Category: Military

Witnesses Argue Government Has Ethical Obligation for Lifetime Astronaut Medical Care–And Needs Data, Too

Witnesses Argue Government Has Ethical Obligation for Lifetime Astronaut Medical Care–And Needs Data, Too

Three current and former astronauts, NASA’s Chief Medical Officer and a medical ethicist told a congressional committee today that the U.S. Government has an ethical obligation to provide lifetime medical care to people who fly into space as part of a NASA program.  In addition, the data NASA could obtain by following individuals after they leave the astronaut corps would be invaluable in determining how to protect the health of current and future astronauts.

Three men who have made multiple journeys into space provided the astronaut viewpoint:  Chris Cassidy, current head of the NASA astronaut office at Johnson Space Center (JSC); Michael Lopez-Alegria, who until recently held the U.S. record for the longest continuous spaceflight (215 days) and still holds the record for the most spacewalks (10), currently President of the U.S. chapter of the Association of Space Explorers; and Scott Kelly, who just broke Lopez-Alegria’s continuous spaceflight record by remaining in space for 340 days.  Lopez-Alegria and Kelly are both retired from NASA now.  All three are current or retired military officers as well.

Military personnel have lifetime medical coverage under the TRICARE program through the Department of Veterans Affairs (VA) and civilian government retirees may have coverage through the Department of Labor’s Federal Employees’ Compensation Act (FECA).   NASA also has a voluntary Lifetime Surveillance of Astronaut Health (LSAH) program for former astronauts.

Collectively they do not cover all former astronauts (such as those who leave NASA’s astronaut corps before retirement or payload specialists who were never government employees) nor do they systematically collect data about former astronauts as they access medical care.  The LSAH program is voluntary and only about 60 percent of former astronauts take advantage of it.  It provides health status evaluations and former astronauts must travel to JSC to take part.  If a medical condition is uncovered, NASA currently is authorized just to encourage the former astronaut to follow up with his or her personal health care provider, not to provide diagnosis or treatment.

The hearing before the Space Subcommittee of the House Science, Space and Technology Committee on June 15 focused on two questions the situation presents:  what obligation does the federal government have to individuals who fly into space on behalf of the government and society at large, and what data are not being collected that could inform the government as it designs spacecraft and missions to take astronauts further into space for longer periods of time.

The three astronauts, NASA Chief Medical Officer Richard Williams, and Professor of Bioethics and Public Policy Jeffrey Kahn, were in agreement that the government has an ethical obligation to provide lifetime medical care for astronauts who fly as part of a government program and that NASA also needs the long term data on the health effects of spaceflight to inform current and future programs.

Kahn chaired a 2014 Institute of Medicine (IOM) study on Ethics Principles and Guidelines for Health Standards for Long Duration and Exploration Spaceflights.  His committee identified six principles, two of which he said were relevant to this discussion:  fairness and fidelity (or reciprocity).   Fairness “requires that equals be treated equally” — that there needs to be a risk-benefit balance between those who take the risks of spaceflight (astronauts) and those who benefit (society).  Fidelity “recognizes that individual sacrifices made for the benefit of society may give rise to societal duties in return” — those who consent to take long term health risks for society’s benefit (astronauts) are entitled to “society’s commitment to minimize any harms that emerge, whenever they emerge.”

Other government and non-government employees similarly engage in activities that risk their health — the military and the nuclear industry among many others — but Kahn said his committee tried to find occupational parallels and concluded that astronauts are in a “unique category.”

Williams discussed legislation that has been drafted to provide NASA with the authority to perform not only the evaluations currently conducted through the LSAH program, but also diagnosis and treatment for former astronauts.  There are 280 living former astronauts, Williams said, and the cost of monitoring and diagnosis would be about $800,000 a year.  Costs for treatment are difficult to estimate, but he anticipates there would be on average only one or two cases of significant illness every 1-2 years that would be expensive (on the order of $500,000) to treat.

Lopez-Alegria, who made four spaceflights, the longest of which was 215 days, and Kelly, who made a 159-day spaceflight in addition to his record-setting 340-day mission, both discussed some of the health effects they have experienced.  Lopez-Alegria said he suffers from changes in his eyesight — Microgravity Ocular Syndrome — a recently discovered medical condition for astronauts who make long-duration spaceflights that is not yet understood.  He said about 60 percent of long duration flyers are afflicted with this condition.  His written statement provides a brief, but comprehensive summary of health effects experienced by astronauts more broadly and asserts that statistically, astronauts who fly to and from the International Space Station (ISS) on Soyuz spacecraft and remain for 6 months “have a threat of mortality comparable to those of U.S. infantry combatants on D-Day and New York City firefighters on 9/11.” 

Kelly said that he was “pleasantly surprised” that initial data on his bone and muscle mass show little difference between his two missions, but other data, including that from the “Twins Study” with his twin brother Mark Kelly, will not be available for some time.  He stressed that although his bone and muscle mass might not have changed much based on flight duration, he felt quite different returning from the 340-day mission.  One difference was his skin was extremely sensitive after almost a year without coming into contact with clothing or anything else.  After returning to Earth he developed a hive-like rash on “every surface of my skin that came into contact with ordinary surfaces on Earth … like sitting or lying in bed.”  He also experienced flu-like symptoms and swollen legs. Although NASA focuses attention on the high risk launch and reentry phases of spaceflight, Kelly stressed, “much less attention is given to other risks astronauts face which are much more insidious, but potentially just as fatal.”   He cited exposure to high levels of radiation and carbon dioxide as well as the microgravity environment that causes loss of bone and muscle, vision impairment and effects on the immune system.

Lopez-Alegria polled the U.S. members of the Association of Space Explorers — members must have made at least one orbit of the Earth — and reported there was “unanimity” that NASA needs to be able to provide advanced monitoring, diagnosis and treatment for former astronauts.  His focus, however, is on the need to gather data to inform future policies and procedures for managing health risk in space.  It is “unforgivable” to not obtain these data from the only population — current and former astronauts — that can provide it.

Williams summarized what is in the proposed legislation, but the text was not released. He said it would give NASA the authority to provide lifetime medical monitoring and diagnosis for former astronauts for medical conditions that NASA determines are associated with human spaceflight.  It would apply to all former NASA astronauts regardless if they later fly into space with private companies, for example. 

The draft legislation would not, however, apply to “space tourists” who make the journey into space of their own accord and not as part of a NASA program.  Lopez-Alegria, who previously served as President of the
Commercial Spaceflight Federation, a trade group that advocates for private human spaceflight, said he supports the
“democratization” of space where many more people will have an
opportunity to make spaceflights.  Getting health data from them on a
voluntary basis would be beneficial, but he does not believe the
government has an ethical responsibility to them as it does for those
taking part in spaceflights paid for by tax dollars on behalf of the country.

Although the draft legislation applies only to medical conditions “deemed by NASA to be associated with human spaceflight,” Kahn said his committee considered the question of “causality” and determined it was “impossible to answer” and “not compelling” in determining whether lifetime medical care is provided.  That is especially true since new information is obtained all the time and it may take years before the relationship between spaceflight and a particular medical condition is understood.

Kahn’s 2014 IOM study is only the most recent on this topic.  The first, Safe Passage, was issued in 2001 and led to language in the 2005 NASA Authorization Act that directed NASA to consider a lifetime health care program for astronauts.  The House-passed 2015 NASA Authorization Act (H.R. 810) would require NASA to respond to the 2014 IOM recommendations.  That bill has not been taken up in the Senate, however.  The draft legislation discussed today could be included in a revised version of that bill.  Despite the short legislative schedule remaining for the year, there continue to be rumors that an attempt will be made to get a NASA authorization act passed before Congress adjourns.

Senate Reaches Agreement on Russian RD-180 Engines

Senate Reaches Agreement on Russian RD-180 Engines

Sen. Bill Nelson (D-FL) brokered an agreement among Senators who have been at sharp odds over how to transition U.S. rocket launches away from reliance on Russian RD-180 engines to a new American-made engine.  The Nelson amendment passed the Senate this morning by voice vote as part of the FY2017 National Defense Authorization Act (NDAA).  The NDAA itself then passed the Senate by a vote of 85-13.

In brief, the compromise sets December 31, 2022 as the end date for awarding contracts to the United Launch Alliance (ULA) for Atlas V launches of national security satellites that would use RD-180 engines.  It also limits to 18 the number of RD-180s that can be used between the date that the FY2017 NDAA is signed into law (enacted) and that end date.

Sen. Nelson’s office provided SpacePolicyOnline.com with a copy of the amendment as passed.

The amendment that passed originated as one written by Nelson and Sen. Cory Gardner (R-CO), that was then modified by one from Sen. John McCain (R-AZ).  McCain chairs the Senate Armed Services Committee (SASC) and has been the strongest voice for limiting the number of RD-180s to half that approved by this compromise and for a 2019 cut-off date.

The issue has pitted McCain and SASC against Sen. Richard Shelby (R-AL) and Sen. Dick Durbin (D-IL) of the Senate Appropriations Committee, creating a schism between the Senate committees that authorize DOD activities (SASC) and pay for them (Appropriations).

Durbin praised Nelson for being the “bridge over troubled waters” who was able to find a compromise between the starkly different positions.

The Nelson amendment also settles a related issue.  The version of the FY2017 NDAA that emerged from SASC (S. 2943, S. Rept. 114- 255) would have prevented the Air Force from awarding launch contracts to bidders that use rocket engines from Russia, basically making ULA’s Atlas V ineligible for future contracts.  The defense appropriations bill approved by the Senate Appropriations Committee (S. 3000, S. Rept. 114-263) conversely said that awards could be made to any certified provider regardless of the rocket engine’s country of origin. The compromise states that contracts may be awarded to any certified launch service provider, but Russian engines may be used only for launches in the phase 1(a) and phase 2 Evolved Expendable Launch Vehicle (EELV) procurements.  Phase 2 runs through 2022.  (The Government Accountability Office has a useful report that explains the EELV procurement strategy and its different phases.)

The amendment does not specify RD-180s, but instead bounds the use of Russian rocket engines generally for national security launches.  ULA is currently the only company that offers national security launch services using rockets powered by Russian engines, but the language would apply to any company offering such services.  Orbital ATK, for example, uses Russian RD-181 engines for its Antares rocket, which launches cargo spacecraft for NASA to the International Space Station.  If it were to bid for EELV launches, it presumably would be subject to these limits.

Also, although the cut-off date of December 31, 2022 is for awarding contracts, the limit on the number of engines — 18 — refers to how many may be “used” between the date the law is enacted and that date.

The House passed its version of the NDAA last month.  It permits 18 engines and allows any certified provider to win launch contracts.  The two chambers must reach agreement on the NDAA overall, but while there are still some differences on this issue, it appears to be close to resolution.

Note:  This article has been updated and clarified to say that December 31, 2022 is the date through which contracts may be awarded regardless of the rocket engine’s country of origin, rather than the date by which they must be used.

What's Happening in Space Policy June 13-18, 2016

What's Happening in Space Policy June 13-18, 2016

Here is our list of space policy events for the week of June 13-18, 2016 and any insight we can offer about them.  The House and Senate are in session this week.

During the Week

The Senate will resume consideration of the FY2017 National Defense Authorization Act (NDAA) on Monday, with the hope that it can be completed quickly.  The Senate agreed to close debate on the bill on Friday and complete all debate by 11:00 am ET on Tuesday.  It then will vote on germane amendments and passage of the bill.   Debate over a Nelson-Gardner amendment regarding Russian RD-180 engines took up a good part of Friday, but no vote was taken.  They want to set December 31, 2022 as the end date for using RD-180s, whereas Senate Armed Services Committee Chairman John McCain insists on 2019, which was set in law by a previous NDAA.  The Nelson-Gardner amendment also does not mention how many engines may be procured, while McCain insists on only nine more.  The RD-180 debate has been covered extensively by SpacePolicyOnline.com already and will not be repeated here.

Senate leadership wants to finish NDAA and move on to the FY2017 Commerce-Justice-Science appropriations bill, which funds NASA and NOAA among other agencies.

The House plans to take up the FY2017 Defense Appropriations bill this week.  The House Rules Committee will meet on Tuesday to decide which amendments may be offered.  Assuming they agree, the bill will move to floor debate promptly.  The House has passed two of the 12 regular appropriations bills so far (Military Construction-VA and Legislative Branch), while a third (Energy-Water) was defeated.  The Senate has passed three (Energy-Water, and a single bill that combined MilCon-VA and Transportation-HUD). 

The Space Subcommittee of the House Science, Space and Technology (SS&T) Committee will hold a hearing on Wednesday afternoon on “Human Spaceflight Ethics and Obligations: Options for Monitoring, Diagnosing and Treating Former Astronauts.”   This issue of lifetime health care for astronauts has been percolating for years.  It concerns what ethical obligations the government has to provide medical care to astronauts once they leave the corps as well as the useful medical information NASA could gain from following them as the years pass.  The issue was raised as long ago as 2001 in the Safe Passage report from the Institute of Medicine (IOM, now the National Academy of Medicine).  A 2014 IOM report raised the same issues as did an October 2015 report from the NASA Inspector General. The 2005 NASA authorization act directed NASA to consider the need for establishing a lifetime health care program for NASA astronauts.  NASA determined that it needs specific legislative authority to do so and has proposed legislation since then, but it has not been enacted.  The House-passed 2015 NASA authorization act (H.R. 810) directs NASA to respond to the IOM recommendations, but the Senate has not acted on that bill.  Wednesday’s hearing will bring attention to the issue (and there are those who believe that a NASA authorization bill could still get passed by the end of the year).  Scott Kelly, who just returned from a U.S. record-setting 340-day stay aboard the International Space Station (ISS), Michael Lopez-Alegria, who previously held the record for the longest continuous U.S. human spaceflight and is now President of the Association of Space Explorers, and Chris Cassidy, head of the astronaut office at Johnson Space Center, are among the witnesses.  The list also includes Secretary of Labor Tom Perez; the chairman of the 2014 IOM study, Jeffrey Kahn; and NASA Chief Medical Officer Richard Williams.  The House SS&T committee typically webcasts its hearings.

On a totally different subject, Joan Johnson-Freese and Theresa Hitchens will discuss a paper they recently co-authored for the Scowcroft Center at the Atlantic Council on Toward a New National Security Space Strategy on Friday.  Johnson-Freese is a professor at the Naval War College and author of several books on national security space and China’s space program.  Hitchens is currently a senior research scholar at the University of Maryland after serving as head of the United Nations Institute for Disarmament Research (UNIDIR).  Mike Gruss from Space News will also participate in the discussion.  (We’ve inquired as to whether it will be webcast.  If we find out, we’ll post the information on our Events of Interest list.)

It will be busy up in space this week, too.   On Tuesday, Orbital ATK’s Cygnus spacecraft will depart from the ISS.  Five hours later, a fire will erupt inside the spacecraft as part of an experiment called SAFFIRE to observe how fires evolve in microgravity.   The robotic spacecraft is not designed to survive reentry, so it is a good candidate for such research.   Miles O’Brien had an excellent segment about the experiment on the PBS NewsHour last week.   

Then on Saturday, three crew members (NASA’s Tim Kopra, ESA’s Tim Peake, and Roscosmos’ Yuri Malenchenko) will return home.  NASA TV provides live coverage as usual.  Landing is at 5:12 am Eastern Daylight Time.

Those and other events we know about as of Sunday morning are shown below.  Check back throughout the week to see what’s been added to our Events of Interest list.

Sunday-Friday, June 12-17

Monday, June 13

Tuesday, June 14

Wednesday, June 15

Thursday, June 16

Friday, June 17

Saturday, June 18

What's Happening in Space Policy June 6-10, 2016

What's Happening in Space Policy June 6-10, 2016

Here is our list of space policy events for the week of June 6-10, 2016 and any insight we can offer about them.  The House and Senate are in session this week.

During the Week

The House and Senate return to work this week.  Time is getting short.  The House will meet this week and the next two weeks, then take a week off for the July 4 holiday, and meet for the first two weeks of July.  Then it recesses for 7 weeks for the Republican and Democratic presidential conventions (Republican, July 18-21 in Cleveland; Democratic July 25-28 in Philadelphia) and its usual August summer break.  The Senate has a similar schedule, though it is taking a shorter July 4 recess.   When they return in September, they will have only three weeks to finish work on appropriations bills to keep the government open past September 30.

The Appropriations Committees in each chamber are making solid progress in reporting out the 12 regular appropriations bills, but getting them passed on the floor is a challenge.  The House thought it had agreement on the Energy and Water Bill before the Memorial Day break, for example, but politics intervened and the bill was defeated.  The Senate passed the Transportation-HUD bill, which funds the FAA’s space office, but there is no word on when the defense bill or the Commerce-Justice-Science (CJS) bill will be taken up.

The defense authorization bill, however, is moving along.  (Not sure of the difference between an appropriation and an authorization?  See our What’s a Markup? fact sheet.)   The House already passed the FY2017 National Defense Authorization Act (NDAA) and the Senate will take up its version tomorrow (Monday). 

Only one space-related hearing is on tap this week, and it’s not really a “space” hearing in the traditional sense.  The Environment Subcommittee of the House Science, Space and Technology Committee will hold a hearing on private sector weather forecasting on Wednesday.  Subcommittee chairman Rep. Jim Bridenstine (R-OK) has an intense interest in commercial weather satellite data and Sandy MacDonald from SPIRE Global is on the witness list.  That is one of the companies hoping to sell GPS Radio Occultation data to NOAA.  NOAA chose radio occultation data for its commercial weather data pilot program. Bridenstine inserted language in NOAA’s FY2016 appropriations bill requiring NOAA to establish the pilot program and now has included similar language in the House version of the NDAA to direct DOD to set up a parallel project.  His goal is to have more small weather satellites instead of a few “Battlestar Galaticas” that are vulnerable to failures and enemy attack (he supports NOAA’s JPSS and GOES programs, too, but doesn’t want to be totally reliant on them).

Many briefings, meetings and conferences are taking place off the Hill this week.  It’s difficult to choose just one or two to highlight so be sure to look through the entire list below.  The European Space Agency’s (ESA’s) Tuesday briefing on initial results from its LISA Pathfinder gravitational wave mission should be interesting.  It’s taking place in Spain and will be webcast, though the time is rather early (5:30 am) on the U.S. East Coast, never mind for those of you further West.

The American Bar Association’s Space Law conference all day Wednesday also looks really good, including a keynote from Bridenstine before he has to rush off to chair that hearing.  The conference has five panels on the American Space Renaissance Act, legal and policy issues of “active debris removal” (e.g. who decides which space objects are “debris” or not and who has the right to move or destroy them), intentional jamming of satellite transmissions, hosted payloads, and one with the intriguing title “Who is On Your Space Vehicle?”   Michael Dodge (University of North Dakota), Laura Montgomery (FAA), Margaret Roberts (NASA), and Caryn Schenewerk (SpaceX) will discuss that last topic.  NASA General Counsel Samara Thomson-King is the luncheon speaker.

Those are just samples of the interesting events this week.  The list below contains all the ones we know about as of Sunday morning.  Check back throughout the week for others that we learn about later and post to our Events of Interest list.

Monday, June 6

Monday-Tuesday, June 6-7

Tuesday, June 7

Tuesday-Wednesday, June 7-8

Tuesday-Thursday, June 7-9

Wednesday, June 8

Wednesday, June 8 – Friday, June 17

Thursday, June 9

Friday, June 10

What's Happening in Space Policy May 30-June 4, 2016

What's Happening in Space Policy May 30-June 4, 2016

Here is our list of space policy events for the week of May 30 – June 4, 2016 and any insight we can offer about them.  The House and Senate are in recess this week.

During the Week

Tomorrow (Monday) is Memorial Day in the United States, where we honor the men and women who have died in the service of our country.  Federal offices will be closed and the House and Senate have taken the week off from legislative business to check in with their constituents back home. It is the unofficial start of summer and a lot of people are off on vacation — but not everyone! 

The Secure World Foundation (SWF) has an interesting panel discussion on Tuesday about national security space strategy that (unfortunately) is at exactly the same time as a meeting of NASA’s Applied Sciences Advisory Committee (i.e. applied earth sciences).  The NASA advisory committee meeting was rescheduled from April and will be held by telecon. If you’re interested in both, but there’s only one of you, SWF usually records its seminars and posts the audio on its website soon after the meeting.  The speaker line-up is terrific:  Joan Johnson-Freese from the Naval War College, Todd Harrison from CSIS, Peter Hays from GWU, John Sheldon from ThorGroup, and Brian Weeden and Victoria Samson from SWF.

Another NASA advisory committee — the Planetary Protection Subcommittee of the Science Committee of the NASA Advisory Council — meets in person at NASA HQ on Wednesday and Thursday.  There is nothing specifically on the agenda about the new NASA-SpaceX agreement on Red Dragon, which includes NASA providing “consultation and advice” to SpaceX on planetary protection, but perhaps it will come up anyway.

The Next-Generation Suborbital Researchers Conference (NSRC) 2016 runs from Thursday to Saturday at the Omni Interlocken Resort in Broomfield, CO, while back in Washington, the National Air and Space Museum hosts “Space Day” on Saturday with family oriented activities.

Elsewhere in the world, the fourth European Space Solutions conference on “Bringing Space to Earth” is taking place at The Hague all week, the ILA Berlin Air Show is Wednesday-Saturday, and the second Asteroid Impact Deflection Assessment (AIDA) conference is Wednesday-Friday in Nice, France.

Those and other activities we know about as of Sunday morning are shown below.  Check back throughout the week for new events that are added later to our Events of Interest list.

Sunday, May 29 – Friday, June 24 (four weeks)

Monday-Friday, May 30-June 3

Tuesday, May 31

Wednesday-Thursday, June 1-2

Wednesday-Friday, June 1-3

Wednesday-Saturday, June 1-4

Thursday-Saturday, June 2-4

Saturday, June 4

Senate Schism on Russian Rocket Engines Continues – UPDATE

Senate Schism on Russian Rocket Engines Continues – UPDATE

The Senate Appropriations Committee’s Defense Subcommittee approved its version of the FY2017 defense appropriations bill today.  Few details have been released, but in at least one area — Russian RD-180 rocket engines — the schism between Senate appropriators and authorizers seems destined to continue.  The full appropriations committee will mark up the bill on Thursday. [UPDATE:  The committee approved the bill on May 26.]

Senate appropriators and authorizers clashed last year over the number of Russian RD-180 rocket engines the United Launch Alliance (ULA) may obtain for its Atlas V rockets for launching national security satellites.  The Senate Armed Services Committee (SASC), chaired by Sen. John McCain (R-AZ), limited the number to an additional nine.  The Senate Appropriations Committee essentially lifted that limit in the FY2016 appropriations act at the urging of two of its most senior members — Sen. Richard Shelby (R-AL) and Sen. Richard Durbin (D-IL).  ULA builds its rockets in Alabama.  It is a 50-50 joint venture of Boeing and Lockheed Martin.  Boeing is headquartered in Chicago, IL.

McCain vehemently opposes the appropriations action and SASC’s FY2017 National Defense Authorization Act (NDAA) — which is scheduled to be debated on the Senate floor this week — would repeal that section of the law.  (McCain and House Majority Whip Kevin McCarthy, R-CA, introduced stand-alone bills in January to repeal that provision, but there has been no action on them.)

The ongoing argument over the number of engines has overshadowed related issues.  One is highlighted in the Senate Appropriations Committee’s brief summary of the bill approved at subcommittee level today.

“Space Launch/RD-180 Engines – The Committee recommendation includes a
general provision, as requested by the Administration, which requires
all competitive launch procurements to be available to all certified
launch providers regardless of the country of origin of the launch
vehicle rocket engine.”

That appears to push back on language in McCain’s NDAA that prohibits the Secretary of Defense from certifying any entity to bid for the award or renewal of a contract for space launch services if that entity would use a rocket engine designed or manufactured in the Russian Federation.  If enacted, that would preclude ULA from bidding for national security launches using the Atlas V since its engines are built in Russia.  ULA operates two launch vehicles — the Atlas V and Delta IV.  SpaceX is the only other certified provider for national security launches and ULA argues that its Delta IV is not cost competitive with SpaceX, so Atlas V is its only option in such competitions.  SASC’s NDAA addresses that issue by allowing half of the money allocated for developing a U.S. alternative to the RD-180 to be used to offset increased launch costs (presumably for using the pricey Delta IV).

The appropriations subcommittee also approved $396.6 million, $100 million above the request, to develop a U.S. alternative to the RD-180.  The markup was short and sweet. It lasted only about 30 minutes and the topic of rocket engines did not arise.  Full committee markup on Thursday begins at 10:30 am ET. [UPDATE:  The committee approved the bill on May 26.]

(Not sure of the difference between an authorization and an appropriation?  See SpacePolicyOnline.com’s “What’s a Markup?” fact sheet.)

What's Happening in Space Policy May 23-27, 2016

What's Happening in Space Policy May 23-27, 2016

Here is our list of space policy events for the week of May 23-27, 2016 and any insight we can offer about them.  The House and Senate are in session this week.

During the Week

YES!  It is, indeed, another busy week.  Not to worry — Memorial Day is coming up next week and Congress, at least, will take a breather.  Wanting to get as much done as possible in this first half of the year (before the elections overwhelm everything else), the House and Senate have another full plate.

On the floor, the Senate will debate its version of the FY2017 National Defense Authorization Act (NDAA) and the House will take up the FY2017 Intelligence Authorization Act (IAA).  The IAA is on Tuesday’s suspension calendar, indicating that it is expected to pass with minimal debate.  The unclassified bill and report require three space-related briefings or reports (on JICSPoC, on actions taken in response to the December 2015 National Research Council report on space defense and protection, and improving U.S.-Japan space cooperation) all of which also are required by the House version of the NDAA.

In committee, the full House Appropriations Committee will markup the FY2017 Commerce-Justice-Science bill (NASA and NOAA) and the Transportation-HUD bill (FAA space office) on Tuesday morning.  At the same time, the Senate Appropriations Defense Subcommittee will be marking up the FY2017 defense bill, with full committee markup on Thursday.

The American Meteorological Society (AMS) and the American Geophysical Union are holding a lunchtime briefing in one of the Senate meeting rooms (385 Russell) on Wednesday about a really important, but not widely known, issue that could affect utilization of NOAA’s new GOES-R weather satellites.  The first in the GOES-R series will be launched this fall. The space-to-ground frequency band for GOES-R is being threatened In the ever growing battle between space- and terrestrial-based services over spectrum allocations. The demand for spectrum to satisfy our insatiable desire for mobile broadband services is coming up against our need for critical weather forecasts. The Federal Communications Commission (FCC) wants to make the 1675-1680 MHz band available for sale.  That band is used for transmitting data from the GOES satellites and for other earth science purposes.  AMS has a fact sheet explaining the issue and three experts at the Wednesday briefing (including Scott Pace from GWU’s Space Policy Institute) will go into it in more detail.  Note than an RSVP is required (lunch will be served).

Of the many other events coming up, one may especially pique the interest of folks who will be in D.C. on Tuesday.  New America, which describes itself as “a nonprofit civic enterprise: an intellectual venture capital fund, think tank, technology laboratory, public forum, and media platform,” is having an event “over drinks” from 5:30-7:00 pm ET, on “What Can D.C. Learn from Sci-Fi?”  Science fiction author Charles Stross will be interviewed by two “tech policy experts (and science fiction fans)” from New America and the American Civil Liberties Union.  One topic is “why the idea of space colonization is unrealistic.”  New voices in the world of space policy are always welcome, so this should be enlivening.

NASA will expand the Bigelow Expandable Activity Module (BEAM) that is attached to the International Space Station (ISS) on Thursday morning.  NASA TV coverage begins at 5:30 am ET and there will be a media teleconference at 10:00 am ET with NASA’s Jason Crusan and Bigelow Aerospace President Robert Bigelow.  BEAM was delivered to ISS on the SpaceX-8 cargo mission and transferred to a docking port on the Tranquillity module last month.

Those and other events we know about as of Sunday morning are shown below.  Check back throughout the week for additions to our Events of Interest list that are announced later.

Monday, May 23

  • NASA and National Security (AFA Mitchell Institute) featuring NASA Administrator Charlie Bolden, Capitol Hill Club, 300 First St., SE, Washington, DC, 7:00-9:00 am ET

Tuesday, May 24

Tuesday-Wednesday, May 24-25

Tuesday-Thursday, May 24-26

Wednesday, May 25

Thursday, May 26

House Passes FY2017 NDAA – UPDATE

House Passes FY2017 NDAA – UPDATE

The House passed the FY2017 National Defense Authorization Act (NDAA) a few hours ago.  The bill, H.R. 4909, authorizes and recommends funding levels for national security space programs.  The bill increases from nine to 18 the number of Russian RD-180 rocket engines the United Launch Alliance (ULA) can obtain for its Atlas V rockets, recommends funding for developing a U.S. alternative to the RD-180, and allows some of that money to spent on portions of a new launch system other than the engine.

On the RD-180 issue, the House bill is at odds with the Senate Armed Services Committee (SASC), which insists that ULA should be allowed to obtain only nine more, so that debate is certain to continue.

The House adopted an amendment offered by Rep. Adam Smith (D-WA) and Mike Rogers (R-AL) that responded to objections raised by the White House in its Statement of Administration Policy (SAP).  Smith is the top Democrat on the House Armed Services Committee (HASC).  Rogers is the chairman of its Strategic Forces Subcommittee that oversees most national security space programs.

In prior NDAAs, HASC had insisted that money allocated for building a U.S.
alternative to Russia’s RD-180 be spent only on an engine, not on other parts of a new launch system. During committee markup in April, a Smith amendment was adopted that allowed up to 25 percent of the funds to be spent on a new launch vehicle, upper stage, strap-on motor, or related infrastructure.  The White House SAP complained about the restriction, however, arguing that the committee was too focused on just one part of the launch system.

The Smith/Rogers amendment increases that percentage to 31 percent.  

The SAP also disagreed with language in the bill that would have required the government to obtain intellectual property rights for any new rocket propulsion system developed with government funds.   

The Smith/Rogers amendment replaces that language with a requirement that the Secretary of Defense develop a plan to protect the government’s investment and assured access to space, including acquiring rights, as appropriate, for the purpose of developing alternative sources of supply and manufacture in case they are needed if, for example, the company goes out of business.

The amendment was grouped together with a number of others during floor debate into “En Bloc 8” and passed by voice vote.

The House passed the bill by a vote of 277-147, with most Democrats voting against it (142 against, 40 in favor).  If the President were to veto the bill, there would be enough votes to sustain it.  A two-thirds vote of both chambers is required to overturn a veto.  When the House has its full complement of 435 members, that means 290 votes are needed to overturn, 13 more than voted in favor of the bill.   The bill has a long way to go, however.  In addition to the RD-180 issue, there are many differences with the SASC version, which is expected to be debated by the Senate next week.

Note: this story was updated with additional detail on the House vote and the Senate schedule for considering its version of the NDAA.

House Appropriators Approve FY2017 Defense Bill

House Appropriators Approve FY2017 Defense Bill

The House Appropriations Committee approved the FY2017 defense appropriations bill today.  It generally steers clear of the RD-180 controversy that is so prevalent in the other defense committees, approving the $296.6 million requested for building an alternative U.S. engine, offering no comment on how many RD-180s should be procured while that new engine is developed.  However, it does dip into the topic of awarding launches on a competitive basis and reduces from five to three the number of Evolved Expendable Launch Vehicles (EELVs) that may be procured in FY2017.  The committee expresses concern about planning for future satellite systems, including weather satellites, and provides funding for a commercial weather pilot project.

Strictly speaking, appropriations committees provide funding while authorizing committees set policy and recommend funding levels.  The House Armed Services Committee (HASC) is the defense authorization committee in the House.  Its bill, the FY2017 National Defense Authorization Act, is currently being debated on the House floor.  (Not sure of the difference between an authorization and an appropriation?  See SpacePolicyOnline.com’s  “What’s a Markup?” fact sheet.)

The House Appropriations Committee’s views on national security space issues include the following:

  • Space Based Infrared System (SBIRS).  The committee is concerned that new payload technology is being developed without an approved future systems architecture. It also worries that the SBIRS analysis of alternatives for a future system lacks clearly defined roles and responsibilities to determine requirements. It directs the Secretary of the Air Force to brief congressional defense and intelligence committees and reduces funding for “Evolved SBIRS” by $20 million (from a total SBIRS RDT&E request of $162 million) as an “unjustified request.”
  • Satellite Communications and AEHF.  The committee is concerned that DOD does not have a unified satellite communications architecture, including the purchase of commercial services, and that the Services and elements of the Office of the Secretary of Defense appear to be at odds over planning for future space, ground and user equipment systems.  It encourages the Secretary of Defense to consolidate SATCOM planning and budget authority into one entity and reduces funding for Advanced Extremely High Frequency (AEHF) MILSATCOM by $30 million (from the RDT&E request of $229 million) as an “unjustified request.”
  • Weather Satellite Follow-on and Commercial Weather Pilot Project.  The committee is concerned that DOD lacks sufficient focus and planning capability to efficiently and affordably meet weather data collection requirements.  Five near-term data gaps exist. The Air Force has no approved plan for remediating two of them and remediating the other three involves building and launching a technology demonstration satellite which, if successful, would lead to an interim free-flying satellite until a long term plan is devised.  No formal effort is underway to design a baseline system.  Therefore, the request of $119 million is cut by $30 million.  The committee also adds $5 million for a commercial weather satellite pilot project similar to the one created by Congress for NOAA last year (HASC recommends creation of the pilot program, funded at $3 million in FY2017).  It also cuts $5 million from an NRO weather study. (The HASC bill proposes transferring the weather satellite program to NRO from the Air Force until the system is operational.)
  • Launch Vehicle Procurement. The committee cuts the request for procuring Evolved Expendable Launch Vehicles (EELVs).  It approves $1.028 billion for three EELVs. The request was $1.501 billion for five EELVs.  The committee explains its action only by saying that the request is “early to need.”  The bill also provides (Sec. 8047) that competitively procured launch services must be open for award to all certified providers of EELV-class systems and the award shall be made to the provider that offers the best value (not necessarily the best price) to the government.
  • Alternative Rocket Engine.  The committee provides $296.6 million for the development of an alternative rocket engine for space launch, the same as the request.
Obama Administration Threatens to Veto House NDAA – UPDATE

Obama Administration Threatens to Veto House NDAA – UPDATE

The Obama Administration issued its Statement of Administration Policy (SAP) on the House version of the FY2017 National Defense Authorization Act (NDAA) today.  The bill, H.R. 4909, is before the House Rules Committee at the moment and, subject to a rule being granted, will reach the House floor for debate this week.  The SAP states that the President’s advisers will recommend that he veto the bill if changes are not made.  Such threats have become common and last year the President followed through, although a compromise was ultimately reached.

The main obstacle to last year’s NDAA was funding.  The President vetoed the first FY2016 NDAA that cleared Congress, but after a top-level budget agreement was reached in October, a revised version was passed and it received the President’s signature,

Funding is also one of the major issues this time, although the 17-page SAP has a very long list of complaints.  The funding issue this year is because the House Armed Services Committee (HASC) decided to redirect $18 billion from the Overseas Contingency Operations (OCO) account — which pays for operations in Afghanistan, for example — into activities that are supposed to be part of DOD’s base budget, not the special OCO funds that do not count against the budget caps.  That way HASC can spend more money for defense without exceeding the caps, but it means that the OCO account has only enough money to pay for American troops fighting overseas until April 2017, not through the end of FY2017.  Whoever becomes President in January will have to immediately request a supplemental appropriations bill to keep the troops funded.  “By gambling with warfighting funds, the bill risks the safety of our men and women fighting to keep America safe, undercuts stable planning and efficient use of taxpayer dollars, dispirits troops and their families, baffles our allies, and emboldens out enemies,” the SAP asserts.

From a space policy standpoint, the SAP also criticizes HASC’s actions regarding the Russian RD-180 rocket engine issue. HASC adopted the position held by the Administration and the United Launch Alliance (ULA) that 18 more RD-180s are needed to keep ULA’s Atlas V rockets available through the early 2020s, but retains some restrictions on how the money can be spent.  Although the language in this bill is more flexible than in the last two NDAAs, the Administration still objects.  The debate is over whether the money Congress is providing to develop a U.S. alternative to the RD-180 may be spent only on a new engine, or on other parts of a new launch system.  Previous NDAAs forbid using the money for anything other than the engine.  This bill has a modified version of that prohibition that allows up to 25 percent of the research and development funds to be spent on a new launch vehicle, upper stage, strap-on motor and related infrastructure.  The amendment containing that language was offered by Rep. Adam Smith (D-WA), the top Democrat on HASC, and adopted by voice vote at the very end of the 16-hour markup on April 27-28.

The SAP has this to say about it:

Rocket Propulsion System Development Program: The Administration appreciates the amended language to section 1608 of the FY 2015 NDAA to authorize up to 18 RD-180 engines, ensuring a necessary and cost-effective bridge to American-made launch services. However, the Administration strongly objects to section 1601, which would place restrictions on the funds to eliminate the Nation’s use of these engines for national security space launches. The Committee’s approach overemphasizes one component of a launch vehicle and, in doing so, risks the successful and timely fielding of new domestic launch systems. The Administration is committed to developing new American-made propulsion systems as part of these new launch vehicles, but this should be done in accordance with well-accepted systems engineering principles and not arbitrary funding allocations.

The SAP also rejects a provision that requires the Government to obtain rights and technical data about any new rocket propulsion system.

The Administration also strongly objects to the direction in section 1601 requiring the acquisition of Government purpose rights and technical data for any new rocket propulsion system. Complying with this direction is not feasible as it would likely require re-negotiation of the current development contracts, thereby delaying the delivery of the new domestic capabilities beyond 2019. Pursuing such robust data rights would also undermine the very nature of the public-private partnerships, require significantly more Government funding, and risk further industry investment and participation. The Administration’s public-private partnerships are successfully leveraging willing private investment to develop commercially viable launch vehicles, and this has already saved taxpayers nearly $200 million, while maintaining access to the data that the Government needs. These partnerships could save taxpayers more than $500 million through 2019 and deliver valuable capabilities for the Nation and benefits to our economy faster than the Committee’s approach. 

The House Rules Committee met this evening to begin discussion about the rule that will govern floor debate on the bill.  The meeting continues tomorrow (Tuesday) afternoon where the committee will decide which of the 372 amendments that have been submitted will be allowed on the floor for debate.  The rule dictates how much time each side (pro and con) will have to debate the bill in its entirety and each of the permitted amendments and sets other conditions, such as waiving points of order.

The expectation is that the committee will approve a rule tomorrow and floor debate will begin on Wednesday.  [UPDATE; Word as of this morning (Tuesday) is that debate will begin later today.] Several of the submitted amendments deal with the RD-180/U.S. replacement issues.

The Senate Armed Services Committee (SASC) has approved its version of the bill and took a very different approach to RD-180s, so the debate is certain to continue no matter what happens in this bill.

The SAP also raises objections to two other space-related provisions in the bill.

As currently written, the bill requires DOD to initiate concept definition, design, research, development and engineering evaluation and testing for a space-based intercept and defeat missile defense layer and space test bed.  The SAP says the Administration appreciates congressional support for its missile defense program, but there is “no requirement for a space-based intercept and there are concerns about the technical feasibility and long-term affordability of interceptors in space.”

The bill would also transfer from the Air Force to the National Reconnaissance Office (NRO) responsibility for some space-based environmental monitoring missions.  The committee states in its report on the bill that it is concerned about the Air Force’s lack of planning, coordination, and execution of activities to meet space-based environmental monitoring requirements.  It notes that the Defense Meteorological Satellite Program (DMSP) originated in NRO and was later transferred to the Air Force and wants the same arrangement now “in which the NRO develops the program and then transfers it back to the Air Force after it is in operation.”  The SAP states that the entire DOD weather enterprise should be managed “as an integrated mission” and not split up.