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Senate Passes FY2016 Defense Authorization, But Blocked on Defense Appropriations

Marcia S. Smith
Posted: 18-Jun-2015 (Updated: 19-Jun-2015 12:36 AM)

The Senate passed the FY2016 National Defense Authorization Act (NDAA) today despite the threat of a Presidential veto.  Shortly thereafter, however, the Senate Republican leadership was blocked in an attempt to bring up the FY2016 defense appropriations bill as Democrats fulfilled their pledge to block all appropriations bills until Republicans agree to negotiate a new budget deal to replace the sequester.  The White House issued a veto threat against the appropriations bill, too.

Authorization.  Some top Senate Democrats earlier said they would block passage of the NDAA (S. 1376/H.R. 1735) because of the debate over budget caps, but Senate Armed Services Committee (SASC) chairman John McCain (R-AZ) argued that although the NDAA recommends funding levels, it does not actually provide any funding. The policy provisions at the heart of the legislation are so important that the bill needed to pass, he argued.  His reasoning apparently persuaded a number of Democrats.  The bill passed by a healthy margin (71-25) despite the veto threat from the White House. (Not sure of the difference between an authorization and an appropriation?  See SpacePolicyOnline.com's "What's a Markup" fact sheet.)

The House has already passed its version of the NDAA.  The next step is coming up with a compromise between the House and Senate versions.  One important space-related issue on which the two sides of the Capitol disagree is the pace at which an American-made alternative to Russia's RD-180 rocket engine must be in service.

The RD-180 issue has been debated extensively in Congress and elsewhere over the past year and a half as reported in these pages.  Essentially, the Russian-built RD-180s are used for the United Launch Alliance's (ULA's) Atlas V rocket, one of two Evolved Expendable Launch Vehicles (EELVs) used to launch national security satellites for DOD and the intelligence community.  The other is the Delta IV.  Russia's annexation of Crimea and the resulting chill in U.S.-Russian relations galvanized Congress to require DOD and the Air Force to stop purchasing RD-180s and develop an American alternative instead.  The FY2015 NDAA set 2019 as the last year when RD-180s can be used for national security launches (there is no prohibition against using them for civil or commercial launches, although the number of engines that may be purchased is restricted). 

The Air Force is trying to convince Congress to give it a few more years to make the transition, arguing that it needs more time to develop, test and certify a new launch system (of which an engine is part).  It wants an extension to 2022.  The House-passed FY2016 NDAA provides that flexibility, but the Senate bill insists on 2019.

The RD-180 and launch competition issues have become entwined.  ULA has been a monopoly provider of launch services to the Air Force and intelligence community since it was created in 2006, but now a competitor, SpaceX, has emerged.   DOD, the Air Force and ULA assert that they embrace the drive for competition, but want to make certain SpaceX does not itself become a monopoly provider in the 2019-2022 time frame when Atlas V's no longer can be launched (because RD-180s are prohibited), but a ULA alternative is not ready.  These issues not only split the House and Senate authorizing committees, but the Senate authorizing and appropriations committees.  McCain's Senate Armed Services Committee (SASC) is the one holding DOD's feet to the fire on 2019, while the other three are siding with DOD.

Appropriations.  Shortly after Senate passage of the NDAA today (June 18), Senate Majority Leader Mitch McConnell (R-KY) tried to bring up the defense appropriations bill (S. 1558/H.R. 2685), which was approved by the Senate Appropriations Committee last week.  He needed 60 votes to allow the bill to be debated, but it fell short 50-45. 

Senate Democrats have vowed to prevent any of the appropriations bills from being debated until Republicans agree to negotiate a new budget deal to replace the spending caps set in the 2011 Budget Control Act (BCA).  They and the White House are particularly incensed that Republicans are using a "gimmick" to add tens of billions of dollars to defense spending by adding it to an off-budget account (Overseas Contingency Operations -- OCO) to which the caps do not apply, while leaving non-defense spending subject to the BCA caps and a sequester if they are not met. That top level disagreement is shaping congressional action on funding bills this year and some Democrats are warning that a government shutdown is possible if Republicans refuse to negotiate a new agreement.

Even if Congress did pass appropriations bills, the White House has said it will veto them. The main reason is the overarching debate about the budget caps and the OCO gimmick, but specific issues also are mentioned.

In its Statement of Administration Policy (SAP) on the Senate defense appropriations bill, issued today, the White House called out three space-related issues as being of particular concern:  the addition of $143.6 million for building a U.S. alternative to the RD-180; the rescission of $125 million from FY2015 funds for an EELV launch, which is related to the RD-180 issue; and the elimination of funding to launch the last Defense Meteorological Satellite Program weather satellite (DSMP-20),

As explained in the committee's report, Sec. 8045 rescinds the $125 million because of the requirement in Sec. 1608 of  the FY2015 NDAA that use of RD-180s cease in 2019.  The money was provided, the report says, to double the number of competitive launch opportunities in FY2015.  However, the committee agrees with the Air Force and ULA that a new U.S. launch system to replace the Atlas V will not be ready by 2019, and, since ULA's Delta IV is not cost competitive, only SpaceX could win launch contracts.  That means no competition, "nullifying the intent" of the addition. 

The committee goes on to say that it is not recommending fewer competitive opportunities in FY2016 because "true competition" may still be possible if Congress modifies the Sec. 1608 requirement as requested by DOD and "enable a responsible transition" away from the RD-180 "as soon as possible."  As noted above, the appropriations committee's position is at odds with the just-passed Senate FY2016 NDAA, which maintains the 2019 requirement.  Sen. Lindsey Graham (R-SC) tried to remove Sec. 8045 during markup of the appropriations bill last week, but he withdrew his amendment when it became clear it would not pass.  Sen. Thad Cochran (R-MS), chairman of the full committee and its defense subcommittee; Sen. Richard Durbin (D-IL), the top Democrat on the defense subcommittee; and Sen. Richard Shelby (R-AL), argued stridently against the Graham amendment.  (ULA manufactures its rockets in Decatur, AL.)

Meanwhile, to "ensure expeditious development" of a U.S. alternative to the RD-180, the committee added $143.6 million for rocket engine development above the $84.4 million requested.

The Obama Administration agrees with the committee's position on modifying the 2019 requirement, but not with the rescission of $125 million from FY2015 EELV procurement or the addition of $143.6 million in FY2016 for rocket engine development.  Regarding the latter, It argues that the committee's "engine-centric approach ... would not preserve the Nation's assured access to space" because an engine is only one of many critical components of a launch system and developing a propulsion system independent of the rest of the system risks "hundreds of millions of dollars without ensuring the availability of operational launch systems."  (The White House's threat to veto the Senate version of the NDAA also included concerns about space launch issues, objecting to four sections of that bill.)

As for DMSP-20, the Air Force changed its mind this year about the need for this last of the 1990s-era DMSP series.  The tortuous history of DOD weather satellites and the failure of the DOD-NOAA-NASA National Polar-orbiting Operational Environmental Satellite System (NPOESS) program need not be repeated here. DOD is still trying to determine its future path for weather satellites needed to support military operations.  Congress seems exasperated, especially with the high costs of storing and launching the DMSPs. The appropriations committee report says that the Air Force is proposing to launch DMSP-20 in FY2018 or FY2019 at a cost of between $410-$455 million in addition to the $500 million already spent.  It notes that the Air Force previously said DMSP-20 was not needed.  It not only denied the $89.3 million requested for FY2016, but rescinded $50 million of the FY2015 funding and directed the Air Force to bring the program to an "orderly close" with the remaining FY2015 funds.

The Administration's SAP says it strongly objects to the committee's position because by 2017 only one of the DMSP satellites now in orbit will still be within its design life.  DOD is concerned about a potential gap in polar orbiting weather satellite data that could lead to "reduced accuracy in weather prediction models and degraded efficiency of surveillance and reconnaissance platforms."  (The White House's threat to veto the Senate version of the NDAA also included objections to that committee's DMSP provisions, which limited the availability of funds until certain prerequisites are met, which the White House termed "onerous.")

The space issues are only a small part of the list of Administration objections to the appropriations bill.  While they are all important to reaching agreement on a final FY2016 appropriations measure, the fundamental issue of budget caps and balancing defense versus non-defense spending portends a lengthy and fractious appropriations season this year.

DLR Selects Pascale Ehrenfreund As Its New Leader

Marcia S. Smith
Posted: 18-Jun-2015 (Updated: 18-Jun-2015 09:23 AM)

The German Research Center (DLR) announced today that Pascale Ehrenfreund will replace Johann-Dietrich Wörner as Chair of its Executive Board.  Wörner is about to become Director General of the European Space Agency (ESA).

An astrobiologist, Ehrenfreund is well known in U.S. space policy circles.  Since 2008, she has served as a Research Professor of Space Policy and International Affairs at George Washington University's Space Policy Institute.  She will be the first woman to head DLR.  Mathias Maching, State Secretary at the German Federal Ministry of Economic Affairs and Energy and chair of the DLR Senate, which selected Ehrenfreund, said he was "particularly pleased that ... a woman will head the largest German engineering research facility for the first time."

DLR has broad responsibilities in aeronautics, space, energy, transport and security, but is best known to readers of this website as the entity that plans and implements Germany's space program.  Germany has many space projects that are conducted nationally or internationally.  It is one of the top three (along with France and Italy) contributors to ESA.  Among Germany's perhaps best known space projects are the Spacelab scientific research module that was carried in the space shuttle's cargo bay, the Columbus module that is attached to the International Space Station, the airplane-based Stratospheric Observatory for Infrared Astronomy (SOFIA), and the Philae spacecraft that landed on Comet 67P/Churyumov-Gerasimenko.

Dr. Pascale Ehrenfreund.  Photo credit:  DLR

Born in Vienna, Austria, Ehrenfreund received a masters degree in molecular biology from the University of Vienna, a doctorate in astrophysics from the University Paris VII/University Vienna, a habilitation in astrochemistry from the University of Vienna, and a master's degree in management and leadership from Webster University in Leiden, the Netherlands.

Europa Mission Moves into Formulation -- Might ESA Provide a Lander?

Marcia S. Smith
Posted: 17-Jun-2015 (Updated: 17-Jun-2015 11:57 PM)

A mission to send a spacecraft to explore Jupiter's moon Europa that owes its existence to an alliance between a few planetary scientists and Washington politicians moved from concept review to formulation today, the first step in the development phase.  NASA continues to say it will be launched "in the 2020s" while its political patrons are intent on 2022.

NASA Science Mission Directorate head John Grunsfeld announced that "Today we are taking an exciting step from concept to mission, in our quest to find signs of life beyond Earth." 

On May 26, NASA announced the instruments that will be included on the spacecraft.  The goal is to determine if the moon is habitable -- not whether life exists there, but whether the conditions that would allow life to develop exist.  Europa project scientist Curt Neibur said at the time that "we don't have a life detector" and there is not even a scientific consensus on what to measure in order to detect life confidently.

A mission to Europa was the second priority for a flagship planetary science mission in the most recent National Research Council (NRC) Decadal Survey on planetary science.   Returning samples from the surface of Mars got top billing, in part because of the high cost of a Europa mission, then estimated at $4.7 billion.   The report recommended that Europa advocates downsize the mission to make it more affordable, yielding the “Europa Clipper” concept now being used as the baseline design. That design involves a spacecraft that will orbit Jupiter and make 45 flybys of Europa over two-and-a-half years. 

Some Europa enthusiasts want to send a lander as well as an orbiter. 

The European Space Agency (ESA) built the Huygens spacecraft that traveled with the U.S. Cassini mission to Saturn and landed on its moon Titan.  ESA also built the Philae spacecraft that traveled with ESA's Rosetta mission to Comet 67P/Churuymov-Gerasimenko and landed on the comet last November.  Philae just awakened from 7 months of hibernation and resumed communicating with Earth via Rosetta, which remains in orbit around the comet. 

Following on those successes, the idea of ESA providing a Europa lander as part of this mission has been getting some attention. During a press conference Monday at the Paris Air Show, outgoing ESA Director General (DG) Jean-Jacques Dordain and incoming DG Johann-Dietrich Woerner were asked about that possibility.  Dordain laughingly replied that he already told NASA Administrator Charlie Bolden that he would never let the United States land on Europa without Europe.  More seriously, he and Woerner said it was something that would have to be discussed.  ESA is already building its own orbiting mission to Jupiter's moons -- the Jupiter Icy Moons Explorer (JUICE) -- that will focus on two different moons, Ganymede and Callisto, and make only two flybys of Europa.

For now, however, the Europa Clipper orbiter is the NASA reference design and that is what moved into formulation today.

NASA had not planned on building a Europa mission now.  The Decadal Survey's top priority was a series of missions to Mars that would eventually lead to returning a sample of Mars to Earth.  That "campaign," which was conceived as a joint NASA-ESA effort, fell victim to budget constraints.  NASA instead is building a single spacecraft, Mars 2020, using hardware left over from the Mars Science Laboratory/Curiosity mission.  Obtaining funding for another expensive planetary science mission did not appear possible.

Two influential members of Congress have other ideas, however.   Rep. John Culberson (R-TX) and Adam Schiff (D-CA) used their positions on the House Appropriations Commerce-Justice-Science subcommittee to add funding for a Europa mission in FY2013 ($75 million; none was requested), FY2014 ($80 million; none was requested), and FY2015 ($100 million, compared to the $15 million requested).  Culberson now chairs that subcommittee and the House-passed version of the FY2016 CJS appropriations bill provides $140 million for Europa, an increase of $110 million above the request of $30 million. Schiff no longer is on the House Appropriations Committee, but the Jet Propulsion Laboratory (JPL) is in his district and he remains a strong supporter.  Culberson's interest appears to be personal rather than constituent-based and he is an ardent advocate of the mission.  He repeatedly asserts that he is confident life will be discovered on Europa and he wants to be part of making that possible.

The Senate Appropriations Committee did not add any funding for Europa in approving its version of the FY2016 CJS bill, but both sides of Capitol Hill agree that the spacecraft should be launched using NASA's new big rocket, the Space Launch System (SLS), which is now in development.  The House-passed bill specifies that the launch should take place in 2022.

NASA officials warn that they cannot efficiently proceed with a mission that is funded by annual congressional earmarks hoping each year that the money will be provided instead of through the regular budget planning process that requires Administration support.   The Obama Administration did request $30 million for Europa mission formulation in FY2016, however, and that is the step that began today even though the FY2016 appropriations process is far from complete.

Europa stirs fascination because observations from an earlier NASA mission to Jupiter, Galileo, indicated that a liquid ocean lies beneath Europa's icy crust.  Other observations using the Hubble Space Telescope have more recently revealed plumes of material being ejected from Europa. One goal of the Europa mission is to study the material in the plumes as it flies close to the moon.  Instruments on the spacecraft will be able to analyze the material and determine what lies beneath the crust.  Niebur stressed at the May 26 briefing that the flyby mission would be able to reveal Europa's secrets without touching the surface "just as a doctor can see what's going on inside your body using an MRI."

Senate Appropriators Favor Earth Science, Exploration; Cut Space Technology, Commercial Crew

Marcia S. Smith
Posted: 16-Jun-2015 (Updated: 19-Jun-2015 09:02 AM)

The Senate Appropriations Committee publicly released its report today on the Commerce-Justice-Science (CJS) bill that it marked up last week.  Some of the winners and losers were clear already, but the report illustrates less obvious changes resulting, in part, from the committee shifting programs from one account to another.

One example is NASA's Space Technology Mission Directorate (STMD).   NASA's request was $725 million.  The Senate committee cut that to $600 million, but it also shifted the Restore-L satellite servicing project from the Space Operations account into Space Technology and specified $150 million for that program alone.  So in addition to cutting the total for space technology activities, a substantial amount is earmarked for a specific project that was not part of that request.

During the April 16, 2015 CJS subcommittee hearing on NASA's budget request, Sen. Barbara Mikulski (D-MD) pointedly asked NASA Administrator Charlie Bolden why the request for the satellite servicing technology program at Goddard Space Flight Center (in Maryland) was so low -- $65 million compared to the $130 million it received in FY2015.  Bolden asked to speak to her about it privately, while adding that he could not determine who would be the customers for NASA satellite servicing technology since the private sector is already working on those technologies.  Apparently he was not convincing.  The committee allocated $150 million, $20 million more than FY2015, and shifted it from International Space Station (ISS) Research in the Space Operations account into Space Technology.  It further directed NASA not to include any carry-over funds from prior years in the $150 million allocation.   The report states refueling Landsat 7 or another U.S. government satellite is a pathfinder mission and although pathfinder technologies were demonstrated on ISS, it is now time to have a "full-scale stand-alone demonstration which will benefit multiple NASA mission directorates and, therefore, is more appropriately funded within Space Technology" although the program is to be co-managed by STMD and the Science Mission Directorate.

NASA's Earth science program, which was cut deeply in the House-passed version of the CJS bill, fared very well in the Senate version.  The $1.947 billion request was cut only by $16 million and NASA is directed to accelerate development of the next Landsat satellite, Landsat 9, so that it is ready by 2020 instead of 2023.  The committee denied funding for a Landsat-related free-flying thermal infrared instrument, TIR-FF, NASA wants to build  to ensure there is no gap in providing that type of data, presumably because if Landsat 9 is ready by 2020, the risk of such a gap is minimized.  (For a comparison of the House-passed and Senate committee-approved funding levels, see SpacePolicyOnline.com's fact sheet on NASA's FY2016 budget request.)

The Senate committee did not specify additional funds for a planetary mission to Europa, and, in fact, cut the planetary science budget by $40 million.  The House increased planetary science substantially, including adding $110 million to the $30 million requested for Europa.  One place the two do agree is that the Europa mission should be designed to utilize the Space Launch System.

The Senate committee shifted the commercial crew program from Exploration to Space Operations, which makes apples-to-oranges comparisons of the request and committee-approved levels for those accounts more difficult than may appear at first glance.   While Exploration appears to get a deep cut, in fact the SLS program gets a $543.5 million increase compared to the request, of which $100 million is for the Exploration Upper Stage, and Orion gets a $104 million boost compared to the request.  The total for Exploration is less because commercial crew is shifted to Space Operations, where it is cut to $900 million from the $1.244 billion request.   Commercial crew is tasked with developing systems to take crews to and from ISS and the committee said it wanted to consolidate all ISS funding in a single account.

Overall, the Senate committee recommends a $239.6 million cut to NASA's budget request of $18,529.1 million, approving $18,289.5 million.  To obtain that net reduction, the committee favored science programs, exploration, and education, while reducing aeronautics, space technology, and NASA's internal accounts.  Space Operations is an amalgam that is difficult to analyze at the level of detail provided in the committee's report.  Commercial crew was shifted into Space Operations, but satellite servicing was moved out, so looking only at the total on paper -- $4,756.4 million compared to the $3,957.3 million request -- does not tell the whole story.

During markup, Mikulski offered an amendment to add $300 million for commercial crew, $46 million for the WFIRST space telescope, $50 million for the Mars 2020 program,  $54 million for space technology, and $50 million for Orion, but it was rejected on party lines.  Senate Democrats continue to insist that the budget caps imposed by the 2011 Budget Control Act (BCA) need to be revised for non-defense spending before they will allow any appropriations bills to be debated on the Senate floor.  So far the Republicans do not seem interested in negotiating a new budget deal.  They are interested in adding money for defense and are accomplishing that by adding it in an off-budget account (Overseas Contingency Operations).  Congressional Democrats and the President call it a gimmick and the President has vowed to veto any appropriations bills that conform with the BCA caps.

Note:  The figures for NASA's total budget request, total recommended by this committee, and the amount of the cut have been clarified.

 

What's Happening in Space Policy June 15-19, 2015

Marcia S. Smith
Posted: 14-Jun-2015 (Updated: 14-Jun-2015 04:17 PM)

Here is our list of space policy related events for the week of June 15-19, 2015 and any insight we can offer about them.  The House and Senate are in session this week.

During the Week

The Senate resumes consideration of the FY2016 National Defense Authorization Act (NDAA).  Floor debate began on June 3 and progress has been slow due to internal Senate politics. Senate Armed Services Committee (SASC) chairman Sen. John McCain (R-AZ) said late last week that the bill has become "unstuck" now so he is hoping for quick resolution.

The Senate Republican leadership also wants to take up the FY2016 Defense Appropriations Act this week.  We'll see how that goes.  Democrats have vowed to prevent any funding bills from reaching the floor until Republicans agree to negotiate over the 2011 Budget Control Act (BCA) funding caps.  So far the Republicans don't seem interested.

One space issue has split Senate appropriators and authorizers.  In the NDAA, McCain is holding DOD's feet to the fire to discontinue using Russian RD-180 engines by 2019.  He spoke on the Senate floor on Thursday about the need to stop sending money to Russian President Putin and his cronies.  At the same time that day, however, the Senate appropriations committee was approving a bill that would relax that requirement.  McCain's friend and ally (and Presidential candidate) Sen. Lindsey Graham (R-SC) offered an amendment to strike the language in the bill offering that flexibility, but strong bipartisan opposition led him to withdraw it.

The House already has passed its versions of the NDAA and defense appropriations act.  This week it will take up the FY2016 Intelligence Authorization Act, H.R. 2596.   Most of that is classified, but the House Intelligence Committee said that it "invests in the resiliency of our national security space architecture."   It is set for consideration by the House Rules Committee tomorrow, with floor debate on Tuesday.

The biennial Paris Air Show is being held this week at Le Bourget (outside Paris) which usually creates a lot of news, so stay tuned.   And the annual Astrobiology Science Conference (AbSciCon) will be held in Chicago all week.  NASA and university scientists will hold a panel discussion on Tuesday afternoon that will be broadcast on NASA TV.

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

Sunday-Friday, June 14-19 (continued from last week)

Monday-Friday, June 15-19

Monday-Sunday, June 15-21

Tuesday, June 16

Wednesday, June 17

Philae Phones Home

Marcia S. Smith
Posted: 14-Jun-2015 (Updated: 14-Jun-2015 12:35 PM)

The European Space Agency's (ESA's) Philae comet lander has awakened and is sending data back to Earth once more.  Scientists have anxiously waited seven months for this moment.

Philae (pronounced fee-LAY) landed on Comet 67P/Churyumov-Gerasimenko on November 12, 2014 Eastern Standard Time (EST) -- three times, in fact, as it bounced off the surface and finally settled in an area shaded from the Sun.   Because the Sun could not recharge its batteries, the lander fell silent after its initial round of experiments using its 10 scientific instruments. 

Philae journeyed to Comet 67P attached to the Rosetta orbiter, which continues to orbit the comet as it comes closer and closer to the Sun.   Philae communicates with Earth via Rosetta.

Rosetta is the first spacecraft to orbit a comet and Philae is the first to land on one.  Comet 67P was about 510 million kilometers from Earth when the landing took place.  It took the spacecraft 10 years to reach the comet after traveling a circuitous 6.5 billion-kilometer route.



Philae wakes up.  Image credit:  European Space Agency tweet @esa June 14, 2015

Stephan Ulamec of the German space agency DLR and Philae's project manager said the lander is doing well and is "ready for operations."  He reported that it has 24 watts of power available, indicating that its solar panels are recharging the spacecraft's batteries.  Signals were received at ESA's European Space Operations Centre in Darmstaad, Germany on June 13 at 22:28 Central European Summer Time (CEST) for 85 seconds.

The solar panels were in shadow in November after Philae finally stopped bouncing and landed for the third time.   The project's scientists and engineers hoped that as the comet changed its position relative to the Sun that the solar panels might be illuminated sufficiently to recharge the batteries.  Their wish came true.

ESA describes the purpose of the mission as to "unlock the mysteries of the oldest building blocks of our solar system -- comets" and therefore the names are associated with deciphering hieroglyphics.  Rosetta is named after the Rosetta Stone that allowed the deciphering of hieroglyphics and therefore an understanding of the Egyptian civilization.  Philae is the name of an island in the Nile River where an obelisk was found with the final clues to enable the decryption.

The comet is named after the two Kiev, Ukraine astronomers who discovered it in 1969, Klim Churyumov and Svetlana Gerasimenko, while conducting comet observations at the Alma-Ata Astrophysical Institute in Kazakhstan.

RD-180 Pits Senate Appropriators Against Authorizers

Marcia S. Smith
Posted: 11-Jun-2015 (Updated: 12-Jun-2015 09:10 AM)

The Senate Armed Services Committee (SASC) may want to hold DOD's feet to the fire to stop using Russian RD-180 engines by 2019, but the Senate Appropriations Committee (SAC) isn't so sure.   Sen. Lindsey Graham (R-SC) objected to a provision in SAC's defense appropriations bill, which was marked up today, that would provide more flexibility as to when use of the RD-180s must end, but his amendment to delete the language won little support and he withdrew it.

SASC chairman Sen. John McCain (R-AZ) has been a leader in motivating DOD and the United Launch Alliance (ULA) to replace the Russian rocket engines for ULA's Atlas V rocket with an American alternative.  McCain and others who share his point of view do not want American dollars going to Russian President Vladimir Putin or his "cronies."   They want an American-built engine to replace the RD-180 by 2019, a requirement included in the FY2015 National Defense Authorization Act (NDAA), although waivers are possible for national security reasons.

The Air Force and ULA are seeking to change that language to allow use of the RD-180s into the early 2020s.  They insist that although they might be able to develop a new engine by 2019, it will be 2021 or 2022 before the engine is integrated into a new rocket, tested, and certified for launching expensive, critical national security satellites.  The House Armed Services Committee (HASC) agreed and softened the requirement in its version of the FY2016 NDAA. 

McCain and other SASC members, however, expressed their displeasure with the Air Force's slow pace during a May 2015 hearing and did not provide any relief in the Senate version of the FY2016 NDAA, which is now being debated on the Senate floor (McCain spoke on the RD-180 issue today).  The Air Force wants to be able to procure 14 more RD-180s, while SASC wants to limit that number to nine. 

The Senate Appropriations Committee does not agree with SASC.   Although the text of the bill is not yet publicly available, Graham offered an amendment today to delete section 8045 that apparently allows greater flexibility in how many RD-180s may be purchased.  Democrats and Republicans both objected to the amendment.

Sen. Richard Durbin (D-IL) insisted that sufficient time is needed for an alternative U.S. engine to be developed so that the Air Force does not "jump from one monopoly to another." He cited a letter from Secretary of Defense Ash Carter and Director of National Intelligence James Clapper endorsing the Air Force's position that more time is needed.

ULA has been a monopoly provider of launches for the national security sector since it was created in 2006 as a Lockheed Martin-Boeing joint venture when the launch market could not sustain two competitors.  ULA offers the Altas V, Delta IV Medium, and Delta IV Heavy rockets.   It recently decided to discontinue the Delta IV Medium, leaving it with only Atlas V and Delta IV Heavy.  The Atlas V is powered by RD-180s and Delta IV Heavy, at $400 million per launch, is not cost competitive.  

Last month, the Air Force finally certified SpaceX to compete for national security launches.  ULA supporters therefore argue that if ULA is not allowed to launch Atlas V after 2019 because it cannot obtain more RD-180s, and the Delta IV is not competitive, SpaceX with its Falcon rockets will become a de facto monopoly provider.  Since the goal is to lower costs through competition, the argument goes, SpaceX should not be allowed to replace ULA as a monopoly provider and therefpre Atlas V launches are needed until ULA can offer a new rocket using a new American engine (or other competitors emerge).

The debate pits two groups against each other.  Both agree on the need to end U.S. reliance on Russian rocket engines and reduce launch costs through competition.  The debate is over the timing.

One group is anxious to end reliance on Russia as soon as possible because of its annexation of Crimea last year and its continued action in Ukraine.  Some also are SpaceX advocates intent on lowering government costs for launching satellites through competition with ULA.  On the other side are ULA supporters who want to give the company time to develop and test an alternative engine and remain in the space launch business as well as those sympathetic to Air Force arguments that it needs more time to learn how to interact with the private sector in this new era of public-private partnerships.

SASC is in the first camp, while SAC appears to be in the other, though some SAC members clearly are in tune with the desire to end reliance on Russia sooner rather than later.  Durbin pointed out today that the provision in the appropriations bill, which provides $143.6 million to develop a new U.S. engine, calls it the "Competitive Rocket  Innovation Modernization Engine Assembly" or CRIMEA.  "The acronym tells the story," Durbin said.

Sen. Richard Shelby (R-AL), chairman of the CJS subcommittee, and Sen. Thad Cochran (R-MS), chairman of SAC, both spoke against the Graham amendment, stressing that the bill provides money to develop a new engine and the Air Force and ULA need sufficient time to succeed. 

Graham insisted that the authorizing committee (SASC) already had this debate and decided that the current 2019 deadline was achievable.  We are "not enhancing competition" by allowing ULA to use more than nine RD-180s, "we're enhancing the reliance on a Russian engine that we need to get away from," Graham insisted and a "date certain" is needed to "break this dependency."  Realizing the lack of support for his amendment, however, he withdrew it and said he would continue to work with Shelby on the issue.

Strictly speaking, authorizing committees set policy while the appropriations committee sets funding levels, so this could be an interesting case of jurisdictional and parliamentary dispute depending on the exact wording of the provision in the appropriations bill.

The committee approved its version of the FY2016 defense appropriations bill, but it is not clear when it will be debated on the Senate floor.  Senate Democrats have vowed to work to prevent any appropriations measures from being debated until Republicans agree to negotiate over revising or revoking the spending caps set by the 2011 Budget Control Act.

The House passed its version of the defense appropriations bill (H.R. 2685) this afternoon.

Mikulski Fails in Attempt To Restore Funding for Future Weather Satellites

Marcia S. Smith
Posted: 11-Jun-2015 (Updated: 12-Jun-2015 01:40 PM)

The Senate Appropriations Committee today rejected an amendment by Sen. Barbara Mikulski (D-MD) to restore funding for NOAA to proceed with future satellites in the Joint Polar Satellite Sytsem (JPSS) program.   The Senate Appropriations Commerce-Justice-Science (CJS) subcommittee recommended a deep cut to the Polar Follow On (PFO) program to build JPSS 3 and 4.  Mikulski's amendment to restore the full amount requested by the Obama Administration failed on a party-line vote.

The full committee approved the subcommittee's recommendations for NOAA.  The text of the bill has not been released yet, but apparently it fully funds NOAA's existing weather satellite programs -- GOES-R and the first two JPSS satellites.  The House also fully funded them in its version of the bill that passed last week.  The debate is over the PFO program, for which the Obama Administration is requesting $380 million for FY2016.  The House zeroed that funding. 

The NOAA budget request actually states that the PFO request is $370 million with another $10 million for an "Earth Observing Nanosatellite-Microwave" (EON-MW) instrument, so the amount is variously listed as $370 million or $380 million.  (See SpacePolicyOnline.com's fact sheet on the FY2016 NOAA Budget Request for Satellites for more information.)

Based on the Mikulski amendment as explained in draft report language posted on the committee's Democratic website, the Senate subcommittee approved $135 million for PFO.  She sought an addition of $245 million, which would have restored it to the $380 million level.  The amendment also would have added $2.5 million for a follow-on space weather satellite.  The request was $2.5 million.  The newest space weather satellite, the Deep Space Climate Observatory (DSCOVR), was launched on February 11.

Debate during full committee markup today of the CJS bill, as well as the FY2016 Defense Appropriations bill, followed a familiar theme.  Democrats want to negotiate a new budget deal that replaces budget caps set in the 2011 Budget Control Act (BCA) with more flexible limits.  Republicans insist that non-defense spending must stay within those caps, but are adding money for defense in an off-budget account (Overseas Contingency Operations) to which the caps do not apply.  Democrats in Congress and the White House are railing against what they call a "gimmick" to add money for defense while shortchanging domestic needs.

The NOAA additions were part of an overall $2.784 billion increase Mikulski sought for various activities in the CJS bill.  The amendment was defeated by a 14-16 party line vote.   CJS subcommittee chairman Richard Shelby (R-AL) opposed the amendment, but said that if a new budget deal is indeed negotiated, he will work with Mikulski on how to allocate any additional funding. 

Mikulski Amendment Rejected - No Relief for NASA in Senate Appropriations Markup

Marcia S. Smith
Posted: 11-Jun-2015 (Updated: 16-Jun-2015 11:52 PM)

Senator Barbara Mikulski (D-MD) offered an amendment to the FY2016 Commerce-Justice-Science (CJS) appropriations bill during full committee markup today that would have added money above the level recommended yesterday by the CJS subcommittee for several NASA programs, including commercial crew.  The amendment was rejected 14-16 along party lines.

Debate on the CJS bill, as well as the FY2016 Defense Appropriations bill that also was approved by the committee today, followed familiar themes.  Democrats want to negotiate a new budget deal that replaces budget caps set in the 2011 Budget Control Act (BCA) with more flexible limits.  Republicans insist that non-defense spending must stay within those caps, but are adding money for defense in an off-budget account (Overseas Contingency Operations) to which the caps do not apply.  Democrats in Congress and the White House are railing against what they call a "gimmick" to add money for defense while shortchanging domestic needs.

Yesterday, the CJS subcommittee approved a bill that provides about $240 million less for NASA in FY2016 than requested by the Obama Administration.  The commercial crew program was one of those cut most deeply.  Only $900 million was approved versus the $1.244 billion requested. 

NASA Administrator Charlie Bolden repeatedly warns that if the full request is not approved, he can not guarantee that U.S. systems capable of taking astronauts to and from the International Space Station (ISS) will be ready by 2017.  He argues that if Congress had fully funded the program in the past, the systems would be ready now, so 2017 is already a two-year delay.  Sen. Bill Nelson (D-FL) said on the Senate floor yesterday that if the Senate cuts the program to $900 million, another two-year slip will be incurred.

Mikulski's amendment would have added $300 million for commercial crew above the subcommittee's recommendation, bringing it close to the requested level.  She also sought to add funds for NASA programs in science ($96 million above the subcommittee's recommendation -- $46 million for WFIRST and $50 million for Mars 2020), space technology ($54 million), and the Orion spacecraft ($50 million).

The NASA additions were part of an overall $2.784 billion increase Mikulski sought for various activities in the CJS bill. 

The amendment was defeated by a 14-16 party line vote.   CJS subcommittee chairman Richard Shelby (R-AL) opposed the amendment, but said that if a new budget deal is indeed negotiated, he will work with Mikulski on how to allocate any additional funding.

Meanwhile, however, NASA would be held to the subcommittee levels if this bill passes the Senate and is signed into law.   Senate Minority Leader Harry Reid (D-NV) has said Democrats will work to prevent any appropriations bills from reaching the Senate floor for debate until a new budget deal is reached, so the future of this and the other appropriations bills in the Senate is uncertain.  President Obama vowed to veto any funding bills that abide by the 2011 BCA caps.

The House passed its version of the CJS bill last week, providing the same total amount requested by the Administration, $18.527 billion, but allocating it differently.  For commercial crew, for example, the House approved $1.0 billion, a $244 million cut.

Bolden Blasts Senate Appropriations Subcommittee Cut to Commercial Crew

Marcia S. Smith
Posted: 10-Jun-2015 (Updated: 10-Jun-2015 07:41 PM)

NASA Administrator Charlie Bolden fired back at the Senate Appropriations subcommittee that funds the agency because of its cut to the commercial crew program.  The subcommittee marked up the FY2016 Commerce-Justice-Science (CJS) funding bill this morning, cutting the $1.244 billion request for commercial crew to $900 million.  Full committee markup is tomorrow.

In a statement, Bolden said the cut would mean continued reliance on Russia to take American astronauts to the International Space Station (ISS) and putting money into Russia's economy instead of our own.  Bolden said:

"I am deeply disappointed that the Senate Appropriations Committee does not fully support NASA's plan to once again launch American astronauts from U.S. soil as soon as possible, and instead favors continuing to write checks to Russia.   Remarkably, the Senate reduces funding for our commercial crew program further than the House already does compared to the President’s Budget.   By gutting this program and turning our backs on U.S. industry, NASA will be forced to continue to rely on Russia to get its astronauts to space – and continue to invest hundreds of millions of dollars into the Russian economy rather than our own.  I support investing in America so that we can once again launch our astronauts on American vehicles.”

Bolden has been stressing the need for full funding of the commercial crew request repeatedly this year.   He warns that without full funding, NASA may have to renegotiate its milestone-based fixed-price contracts with Boeing and SpaceX and delay the ability of the United States to once again launch people into space.   NASA has not been able to launch anyone to space since the space shuttle program was terminated in 2011. 

Bolden points out at every opportunity that if Congress had fully funded the commercial crew program from the beginning, the spacecraft would be flying this year.  Instead, the goal now is 2017.  Sen. Bill Nelson (D-FL) said on the Senate floor today that if the subcommittee recommendation is adopted, it will mean yet another two-year delay.

While many of those in Congress who authorize and appropriate money to NASA agree that America needs its own ability to launch people into space and object to the need to pay Russia for such services, some insist that NASA should support only one company to provide commercial crew services, not two.  NASA insists that it needs at least two competitors for redundancy in case one of the systems has a failure and to keep prices down.

NASA awarded Commercial Crew Transportation Capability (CCtCAP) contracts to Boeing ($4.2 billion) and SpaceX ($2.6 billion) last fall as the last phase of the commercial crew program.

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