House and Senate Make Progress on the FY2021 NDAA

The House and Senate both made progress on the FY2021 National Defense Authorization Act (NDAA) this week.  The House version cleared committee and the Senate got pretty far along debating its version on the floor.  The two chambers have now recessed for the July 4 holiday. Action will resume when they return.

The House Armed Services Committee (HASC) passed the House bill, H.R. 6395, by a vote of 56-0 just before midnight last night. The last amendment adopted was to name the bill after Rep. Mac Thornberry (R-TX), the top Republican on the committee who is retiring at the end of this Congress. He chaired the committee when Republicans controlled the House.

In addition to the space-related provisions in the original bill as reported from the Strategic Forces subcommittee, a number of others were included in the chairman’s mark and in amendments adopted during full committee markup, but there were no major debates.  House committees will be meeting during the first two weeks of July, but the House will not return for legislative business until July 20.

A sampling of the key space provisions added after the Strategic Forces markup that are included in the final version include the following.

• The chairman’s mark creates an Assistant Secretary of Defense for Space and Strategic Deterrence to supervise DOD policy for space, nuclear deterrence, and missile defense, replacing the position of Assistant Secretary of Defense for Space Policy.
• The chairman’s mark supports the National Security Space Launch phase two acquisition strategy of awarding two contracts to two providers, and authorizes $150 million to maximize the likelihood that the phase three acquisition will have three.
• a Turner amendment codifies the Office of the Chief of Space Operations and specifies its authorities, while restating that no additional military billets will be created to fill its ranks.
• a Turner amendment prohibits DOD from spending any funds to modify any GPS device or system because of the terrestrial 5G system approved by the FCC to be built by Ligado, while quoting from Ligado affirming they know the obligation to pay to modify those systems is theirs based on the FCC license.
• a Cooper amendment directs the Government Accountability Office (GAO) to review the draft report submitted by the Air Force on an alternative acquisition strategy for the U.S. Space Force.  Last year’s NDAA required the acquisition report and the Air Force delivered it in May, but then said it was not the final version. The amendment asserts the draft report “raised questions about the risk of undermining congressional oversight of major space acquisition programs and the lack of accountability.” Hence the requirement for the GAO review, which is to be completed by December 15, 2020.  The amendment also directs the Director of the National Reconnaissance Office, the Director of Navy Space Systems Program and the Director of Naval Reactors at the National Nuclear Security Administration to brief the committee by December 1, 2020 on their acquisition practices.
• a Thornberry amendment directs the Secretary of Defense to develop an Alternative Space Acquisition System for the U.S. Space Force to quickly and effectively acquire space warfighting capabilities and report to Congress by January 15, 2021.
• a Haaland amendment directs the Secretary of the Air Force to implement tactically responsive space launch operations including required basing capabilities.
• a Lamborn amendment requires the Secretary of Defense to review DOD’s orbital debris mitigation policies and report to Congress by January 31, 2021.
• a Houlahan amendment requires (1) the National Space Council to submit annual interagency assessments of the U.S. ability to compete with foreign space programs (especially China) and in the emerging commercial space economy, and (2) the President, in consultation with the National Space Council, to develop and submit a strategy to ensure the United States can compete with other national space programs, maintain leadership in the emerging commercial space economy, and identify market, regulatory, and other means to address unfair competition from China.
• a Crow amendment, the Protecting American Space Assets Act, requires the President, in consultation with the National Space Council, to develop and maintain a strategy and implementation plan that strengthens civil and national security capabilities and operations in space through challenging and inspiring civil space goals and programs, partnerships with U.S. allies, leveraging commercial space capabilities, ensuring the supply chain, sustaining a workforce, and considering the financial security and cybersecurity concerns threatening commercial and government launch sites.
• a Rogers amendment prioritizes development of the Hypersonic and Ballistic Missile Tracking Sensor.
• an Escobar amendment directs the Chief of Space Operations to brief the committee by January 31, 2021 on the Space Force’s strategy to establish a university consortium for national space research to support the U.S. Space Force.
• a Haaland amendment directs the Secretary of the Air Force to brief the committee by December 1, 2020 on the approved process and plan to make Space Force basing decisions for the Space Training and Readiness Command (STARCOM) and any future Space Force Centers of Excellence or space-related research laboratories.
• a Kelly amendment prohibits the Secretary of the Air Force (SecAF) from transferring or relocating any personnel or asset, or dissolve any unit of the Air National Guard or Air Force Reserve until the Chief of Space Operations certifies to the SecAF that plans to create reserve components of the Space Force shall not diminish the space capability of the Air Force, or 180 days after the SecAF reports to Congress on plans to establish the reserve components of the Space Force with a list of specific information.
• a Turner amendment allows the President to create a Space Force Medal.
• a Turner amendment allows the Secretary of the Air Force to provide a one-time $400 allowance to officers or enlisted members transferring to the Space Force to buy a new uniform.

The Senate agreed to a manager’s amendment to the version of the bill reported from the Senate Armed Services Committee (S. 4049) and a package of 62 amendments to it. An amendment (SA 2308) by Sen. Ted Cruz (R-TX) to extend operations of the International Space Station through 2030 was not included in the package.  Six other amendments will be debated when the Senate returns on July 20.

 

This article has been updated.