Category: Military

Agreement on Final FY2015 Appropriations Hits Snag

Agreement on Final FY2015 Appropriations Hits Snag

By Marcia Smith | Posted: December 9, 2014 12:00 am ET | Last Updated: December 9, 2014 10:38 am ET

Efforts by congressional leaders to pass a new FY2015 appropriations bill by midnight Thursday to avoid a government shutdown hit a snag last night.  Although it is certainly possible still to complete action by Thursday, it would require agreement not only on outstanding policy issues, but skipping over some procedural steps.

The government is currently operating under a Continuing Resolution (CR) that expires at midnight on Thursday, December 11.  Congress needs to pass some type of appropriations bill — another CR or full-year appropriations or a combination of both — before then or there will be another shutdown as there was last year.   (It is common to refer to a “government shutdown” although some parts of government do continue operating, including programs and services funded by fees rather than appropriations and those involving safety of life and property.)

A new FY2015 appropriations bill combining funding for departments and agencies covered by 11 of the 12 regular appropriations bills through the end of the fiscal year (September 30, 2015) and the 12th for a shorter period of time was expected to be introduced by midnight last night (Monday).   The one bill that would not be funded through the end of the fiscal year is for the Department of Homeland Security (DHS), which includes immigration.   As a signal of Republican disapproval of President Obama’s executive order on immigration, DHS would be funded by a CR until January when Republicans will control both the House and Senate and will have more power to shape the congressional response to the President’s executive order.  This combination is sometimes referred to as a “cromnibus” — a mix of a CR and an omnibus spending measure. 

Ordinarily, bills must be made publicly available to Members of the House at least three days prior to a vote and since the vote is needed Thursday, the three day clock is already ticking.

However, disagreements over reauthorizing the Terrorism Risk Insurance Act (TRIA) and modifying financial regulations under the Dodd-Frank law are still being worked according to media reports.  In addition, some Republicans are opposed to funding any agencies to the end of the fiscal year.  They want a short term CR for everyone until they control both the House and Senate.

No information has been made public about how any of those departments and agencies have fared in negotiations to date.  NASA would receive a significant increase compared to the President’s request if the final bill resembles what passed the House and was approved the Senate Appropriations Committee this year.  NOAA satellite programs also generally fared well.  

The goal has been for this 113th Congress to adjourn on Thursday, but an extension is quite possible.  At least four scenarios could play out:

  • The cromnibus could be introduced today and pass the House on Thursday without the standard three-day waiting period, and Democrats and Republicans in the Senate could reach agreement to waive certain procedural steps, pass it, and get the bill on the President’s desk for signature before midnight on Thursday.
  • The cromnibus could be introduced today and a very short-term (from a day to a week) CR could be passed to give everyone time to read whatever bill emerges from the ongoing negotiations, with the expectation that it will pass on Friday or early next week.
  • A short-term (till January) CR could pass to leave the decisions to the new Republican-controlled Congress, which is scheduled to convene on January 6.
  • No bill could pass and there could be another government shutdown.

Republican and Democratic leaders in the House and Senate have made clear that they do not want another shutdown, so that seems the least likely outcome.

Last Updated: Dec 09, 2014 10:38 am ET
What's Happening in Space Policy December 8-12, 2014

What's Happening in Space Policy December 8-12, 2014

By Marcia Smith | Posted: December 7, 2014 12:00 am ET | Last Updated: December 7, 2014 8:52 pm ET

Here is our list of space policy-related events for the week of December 8-12, 2014 and any insight we can offer about them.  The House and Senate are in session.

During the Week

This well could be the final week of the 113th Congress.  If it can pass an appropriations bill to fund the government after December 11, when the current Continuing Resolution (CR) expires, and the FY2015 National Defense Authorization Act (NDAA), this Congress will close up shop.  The new 114th Congress, with Republicans in control of both the House and Senate, is expected to convene on January 6, 2015.

If all goes according to the plans of House and Senate leadership, this week Congress will pass a “cromnibus.” That’s a combination of a CR and an omnibus appropriations bill.  The idea is that Congress will pass an omnibus appropriations bill combining 11 of the 12 regular appropriations bills (including Defense and Commerce-Justice-Science) to fund most government agencies through September 30, 2015.   The exception is funding for the Department of Homeland Security (DHS), which includes immigration.   As a protest against President Obama’s immigration executive order, DHS would be funded only by a CR for a short period of time, probably through some time in January when Republicans control both the House and Senate and they have more power to engage the Obama White House.  A cromnibus could be good news for DOD, NASA and NOAA, providing money for the rest of FY2015.  NASA, in particular, could get a significant increase compared to President Obama’s request if the end result follows what the House passed in May and the Senate Appropriations Committee approved in June.

Some Tea Party Republicans want their leaders to take a stronger stance against the President’s immigration executive order, but at the moment it appears that House and Senate Republican leaders are more concerned about avoiding a government shutdown than scoring political points on immigration.  They seem content to wait three weeks until they control the Senate as well as the House to fight that battle.

Also, the Senate is expected to pass the compromise version of the FY2015 National Defense Authorization Act (NDAA), which passed the House last week.  It has a number of national security space provisions, including prohibiting the purchase of Russian RD-180 rocket engines after the current contract expires unless certain conditions are met.

Also coming up this week is the 9th Eilene M. Galloway Symposium on Critical Issues in Space Law on Wednesday.  This year’s theme is “Non-Traditional Commercial Space Activities: Legal and Poiicy Challenges, Opportunities and Ways Forward.”   

That’s the same day the Space Subcommittee of the House Science, Space and Technology Committee will hold a hearing on the status of NASA’s Orion and Space Launch System programs.

Those and other events we know about as of Sunday evening are listed below.

Monday, December 8

Tuesday, December 9

Wednesday, December 10

Wednesday-Thursday, December 10-11

Thursday, December 11

Thursday-Friday, December 11-12

Last Updated: Dec 07, 2014 8:52 pm ET
Government Clears ATK-Orbital Merger

Government Clears ATK-Orbital Merger

By Marcia Smith | Posted: December 4, 2014 12:00 am ET | Last Updated: December 4, 2014 6:38 pm ET

The Department of Justice and the Federal Trade Commission today agreed to the merger of ATK and Orbital Sciences Corporation.  The companies expect to complete the transaction in February 2015.

ATK and Orbital announced a “merger of equals” in April 2014. At the time, they expected the deal to close this month, but a variety of factors — including the launch failure of Orbital’s Antares rocket in October — delayed it slightly. Last month ATK signaled that it wanted to proceed, but the shareholder vote has been postponed until January 27, 2015.

In a joint press release, the two companies said they were informed by the Federal Trade Commission (FTC) that the FTC and the Justice Department have terminated the waiting period under the Hart-Scott-Rodino antitrust act effective today.

They expect the merger to close immediately after ATK spins off its sporting goods business, which will become a new, separate company, Vista Outdoor Inc.  That is expected in February “subject to the satisfaction of remaining closing conditions” including shareholder approval.

Last Updated: Dec 04, 2014 6:38 pm ET
House Passes Final FY2015 NDAA, Including RD-180 Cutoff, Money for New Engine

House Passes Final FY2015 NDAA, Including RD-180 Cutoff, Money for New Engine

By Marcia Smith | Posted: December 4, 2014 12:00 am ET | Last Updated: December 4, 2014 9:25 pm ET

The House passed the compromise National Defense Authorization Act (NDAA) for FY2015 today by a vote of 300-119.  The Senate is expected to the pass the bill next week.  It includes restrictions on the future use of Russia’s RD-180 rocket engine for the Atlas V rocket and authorizes $220 million to begin development of a U.S. alternative.

The House passed its version of the bill on May 22 and the Senate Armed Services Committee (SASC) approved a version on June 2.  The bill never made it to the floor of the Senate for a vote, however.  Instead, House and Senate members negotiated the final version (H.R. 3979) behind closed doors over the past several months.

The bill authorizes $585 billion for the Department of Defense (DOD) — $521 billion in base spending plus $64 billion for Overseas Contingency Operations (e.g. for the war in Afghanistan).

The bill has an entire subtitle devoted to a broad range of concerns about national security space programs (Subtitle A of Title XVI), including several provisions about space launch. Among them is a restriction on the use of Russian RD-180 engines for the United Launch Alliance’s (ULA’s) Atlas V rocket.  ULA’s Atlas V and Delta IV are Evolved Expendable Launch Vehicles (EELVs).

Section 1608 prohibits the Secretary of Defense (SecDef) from awarding or renewing a contract under the EELV program if it carries out space launch activities using rocket engines designed or manufactured in Russia.  The language does provide waiver authority if needed for national security or if launch services could not be obtained at a fair and reasonable price otherwise.

The language also exempts engines that were ordered under the block buy contract that the Air Force signed with ULA in December 2013 or under any contract signed before February 1, 2014 where the engines were fully paid for by the contractor or covered by a legally binding commitment that the contractor pay for them.

U.S. reliance on Russian rocket engines to launch many U.S. national security satellites became a significant issue this spring after Russia annexed Crimea, beginning a downward spiral in U.S.-Russian geopolitical relationships.  ULA and the Air Force insist that it is “business as usual” with the Russian company that builds the engines, but they have also acknowledged that it is time for the U.S. to build its own new liquid rocket engine.  ULA President Tory Bruno recently framed it as a business decision, not a geopolitical one, however.

The bill also requires the SecDef to develop a new U.S. liquid rocket engine (actually a propulsion system) by 2019.  The bill authorizes $220 million in FY2015, while noting that it “is not an authorization of funds for development of a new launch vehicle.”  (It is important to note that authorization bills only recommend funding levels, they do not actually provide any money.  Only appropriations bills give agencies money to spend.  Congress has not completed action on any of the FY2015 appropriations bills yet.)

In response to a query about its reaction to the language in the bill, ULA said by email that “any effort to cut-off the RD-180 before a new reliable engine is available would result in billions of increased costs to the U.S. taxpayer and will leave the nation with a huge gap in national security capabilities.”   ULA announced a partnership with Blue Origin in September to build a U.S. alternative to the RD-180.

The bill also –

  • Requires the Secretary of the Air Force (SecAF) to notify Congress of any change in the EELV acquisition plan and schedule.
  • Requires the Government Accountability Office (GAO) to report to Congress by June 1, 2015 on the advisability of the SecDef requiring new entrants (like SpaceX) to “establish or maintain business systems that comply” with DOD’s “data requirements and cost accounting standards … including certified cost or price date.”
  • Directs the SecAF to use competitive procedures in awarding the contract for the 5th Operationally Responsive Space launch and ensure DOD’s competitive space launch opportunity policies are followed.
  • Increases by one in FY2015 and another one in FY2015-2017, the number of rocket cores for which space launch providers certified under the EELV program may submit proposals.

To mention just a few of the other issues addressed in the bill, it restricts spending to 50 percent of the authorized amount for several programs — Weather Satellite Follow-on System, Space Based Infrared System (SBIRS) Space Data Exploitation, hosted payload and SBIRS wide field of view testbed, and protected tactical demonstration and protected military satellite communications testbed – until certain certifications or reports are provided to Congress.

It also prohibits use of funds authorized in the bill to store one of DOD’s existing weather satellites (Defense Meteorological Satellite Program –DMSP) until DOD certifies that it plans to launch the satellite and storing it is the most cost effective approach to meeting DOD requirements.  That issue pertains to the last DMSP satellite, DMSP-20, which the Air Force appears ambivalent about launching, but the storage costs are high.  It has been in storage for many years already.  The DMSPs were supposed to be replaced by National Polar-orbiting Operational Environmental Satellite System (NPOESS).  DOD has been trying to decide the future of its weather satellite program since NPOESS was cancelled in 2010.  It launched DMSP-19 earlier this year, but its plans for DMSP-20 are unsettled.

The bill also requires –

  • the SecDef to request a study by the Defense Science Board of the effectiveness of the ground and space sensor system architecture for space situational awareness.
  • the SecAF to brief Congress on requirements and investments needed to modernize DOD space launch facilities.
  • the SecDef to report to Congress assessing the ability of the United States to deter and defeat any adversary’s act of aggression in outer space.
  • the SecDef to report to Congress on whether its satellite communications organizational structure is efficient and effective and assess the merits of designating the Commander of Air Force Space Command’s Missile Systems Center as the single acquisition agent for wideband satellite communications.

The text of the bill and the joint explanatory statement are posted on the websites of the House Armed Services Committee and the Senate Armed Services Committee.

Editor’s Note:  H.R. 3979 initially was a bill regarding volunteer firefighters and emergency responders that passed the House and Senate earlier this year.  It then became a bill on emergency unemployment compensation.  The text of the compromise version of the NDAA was inserted into that bill (replacing what was there), a procedure referred to as using it as a “legislative vehicle” for passing something else.  The goal is to speed legislative action by amending a bill that has already passed both chambers.  It is not uncommon.

Last Updated: Dec 04, 2014 9:25 pm ET
What's Happening in Space Policy December 1-5, 2014

What's Happening in Space Policy December 1-5, 2014

By Marcia Smith | Posted: November 30, 2014 12:00 am ET | Last Updated: December 1, 2014 2:47 pm ET

Here is our list of space policy-related events coming up in the next week, December 1-5, 2014, and any insight we can offer about them.  The House and Senate are in session this week.

During the Week

First, it is important to note that two meetings we mentioned in our last edition have been postponed:  the NASA Advisory Council (NAC) Science Committee and the NAC Human Exploration and Operations Committee.  Both were supposed to take place this week, leading up to the meeting of the full NAC next week, but that also has been postponed.  NASA said in its Federal Register notice that senior agency officials were tied up with other activities, including the Orion Exploration Flight Test (EFT-1) launch on December 4.  (Two other NAC committee meetings this week–Aeronautics, and Technology, Innovation and Engineering–are still on track as far as we know.)

The Orion EFT-1 launch certainly will be one of the highlights this week.  It is scheduled for Thursday, December 4, at 7:05 am EST from Cape Canaveral.  NASA is pulling out all the stops in terms of media activities and even has Sesame Street characters involved. Elmo, Cookie Monster, Grover and Slimey are sharing what item they would pack to go to Mars, describing what the journey to Mars would be like as a crew member, and using their ABCs to better understand the Orion spacecraft.  Elmo will be present at the launch, NASA says. The EFT-1 mission lasts only about 4.5 hours from liftoff to splashdown in the Pacific. The launch window is 2 hours 40 minutes long, dictated by the need to have daylight to observe various events during the launch and for recovery operations in the ocean.  December 5 and 6 are backup dates if needed.

Before that, however, another significant launch is expected — Japan’s Hayabusa2 is currently scheduled for launch on Tuesday, December 2, at 11:22 pm EST (Wednesday, December 3, 1:22 pm local time in Japan).  The launch has been postponed twice in recent days due to weather, and could slip again, but whenever it occurs, the Japan Aerospace Exploration Agency (JAXA) plans to provide live video coverage.  This is Japan’s second asteroid sample return mission and will reach its target, asteroid 1999JU3, in mid-2018, returning the sample at the end of 2020.

The European Space Agency (ESA) will hold a critical “ministerial meeting” on Tuesday in Luxembourg.  The meeting brings together the ministers of each of ESA’s 20 member countries who oversee their country’s participation in ESA.  Ministerial meetings typically are held every three years, but this one is taking place just two years after the last one.  The ministers will make formal decisions on three resolutions regarding:

  • access to space (the future of Ariane and Vega);
  • space exploration strategy for ESA’s “three destinations (low-Earth orbit (LEO), Moon and Mars” including funding ESA’s ISS exploitation activities for the next three years (through 2017); and
  • evolution of ESA itself.

A press conference is expected after the meeting concludes about 18:30 Central European Time (CET), which would be about 12:30 pm EST.  It will be streamed live on ESA’s website.  (Note:  an earlier version of this article incorrectly showed the end time as 16:30, rather than 18:30 CET, which also changes the time in EST to 12:30 pm)

Those are just a few of the many activities on tap this week.  Here is what we know about as of Sunday afternoon.

Monday, December 1

Tuesday, December 2

Tuesday-Wednesday, December 2-3

Wednesday, December 3

Thursday, December 4

Friday, December 5

Correction:  An earlier version of this article stated that the ESA ministerial meeting would decide whether to continue participating in ISS through 2020.  The situation with regard to ISS is complicated.  At the December 2 meeting, the ministers will be deciding on funding ESA’s ISS exploitation activities through 2017.  They decided — in principle — to support ISS through 2020 at their last meeting (in 2012), but did not commit to the associated funding and therefore it was not a definitive commitment.

Last Updated: Dec 01, 2014 2:47 pm ET
Space Weather Difficult to Explain, But Accurate Forecasting is Critical

Space Weather Difficult to Explain, But Accurate Forecasting is Critical

By Marcia Smith | Posted: November 23, 2014 12:00 am ET | Last Updated: November 23, 2014 6:35 pm ET

Space weather happens every day not just when auroras light up the sky, but intense solar flares can disrupt our technological societies making forecasts of space weather just as critical as terrestrial weather.  That was the message at a seminar on Thursday (November 20) on Capitol Hill that explained why space weather is important and why satellites are needed to enable forecasters to warn of impending events.  A new satellite, DSCOVR, is about to join the effort.

Representatives of NASA, NOAA, the Air Force, the State Department and a regional electricity transmission organization laid out the science behind space weather, forecasting efforts by NOAA and the Air Force, practical effects on the electrical power grid, and international efforts to better understand and mitigate it.  The panel was sponsored by the Secure World Foundation (SWF) and American Astronautical Society (AAS).

Laura Delgado López, SWF project manager and AAS Board member, summed up space weather as “complex, international, and routine.”  It is indeed complex and several panelists pointed out that the topic simply is not conducive to “sound bite” explanations.

Lika Guhathakurta, Living with a Star and STEREO program scientist in NASA’s heliophysics division, stressed that space weather happens not just when the Sun is most active at solar maximum “but all the time.”   It is severe space weather events that attract media attention, however, and explaining the nuances between events that pose differing levels of potential damage can be a challenge.

Thomas Berger, Director of NOAA’s Space Weather Prediction Center (SWPC), pointed out that extreme space weather events are rare, but can have a considerable impact on technology.   An array of space- and ground-based sensors is used to collect data that allows SWPC to make operational forecasts and issue watches, warnings or alerts to stakeholders that could be negatively affected.  Satellites in earth orbit are particularly vulnerable to space weather impacts, but Berger identified other customers for SWPC’s forecasts as ranging from banking to shipping to oil drilling to utilities to the Federal Emergency Management Agency (FEMA) and many more.

Though they are not the only satellites used for operational space weather forecasting, spacecraft at the Sun-Earth L1 Lagrange point are critical for providing early warning of the intensity and polarity of particles emitted by eruptions on the Sun.   NASA and the European Space Agency (ESA) currently have spacecraft positioned at the Sun-Earth L1 point that are used by SWPC.  They were designed for research, not operations, however, and are quite old.   In two months, the Air Force will launch the NASA-NOAA Deep Space Climate Observatory (DSCOVR, once known as Triana) to satisfy the highest priority space weather operational requirements.

The electric utility sector is one of those customers.  Frank Koza, Executive Director of Infrastructure Planning Support at PJM Interconnection, explained the challenges of managing the electric power grid during severe solar weather events.  The Sun’s charged particles can cause geomagnetically induced currents (GICs) that knock out transformers, for example.  While his company has generators that can go from zero to full load in 10 minutes to add capacity and blunt the impact, adequate warning is needed.  SWPC issues warnings 1-3 days in advance based on solar activity, but critical data from the L1 satellites on intensity and polarity provide only about 20-40 minutes of warning, he said.  PJM is a wholesale electricity provider, managing the high-voltage electricity grid in all or parts of 13 states and the District of Columbia and selling that electricity to local power companies.

Space weather forecasting begins with observations, continues with modeling, and ends with watches, warnings, or alerts, Berger explained.  In that regard, it is similar to terrestrial weather forecasting.  SPWC is, in fact, part of the National Weather Service (NWS) and has its own system of designations from minor to extreme events for radio blackouts, solar radiation storms, or geomagnetic storms.

Asked what Congress can do to help in understanding, forecasting and coping with space weather, Chris Cannizzaro from the State Department’s Office of Space and Advanced Technology and Col. Robert Swanson from the Air Force’s Directorate of Weather both mentioned the need for budget certainty.   Swanson said it is critical to know how much money his office will have for training and other activities in order to spend it wisely.  Cannizzaro said budget uncertainty complicates efforts to enter into partnerships with other countries.  The United States is active in international forums like the U.N. Committee on Peaceful Uses of Outer Space (COPOUS), for example, to coordinate efforts to predict and mitigate space weather.

Swanson pointed out the capability to respond to space weather events is evolving and the White House Office of Science and Technology Policy (OSTP) has created an interagency space weather operations and mitigation task force to address the issue.

OSTP’s July 2014 National Plan for Civil Earth Observations directs NOAA, in consultation with NASA, to provide observations using its geostationary weather satellites (GOES) and DSCOVR to enable the forecasting of space weather and to study options and explore working with international and interagency partners to provide such data beyond the design lifetime of DSCOVR.

DSCOVR is scheduled for launch in January 2015 and will join NASA’s Advanced Composition Explorer (ACE) and ESA’s Solar Heliophysics Observatory (SOHO) spacecraft at Sun-Earth L1, which is 1.5 million kilometers (932,000 miles) from Earth.  SOHO has been operating since 1996 and ACE since 1997.

NASA has 17 other heliophysics spacecraft, Guhathakurta said.  Of them, she identified STEREO, SDO, and the Van Allen Probes as contributing to operational space weather forecasting.   STEREO is a pair of satellites, one ahead of Earth in its orbit and the other behind it.  The Van Allen probes are another pair in nearly identical elliptical Earth orbits.  The Solar Dynamics Observatory (SDO) is an inclined geosynchronous Earth orbit.

Like space weather, heliophysics is difficult to explain.  Guhathakurta referred to it as a “concocted” word that represents an environmental science that has an “applied branch” – space weather, and a “pure branch” – studying fundamental physical processes.  The phrase “solar and space physics” was commonly used before heliophysics became the term of art and is still used today in some quarters.

DSCOVR is intended to support operational space weather forecasting rather than research, which is NASA’s focus.  Scientists hope to launch future research spacecraft in accordance with the priorities set out in the most recent National Research Council Decadal Survey for Solar and Space Physics.

PowerPoint presentations from Thursday’s seminar are posted on SWF’s website.

Last Updated: Nov 23, 2014 6:35 pm ET
What's Happening in Space Policy November 24-December 5, 2014

What's Happening in Space Policy November 24-December 5, 2014

By Marcia Smith | Posted: November 23, 2014 12:00 am ET | Last Updated: November 23, 2014 1:45 pm ET

Here is our list of space policy related events for the next TWO weeks, November 24-December 5, 2014.   Congress is in recess this coming week for the Thanksgiving holiday and will return on December 1.

During the Weeks

The United States celebrates Thanksgiving this week (on Thursday), so after the launch and docking of three International Space Station ISS) crew members today (Sunday), there is nothing on the docket until the first week of December in terms of space policy. 

However, on November 29 (November 30 in Japan), the Japan Aerospace Exploration Agency (JAXA) will launch its second asteroid sample return mission, Hayabusa2, which should be of great interest.  JAXA will provide live TV coverage of the launch and spacecraft separation.

The first week of December is chock full of events.  To pick just two to highlight, ESA’s ministerial meeting on December 2 will decide the future of European launch systems and participation in the ISS program through 2020, and NASA’s December 4 launch of a test version of the Orion spacecraft  (EFT-1) on a 4.5 hour flight is a step forward for the future of the U.S. human spaceflight program.  Not everyone may agree on the next destination for the U.S. human spaceflight program — President Obama’s Asteroid Redirect Mission still has not captured much enthusiasm — but Orion is likely to be the NASA spacecraft to take astronauts wherever it is they will go beyond low Earth orbit.

Under the current schedule, Congress will meet during the first two weeks of December and then bring the 113th Congress to a close, with the 114th Congress convening on January 3, 2015.   What’s going to happen in those two weeks is, as always, completely unclear, and the two weeks could stretch through the holidays and even into the first two days of January if need be (which happened in 2012-2013 with the “fiscal cliff” showdown for those who remember).

The FY2015 Continuing Resolution (CR) now funding the government expires at midnight on December 11.  Under the best of circumstances (in terms of fiscal solvency and the ability of agencies to know how much money they have for FY2015), Congress will pass an omnibus appropriations bill before then combining all 12 regular appropriations bills and fund the government through the end of FY2015 (September 30, 2015).   Republican angst over President Obama’s immigration executive order (EO) is a complication, however.  Some Republicans insist that Congress not appropriate funds that could be used to implement the EO, but the Republican chairman of the House Appropriations Committee, Hal Rogers (R-KY), publicly explained that the immigration office that will implement the EO is funded by fees, not appropriations, so it is “impossible” (in his words) to do that.  Republicans could devise a surgical approach to defunding some part of the government to demonstrate their displeasure or hold up the entire bill or something in between.  The key is that not only must a bill get enough votes to pass Congress — the Senate remains in Democratic hands until January —  but the President must be willing to sign it, which would seem unlikely if it defunds something he deems of critical importance. 

It’s anybody’s guess as to what will happen.  Our best guess, for what it’s worth, is that Congress will pass a short term CR to carry the government through to mid- or late-January when the Republicans will be in control of both chambers rather than risk a government shutdown over the holidays because either Congress can’t pass a bill or it passes a bill the President won’t sign.   But we will keep our fingers crossed that an omnibus bill funding the government through September 30, 2015 is still a possibility.

Meanwhile, here is a list of all the events we know about for the next two weeks as of Sunday morning, November 23.

Sunday, November 23 (November 24 local time at the launch site in Kazakhstan)

Saturday, November 29 (November 30 local time at the launch site in Japan)

Monday, December 1

Monday-Wednesday, December 1-3

Tuesday, December 2

Tuesday-Wednesday, December 2-3

Thursday, December 4

Friday, December 5

 

Last Updated: Nov 23, 2014 1:45 pm ET
What's Happening in Space Policy November 17-21, 2014

What's Happening in Space Policy November 17-21, 2014

By Marcia Smith | Posted: November 16, 2014 12:00 am ET | Last Updated: November 16, 2014 2:43 pm ET

Here is our list of space policy events in the coming week, November 17-21, 2014, and any insights we can offer about them.  The House and Senate are in session.

During the Week

Congress is in session this week, but anything they are working on regarding space policy and funding is taking place behind the scenes.  One set of negotiations is over a compromise version of a FY2015 omnibus appropriations bill that is expected to combine all 12 regular appropriations bill into one and fund the government through the rest of FY2015 (September 30, 2015).   Word has it the bill will be publicly released the week of December 8, just in time to get it passed – hopefully – by midnight December 11 when the current Continuing Resolution (CR) expires. 

It’s not a sure bet, though. House Appropriations Committee chairman Hal Rogers (R-KY) warned this past week that if President Obama issues an Executive Order on immigration (i.e., takes action without waiting for Congress to act) before a deal is done on appropriations, there will be an “explosion.”   He’s worried appropriations will get caught in the crossfire.  If a new appropriations bill is not enacted by December 11, the government will shut down like it did in October 2013.  Some Tea Party Republicans consider government shutdowns a useful tactic and might try to cause another one in reaction to any Presidential action on immigration.  Even absent that, some have been arguing in favor of passing just another CR to fund the government for the first few weeks of the New Year when Republicans will control both the House and Senate and have more power to decide funding matters.  (We talked about the road ahead for appropriations in an earlier article.)

Negotiations also are underway on a FY2015 National Defense Authorization Act (NDAA).  It is the only annual authorization bill that Congress routinely passes, even if that happens at the very last minute.  The House passed its version in May, and the Senate Armed Services Committee (SASC) approved a version in June, but it has not gone to the Senate floor for debate yet.  They will probably skip that step and just bring the compromise to the floor.  Congress hasn’t missed passing an NDAA for more than 50 years no matter how high the political tensions.  Senate John McCain (R-AZ), who likely will chair SASC in the next Congress, included a provision in the SASC-version of the bill prohibiting DOD from contracting with space launch services providers that use Russian suppliers — aimed at the United Launch Alliance’s (ULA’s) use of Russian RD-180 engines for the Atlas V.   ULA President Tory Bruno said last week that congressional staffers now understand the “very harmful” unintended consequences of that language and are revising it as part of the NDAA negotiations.

Like appropriations, the NDAA probably won’t become public for a while yet.   Congress will be in recess next week for Thanksgiving, then return for two more weeks to finish what they can for the 113th Congress.  

Off the Hill, three NASA Advisory Council committees or subcommittees will meet this week in person or virtually (Planetary Protection on Monday and Tuesday, Institutional on Wednesday and Thursday, and Planetary Science on Friday).   The NSF-NASA-DOE Astronomy and Astrophysics Advisory Committee meets at NSF on Monday and Tuesday.   Alan Ladwig and Courtney Stadd’s ISU-DC Space Café discussion is on Tuesday evening (rescheduled from last Tuesday, which was Veterans Day and HBO’s Concert for Valor essentially took over DC).   And the Secure World Foundation and American Astronautical Society will host a briefing on space weather on the Senate side of the Capitol Visitor Center at lunchtime on Thursday.

Those and other events we know about as of Sunday afternoon are listed below.

Monday-Tuesday, November 17-18

Tuesday, November 18

Tuesday-Thursday, November 18-20

Tuesday-Friday, November 18-21

Wednesday-Thursday, November 19-20

Thursday, November 20

Friday, November 21

Last Updated: Nov 16, 2014 2:43 pm ET
ULA's Tory Bruno Vows To Transform Company

ULA's Tory Bruno Vows To Transform Company

By Laura Delgado | Posted: November 14, 2014 12:00 am ET | Last Updated: July 27, 2017 12:27 pm ET

Alluding to what he described as a moment of exciting change for the commercial launch industry, the newly appointed head of the United Launch Alliance (ULA) discussed how his company, the primary U.S. national security launch provider, will adapt to remain on top.

At an event Thursday hosted by the Atlantic Council, Salvatore “Tory” T. Bruno, ULA president and CEO, described his sense of “irrational optimism” at the future of the commercial launch industry. Widespread accessibility will be the key feature of a new environment, he explained, one where government and new commercial customers will need access to space to accomplish “missions we couldn’t conceive of in the past.”

ULA, the Boeing-Lockheed Martin joint venture established in 2006 with a record of 89 successful launches, is banking on experience to remain ahead in an industry facing new competition and possible constraints from foreign policy pressures.  Last April, Space Exploration Technologies Corp. (SpaceX) filed a complaint against the U.S. Air Force for awarding an $11 billion block buy contract to ULA for five years’ worth of launches on its Evolved Expendable Launch Vehicle (EELV). ULA has stated this block buy saved the government $4 billion, cutting launch prices in half. SpaceX has argued it can offer the same service for much less and is vying to compete for national space security launch contracts.

Although not referring to SpaceX directly, Bruno cited ULA’s “perfect record of mission success,” and “great heritage” as the benefit of doing business with the company.  But the country is demanding new things, he said, and “I am going to transform this company.” Bruno vowed to “cash in” the company’s decades of experience, reorganize to make it more agile, and establish new business models to adapt to the new environment. These changes will lead to improvements in how ULA interacts with its customers, both governmental and commercial, shorter launch cycles, and launch costs cut in half again.

Among the changes already under way, in September ULA announced a partnership with Blue Origin for the development of an alternative to the Russian-built RD-180 engine which ULA uses on its Atlas V vehicle.  In light of deteriorating diplomatic relations between the United States and Russia, for the past several months policymakers and industry leaders have been debating alternatives to reduce U.S. reliance on Russia for putting critical national security assets in orbit.

ULA intends to phase out the RD-180 over time and transition to an “American solution” to launching satellites using Blue Origin’s BE-4 rocket engine.  Bruno said that transition is coming “very soon,” but ULA will continue buying RD-180s under its existing contract with RD-AMROSS and is accelerating their delivery.  ULA wants to have eight rather than five delivered next year, he acknowledged.

Senator John McCain (R-AZ), expected to chair the Senate Armed Services Committee (SASC) in the next Congress, included language in the Senate version of the FY2015 National Defense Authorization Act (S. 2410, sec. 1623) prohibiting DOD from contracting for space launch services from companies using Russian suppliers.  Asked about his reaction to the language, Bruno replied that, as originally drafted, the language would have been “very harmful” to ULA in ways “the drafters did not intend” and is being revised as part of negotiations over the final version of the bill.

When asked by a reporter for Russia’s news agency, Itar-TASS, why the RD-180s were being phased out and deliveries accelerated, Bruno made no reference to the tense geopolitical circumstances, however.   Instead, he framed it strictly as a business decision.  Praising the RD-180 as a “great” engine that is very reliable with “terrific performance,” he nonetheless said it was time to move past the technologies of the 1970s and 1980s and build a lighter engine with improved thrust.  As for moving up the delivery timetable, he said that was in response to anticipated market demand for more Atlas V launches.

The Atlantic Council has posted the webcast of the event on its website.

Last Updated: Jul 27, 2017 12:27 pm ET
House and Senate Return to Work Today To Finish 113th Congress, Prepare for Next Year

House and Senate Return to Work Today To Finish 113th Congress, Prepare for Next Year

By Marcia Smith | Posted: November 12, 2014 12:00 am ET | Last Updated: November 12, 2014 5:22 pm ET

The House and Senate return to work today to finish out the 113th Congress and get ready for the 114th, which begins in January.   The congressional landscape will change significantly then, with Republicans taking control of the Senate in addition to the House.  Generally, space activities have bi-partisan support in both chambers.  Where that has broken down in the past is over budgets and that could be a defining issue in the 114th Congress.

But first, over the next several weeks Congress needs to complete work on FY2015 appropriations.  There remains a question as to whether the appropriations will cover the rest of the fiscal year – through September 30, 2015 – or only a few months, but something must be done by December 11 to keep the government open.  On that day, the Continuing Resolution (CR) currently funding the government expires.

The prevailing wisdom is that Congress will pass an omnibus FY2015 appropriations bill combining all 12 regular appropriations bills and fund the government through the rest of FY2015.  Some Tea Party Republicans, however, want a short term bill to carry the government only through the first few weeks of the New Year when Republicans are in control of both chambers.

The House has passed seven of the 12 regular appropriations bills, and although the Senate has not passed any, the Senate Appropriations Committee completed work on eight. The two that fund most space activities are Defense (national security space programs) and Commerce-Justice-Science (NASA and NOAA).  A third, Transportation-HUD, funds activities at the FAA’s Office of Commercial Space Transportation.

The House has passed and the Senate Appropriations Committee has approved all three of those bills increasing the likelihood that final action on them can be completed by year’s end if prevailing wisdom holds true.

Congress also has not yet completed action on new authorization bills for NASA or DOD. Like appropriations, the House has passed bills for both, but the Senate has not passed either.   Congress has an unblemished record for more than 50 years of passing annual DOD authorization bills, formally called a National Defense Authorization Act (NDAA).  Pundits are predicting that one will pass this year, too, probably by using the House-passed bill as the basis for a behind-the-scenes compromise and sending it to the Senate floor for a vote, skipping the step of passing a Senate version first.

As for NASA, it is always possible that similar negotiations could also result in a bill clearing Congress this year, but the NASA bill is not considered as crucial as the NDAA. With little time on the legislative calendar, the imminent change in party control, and the departure of key Senate Democratic staffer Ann Zulkosky, getting the NASA bill done could be problematical.

The Senate also is expected to try and approve at least some of President Obama’s nominations, particularly those for judicial positions.  Whether Dava Newman’s nomination to be NASA Deputy Administrator can get through in such a short time will depend on many factors, such as whether she has a Senate champion willing to push for it or if any opposition has developed.   Expectations were that it would not be considered until next year and that is probably a good bet.

What will happen in the 114th Congress is anyone’s guess.  There’s a presidential election coming up in 2016 and each party will use the next two years to convince the electorate to choose a President from their side of the aisle (President Obama cannot run for another term, so there will be no incumbent).  Not to mention that all of the House and one-third of the Senate will once again be up for election.  How all of that plays out in congressional politics is to be determined.  There is much talk at the moment of the two parties working together because the electorate is weary of Washington gridlock, but such talk is typical right after an election.   Rarely does it actually lead to compromise.  With some Republicans vowing to repeal the Affordable Care Act (“Obamacare”) and fight the President on issues from immigration to the Keystone Pipeline, it is difficult to be optimistic.

All the committee and subcommittee chairmanships will change in the Senate, since the Republicans are taking control.  Even though Republicans retained control in the House, 11 committee chairmanships are up for grabs because of term limits or retirements.  There is a lot of speculation about who will be in charge of what, which is important, but in terms of the fate of government-funded space programs, a more important factor is whether deficit cutting returns as the dominant issue in Congress.

Republicans and Democrats have been fighting for the past six years over how to reduce the deficit.  The Republicans want only funding cuts, while Democrats want a combination of funding cuts and tax increases.   The result of the deadlock over this issue was sequestration – across-the-board funding cuts for federal agencies that are part of the “discretionary spending” portion of the budget that Congress directly allocates (as opposed to mandatory spending for programs like Medicare and Social Security).

Both parties oppose sequestration, but could not reach a compromise on any other solution.   In December 2013, a temporary truce was negotiated by the chairs of the House and Senate Budget Committees, Rep. Paul Ryan (R-WI) and Sen. Patty Murray (D-WA), where sequestration limits were lifted, but only for FY2014 and FY2015.  Consequently, budget fights were not as intense for FY2015 and NASA, for example, would get a significant boost if it gets what is allocated in its House-passed and Senate Appropriations Committee-approved appropriations bill.

That could be a short-term win, though. Unless Congress changes the law, sequestration is back for FY2016 and beyond. Republicans do not like sequestration any more than Democrats, and now that they will control both chambers, they could try to repeal sequestration and replace it with cuts to mandatory spending.  They can only go so far, though, without alienating their own voters or prompting a presidential veto.  Discretionary programs like NASA and NOAA could once again be in the budget bulls eye and while DOD as a whole may fare better, it is far from clear if that would extend to its space programs.

A lot of what happens in the 114th Congress may depend on whether “establishment” Republicans, including Speaker of the House John Boehner (R-OH) and incoming Senate Majority Leader Mitch McConnell (R-KY), can work with their Tea Party colleagues or if there will be intra-party fights.  Also, in the Senate, the Democrats could adopt the tactics McConnell has used so effectively as Minority Leader in preventing action on most legislation.   The Senate will have 53 Republicans, 44 Democrats, and 2 Independents who caucus with the Democrats, essentially a 53 – 46 split (one race, Louisiana, is still undetermined). That is basically the inverse of the situation today.  Just as Senate Republicans stymied action under Democratic control, so could Democrats do the same now that they will be in the minority.

Last Updated: Nov 12, 2014 5:22 pm ET

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