfect bills to move legislation forward.

 

NASA Decides to do Spacewalks to Fix Coolant Problem, Cygnus Launch Delayed – UPDATE

NASA Decides to do Spacewalks to Fix Coolant Problem, Cygnus Launch Delayed – UPDATE

UPDATED December 17, 2013, 5:25 pm ET with more details throughout and link to NASA press release.

ORIGINAL STORY December 17, 2013, 4:51 pm ET.   NASA decided today to conduct a series of spacewalks to fix a coolant problem on the International Space Station (ISS), including one on Christmas Day.  Consequently, it delayed the launch of Orbital Sciences Corporation’s Cygnus cargo spacecraft to January.  It had been scheduled for this Thursday.  NASA will hold a press briefing about its decision tomorrow, December 18, at 3:00 pm ET, at Johnson Space Center, TX.

Engineers began troubleshooting the coolant problem last week.  A flow control valve is not working properly and the ammonia used as coolant in that loop — one of two on the ISS — therefore is not being maintained at the proper temperature.  The affected loop was shut down and all critical ISS systems transferred to the functioning loop.  The ISS could remain in that situation for a while, but with reduced scientific experiments and less redundancy.   They were trying to find a workaround to avoid spacewalks, but decided today that they needed to move forward with fixing the problem.

Three spacewalks are needed and are scheduled for December 21, 23 and 25.  

Orbital was planning to launch Cygnus on its first operational cargo flight to ISS on December 19, but that now will wait until January.  The Orb-1 mission is Orbital’s first under the Commercial Resupply Services (CRS) contract.   The company successfully completed a demonstration mission in September/October 2013.

NASA announced the decision to conduct the spacewalks and delay the Cygnus launch in a tweet from Johnson Space Center (@NASA-Johnson):

A press release was later distributed announcing a press briefing that will be held at Johnson Space Center at 3:00 pm ET tomorrow (2:00 pm Central Time), December 18, on NASA TV.   Participants include ISS Program Manager Mike Suffredini, ISS flight director Dina Contella, and lead spacewalk officer Allison Bolinger.

Each of the three spacewalks will begin at 7:10 am ET, with NASA coverage beginning at 6:15 am ET.   All of them are expected to last six and a half hours. 

A date for the Cygnus launch was not announced.  The press release says only that it will take place no earlier than January.