Category: Space Law

Space Policy Events for the Weeks of August 11-23, 2013

Space Policy Events for the Weeks of August 11-23, 2013

The following space policy events may be of interest in the next two weeks — for anyone who’s not on vacation!    Enjoy!   (Congress returns on September 9.)

Sunday-Thursday, August 11-15 (actually began yesterday)

Monday-Thursday, August 12-15

Tuesday, August 13

Thursday August 15

Thursday-Sunday, August 15-18

Friday-Sunday, August 16-18

  • DC-X +20
    • August 16, Spaceport America Virgin Galactic Gateway, Truth or Consequences, NM
    • August 17-18, New Mexico Museum of Space History, Alamagordo, NM

Tuesday, August 20

Space Policy Events for the Weeks of August 5-18, 2013

Space Policy Events for the Weeks of August 5-18, 2013

It’s vacation time almost everywhere, so there are few space policy-related events coming up.  There are some, though, and we’ve combined the next two weeks in the list below.  Congress is in recess until September 9.

Tuesday, August 6

Saturday-Thursday, August 10-15

Monday-Thursday, August 12-15

Tuesday, August 13

Thursday August 15

Thursday-Sunday, August 15-18

Friday-Sunday, August 16-18

  • DC-X +20
    • August 16, Spaceport America Virgin Galactic Gateway, Truth or Consequences, NM
    • August 17-18, New Mexico Museum of Space History, Alamagordo, NM

 

 

McCarthy Introduces SOARS Act to Streamline Commercial Spaceflight Regs

McCarthy Introduces SOARS Act to Streamline Commercial Spaceflight Regs

Rep. Kevin McCarthy (R-CA) introduced a bill yesterday to streamline the regulatory process for commercial suborbital and orbital spaceflight.

The Suborbital and Orbital Advancement and Regulatory Streamlining (SOARS) Act, H.R. 3038, is cosponsored by Rep. Bill Posey (R-FL).  

McCarthy represents the district that includes the Mojave Air and Space Port, and the CEO and General Manager of that facility, Stu Witt, provided a statement supporting the bill.   Space entrepreneurs Paul Allen and Sir Richard Branson also issued statements of support.  Allen’s Stratolaunch and Branson’s Virgin Galactic both utilize the Mojave Air and Space Port.  

McCarthy said he has “seen firsthand how the talented people of East Kern County have grown this industry through technological advancement, and this legislation will help ensure they are not hindered in creating jobs here locally.”  He added that the bill promotes “safety and innovation by unifying regulatory oversight, allowing companies to test safety improvements rapidly, and providing new approaches to supporting launch and reentry activities.”

The bill was referred to the House Science, Space and Technology Committee.

 

T-HUD Lands With a Thud in the Senate, Too

T-HUD Lands With a Thud in the Senate, Too

A day after the House pulled its version of the Transportation-HUD (T-HUD) appropriations bill from the floor, the Senate also threw in the towel.  After debating the bill for more than a week, a vote to invoke cloture failed 54-43.  Congress will now leave town for its summer recess without any FY2014 appropriations bill having cleared both chambers.

The bill funds the Department of Transportation, including its Office of Commercial Space Transportation, and the Department of Housing and Urban Development.  In total, it provides $54 billion, substantially more than the $44 billion in its House counterpart. 

House Republican leaders pulled their bill from the floor yesterday because they did not have enough support in their own party to pass it because of the low level of funding.   In the Senate, Republicans prevented that version from being brought to a vote because it has too much funding.

The road ahead for congressional approval of any funding bill for FY2014, which begins on October 1, is murky.

House Republican Leaders Give Up on T-HUD Appropriations For Now, Lacking Votes

House Republican Leaders Give Up on T-HUD Appropriations For Now, Lacking Votes

Republican leaders in the House postponed final consideration of the Transportation-HUD (T-HUD) appropriations bill today when it became clear they did not have the votes to pass it.  The bill, which includes funding for the FAA’s Office of Commercial Space Transportation (AST), is seen as a bellwether of how funding bills for non-defense domestic programs will fare this year.

Adhering to limits imposed by the 2011 Budget Control Act (BCA), the House passed a budget resolution that allows $967 billion in spending in FY2014.  It protects defense spending while taking deeper cuts from non-defense discretionary programs like those in the T-HUD bill.  The lack of sufficient Republican support to pass the T-HUD bill is viewed as a signal that the cuts approved by the House Appropriations Committee in conformance with the budget resolution are too steep even for the party whose mantra is to reduce the deficit through spending cuts alone, not tax increases.  The bill funds programs in the Department of Transportation and the Department of Housing and Urban Development.

House Appropriations Committee Chairman Hal Rogers (R-KY) said he was “deeply disappointed with the decision to pull the bill” from the floor today.  He feels the action means that “the House has declined to proceed on implementation of the very budget it adopted just three months ago.” 

The Senate did not adhere to the BCA limit in its budget resolution and approved a higher spending limit for FY2014 — $1.058 trillion.  It has been struggling to pass its own version of the T-HUD bill because many Republicans on that side of Capitol Hill believe it spends too much, though they have been less unified than in the recent past.

The House has passed four of the 12 regular appropriations bills so far, all of which fund national security programs that were generally protected from the deepest cuts:  defense, homeland security, military construction/veterans affairs, and energy/water (the Department of Energy oversees the U.S. nuclear arsenal).  Republican leaders clearly thought they had enough of their own members on board to pass the T-HUD bill as well, but concluded today they did not.  They say they will resume consideration when the House returns from its August recess, but Rogers is not optimistic.  Calling the bill “the first major attempt by the House to consider and pass an Appropriations bill that funds domestic programs under the austere limit” required by the BCA, he concluded that “the prospects for passing this bill in September are bleak at best.” 

The House is scheduled to be in session for only nine days in September, leaving them little time to pass appropriations bills before FY2014 begins on October 1.  The Senate has not passed any of its appropriations bills yet.  The T-HUD bill was the first to reach the Senate floor last week.  Debate in the Senate is continuing this week.  The Senate also will be in recess in August, but is scheduled to be in session for most of September.

The House T-HUD bill provides $14.16 million for AST; the Senate bill includes $17.01 million.  The President’s request was $16.01 million.

Republicans and Democrats on both sides of the Hill complain bitterly about the sequester that was created yy the BCA and insist that it must be replaced by another method of deficit reduction.  There is no indication that they are any closer to agreeing on an alternative than they were two years ago, however.

The stalemate means that once again government agencies are likely to be funded through a Continuing Resolution (CR).  Usually CRs fund agencies at their current spending levels.  In this case, that would be the FY2013 funding levels, which already included steep cuts.  For non-defense discretionary agencies like NASA and NOAA, the outlook is grim if they are held to FY2013 funding levels for much or all of FY2014.

Senate Commerce Committee Clears 2013 NASA Authorization Bill

Senate Commerce Committee Clears 2013 NASA Authorization Bill

The Senate Commerce, Science and Transportation Committee cleared its version of the 2013 NASA Authorization bill today on a party-line vote.  Several non-controversial Democratic amendments were adopted by voice vote.   One Republican amendment was defeated on a party-line recorded vote.

A substitute version of the bill (S. 1317) introduced by Sen. Bill Nelson (D-FL) was adopted, along with three amendments by Sen. Mark Warner (D-VA) (Warner 1, Warner 2, Warner 3) and one by Sen. Martin Heinrich (D-NM).

A Republican amendment introduced by Senators Ted Cruz (TX), Marco Rubio (FL) and Roger Wicker (MS), however, sparked intense debate.   Committee Republicans complained that the $18.1 billion authorized in the bill ignores budget caps imposed by the 2011 Budget Control Act (BCA), which created the sequester. Committee Democrats, led by Nelson, who chairs the Science and Space subcommittee, insisted that the BCA does not govern authorizations, only appropriations. The debate pitted Nelson against fellow Floridian Rubio.   Both said it was disappointing that it came down to a partisan vote considering that both support NASA, but each held firm to their fiscal positions.   The Cruz-Rubio-Wicker amendment would have required the level of funding in the bill to conform with the BCA and was defeated on a party-line vote.

The bill then passed the committee, also on a party-line vote, after a startling moment when committee Chairman Jay Rockefeller (D-WV) inadvertently voted against it.  He quickly realized his mistake and changed his vote.

The debate and voting in the Senate committee today mirrored action in the House Science, Space and Technology Committee when it approved its version of the bill (H.R. 2687) two weeks ago.  Nelson downplayed the differences between the House and Senate bills, saying that apart from the funding amounts, the only major disagreement is that the House bill prohibits funding for NASA’s proposed asteroid redirect mission (ARM) while the Senate bill is silent on it.  Nelson said he believes NASA’s scientists and engineers, not Congress, should decide what missions are needed to achieve the goals set forth in legislation.

 

 

Space Policy Events for the Week of July 29 – August 2, 2013

Space Policy Events for the Week of July 29 – August 2, 2013

The following space policy events may be of interest in the week ahead.   The House and Senate are in session this week (and then will be on recess for 5 weeks).

During the Week

As the House and Senate try to complete as much work as possible before their 5-week summer break begins on Friday (returning on September 9), action is expected in committee and on the floor on space policy-related legislation.  Not many legislative days are left before the new fiscal year begins on October 1, so appropriations bills are the focus right now.  The House is scheduled to meet for only 9 days in September (September 9-12, September 17-20,  and September 30).  (The Senate will be in session from September 9 through the end of the month.)

On Monday, the Senate will resume consideration of its FY2014 T-HUD appropriations bill (S. 1243) that funds, among other things, the FAA’s Office of Commercial Space Transportation (AST).   The outcome of that debate is viewed as a bellwether on how other appropriations bills may fare in the Senate where long-standing partisan divides on deficit reduction are taking unusual turns.  Senate Republicans are less unified than they have been recently on insisting that appropriations bills adhere to the strict top-line limit set by the House Budget Resolution ($967 billion).  The Senate Budget Resolution allows $91 billion more — $1.058 trillion — in spending for FY2014.  A sufficient number of Senate Republicans voted to allow the T-HUD bill to come to the floor for debate nevertheless, and on Thursday prevented it from being sent back to committee.  The outcome of this debate may be instructive.   Meanwhile, the House will begin debate on its version of the T-HUD bill (H.R. 2610) on Tuesday.  The Senate version provides $1 million more than the President’s request for AST ($17.01 million versus $16.01 million), while the House version provides much less ($14.16 million).

On Tuesday, the Senate Commerce Committee is scheduled to markup its version of the 2013 NASA authorization bill (S. 1317), which is quite different from its House counterpart (H.R. 2687).  Also on Tuesday, the Senate Appropriations Defense Subcommittee will markup its version of the FY2014 defense bill, followed by full committee markup on Thursday.  The House passed its version of the bill (H.R. 2397) last week.   (To keep up to date on the status of space policy-related legislation, see our fact sheet: 113th Congress Legislative Checklist.)

Meanwhile, off the Hill, the NASA Advisory Council (NAC) and many of its committees will be meeting throughout the week at NASA Headquarters in Washington, DC.

Monday-Tuesday, July 29-30

Monday-Wednesday, July 29-31

Tuesday, July 30

Wednesday, July 31

Wednesday-Thursday, July 31-August 1

Thursday, August 1

 

 

Senate Commerce to Markup 2013 NASA Authorization Bill on Tuesday

Senate Commerce to Markup 2013 NASA Authorization Bill on Tuesday

The Senate Commerce, Science and Transportation Committee will markup its version of the 2013 NASA Authorization bill on Tuesday, July 30.

Senators Bill Nelson (D-FL) and Jay Rockefeller (D-WV) introduced the bill, S. 1317, on July 17.  Rockefeller chairs the full committee; Nelson chairs the Science and Space Subcommittee.  Unlike the last NASA authorization bill in 2010 when Senate Democrats and Republicans (under the leadership of then-Senator Kay Bailey Hutchsion) worked closely together, this bill has no Republican co-sponsors.   Nelson painted a grim picture of the likelihood of a NASA authorization bill clearing Congress this year during a talk to the Space Transportation Association in June.  He said at the time that a partisan split on the bill was a possibility for “the first time in my memory.”

The NASA bill is one of a dozen pieces of legislation and eight nominations scheduled for action on Tuesday at 2:30 pm ET in 253 Russell Senate Office Building.   Among the nominations to be considered is that of Mark Schaefer to be assistant secretary of Commerce for oceans and atmosphere (and a deputy administrator of NOAA).

The Senate bill is quite different from its House counterpart, H.R. 2687, which was marked up by the House Science, Space and Technology Committee on July 18.   From the total funding authorized to the direction of NASA’s human space flight program to science priorities, the two pieces of legislation are so different that it is difficult to see how compromise eventually might be reached.  Among the difference are:

  • Total FY2014 NASA funding authorized:  Senate bill: $18.100 billion; House bill: $16.865 billion. (The President’s request is $17.715 billion.)
  • Future of human space flight:  Senate bill: requires development of an “exploration strategy” covering a broad range of destinations, but does not mention the Asteroid Retrieval Mission (ARM) specifically; House bill: prohibits spending on ARM, requires a “program” (not just a plan) to develop a “sustained human presence on the Moon and the surface of Mars.”
  • Science priorities compared to the President’s request:  Senate bill:  substantial increase for planetary exploration, slight decrease for Earth science, very similar for astrophysics, James Webb Space Telescope (JWST), and heliophysics; House bill: even larger increase for planetary exploration, deep cut to Earth science, smaller cut to heliophysics, identical for JWST and astrophysics.

A SpacePolicyOnline.com fact sheet compares the funding figures recommended in the Senate and House authorization bills, as well as the Senate and House appropriations bills for NASA, compared with the President’s request.

House Passes FY2014 Defense Appropriations Bill

House Passes FY2014 Defense Appropriations Bill

The House passed the FY2014 defense appropriations bill this evening.

The bill (H.R. 2397) appropriates $512.5 billion for the Pentagon’s base budget, $3.4 billion less than the request, plus $85.8 billion for overseas contingency operations (e.g., the war in Afghanistan).  It passed 315-109.   The most controversial amendment, by Rep. Justin Amash (R-MI) to limit National Security Agency domestic surveillance operations currently permitted by the Patriot Act, was narrowly defeated 217-205.

Only one amendment was directly related to national security space activities and it was withdrawn.  Rep. Michelle Lujan Grisham (D-NM) made a strong statement in support of her amendment to add $10 million for Operationally Responsive Space (ORS), but fellow Democrat and ranking member of the Defense Appropriations Subcommittee, Rep. Peter Visclosky (D-IN), made clear she did not have the votes for it to pass.  He congratulated her on her “dogged” advocacy, but asserted that it was a matter of “reasonable people” disagreeing that ORS was the most cost effective approach to resolving the issues she raised and noted that the Air Force did not request the funds.

Space Policy Events for the Week of July 22-27, 2013

Space Policy Events for the Week of July 22-27, 2013

The following space policy events may be of interest in the week ahead.  The House and Senate are in session this week.

During the Week

The FY2014 Defense Appropriations bill (H.R. 2397) may come to the House floor this week, although that also was the  expectation last week and it did not.  It is scheduled for consideration by the House Rules Committee (the last step before going to the floor) on Monday at 5:00 pm ET; 165 amendments have been filed, only one of which appears to directly affect space activities — it would add $10 million for Operationally Responsive Space.   Rep. Hal Rogers (R-KY), who chairs the House Appropriations Committee, lamented last week that there are six appropriations bills that have cleared his committee and are awaiting floor action.  He worries that time is running out before the beginning of FY2014 on October 1.  The House is scheduled to meet for only 17 more days between now and then (July 22-25, July 30-August 2, September 9-12, September 17-20, and September 30).  Among the other bills waiting for action are Commerce-Justice-Science (CJS), which includes NASA and NOAA, and Transportation-HUD (T-HUD), which includes the FAA and its Office of Commercial Space Transportation.  (The T-HUD bill, H.R. 2610,  is also on the Rules Committee’s schedule for July 22, but it is not included in the Majority Leader’s list of legislation headed to the floor this week.)

Of course, that’s just the House.  Bills must also pass the Senate — and it may consider its T-HUD bill this week — and the two chambers are working with widely different spending totals, so reaching compromise will be extremely difficult.  There is no expectation that Congress will complete the appropriations process by October 1, which will mean a Continuing Resolution (CR), which is likely to continue spending at the FY2013 levels that were subject the sequester and other across-the-board spending cuts.  Defense Secretary Chuck Hagel warned his civilian workforce last week that the one-day-a-week furloughs that recently began are likely to continue next year and layoffs are another possibility.

Monday, July 22

Tuesday, July 23

Tuesday-Wednesday, July 23-24

Wednesday, July 24

Wednesday-Friday, July 24-26

Thursday-Saturday, July 25-27

Note:  This article was updated at 6:15 pm ET July 21, adding the nomination hearing on Wednesday and the possibility of Senate action on the T-HUD bill.