Category: Space Law

House To Take Up Defense, Weather, Commercial Space Bills This Month

House To Take Up Defense, Weather, Commercial Space Bills This Month

By Marcia Smith | Posted: May 2, 2015 12:00 am ET | Last Updated: May 2, 2015 5:26 pm ET

In a letter to House Republicans yesterday, Majority Leader Kevin McCarthy (R-CA) laid out a packed agenda of national security and “innovation” bills that the House will debate and vote on this month.  The House is in recess this coming week, but will return May 12 for two weeks of work before recessing again for Memorial Day.

McCarthy’s list of bills does not include the NASA Authorization Act for 2016 and 2017 that cleared the House Science, Space, and Technology Committee on a party line vote on April 30.

Among the “innovation” bills that will be considered during the week of May 18-21 are the Weather Forecasting Improvement Act that was approved by the House SS&T Committee on March 26.  It is not focused on weather satellites per se, but includes a pilot program to encourage the private sector to build and launch commercial systems to provide weather data that NOAA would purchase.   Also on McCarthy’s list is a “Commercial Space Bill” that has not yet been introduced.  It is described as facilitating a “pro-growth environment for the developing commercial space industry.”  A draft update of the Commercial Space Launch Act (CSLA) has been circulating on the Hill for several weeks, but this bill apparently will be broader, dealing with other aspects of commercial space activities.   The other innovation bills are not directly related to space activities.

But first the House will debate the FY2016 National Defense Authorization Act (NDAA) that was approved by the House Armed Services Committee (HASC) on April 30.  H.R. 1735 includes funding and policy direction for most national security space programs.  For example, iIt would modify the language in last year’s NDAA regarding the timeline for replacing Russia’s RD-180 rocket engine with an American-built engine.  Existing law requires that to happen by 2019.  The bill would add more flexibility.  SpacePolicyOnline.com summarized the space-related provisions on April 23 that were adopted by the Strategic Forces subcommittee, and, on April 30, space-related amendments added during full committee markup.

The NDAA will be debated during the week of May 12-15 along with two other national security bills that are not directly space related.

Those bills will all be debated by the House as a whole this month.  Other legislation may be working its way through committees.  The Commercial Space Act listed by McCarthy is one.  Under regular procedure, it would be introduced, hearings held, followed by subcommittee markup and then full committee markup, but any of those steps (except introduction) can be skipped, especially if the majority is confident it has the votes to pass it.  McCarthy represents the district in California that includes Edwards Air Force Base and the Mojave Air and Space Port.  He introduced the Suborbital and Orbital Advancement and Regulatory Streamlining (SOARS) Act in the last Congress.  House SS&T held a hearing in November 2013, but no further action was taken.  It would not be surprising if the substance of that bill is incorporated in the new legislation.

The House Appropriations Commerce-Justice-Science (CJS) subcommittee may also markup its FY2016 bill in May although the committee has not announced its schedule for the month yet.  The committee has approved three of the 12 regular appropriations bills already and two (Military Construction-Veterans Affairs, and Energy and Water ) have passed the House.

Last Updated: May 02, 2015 5:26 pm ET
What's Happening in Space Policy May 4-8, 2015

What's Happening in Space Policy May 4-8, 2015

By Marcia Smith | Posted: May 2, 2015 12:00 am ET | Last Updated: May 5, 2015 8:02 am ET

Here is our list of space policy events for the week of May 4-8, 2015 and any insight we can offer about them.  The Senate is in session this week.  The House is in recess.

During the Week

With the House in recess and Spring in the air, this is a comparatively light week for space policy aficionados.  There are two interesting conferences in Washington, DC — WIA’s Aerospace 2015 on Tuesday and the Humans 2 Mars Summit on Tuesday and Wednesday — but for many the highlight probably will be the SpaceX pad abort test on Wednesday at Cape Canaveral, FL.  It is a test, and a very brief one as NASA and SpaceX keep pointing out, of the abort system for the Dragon spacecraft as part of its certification for carrying NASA astronauts.  

At a briefing on May 1, SpaceX’s Hans Koenigsman joked that if you wait to hear the sound, the test will be over already.  The test does not involve the use of a Falcon 9 rocket.  Instead, eight Super Draco engines integrated into the Dragon capsule will fire for just six seconds, propelling the capsule to an altitude of about 5,000 feet.  Dragon will then descend under parachutes to a water landing 1.5 minutes after ignition.  The landing point is about 1 mile offshore.  Dragon will be recovered and returned to SpaceX’s McGregor, TX facility for analysis.  An instrumented dummy named Buster will be along for the ride to measure g forces and other parameters that an astronaut would experience.   The brief test has a long launch window, 7:00 am – 2:30 pm ET, and Koenigsman urged everyone to be patient — they will do it when they’re ready.

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

Tuesday, May 5

Tuesday-Wednesday, May 5-6

  • Humans 2 Mars Summit (Explore Mars and George Washington University’s Space Policy Institute), George Washington University , Washington, DC (location update:  the conference is being held in different locations on the GWU conference depending on the day; check the event’s website for more information)

Wednesday, May 6

Last Updated: May 05, 2015 8:02 am ET
White House: House NASA Bill Would Do Serious Damage To Space Program

White House: House NASA Bill Would Do Serious Damage To Space Program

By Marcia Smith | Posted: May 1, 2015 12:00 am ET | Last Updated: May 2, 2015 6:20 pm ET

A day after the House Science, Space, and Technology (SS&T) Committee approved a NASA authorization bill for 2016 and 2017 with deep cuts to certain NASA programs, the White House responded by asserting that the bill “would do serious damage to the Nation’s space program.”

The Republican-sponsored bill, HR. 2039, was approved by the House SS&T committee yesterday on a party line vote.  Four Democratic amendments to either replace the bill entirely or add funding to certain accounts (earth science, space technology, and aeronautics) were defeated, also on party line votes.  The bill shifts money, especially from earth science, to the Space Launch System (SLS), the Orion spacecraft, associated ground systems, planetary science, and astrophysics. 

The cuts to earth science are the most controversial because they are so large.   Republicans argue that NASA’s unique role in government is space exploration and earth science should be funded by other agencies.   Democrats argue that NASA is the only agency that launches satellites for earth science research and it is part of NASA’s core responsibilities.   The first objective listed in the National Aeronautics and Space Act, as amended, is “expansion of human knowledge of the Earth and of phenomena in the atmosphere and space.” 

The bill would make substantial cuts to NASA’s space technology development activities, too.   A SpacePolicyOnline fact sheet on the NASA FY2016 budget request summarizes the key provisions of the bill and includes a table comparing the funding proposed in the bill to NASA’s current funding and the President’s request for FY2016.

Today, President Obama’s science adviser and Director of the White House Office of Science and Technology Policy, John Holdren, issued a statement saying the cuts to space technology would risk U.S. leadership in the space industry and “impede progress” on technologies needed to enable humans to travel beyond low Earth orbit.  That goal is embraced by both Democrats and Republicans.  He called the cuts to earth science “draconian” that would “gut” NASA programs that provide observations and measurements needed for forecasting and tracking a wide range of natural disasters.

NASA’s mission to understand the solar system and the universe has “long been matched in importance by its mission to use the unrivaled vantage point of Earth orbit for looking downward,” he said, and it is difficult to understand why Congress would want to undermine NASA’s leadership in “outward-facing and inward-facing” research.

Holdren said the bill would be voted on by the House later this month.  No date has been announced for that action.  The House will be in recess next week.  The Senate has not yet introduced its own FY2016 NASA authorization bill.  If a bill similar to H.R. 2039 did pass the House and Senate, it appears quite unlikely that the President would sign it into law.

Last Updated: May 02, 2015 6:20 pm ET
HASC Approves FY2016 NDAA

HASC Approves FY2016 NDAA

By Marcia Smith | Posted: April 30, 2015 12:00 am ET | Last Updated: April 30, 2015 11:18 pm ET

After 18 hours of debate, the House Armed Services Committee (HASC) adopted the FY2016 National Defense Authorization Act (NDAA) as amended during its deliberations.  For space programs, little changed from the subcommittee markup last week.

The markup of H.R. 1735 began on time at 10:00 am ET on Wednesday and ended at 4:39 am ET today (per Politico).  The only lengthy break was to hear Japanese Prime Minister Shinzo Abe’s address to a joint session of Congress Wednesday morning.

Among the dozens of amendments debated, only a few affected space programs.  Three “sense of Congress” amendments were adopted as part of an en bloc package (Rogers 2) submitted by Strategic Forces chairman Mike Rogers (R-AL).  Sense of Congress statements basically assert how Congress feels about an issue, but do not require action. Two were offered by Rep. Doug Lamborn (R-CO) and one by Rep. Rob Bishop (R-UT) saying it is the sense of Congress that —

  • as outlined in the 2010 National Space Policy, the United States should help assure the use of space for all responsible parties and deter others from interference and attack, defend U.S. and allied systems, and, if deterrence fails, defeat efforts to attack them (Lamborn);
  • a robust multi-mission space sensor network will be vital to ensuring a strong missile defense system (Lamborn); and
  • the Secretary of Defense should evaluate options for using current DOD assets for the purpose of rapid reconstitution of critical space-based warfighter enabling capabilities (Bishop).

Separately, Rep. Trent Franks  (R-AZ) offered an amendment (207r1) directing the Missile Defense Agency to “commence the concept definition, design, research, development, and engineering evaluation of a space-based ballistic missile intercept and defeat layer to the ballistic missile defense system.”  The amendment has a list of specifications and requires a report to Congress one year after enactment of the law with an interim briefing by March 31, 2016.  The amendment was adopted 35-27.

At the very end of the markup, another en bloc amendment (Full Committee En Bloc #5) was adopted that included one sponsored by Rep. Steve Knight (R-CA).  The amendment (159r2) modifies section 1606 on acquisition strategy for the Evolved Expendable Launch Vehicle (EELV) program by adding more requirements to ensure full and open competition.

A webcast of the markup and all the amendments and their disposition are on the committee’s website, which has a special section specifically for the NDAA.

Apart from those minor changes, the bill that cleared the committee this morning is the same as what emerged from subcommittee markup last week regarding space programs.

Last Updated: Apr 30, 2015 11:18 pm ET
Intense Partisanship Over NASA Resurfaces on House Committee

Intense Partisanship Over NASA Resurfaces on House Committee

By Marcia Smith | Posted: April 30, 2015 12:00 am ET | Last Updated: May 1, 2015 2:21 pm ET

The House Science, Space and Technology (SS&T) Committee approved a new NASA authorization bill today amid partisan discord reminiscent of a markup of a 2013 NASA authorization bill that never made it to the floor of the House for a vote.  Four Democratic amendments were rejected on party-line votes, and the original bill was approved on a party-line vote. The committee’s top Democrat vowed that the bill would never become law.

The rancorous markup of H.R. 2039, the NASA Authorization Act for 2016 and 2017, was in sharp contrast to recent committee and subcommittee hearings on space topics as well as action on two prior NASA authorization bills for 2014 and 2015.  Congressional Republicans and Democrats differ with the Obama Administration on a number of NASA issues, especially the future of the human spaceflight program.  The top Democrat on the Space Subcommittee, Rep. Donna Edwards (D-MD), as recently as Tuesday talked about the “tremendous” working relationship she had with subcommittee chairman Rep. Steve Palazzo (R-MS).   She expressed hope that they could find a solution to the drastic funding cuts to NASA’s earth science program included in H.R. 2039 before the markup, but that did not happen.

At the markup today, she wondered aloud as to the purpose of having a space subcommittee when it was never consulted about the bill, never held a hearing on the bill, and for at least the past several years had never held a hearing on NASA’s earth science program despite it now being targeted for cuts.

Rep. Eddie Bernice Johnson (D-TX), the top Democrat on the full committee, was even blunter.  Noting that Democrats were not consulted about the bill and did not even know about it until Republicans announced the markup last Friday, she lambasted what she called the Republican “ideological agenda” and lamented that Republicans were “throwing out” all the bipartisan work that characterized the 2014 and 2015 bills by cutting NASA’s earth science and aeronautics budgets.  Those cuts “have nothing to do with making America safer or stronger… They are simply the expression of the Majority’s stick-your-head-in-the-sand ideology.”

Committee Republicans led by chairman Lamar Smith (R-TX) defeated Democratic attempts to pass a substitute bill offered by Johnson and three other targeted amendments to increase funding for earth science (Edwards), space technology (Rep. Ami Bera, D-CA), and aeronautics (Rep. Don Beyer, D-VA).   They would have added money to the total NASA budget recommended in the bill.  Republicans insisted that it would add to the nation’s debt and the committee had to set priorities.

Republicans argue publicly that NASA’s unique role is space exploration and earth science research should be conducted by other agencies.  Many also are climate change skeptics who are not enthusiastic about spending money on climate research.  They took money from earth science, as well as from space technology, and reallocated it to the Space Launch System (SLS), Orion spacecraft, associated ground systems, planetary exploration, and astrophysics.

Both sides introduced letters they received from stakeholders in the aeronautics and space communities either opposing or endorsing the bill as introduced (they are posted, along with the amendments and opening statements, on the respective Republican and Democratic committee websites).

In the end, the bill was approved as introduced.  A SpacePolicyOnline.com fact sheet summarizing the bill contains a table comparing its funding provisions to those appropriated for FY2015 and requested by President Obama for FY2016.

NASA Administrator Charlie Bolden issued a statement after the markup saying that the bill “guts our Earth science program and threatens to set back generations worth of progress in better understanding our changing climate….NASA leads the world in the exploration and study of planets, and none is more important than the one on which we live.”  He added that the bill also underfunds space technology that the “nation needs to lead in space, including on our journey to Mars.”

Johnson, the full committee’s top Democrat, vowed that the bill would never become law and could erode support for NASA overall.  “There are those in this country, and in this Congress, who don’t think NASA should be a priority.  NASA has survived and thrived over the years only because of the strong bipartisan backing of those who understand the importance of NASA to our national wellbeing.  The bill before us will never become law.  But the Majority’s willingness to walk away from bipartisanship in order to appease their own most ideologically driven Members, risks eroding support for NASA in general.  This, I fear, will be one of the most unfortunate consequences of the Majority’s actions.”

Committee Republicans were unswayed.  The bill was approved 19-15 along party lines.

Chairman Smith issued a statement asserting that the bill “restores balance to NASA’s budget and supports its role as the only government agency responsible for space exploration.”  The bill is sponsored by Palazzo, Smith and 15 other Republicans, including the chairman of the House Appropriations Commerce-Justice-Science subcommittee that funds NASA, Rep. John Culberson (R-TX).  (Authorization bills recommend funding, but do not actually provide any money.  Only appropriations bills provide money.  For more on the difference between authorizations and appropriations, see our “What’s a Markup” fact sheet.

Last Updated: May 01, 2015 2:21 pm ET
Proposed NASA Authorization Bill Draws Mixed Reviews From Stakeholders-UPDATE

Proposed NASA Authorization Bill Draws Mixed Reviews From Stakeholders-UPDATE

By Marcia Smith | Posted: April 29, 2015 12:00 am ET | Last Updated: April 30, 2015 8:56 am ET

Updated April 30, 2015 with a clarification regarding the letter from Citizens for Spaceflight Exploration-Texas.

Letters from three stakeholder groups to the House Science, Space, and Technology (SS&T) Committee offer mixed reviews of the 2016-2017 NASA Authorization Act that will be marked up by the committee tomorrow.  The Planetary Society, the Commercial Spaceflight Federation, and the Coalition for Space Exploration support certain aspects of the legislation, but not the bill in its entirety.  A fourth letter, from Citizens for Spaceflight Exploration-Texas, endorses the human exploration aspects of the bill.

The Republican-sponsored bill was announced last Friday and formally introduced on April 28 as H.R. 2039.  The policy provisions of the bill are virtually identical to language that passed the House on a bipartisan basis in February as part of the 2015 NASA Authorization Act.  The big difference is the budget section. The 2015 act, which has not passed the Senate yet, included funding figures only for FY2015.  That is the fiscal year currently underway so that bill did not require debates about funding.  

H.R. 2039, however, includes funding recommendations for future years, FY2016 and FY2017.  This bill is the first salvo in what could turn out to be a highly partisan debate over NASA’s priorities.  The bill makes funding recommendations based on two different budget scenarios  — an “aspirational” level where the caps set by the 2011 Budget Control Act (BCA) are removed and a “constrained” level where the caps remain in force.  NASA’s earth science program would suffer significant cuts under either of those scenarios.   Rep. Donna Edwards (D-MD), the top Democrat on the Space Subcommittee, said on Tuesday that she “will not stand by quietly” and enable those cuts to go into effect.

A summary of the bill and a fact sheet with a table comparing its proposed funding levels with current funding and the President’s FY2016 budget request is available on SpacePolicyOnline.com.

The committee posted three letters (from The Planetary Society, the Commercial Spaceflight Federation, and Citizens for Spaceflight Exploration-Texas) on its website on Tuesday that it characterized in a press release as supportive of the bill.  The Coalition for Space Exploration issued its letter on Wednesday.

The letter from The Planetary Society (TPS) strongly endorses the funding levels for planetary exploration, which receive a boost, but is silent on other provisions.  On Wednesday, Casey Dreier, TPS Director of Advocacy, who signed the letter, clarified on the Society’s website that TPS does not support other aspects of the legislation.  “Obviously, the cuts to Earth Science make this a hard bill to support, therefore the Planetary Society does not as written.  We’re hoping that the committee markup will find ways to preserve and grow all science as this moves forward.”

The Commercial Spaceflight Federation praised the bill’s recommended FY2016 funding level for commercial crew (which is the same as the President’s request under the aspirational scenario; less than the request, but more than current funding in the constrained scenario) and for Advanced Exploration Systems (AES).  AES is a sub-account under Exploration R&D and the bill’s proposed level for Exploration R&D is the same as the President’s request in FY2016 under either budget scenario.   The Federation letter adds, however, that “While this bill represents progress in key areas, we remain concerned about some provisions … that include, among other things, limitations on NASA’s use of Space Act Agreements….”

The letter from the Coalition for Space Exploration thanks the committee for its support of human and robotic exploration programs (specifically mentioning the James Webb Space Telescope as an “exploration science mission”), but “we remain concerned that by flat funding SLS, Orion and other Exploration program levels … the bill would unintentionally constrain progress toward accelerating program content from Exploration Mission-2 [EM-2] to be included in Exploration Mission-1 [EM-1] in 2018.  We urge the committee to consider the demands of these programs during this critical moment in the development cycle and hope that targeted adjustments will be made….”  The bill would provide level funding for SLS and Orion compared to FY2015 appropriations.  President Obama requested reduced funding for FY2016.  EM-1 is the first SLS launch, scheduled for 2018, which will carry an uncrewed version of the Orion spacecraft.  EM-2 is the second SLS launch, with a crewed Orion, anticipated in 2021.

The letter from Citizens for Spaceflight Exploration-Texas, which is associated with the Bay Area Houston Economic Partnership, said it “welcomes the strong endorsement of America’s space exploration program” exemplified in the bill.   The letter appears to address the broad scope of NASA’s space programs by referencing technological innovation and competitiveness, STEM education, and high-tech jobs and future workforce opportunities, for example, but a representative of the group contacted SpacePolicyOnline.com on April 30 to clarify that the letter was designed to endorse only those aspects of the bill related to SLS, Orion, the International Space Station, and commercial cargo and crew.  Those are the topics, which also are specifically mentioned in the letter, within the group’s purview.  It has no position on the other parts of the bill.

The markup begins at 11:00 am ET on April 30.  Edwards said on Tuesday that she was trying to talk to subcommittee chairman Steve Palazzo (R-MS), the lead sponsor of the bill, and full committee chairman Lamar Smith (R-TX) to see if they can reach common ground on the cuts to earth science prior to markup.  Otherwise she said she fears they are on a path to the same type of partisan discord that characterized a 2013 markup of a NASA authorization bill.  Approved by committee on party lines, it never reached the floor for a vote.

 

Last Updated: Apr 30, 2015 8:56 am ET
House Appropriators Set to Restrain Funding for FAA's Space Office – UPDATE 2

House Appropriators Set to Restrain Funding for FAA's Space Office – UPDATE 2

By Marcia Smith | Posted: April 28, 2015 12:00 am ET | Last Updated: June 4, 2015 4:47 pm ET

Update, June 4, 2015:   The full committee made no change to the subcommittee’s recommendation, but an amendment was adopted during floor consideration on June 3 to add $250,000 for the office.

Update, April 29, 2015:  The subcommittee approved the bill today with no change to the funding for this office.  The date for full committee markup has not been announced.

Original Story, April 28, 2015:  The Transportation-HUD (T-HUD) subcommittee of the House Appropriations Committee is set to mark up its FY2016 funding bill tomorrow.  It includes the FAA’s Office of Commercial Space Transportation (AST), which is part of the Department of Transportation (DOT).   The draft bill would keep AST’s funding at the same level as FY2015 instead of granting a requested increase of $1.5 million to pay for additional staff.

AST is funded at $16.605 million for FY2015.  The draft T-HUD bill provides that level for FY2016, too, rather than the $18.115 million requested by President Obama.   The requested increase of $1.509 million is to pay for 13 additional full time equivalent (FTE) staff members.  DOT’s budget justification documents explain that the additional staff are needed to handle an expected increase in the number of commercial space launches requiring FAA licenses. Of the $1.509 million increase, $1.258 million would pay for the additional staff.  The remainder covers mandatory personnel costs such as the FY2015 and FY2016 pay raises of 1 percent and 1.3 percent respectively.

The draft bill does not provide any explanation for denying the requested increase for AST, but it cuts DOT’s total budget by $1 billion compared to its current FY2015 funding level, or by $6.8 billion compared to the President’s request for FY2016.  Under the draft bill, DOT would receive $17.2 billion in appropriations.  The draft bill is posted on the committee’s website.

The bill is scheduled for markup at 9:30 am ET tomorrow (April 29).

Last Updated: Jun 04, 2015 4:47 pm ET
What's Happening in Space Policy April 26-May 2, 2015

What's Happening in Space Policy April 26-May 2, 2015

By Marcia Smith | Posted: April 26, 2015 12:00 am ET | Last Updated: April 26, 2015 11:59 am ET

This week’s space policy related events begin today (Sunday) with many more coming up for the week of April 26-May 2, 2015. The House and Senate are in session.

During the Week

It’s another busy week in the space policy business that begins today and runs all the way through Saturday.

Tonight (Sunday), the CBS 60 Minutes program will air a segment on Air Force Space Command and threats posed to U.S. satellites.  In a preview on the CBS website, Gen. Hyten, commander of Air Force Space Command, is asked if we will defend our satellites by force if necessary and he replies “That’s why we have a military.  I’m not NASA.”

Hyten will have a different kind of appearance later in the week (Wednesday) when he and Secretary of the Air Force Deborah Lee James testify to the Senate Armed Services Committee’s Strategic Forces subcommittee about the FY2016 budget request for military space programs.  They will be joined by GAO’s Cristina Chaplain.  That same day the House Armed Services Committee (HASC) will be marking up its version of the FY2016
National Defense Authorization Act (NDAA), including recommendations on the military space program that were adopted by the HASC Strategic Forces
subcommittee last week. 
Full committee markup is typically a lengthy affair with many
amendments debated.  Check back here for a recap of any related to the
space program.  

Speaking of NASA, Dava Newman’s nomination to be NASA Deputy Administrator is scheduled for debate and (hopefully) passage by the Senate on Monday beginning at 5:00 pm ET.  The agreement between the parties is for 30 minutes of debate divided equally, so if all time is used, the vote would be at 5:30 pm ET.  Later in the week (Thursday) and across the Hill, the House Science, Space, and Technology (SS&T) committee will markup a new NASA authorization bill.  This one (no bill number yet) covers 2016 and 2017.  The House already passed a bill for 2015, so together they would provide a three-year authorization for the agency.  The Senate has not acted on a new NASA authorization bill, but indications are that they plan to do so, although the timing is not clear.  NASA’s most recent authorization act covered only through FY2013.

Meanwhile, the FAA’s Office of Commercial Space Transportation will learn how its FY2016 budget request fares in the House Appropriations subcommittee that provides its funding.  The Transportation-HUD (T-HUD) subcommittee markup is on Wednesday morning.

Many more events are on tap, including one that is just plain fun.  If you’re in the Washington, DC area on Saturday, you and your family can enjoy Space Day at the National Air and Space Museum downtown.  This year it commemorates 50 years of spacewalks.  Astronauts will be on hand to give talks and there are kid-friendly activities planned.

All the events we know about as of Sunday morning are listed below.

Sunday, April 26

Monday, April 27

Monday-Friday, April 27 – May 1

Tuesday-Thursday, April 28-30

Wednesday, April 29

Thursday, April 30

Thursday-Saturday, April 30 – May 2

Friday, May 1

Saturday, May 2

Last Updated: Apr 26, 2015 11:59 am ET
HASC Subcommittee Proposes Changes to RD-180 Restrictions Among Multiple Other Space Issues – UPDATE

HASC Subcommittee Proposes Changes to RD-180 Restrictions Among Multiple Other Space Issues – UPDATE

By Marcia Smith | Posted: April 22, 2015 12:00 am ET | Last Updated: April 23, 2015 6:57 pm ET

UPDATE:  The subcommittee approved the draft on April 23 with a few amendments.  The only one related to space was offered by Rep. Lamborn (R-CO) as part of an en-bloc package.  It would specifically prohibit DOD from relying on China or Russia for space-based weather data.

The Strategic Forces Subcommittee of the House Armed Services Committee (HASC) will mark up its portion of the FY2016 National Defense Authorization Act (NDAA) tomorrow.  A draft of the subcommittee’s bill and report, which covers most DOD space programs including national security space launch, was released today. Among its provisions, the draft favorably disposes of Air Force and United Launch Alliance (ULA) concerns about provisions in last year’s NDAA restricting use of Russia’s RD-180 rocket engines.

Last year’s law told DOD that it could not use RD-180s for national security space launches after 2019, although waivers were permitted under certain circumstances.  Those waivers were not sufficient for the Air Force and ULA, however, and they have been lobbying for more flexibility because they do not think a U.S. alternative to the RD-180 will be ready by 2019.   The RD-180 powers ULA’s Atlas V rocket, one of the two Evolved Expendable Launch Vehicles (EELVs) that launch most national security satellites.  ULA’s Delta IV is the other.  SpaceX is diligently trying to be certified to compete against ULA for those launches.

At a subcommittee hearing last month, ULA and the Air Force laid out their concerns and the subcommittee clearly heard them.  In the draft text, expected to be approved at subcommittee level tomorrow and by the full committee next week, even more flexibility would be provided by allowing the Secretary of Defense (SecDef) simply to invoke “national security interests” as a reason for waiving the current law’s provisions and certifying those interests to the relevant congressional committees. 

The draft also clarifies that the prohibition on buying RD-180s applies to engines ordered pursuant to the December 18, 2013 contract between ULA and the Air Force regardless of whether payment was made prior to February 1, 2014.  Last year’s law exempted engines ordered under that contract, but DOD lawyers were interpreting the law to mean that payment had to have been made by February 1, 2014, as opposed to the engines being options under that contract.

The draft also would change section 1604 of last year’s law that authorizes $220 million to build a U.S. alternative to the RD-180 engine, but specifically not to develop a new launch vehicle.  The draft language clarifies that it is permissible to use the funds for “the necessary interfaces” to a launch vehicle.   It also adds language requiring the SecDef to use a “streamlined acquisition approach, including tailored documentation and review processes.”

In addition, the draft addresses the “EELV Launch Capabilities” (ELC) contract that the Air Force has with ULA that covers infrastructure and engineering services.  The Air Force pays ULA for launches under two contracts:  the cost-plus-incentive-fee ELC contract and a fixed-price EELV Launch Services (ELS) contract that covers hardware.   Critics call the approximately $1 billion per year ELC a subsidy, but ULA and the Air Force defend it as a mechanism adopted when ULA was created in 2006 to assure that the Air Force could launch its satellites whenever needed.  Air Force and ULA officials concede, however, that times have changed and ELC will not be repeated in future contracts.  The draft report language would, indeed, make that reality, although the language is quite generous saying that the ELC contract must be discontinued by the latter of the dates when obligations under the current contract are met (the contract is through 2017) or December 31, 2020, and the SecDef can waive the provision entirely for national security reasons. 

The draft contains other language that could be construed as supporting either ULA or SpaceX.  For example, it calls for a 10-year acquisition strategy for the EELV program that requires competition, but also ensures that any contract takes into account “the effect of all Federal contracts entered into and any assistance provided” to the competitors.   SpaceX argues that the ELC contract is a subsidy to ULA, but others points out that SpaceX has benefited from its Space Act Agreements and contracts with NASA for development of the Falcon 9 rocket under the commercial cargo and commercial crew programs and those should be taken into account, too.

The draft addresses a range of other national security space issues as well, including the following:

  • Limits the availability of funds for a new Weather Satellite System until the SecDef briefs certain congressional committees on a plan to address DOD cloud characterization and theater weather imagery needs, and the Chairman of the Joint Chiefs of Staff certifies to Congress that the plan will not negatively affect commanders of combatant commands and meet those requirements.   This provision addresses concerns that DOD may become dependent on Chinese or Russian geostationary weather satellites for weather data over the Middle East currently provided by a European satellite that is scheduled for decommissioning next year and will not be replaced. At a March 25 hearing, HASC Strategic Forces subcommittee chairman Mike Rogers (R-AL) said he is concerned DOD is “headed down a path with significant risk.  We will not allow critical capabilities our warfighters rely on to be based out of Moscow or Beijing” and Rep. Doug Lamborn (R-CO) queried DOD Deputy Assistant Secretary for Space Policy Doug Loverro on the issue.  Loverro replied that DOD does not know how it will address the gap in European coverage right now, but is working with the U.S. National Oceanic and Atmospheric Administration (NOAA) on the issue.  NOAA manages the U.S. civil weather satellite program and has cooperative agreements with Europe.
  • Requires an evaluation of the ability of the Space Based Infrared System (SBIRS) to detect, track and target, or develop a capability to do so, against the full range of threats to the United States and its allies.
  • Modifies language in last year’s law concerning DOD’s pilot project for acquisition of commercial satellite communication services.
  • Requires the SecDef to designate a senior DOD official to procure wideband satellite communications unless the procurement is required to meet an urgent national need, and to provide a plan to meet DOD’s requirements for satellite communications, including identification of roles and responsibilities.
  • Amends chapter 9 of Title 10 of the U.S. Code to establish a unified major force program for national security space programs and requires an assessment of the budget needed for those programs for 2017-2020 and a report on how to carry them out.
  • Requires the SecDef and the Director of National Intelligence (DNI) to develop and implement a space science and technology strategy.
  • Requires briefings on the utility and impacts of combatant commanders directly tasking commercial imagery satellites.
  • Requires a briefing on commercial space-based environmental monitoring capabilities and their utility in meeting DOD requirements.
  • Requires an evaluation of national security space and missile test ranges and infrastructure.
  • Recommends that DOD accelerate the development and fielding of M-code capable GPS user terminals.
  • Requires a briefing on the potential value and advisability of establishing a temporary advisory team for the GPS Next Generation Operational Control Segment (OCX).
  • Requires a briefing on the potential to accelerate the current increment of the Joint Space Operations Center Mission System (JMS) program.
  • Requires a briefing from the SecDef on DOD’s requirements for a backup positioning, navigation and timing system to GPS.
  • Requires a briefing on acquisition practices for national security space programs.
  • Requires the SecDef, the DNI and the Director of the White House Office of Management and Budget (OMB) to submit a plan to strengthen national security space stewardship, leadership, management and organization while streamlining decision-making and limiting unnecessary bureaucracy.

Subcommittee markup is at noon tomorrow, April 23.  Full committee markup is on April 29.

 

 

 

Last Updated: Apr 23, 2015 6:57 pm ET
What's Happening in Space Policy April 20-25, 2015

What's Happening in Space Policy April 20-25, 2015

By Marcia Smith | Posted: April 19, 2015 12:00 am ET | Last Updated: April 19, 2015 9:05 am ET

Here is our list of space policy related events for the week of April 20-25, 2015 and any insight we can offer about them.  The House and Senate are in session this week.

During the Week

NASA and the astrophysics community celebrate the 25th anniversary of the iconic Hubble Space Telescope this week. There are a number of events at the Space Telescope Science Institute near Baltimore, which operates Hubble, and in Washington, DC to highlight the breathtaking images and science from Hubble that have captivated the scientific community and the public for two-and-a-half decades — with more to come.  Some of the events are by invitation only, but NASA TV will broadcast three (see below) on Thursday, Friday and Saturday.  The Saturday event at the National Air and Space Museum’s Udvar-Hazy Center near Dulles Airport is an open family day.

Meanwhile, on Capitol Hill, the House Armed Services Committee’s subcommittees will mark up their respective portions of the FY2016 National Defense Authorization Act (NDAA) this week.  The Strategic Forces subcommittee, which handles most DOD space programs, holds its markup at noon on Thursday.  Many subcommittee markups have been rather pro forma in recent years, with agreements worked out ahead of time or deferred for debate at the full committee markup (scheduled for next week).   The text of the bill, H.R. 1735, is posted on congress.gov, but it says very little about space programs.   Most of those details are included in the report to accompany the bill.  The draft report is not public yet.

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

Monday-Friday, April 20-24

Tuesday-Wednesday, April 21-22

Wednesday, April 22

Wednesday-Thursday, April 22-23

  • NRC Space Studies Board (SSB), National Academy of Sciences building, 2101 Constitutive Ave,m Washington, DC ( Wednesday is joint with ASEB),  Some sessions are closed.

Thursday, April 23

Friday, April 24

  • Hubble 25th Anniversary Event, National Air and Space Museum (NASM), 600 Independence Ave. NW, Washington, DC, 8:00-9:00 pm ET (by invitation only, but watch on NASA TV)

Saturday, April 25

Last Updated: Apr 19, 2015 9:05 am ET

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