Category: Space Law

What's Happening in Space Policy: May 12-18 2014

What's Happening in Space Policy: May 12-18 2014

Here is our list of upcoming space policy related events for the week of May 12-18, 2014 and any insight we can offer about them.  The House is in recess, but the Senate is in session.

During the Week

The House is in recess this week, though the Senate will be working.  As of the moment, nothing is on tap about space activities.  Though it’s only May, Congress is essentially winding down its legislative activities for the year to allow incumbents to campaign for reelection.  All House seats and one-third of the Senate are up for election or re-election this year.

Perhaps the most interesting space policy-related event this week will be the return of three International Space Station (ISS) crew members on Tuesday (Eastern Daylight Time).   NASA insists all is well in U.S.-Russian space relationships despite the earthly geopolitical tensions.  Presumably all will go nominally.

NASA’s Mars Exploration Program Analysis Committee (MEPAG) will meet just outside Washington on Tuesday and Wednesday, immediately followed by a workshop where scientists will debate what is the best landing site for the Mars 2020 lander.

NOAA’s Advisory Committee on Commercial Remote Sensing (ACCRES) is meeting this week.  This committee meets quite infrequently though there are substantive policy issues in play, such as whether to lower the limit to one-quarter rather than one-half meter resolution of imagery that can be sold commercially.

Also coming up this week is the International Space Development Conference 2014 (ISDC) in Los Angeles.  Subtitled ” A Space Renaissance,” this is the 33rd ISDC and has a fascinating array of sessions, as usual.

Here’s the list of what we know about as of Sunday evening.

Monday-Thursday, May 12-15

Tuesday, May 13

Tuesday-Wednesday, May 13-14

  • MEPAG, Crystal City Marriott, Arlington, VA

Wednesday-Friday, May 14-16

Wednesday-Sunday, May 14-18

Thursday, May 15

House Appropriators Approve FY2015 CJS Bill with $435 Million Increase for NASA

House Appropriators Approve FY2015 CJS Bill with $435 Million Increase for NASA

The House Appropriations Committee today approved the FY2015 Commerce-Justice-Science (CJS) appropriations bill.   It includes $435 million more for NASA than requested by President Obama, a total of $17.896 billion compared to the $17.461 billion requested.  It is about $250 million more than NASA’s current budget of $17.647 billion.

No substantive amendments to the NASA portion of the bill were adopted during full committee markup, so the bill is as it was during subcommittee markup last week.  A few highlights include the following.  Compared to the President’s request, the bill —

  • adds money for space science, including for SOFIA and Europa (total of $5,193 million, which is $221 million more than the request) and states that it does not agree with the Administration’s proposal to terminate SOFIA
  • adds money for Orion (total of $1,140 million, which is $87 million more than the request)
  • adds money for the Space Launch System (total of $1,600 million, which is $220 million more than the request)
  • provides $785 million for commercial crew, which is more than FY2014 but less than the request of $848 million, and says the funding will support “one industry partner’s advancement” to the next phase of the program (NASA wants at least two)
  • limits NASA’s spending for the Asteroid Redirect Mission to activities that are applicable to other current or future NASA programs (no dollar amounts are specified)
  • requires an independent assessment of the Mars Flyby 2021 concept to send astronauts to flyby Mars (not to land on or orbit the planet ) in 2021 via Venus
  • adds money for aeronautics (total of $666 million, which is $115 million more than the request)
  • cuts Space Technology (total of $620 million, which is $85.5 million less than the request)
  • cuts Space Operations by a small amount (total of $3,885 million, which is $20 million less than the request), but directs that it come from ISS operations and not research or transportation and expresses concerns about the cost of ISS operations
  • adds money for Education (total of $106 million, which is $17 million more than the request)

More details are in previous articles we have posted:

The bill now must be voted on by the full House.  The Senate must go through a similar procedure and the two sides then have to reconcile their differences and the President must agree and sign the bill into law, so there are many more steps to come.

Judge Lifts Injunction Against AF or ULA Paying Russia for RD-180 Engines

Judge Lifts Injunction Against AF or ULA Paying Russia for RD-180 Engines

The U.S. Court of Federal Claims today lifted the preliminary injunction it imposed last week on the Air Force or United Launch Alliance (ULA) making payments to Russia for the RD-180 engines that power ULA’s Atlas V rocket.

Judge Susan Braden issued an order dissolving the injunction this afternoon.   Her April 30, 2014 order enjoining payments was in response to a lawsuit filed by SpaceX against the government because it awarded a contract to ULA for 36 Evolved Expendable Launch Vehicle (EELV) cores in December 2013 on a sole source basis rather than competing it.  The lawsuit is primarily about that issue, but as part of its filing SpaceX discussed the fact that ULA’s Atlas V uses Russian RD-180 engines and Deputy Prime Minister Dmitry Rogozin is in charge of Russia’s space sector and is on the list of sanctioned individuals because of Russia’s actions in Ukraine.  Rogozin was one of the first Russians sanctioned under Executive Order 13661 in March.

Braden thereupon enjoined payments to the Russian company NPO Energomash, which builds the engines, until the court received the opinions of the Departments of the Treasury, State and Commerce that payments would not violate the sanctions against Rogozin who ostensibly has some control over all Russian government space agencies and companies and therefore the payments .  The three departments provided their opinions to the court on Tuesday.  They collectively concluded that, to the best of their knowledge, payments to NPO Energomash would not violate the sanctions and requested the injunction be lifted.

Today, after a hearing and an updated letter from the government (Exhibit D of today’s order), Judge Braden dissolved the injunction.  The order also requires the government to inform the court “immediately” if it receives “any indication” that payments to NPO Energomash will, in fact, directly or indirectly contravene the sanctions.

ULA issued a press release stating that its purchases from NPO Energomash comply with the sanctions and continued the war of words it is having with SpaceX over this issue and the lawsuit in general.  No press release from SpaceX has been posted on its website as of now.  The companies have been exchanging barbs since the injunction was issued last week primarily through filings with the court.

The case is still in front of the court.  As noted, it is primarily focused on the issue of whether the December 2013 contract should have been awarded on a sole source basis or competed.

House Appropriators Want To Limit ARM Funding, Require Independent Assessment of Mars 2021

House Appropriators Want To Limit ARM Funding, Require Independent Assessment of Mars 2021

The House Appropriations Committee today released the draft report to accompany the FY2015 Commerce-Justice-Science (CJS) appropriations bill.  The bill was marked up at subcommittee level last week, the full committee will debate it tomorrow (May 8).   The draft report would limit the amount of money that can be spent on the Asteroid Redirect Mission (ARM), require an independent assessment of the Mars Flyby 2021 concept, and fund the commercial crew program at $785 million — less than requested, but more than it received in the past.  It also expresses concerns about the operations costs of the International Space Station (ISS).

If approved by the committee and sustained during the many additional steps of the legislative process, under the terms of the report NASA funding for ARM would be “carefully constrained to prevent the occurrence of waste in the event the ARM never receives final approval.”  The agency would only be allowed to spend funds for activities that are applicable to other current NASA programs; extensible to potential future exploration missions such as the Moon, Mars or the moons of Mars (Phobos and Deimos); or “have broad applicability to other future non-exploration activities, such as in-space robotic servicing.”    No specific amount of money is mentioned.   NASA says that it is requesting $133 million for ARM as part of a total $160 million request for the Asteroid Initiative, which also includes the Asteroid Grand Challenge and additional funds for searching for asteroids.

Regarding the concept best known as the Mars Flyby 2021 mission, the report requires NASA to conduct an independent assessment of the technical, management, cost and schedule requirements and the impact it could have on the Orion and Space Launch System programs. The concept is to send astronauts to fly around (but not orbit or land on) Mars in 2021 by way of Venus.  It is championed by Rep. Lamar Smith (R-TX), chairman of the House Science, Space and Technology Committee, and former NASA Administrator Mike Griffin and former Boeing executive Jim Albaugh who published an op-ed in the Houston Chronicle yesterday explaining their rationale for it.  Griffin is the immediate past president and Albaugh the new president of the American Institute of Aeronautics and Astronautics (AIAA).

The committee would provide $785 million for the commercial crew program.  NASA Administrator Charlie Bolden has been arguing strenuously for Congress to appropriate the full $848 million requested for FY2015.  The most the program has received in the past is the $696 million for the current fiscal year (FY2014).  The committee’s report says that the allocated funding will support “one industry partner’s advancement” to the next stage of the program (Commercial Crew Transportation Capability or CCtCAP).   NASA has insisted from the beginning that it wants to have at least two companies in competition with each other for the program rather than choosing only one in order to keep prices down.   Bolden insists that he needs the full $848 million in FY2015 to ensure that there is competition and that a system will be available by the end of 2017. 

The draft report reduces funding for Space Operations by $20.4 million from the $3.905 billion request.   The $3.885 billion provided is a modest cut from the request and is $107 million more than FY2014 appropriations, but what is most interesting is that the committee directs that none of the reduction be taken from ISS research or from crew and cargo transportation.  All must come from the ISS operations budget.  “The Committee remains concerned that annual ISS operations costs are too high, particularly in light of NASA’s proposal to extend the life of the Station through 2024.”  It also criticizes NASA for allocating too little funding for ISS research and requires NASA to develop a strategy for increasing funding for “actual physical and biological research” over the next five years.  The report notes that the apparent increase in funding for ISS research in the FY2015 request is only because money that was in the ISS operations budget for in-space robotic servicing was transferred into the research account.

Overall, the committee would provide NASA with $17.896 billion, $435 million more than requested by President Obama, as proposed in the subcommittee draft.

U.S. Government Files for Dissolution of Injunction Against Payments to Russia

U.S. Government Files for Dissolution of Injunction Against Payments to Russia

The United States Government filed a request with the U.S. Court of Federal Claims late yesterday asking the court to dissolve its injunction against the government or United Launch Alliance (ULA) from making payments to Russia because it might violate sanctions imposed by President Obama against Russian Deputy Prime Minister Rogozin.

The court enjoined the Air Force and ULA from making payments to the Russian entity NPO Energomash for RD-180 engines, used for ULA’s Atlas V rocket, on April 30.  Judge Susan Braden ruled that no such payments could be made until the court received the opinion of the Departments of the Treasury, State and Commerce that such payments did not violate the sanctions against Rogozin, who oversees Russia’s space sector.   Rogozin was among the first group of Russians sanctioned by President Obama in Executive Order 13661 in March because of Russia’s actions in Ukraine.

In yesterday’s filing, the government provided letters from each of the three government departments that “collectively, demonstrate that, as of the issuance of those letters, purchases from or payments to NPO Energomash would not directly or indirectly contravene” the sanctions.   The government therefore requested that the court dissolve the April 30 injunction and also asked for expedited consideration of the matter.   ULA joined in the motion.

The motion is related to a lawsuit SpaceX filed regarding the Air Force’s block buy of Evolved Expendable Launch Vehicle cores from ULA.  SpaceX’s complaint is that the contract was awarded on a sole source rather than competed basis and it did not seek the judge’s injunction against payments to Russia.  The lawsuit did discuss the fact that ULA uses Russian engines and that Rogozin oversees the Russian space sector and that he is sanctioned by the U.S. government, leading the judge to issue the injunction.

More House Committee Action on DOD Authorization, NASA/NOAA Appropriations This Week

More House Committee Action on DOD Authorization, NASA/NOAA Appropriations This Week

Today, the House Armed Services Committee (HASC) released the “chairman’s mark” for the FY2015 National Defense Authorization Act (NDAA) that will be marked up on Wednesday.   Also, the House Appropriations Committee announced that it will markup the FY2015 bill that includes NASA and NOAA on Thursday.

The HASC Chairman’s mark is the text of the bill (H.R. 4435) that the committee will use as the basis for amendments at Wednesday’s markup that begins at 10:00 am ET.  Typically these HASC markups are lengthy affairs lasting hours and hours as amendments are offered, debated, adopted, rejected, or withdrawn.

The text of the chairman’s mark appears to contain all of the recommendations adopted by the Strategic Forces subcommittee last week, although the $220 million added by the subcommittee for developing a U.S. alternative to Russia’s RD-180 rocket engines is reduced by $23 million.   It also —

  • reduces by $20 million the requested $40 million for a weather satellite system follow-on and reallocates that amount to launch of the final satellite in the Defense Meteorological Satellite Program (DMSP) series.  The Air Force launched the next to last DMSP last month, but was not necessarily planning to launch the final one (DMSP-20) and instead focus on developing a new system.  The bill would require that it be launched.
  • adds $135 million to the Evolved Expendable Launch Vehicle procurement request to pay for launching DMSP-20, noting that the money is for “DMSP 20 launch/additional competition launch.”
  • adds $30 million (none was requested) for Operationally Responsive Space (ORS).
  • adds $10 million to the $9.5 million requested for Space Situation Awareness Systems.

Generally, the other space programs in the NDAA are funded at their requested levels.

Separately, the House Appropriations Committee will markup the FY2015 Commerce-Justice-Science (CJS) appropriations bill on Thursday.  The CJS subcommittee marked up the bill last week, adding a significant amount of money for NASA.  Specifics on how much is in the bill for NOAA’s satellite programs were not released last week other than to say that the Joint Polar Satellite System (JPSS) and Geostationary Operational Environmental Satellite (GOES)-R series are fully funded.

What's Happening in Space Policy: May 5-9, 2014 – UPDATE

What's Happening in Space Policy: May 5-9, 2014 – UPDATE

UPDATE:  The House Appropriations Committee markup of the FY2015 CJS bill on Thursday has been added (it was announced today, May 5).

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

During the Week

Activities in Congress will certainly be interesting, but meetings organized by other groups may grab the headlines.

In Congress, the House Armed Services Committee will markup the FY2015 National Defense Authorization Act (NDAA) on Wednesday.  Its subcommittees did their own markups last week (the Strategic Forces subcommittee made some interesting space-related recommendations), but generally speaking the real action takes place at full committee markup, often a marathon session lasting hours and hours.  Entirely separately, on Friday, the Space Subcommittee of the House Science, Space and Technology (SS&T) Committee will hold a hearing on Space Traffic Management and how to avoid what happened in the fanciful (but entertaining) movie Gravity.  They’ve got a real life (former) astronaut as one of the witnesses — George Zamka, who is now a top official at the FAA’s Office of Commercial Space Transportation.

In other events, to pick just two:

But those are just samples.  A list of what we know about as of Sunday evening (with an update on Monday afternoon) is provided below.

Monday-Friday, May 5-9, 2014

Tuesday, May 6

Wednesday, May 7

Wednesday-Thursday, May 7-8

  • FAA COMSTAC, NTSB Conference Center, 429 L’Enfant Plaza, S.W., Washington, DC

Thursday, May 8

Friday, May 9

Judge Enjoins AF and ULA From Buying RD-180 Engines

Judge Enjoins AF and ULA From Buying RD-180 Engines

A U.S. Federal Claims Court judge issued an injunction last night that prohibits the Air Force or United Launch Alliance (ULA) from purchasing RD-180 engines from Russia until the Department of Treasury, Department of Commerce and Department of State determine that it does not violate U.S. sanctions.  The ruling was made in response to a lawsuit filed eariier this week by SpaceX over the Air Force’s block buy of rockets from ULA although this was not one of the remedies SpaceX sought.

The three page injunction issued by Judge Susan Braden on April 30 cites Executive Order 13661, which places Russian Deputy Prime MInister Dmitry Rogozin on the list of individuals sanctioned because of Russia’s actions in Ukraine, and April 28 restrictions on exports announced by the Departments of State and Commerce.  Rogozin is in charge of Russia’s space sector.

Consequently, Judge Braden ruled that the public interest and national defense and security concerns that underlie E.O. 13661 “warrant issuance of a preliminary injunction” that prohibits the Air Force and ULA from making “any purchase from or payment of money to NPO Energomash or any entity … that is subject to control of Deputy Prime Minister Rogozin” until the court receives an opinion from the Departments of Treasury, State and Commerce that they do not “directly or indirectly contravene” the Executive Order.  She added that the injunction does not apply to purchase orders already placed or money already paid to NPO Energomash.

SpaceX agreed with the action:   “The U.S. Court of Federal Claims took a prudent step toward understanding whether United Launch Alliance’s current sole-source contract violates U.S. sanctions by sending taxpayer money to Russia for the RD-180 engine. That question – as well as others relating to the risks posed by dependence on Russian-made engines and the need to open competition for the Air Force space launch program – are timely and appropriate.”

SpaceX filed suit in the U.S. Court of Federal Claims on Monday seeking an injunction against the Air Force proceeding with its block buy of 36 launch vehicle cores from the ULA because the contract was awarded on a sole source basis rather than competed.

Mikulski "Deeply Troubled" by NASA's Budget Request; SLS Won't Use 70 Percent JCL

Mikulski "Deeply Troubled" by NASA's Budget Request; SLS Won't Use 70 Percent JCL

Sen. Barbara Mikulski (D-MD) said she is “deeply troubled” by President Obama’s FY2015 budget request for NASA because it is $186 million less than the current year and some of the cuts will affect programs at NASA’s Goddard Space Flight Center (GSFC) in her home state.  Meanwhile, NASA Administrator Charlie Bolden told Sen. Richard Shelby (R-AL) that it would be “unrealistic” to fund the Space Launch System (SLS) at the 70 percent confidence level required for other NASA projects and hinted that the launch date for the first SLS may slip to 2018.

The one-hour hearing before the Senate Appropriations Commerce-Justice-Science (CJS) subcommittee today (May 1, 2014) covered mostly familiar ground, though Shelby’s colloquy with Bolden about the SLS confidence level and questions by both Senators about U.S.-Russian relationships were interesting.

Shelby said he is concerned that the budget request for SLS in insufficient to comply with NASA’s policy that programs be funded to meet a 70 percent schedule and cost confidence level.  Shelby says he thinks the funding for SLS will be only enough to meet a 50 percent confidence level.

NASA imposed the 70 percent policy (NPD 1000.5) in response to decades of significant cost overruns on its programs.   Each program is required to go through a Joint Confidence Level (JCL) assessment to determine the probability that cost and schedule will be equal to or less than set  targets.  Programs are supposed to be budgeted such that there is a 70 percent probability of achieving the stated cost and schedule.  However, the policy also allows that a different probability can be approved by the decision authority, saying at a minimum a 50 percent confidence level should be used, but even then offers the caveat “or as approved by the applicable decision authority.”   So there is some flexibility, but NASA has been using the 70 percent confidence level for its recent new programs.   The consequence is that more money must be provided early in a program’s life cycle in order to meet the higher confidence level that overruns will be avoided in the long run.  That can be a problem when budgets are tight.

Bolden replied that he is “comfortable” with SLS using a less than 70 percent confidence level because the systems being used for the rocket are mature.  But he added that it would not be realistic budgetarily anyway.  “You can’t fund enough to get SLS to a 70 percent JCL and I don’t want you to do that, I’m not asking for that, that would be unrealistic” Bolden told Shelby, but “I will have the same assurance at a lower [JCL] for SLS that I have for other projects that are much less mature at a [JCL] of 70 percent.” 

Bolden said he was getting enough money to hold the SLS schedule.  However, NASA has been saying for years that the first launch would be in 2017.  Today Bolden hedged and said it was looking like the launch would be “in fiscal year 2018,” which is October 1, 2017-September 30, 2018.   Shelby pressed Bolden on the issue and Bolden said he would know within a month exactly what launch date the agency is planning toward and the program’s cost estimate after the results of the Key Decision Point C (KDP-C) review are released.  That review was supposed to be completed in April. SLS is being built at NASA’s Marshall Space Flight Center in Huntsville, AL in Shelby’s home state.

Mikulski arrived at the hearing late, about a half hour after it started with Republican Shelby in charge, because it took her 2.5 hours to make the trip from her home in Baltimore to Capitol Hill because of flooding and other effects from yesterday’s storm.  She thanked Shelby and said the arrangement was a tribute to the bipartisanship and trust between them.  In addition to serving as chairwoman and ranking member of this subcommittee, they also are the chairwoman and ranking member of the full Senate Appropriations Committee (in fact, Shelby is “vice chairman” of the full committee).

She said she is “deeply troubled” that the President’s budget request for NASA is $186 million less than FY2014 and honed in on cuts that would affect Goddard.  She said Goddard would be cut $200 million and especially decried cuts to the Hubble Space Telescope of $23 million and the James Webb Space Telescope of $13 million. JWST is following a budget profile agreed to between NASA and Congress several years ago after steep overruns in the program.  The $13 million reduction is part of the profile.  Nevertheless, Mikulski argued that JWST margins are “thin.”   She noted that she had been told the Hubble reduction was due to an accounting adjustment and it would be remedied in the FY2016 budget, but she said she was concerned about today, not the future.  She also criticized a $56 million cut to Earth science programs (many of which are managed by Goddard). 

“I don’t want science to be a bank account for other projects that might or might not happen in the future,” she
exclaimed.  Bolden assured her that he is not doing that and Goddard’s future does not appear as robust as she would like in FY2015 budget documents because future projects, like the Wide-Field Infrared Space Telescope (WFIRST), are not yet included.  Mikulski was not mollified, saying “We strongly disagree on this.” 

Separately, Bolden declined to answer a question from Shelby about the impact on NASA of the U.S. Court of Federal Claims injunction against United Launch Alliance or the Air Force from buying RD-180 engines from Russia because it is a matter in litigation.  ULA builds its rockets in Decatur, AL.  

He reassured Shelby and Mikulski that relationships between NASA and Russia’s space agency, Roscosmos, are “solid.”   Mikulski said “it’s all OK and you’re doing Kumbaya now” but what about the future if relationships deteriorate.  Bolden demurred, saying that he did not want to delve into diplomatic matters.  He did say at another point in the hearing that if either the United States or Russia pulls out of the
ISS partnership then “the International Space Station as we know it no
longer exists.”

Shelby, a strong critic of NASA’s commercial crew program, which is developing U.S. systems to take astronauts to and from the International Space Station (ISS) to end U.S. reliance on Russian Soyuz launch vehicles and spacecraft, nonetheless asked what it would take to accelerate those systems in case the United States and Russia cut ties.   Bolden said that some of the companies competing for NASA’s commercial crew contract plan to begin flying their systems in 2015, but that does not mean they would be human-rated by then, so NASA is sticking with 2017 for its planning purposes.   He declined to say how many companies would be selected for the commercial crew contract, a decision expected in late summer, but said any selected vehicles would be safe and available to NASA by 2017.

Mikulski ended the hearing by cautioning Bolden that “Though we agree on the goals, I’m not so sure we agree on some of the priorities” in the budget request.

Bolden was the only witness at the hearing.  NASA Inspector General Paul Martin also was supposed to appear, but Mikulski said that the committee schedule had been impacted by upcoming votes in the Senate and it was not possible.   Martin’s written statement is posted on the NASA OIG website.

 

 

ULA Responds Sharply to SpaceX Lawsuit, Court's Action

ULA Responds Sharply to SpaceX Lawsuit, Court's Action

United Launch Alliance (ULA) issued a strongly worded statement today about SpaceX’s lawsuit and a judge’s ruling yesterday enjoining the government or ULA from buying RD-180 engines from Russia until the court is notified by three government departments that such purchases would not violate U.S. sanctions against Russia.

U.S. Court of Federal Claims Judge Susan Braden issued the injunction in response to a lawsuit filed Monday by SpaceX protesting a December 2013 contract award from the Air Force to ULA for 36 Evolved Expendable Launch Vehicle (EELV) cores.   ULA, jointly owned by Lockheed Martin and Boeing, uses two EELV rockets — Atlas V and Delta IV — to launch just about all of the nation’s national security satellites as well as spacecraft for NASA.  The Atlas V is powered by Russian RD-180 engines. 

The injunction prohibits the Air Force or ULA  from making payments to Russia’s NPO Energomash, which builds the engines, until the Departments of the Treasury, Commerce and State inform the court that the payments do not violate sanctions imposed by the United States against Russian Deputy Prime Minister Dmitry Rogozin, who oversees Russia’s space sector.

SpaceX is challenging the award of the EELV contract on a sole source basis instead of allowing competition.  The lawsuit does not seek an injunction against the purchase of RD-180 engines, but discussed them in the lawsuit and issued a statement today praising the judge’s decision.

In response, ULA said it would work with the Department of Justice to resolve the injunction “expeditiously.”  It called SpaceX’s actions “opportunistic” and an attempt to “circumvent the requirements imposed” on others.  It also noted that NASA and “numerous other companies” do business with NPO Energomash, other Russian companies and the Russian government.  The full text of the ULA statement is:

“ULA is deeply concerned with this ruling and we will work closely with the Department of Justice to resolve the injunction expeditiously. In the meantime, ULA will continue to demonstrate our commitment to our National Security on the launch pad by assuring the safe delivery of the missions we are honored to support.

“SpaceX’s attempt to disrupt a national security launch contract so long after the award ignores the potential implications to our National Security and our nation’s ability to put Americans on board the International Space Station. Just like ULA, NASA and numerous other companies lawfully conduct business with the same Russian company, other Russia state-owned industries, and Russian Federation agencies.  This opportunistic action by SpaceX appears to be an attempt to circumvent  the requirements imposed on those who seek to meet the challenging launch needs of the nation and to avoid having to follow the rules, regulations and standards expected of a company entrusted to support our nation’s most sensitive missions.”