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Galloway Symposium Tees Up Space Issues for the 115th Congress

Marcia S. Smith
Posted: 14-Dec-2016 (Updated: 14-Dec-2016 11:23 PM)

The Galloway Space Law Symposium last week focused on two topics likely to be at the top of the list of civil and commercial space issues in the 115th Congress – what the incoming Trump Administration has in mind for NASA and how to ensure that new types of commercial space activities comply with U.S. obligations under the Outer Space Treaty.

The 11th Eilene M. Galloway Symposium on Critical Issues in Space Law, sponsored by the International Institute of Space Law (IISL), took place at the Cosmos Club in Washington, D.C. on December 7.  

Trump and NASA.  Trump’s position on NASA and the space program overall is largely unknown, but the opening keynote speaker, former Congressman Bob Walker, has written and spoken about what it might be.  He is not officially a member of the Trump transition team, but is an adviser to it and a respected voice in Republican space circles.

Walker originally was working for the presidential campaign of Ohio Governor John Kasich, but after Kasich withdrew he was tapped with little notice to write up the broad outlines of a Trump space policy just before the election.  He and Peter Navarro co-authored two op-eds, on civil and national security space respectively, in Space News.  Walker also spoke to a meeting of the FAA’s Commercial Space Transportation Advisory Committee (COMSTAC) in October.

At the Galloway Symposium, he reiterated what he had said in those other forums while stressing that he was not officially speaking for the Trump transition team.  He is proposing a space policy that is –

  • Visionary:  NASA should not focus on a single deep space human destination like Mars, but on human exploration of the entire solar system by the end of the century in order to drive technology development.
  • Disruptive:  move Earth-centric research to other government agencies; turn the ISS over to a quasi-public company and use it as a public research facility with refurbishment done with commercial and international assets. 
  • Coordinating:  reinstate the White House National Space Council to better coordinate U.S. space activities to take advantage not only of U.S. government resources, but those available from commercial and international partners.
  • Resilient:  make national security space assets more resilient by having larger constellations of satellites that are serviced robotically; increase investments in hypersonics.

Based on his interactions with the Trump campaign and transition teams, he said he anticipates a Trump Administration where Vice President Mike Pence essentially serves as Prime Minister while Trump is a “national figure” doing what he believes is necessary to move the country forward.

Just prior to the symposium Trump called for cancellation of Boeing’s contract to build a replacement Air Force One aircraft because it is too expensive.  Asked what that may forebode for another Boeing program, NASA’s Space Launch System, Walker said he viewed Trump’s comments as part of a negotiation – setting the parameters of a new deal to reduce costs.  He urged the audience to remember that Trump is not a politician, but a real estate deal-maker whose premise is that the government needs to do a better job of interacting with the private sector to get what it needs at the best price.

Walker did not speculate on who might be the next NASA Administrator, but firmly asserted that he is not interested in the job.  (He is a very successful lobbyist with the Wexler|Walker firm.)

Commercial Space and the Outer Space Treaty.   The issue that dominated the day was how to ensure U.S. compliance with its obligations under the 1967 United Nations Outer Space Treaty, especially Article VI that requires governments to authorize and continually supervise the activities of non-government entities, like companies.

It is a deeply complex set of arguments that turn as much on domestic law and politics (the relative roles of the Executive and Legislative Branches, and how minimal a minimal set of regulations can be yet still be effective) as on international space law (whether or not the treaty is self-executing, or the definition of “activities”).

The goal of the Obama Administration, Congress and industry is to find a solution that empowers U.S. companies to engage in new types of commercial activities that range from building private space stations to satellite servicing to placing habitats on the Moon to mining asteroids.  That means creating a legal and regulatory environment where the State Department – guardian of U.S. treaty obligations – can say “yes” or “yes, with the following conditions,” rather than “no” to a proposed commercial activity.

Rep. Jim Bridenstine (R-OK) has been a leader in Congress on these issues.   He chairs the Environment Subcommittee of the House Science, Space, and Technology (SS&T) Committee and is a member of the House Armed Services Committee.  In a morning keynote, he recapped his proposed solution – legislation and a minimal set of regulations to provide the certainty companies say they need in order to attract investors.  Later in the day, a panel of three space lawyers debated the issues:   Diane Howard, Assistant Professor, Commercial Space Operations, Embry-Riddle Aeronautical University; Laura Montgomery, recently retired as Manager of the FAA’s Space Law Office and now in private practice; and Matthew Schafer, Director of Space Cyber & Telecom at the University of Nebraska-Lincoln Law School.

Other panels of speakers also addressed aspects of the debate, which is too complex to summarize here (we will post a separate story later).   In a nutshell, earlier this year it appeared that consensus was developing between government and industry to designate FAA’s Office of Commercial Space Transportation (FAA/AST) as the government entity to authorize and continually supervise commercial in-space activities.  That would be an expansion of its current role in granting permits and licenses for launches and reentries.

This fall, however, Rep. Brian Babin (R-TX), chairman of the Space Subcommittee of House SS&T, called for a total regulatory rethink and said he planned to hold hearings next year.  About the same time, Montgomery, an attorney who spent more than 20 years at the FAA working commercial space issues, also came forward with a different interpretation of what is required to comply with the treaty.

All of these ideas were debated at the Galloway Symposium.  There was no resolution and Babin’s hearings, whenever they take place, likely will elucidate where the various parties stand. Some commercial activities, like space mining, may be decades away.  Others, like private space stations or satellite servicing, loom larger, arguing for a near-term decision at least on what government office should be designated as the responsible entity for whatever laws or regulations are to come.

As an example of the gulf between the various points of view, Montgomery said “as a former regulator, I can say that the only thing worse than ambiguity is clarity” because while “you’d think … [with] clarity, you’re going to know exactly what to do, until you find out you don’t want to do the thing they make you do.”   Responding to that comment, Chris Hearsey, Director of Legislative Affairs for Bigelow Aerospace, which wants to build space stations and habitats, said on the next panel that businesses “don’t want ambiguity.”  “I can’t tell Mr. Bigelow how he can plan his missions, I can’t tell him what to tell customers unless we know what the boundaries are for us.”

Root Cause of Progress MS-04 Failure Still a Mystery

Marcia S. Smith
Posted: 11-Dec-2016 (Updated: 11-Dec-2016 09:47 AM)

The launch failure of Russia's Progress MS-04 cargo spacecraft was due to an emergency shutdown of the third stage engine, which occurred at the same time as premature separation between the third stage and the spacecraft according to Russia's Mission Control Center.  Further details were not officially released, but Anatoly Zak, editor of RussianSpaceWeb.com, has gleaned more insight from industry sources.

Progress MS-04, the fourth of this latest version of Russia's venerable robotic space station resupply spacecraft, was lost 382 seconds after launch on December 1, 2016.  Launched by a Soyuz-U rocket, it was carrying 2.6 metric tons of fuel, water, oxygen and other supplies to the International Space Station (ISS).  NASA refers to this as Progress 65 or 65P because it is the 65th Progress mission to the ISS, but Progress has been in use since 1978 when it debuted as a resupply vehicle for the Soviet Union's Salyut 6 space station.  It continued in use for the Soviet Salyut 7 and Mir space stations and now in the ISS era.

Russia's news agency TASS reported on December 7 that the Mission Control Center issued a statement that Progress MS-04 did not reach orbit "due to the emergency shutdown" of the third stage engine.  Russia's space state corporation Roscosmos has not issued any statements about the failure since December 6 when it said search teams had arrived in the Tuva Republic in Siberia to look for debris.

Zak reports that postings on the Russian online forum Novosti Kosmonavtiki (Space News) by Russian space industry sources reveal more about what they know of the last moments of flight.   Briefly, the third stage and the spacecraft separated, for unknown reasons, 140 seconds prematurely.  The spacecraft interpreted the separation as the normal event that would occur once it was in orbit and began deploying its antennas and preparing its attitude control thrusters.  The third stage was still firing and bumped into the spacecraft, sending it tumbling and leading to catastrophic failure of both.  Zak provides many more details and some of the speculation as to possible causes.

The bottom line, however, is that they still do not know why the third stage and the spacecraft separated early.

Russia launches four or five Progress spacecraft to the ISS each year.  The U.S. SpaceX Dragon and Orbital ATK Cygnus spacecraft, as well as Japan's HTV, also resupply the station.  The most recent HTV, HTV6 (or Kounotori 6), was launched on Friday morning and will dock with ISS on Tuesday, so the six-person ISS crew is well supplied.  One of the main functions of Progress MS-04, however, was to refuel the space station's engines that are used to periodically raise its orbit.  Only Progress can perform that task.

What's Happening in Space Policy December 11-31, 2016

Marcia S. Smith
Posted: 11-Dec-2016 (Updated: 11-Dec-2016 12:22 AM)

Here is our list of space policy events for December 11-31, 2016 and any insight we can offer about them.  The House and Senate are in recess for the rest of the year.

During the Weeks

Congress has completed its legislative business for the year.  Officially the 114th Congress ends at noon on January 3, 2017 when the 115th Congress begins, but no more legislative activity is scheduled between now and then.

With the holidays looming, few other space policy events are scheduled for the rest of the year, so this edition of “What’s Happening” covers through the end of 2016.

This coming week still has a few important events, most notably, perhaps, the annual American Geophysical Union (AGU) fall meeting in San Francisco.   It begins on Monday, but today (Sunday), an associated public lecture is scheduled (it will be livestreamed) about how Mars landing sites are selected.  In this case, it is the Mars 2020 landing site.  The lecture is at noon Pacific Time (3:00 pm ET) and features a NASA astrobiologist (Michael Meyer), a CalTech geologist (Bethany Ehlmann), and a high school student (Alex Longo).

AGU will livestream 75 of its more than 1800 scientific sessions during the week-long meeting and NASA TV will broadcast several press conferences and other events in which the agency is engaged.  Unfortunately, Tuesday’s Town Hall meeting on the status of the National Academies’ Decadal Survey on Earth Science and Applications from Space (ESAS) isn’t on either list.

Speaking of Earth science, on Monday morning, weather permitting (and the forecast isn’t very good), NASA will launch a constellation of eight microsatellites using Orbital ATK’s air-launched Pegasus rocket.  The Cyclone Global Navigation Satellite System (CYGNSS) will measure ocean surface winds in and near the eyes of hurricanes to improve hurricane intensity forecasts.  NASA TV will cover the launch.

The Committee on Biological and Physical Sciences in Space of the National Academies of Sciences, Engineering and Medicine will meet Tuesday-Wednesday at the Academies’ Beckman Center in Irvine, CA.  Sessions on the first day are closed, but almost all day on Wednesday is open and will be available by WebEx.

On a completely different topic, the Missile Defense Advocacy Alliance will hold a briefing on Capitol Hill on developing a space-based sensor layer for missile defense on Wednesday. Maj. Gen. Roger Teague, Director of Space Programs for the Air Force Acquisitions Office, and Richard Matlock, Program Executive for Advanced Technology at the Missile Defense Agency, are the speakers.

After that, the calendar is empty till the New Year begins.  Unless some new events emerge, we will not publish a “What’s Happening” article until January 1.  We wish all of you a happy and restful holiday season.  (And we’ll still be here posting news stories as needed.)

The events we know about through December 31 are shown below.  Check back throughout the weeks for additional meetings we learn about later and post to our Events of Interest list.

Sunday, December 11

Monday, December 12

Monday-Friday, December 12-16

  • AGU Fall Meeting, Moscone Center, San Francisco (some sessions and press conferences will be livestreamed by AGU or NASA)

Tuesday, December 13

Tuesday-Wednesday, December 13-14

Wednesday, December 14

Senate Passes NASA Authorization at Last Minute, Too Late for House Action This Year

Marcia S. Smith
Posted: 10-Dec-2016 (Updated: 10-Dec-2016 02:37 PM)

The Senate completed its legislative business for the 114th Congress in the early hours this morning.   In its last legislative day, it passed dozens of bills by unanimous consent, including the NASA Transition Authorization Act.  The House already has left, so it is too late for the bill to be finalized this year, but it could serve as the basis for a new bill in the next Congress.  A link to the text of the bill as passed is available below.

The most recent NASA authorization act was enacted in 2010.  It recommended funding levels only through FY2013, but the policy provisions remain in force until or unless changed by future legislation.  The House passed a bill in 2014, but the Senate did not take it up.  In February 2015, the House passed another bill (H.R. 810), very similar to the one passed in 2014.  In April 2015, the House Science, Space, and Technology (SS&T) Committee approved a new bill, H.R. 2039, for FY2016-2017, but on a strictly party-line vote primarily because it included deep cuts to NASA's Earth science program.  The bill never advanced out of committee.

In September 2016, the Senate Commerce, Science, and Transportation Committee approved its own bill, S. 3346.  Since that time, the House and Senate have been negotiating a final bill that blends the Senate committee's bill, H.R. 810, and H.R. 2039.

The fruit of that negotiation is the version of S. 3346 that passed the Senate overnight.

The House and Senate have gone home for the year. In the past, Congress would adjourn "sine die" -- "without a day" for returning. That signaled the end of a Congress (which lasts two years, divided into two sessions) and everyone would go home.  However, under the Constitution, the President may appoint people to government positions that require Senate confirmation without such action if the Senate is in recess for three days or more ("recess appointments").  To avoid that, in recent years the Senate (and often the House) has scheduled "pro forma" sessions at three-day intervals whenever it takes a break where one Senator arrives at the chamber and gavels it in and out of session so it is not in recess for more than 3 days. Under the Constitution (Amendment XX), Congress must meet at noon on January 3 each year.  Strictly speaking the 114th Congress, 2nd session ends at 11:59 am ET on January 3 and the 115th Congress, 1st session, begins at 12:00 pm ET on January 3.  The Senate has pro forma sessions scheduled between now and January 3 so recess appointments are not possible, but no legislative business takes place during such sessions.  

Legislation that does not pass in a Congress dies and the effort must begin again in the next Congress.  Bills like this may serve as the basis for new legislation, however, so although there will be no further action in the 114th Congress, its text may remain relevant. 

Congress also did not pass the Commerce-Justice-Science (CJS) appropriations bills that fund NASA.  They were approved by the House and Senate Appropriations Committees, but were not passed by either chamber.  NASA is operating under a Continuing Resolution that passed the Senate just before midnight that lasts through April 28, 2017. 

Most of the key congressional players for NASA will still be in their positions when the 115th Congress convenes on January 3.  Three exceptions are Rep. Donna Edwards (D-Maryland), the top Democrat on the House SS&T's Space Subcommittee, who ran for Senate and lost; Rep. Mike  Honda (D-California), top Democrat on the House CJS appropriations subcommittee, who lost his reelection bid; and Sen. Barbara Mikulski (D-Maryland), top Democrat on the full Senate Appropriations Committee as well as its CJS subcommittee, who retired.

The hope was to get a new NASA authorization bill passed before a new President took office to codify congressional direction before any changes were made.   Theoretically, that could still happen.  Donald Trump will not become President until January 20, and the House and Senate will be back in session for legislative business beginning January 3.  The text of this bill could be introduced as new legislation and passed in the first weeks of the new Congress.  Anything can happen.  Thus, it is summarized below even though officially it is dead now.

In brief, the 139-page Senate-passed bill does the following:

  • Funding: authorizes $19.508 billion for NASA for FY2017 (future years are not addressed).  That is the same amount as approved by the House Appropriations Committee in the FY2017 CJS bill, and $202 million more than what the Senate Appropriations Committee approved ($19.306 billion).  Authorization bills do not actually provide any money. Only appropriations bills do that, although authorization bills provide guidance to appropriators on how the committees that oversee an agency, like NASA, think the money should be spent.  In this case, the authorization bill allocates the money differently than either appropriations bill.
  • International Space Station (ISS):  offers a sense of Congress that ISS should continue at least until 2024, with an evaluation of extending it to 2028. Amends the 2010 NASA authorization act to direct that NASA may not acquire human spaceflight transportation services to and from ISS from a foreign entity unless certain conditions exist. Requires that commercial crew systems meet NASA human rating requirements. States that it is U.S. policy for NASA to procure commercial cargo services through fair and open competition in compliance with Federal Acquisition Regulations. Offers a sense of Congress that an orderly transition is needed to a future where NASA no longer is the primary supplier and consumer of low Earth orbit (LEO) human spaceflight capabilities and requires biennial reports from NASA on how to achieve that transition.
  • Space Communications: requires a plan on how to meet NASA's LEO and deep space communications and navigation needs for the next 20 years.
  • Indemnification of NASA Launch and Reentry Services:  states that the United States will indemnify launch and reentry service providers from third-party claims, with conditions, for launches that are unusually hazardous or nuclear in nature.
  • Human Deep Space Exploration: amends the 2010 NASA authorization act to state, among other things, that a key objective is to achieve human exploration of "Mars and beyond" through a steppingstone approach. Directs the NASA Administrator to manage programs, including the Space Launch System (SLS) and Orion, to enable humans to explore "Mars and other destinations" by defining "a series of sustainable steps and conducting planning, research, and technology development on a timetable that is technically and fiscally possible" and the sustainable steps may include intermediate destinations such as the "surface of the Moon, cis-lunar space, near-Earth asteroids, Lagrangian points, and Martian moons." Directs the NASA Administrator to engage with international, academic and industry partners to maximize cost-effectiveness. States that the President may invite ISS partners "and other nations, as appropriate" to participate in a human mission to the surface of Mars "under the leadership of the United States."
  • SLS/Orion:  reaffirms congressional support for these programs and directs the NASA Administrator to develop an SLS upper stage to enable human exploration of deep space.  Directs NASA to conduct the uncrewed Exploration Mission-1 (EM-1) launch by 2018 and crewed EM-2 by 2021 "subject to applicable human rating processes and requirements"; to conduct future missions at a rate to ensure safety and operational readiness (and assess other uses for SLS); and to develop a habitat as a key element of the deep space human exploration program.
  • Human Exploration Roadmap:  requires NASA to submit a human exploration roadmap, with extensive language about what it must include, beginning December 1, 2017 with biennial updates.
  • Advanced Space Suits:  requires the NASA Administrator to submit a plan for achieving a new space suit capability for future deep space missions that might also be used on ISS.
  • Asteroid Redirect Robotic Mission (ARRM): requires an evaluation of alternatives to ARRM for demonstrating technologies and capabilities needed for the Journey to Mars.
  • Mars 2033:  requires a study by an independent, non-governmental systems engineering and technical assistance organization to study a human mission to Mars to be launched in 2033 (it does not specify whether it is to orbit or land).
  • Health Care for Former Astronauts:  incorporates the TREAT Act (H.R. 6076), which passed the House (amended) on Wednesday.  The current language is similar to what was in the Senate Commerce Committee version of the bill allowing NASA to provide health care to former astronauts and government payload specialists for conditions resulting from their spaceflights.
  • Science: reaffirms congressional intent that NASA have a balanced and adequately funded science portfolio including small, medium and large space missions, suborbital missions, research and analysis grants, and technology development, with science priorities guided by Decadal Surveys from the National Academies of Sciences, Engineering and Medicine.  Expresses support specifically for planetary science, especially the Mars 2020 rover and a mission to Europa; the James Webb Space Telescope; and the Wide-Field Infrared Survey Telescope.  Amends the list of U.S. objectives for aeronautical and space activities (51 U.S.C. 20102(d)) to add a 10th item -- "the search for life's origins, evolution, distribution, and future in the universe."  Directs the NASA Administrator to contract with the National Academies to develop a science strategy for the study and exploration of exoplanets, to develop a science strategy for astrobiology, and make an assessment of the architecture of the robotic Mars exploration program.  Requires the Administrator to submit reports on how to utilize public private partnerships to study astrobiology and Near Earth Objects (NEOs). Requires the Director of the White House Office of Science and Technology Policy (OSTP) and the NASA Administrator to submit reports on carrying out a NEO survey program, an analysis of options to divert an object on a collision course with Earth, and a description of efforts to coordinate and cooperate with other countries on discovering and mitigating hazardous asteroids and comets.  Allows NASA to conduct its senior reviews of science mission extensions on a triennial (rather than biennial) basis.  Prohibits NASA from terminating the SOFIA program. Directs OSTP to conduct an analysis of needs for radioisotope power system material for solar system exploration missions.  (The bill does not mention Earth science.)
  • Aeronautics:  expresses support for a robust aeronautics program.  Requires the NASA Administrator to submit roadmaps for research and development of hypersonic and supersonic aircraft and rotorcraft and other runway-independent air vehicles.
  • Space Technology:  establishes as policy that NASA shall develop technologies to support NASA's core missions.  Sets as a goal development of propulsion technologies to shorten the human travel time to Mars.  Requires a report from NASA comparing the agency's space technology investments to the high priority areas identified by the National Academies report on NASA's Space Technology Roadmaps.

The bill also has extensive language on "maximizing efficiency" at NASA that includes a host of issues too numerous to summarize here.  Among them are direction regarding NASA's information technology and cybersecurity activities and the leveraging of commercial satellite servicing capabilities across mission directorates, and requirements for an OSTP report on issues relating to protecting the Apollo landing sites on the Moon, a National Academy of Public Administration review of the effectiveness of the NASA Advisory Council, and a NASA report on concepts and options for removing orbital debris.  The bill also extends by one year NASA's Extended Use Leasing (EUL) authority (51 U.S.C. 20145(g)), which currently sunsets on December 31, 2017.

 

 

 

Senate Passes CR, No Government Shutdown

Marcia S. Smith
Posted: 09-Dec-2016 (Updated: 09-Dec-2016 11:35 PM)

The Senate just passed the second FY2017 continuing resolution that will keep the government funded through April 28, 2017.  Thus there will be no government shutdown.

The House passed the CR yesterday, but the Senate vote was up in the air because two Democratic Senators wanted a longer-term guarantee of health care benefits for retired coal miners.

After intense negotiations, enough votes were secured to move forward with a vote on the measure, which ultimately passed 63-36.

DOD, NASA and NOAA will be funded at their current FY2016 levels during this period, although there are a number of exceptions ("anomalies') for each of those agencies.  NASA and NOAA, for example, are able to spend money to ensure that the launch dates for NASA's Exploration Mission-1 (EM-1) and NOAA's first Joint Polar Satellite System weather satellite (JPSS-1) are not delayed.

The Senate is now turning to another bill, the Water Resources Development Act, which is highly contentious because of a provision added in the House, but once a vote is taken, the Senate is expected to end its business for the year, and for this Congress.

Lightfoot: No Negative Impact for NASA From New CR

Marcia S. Smith
Posted: 09-Dec-2016 (Updated: 09-Dec-2016 06:37 PM)

NASA Associate Administrator Robert Lightfoot said today that the agency does not expect any negative impact from the second FY2017 Continuing Resolution (CR), which will last through April 28, 2017. The bill has not yet cleared the Senate, but even if Senate Democrats succeed in delaying a vote until Sunday, the NASA provisions will not change.

NASA and most other government agencies are currently funded through a CR that expires at midnight tonight.  A second CR -- the Further Continuing and Security Assistance Appropriations Act, 2017 (H.R. 2028, as amended) -- passed the House yesterday.  It contains a provision extending health benefits for retired coal miners for four months, but two Senate Democrats from coal mining states, Joe Manchin (West Virginia) and Sherrod Brown (Ohio) are fighting to extend that for a year. They are bringing attention to the issue by vowing to delay -- but not block -- Senate passage of the CR through procedural moves.  Negotiations are ongoing and hope remains that a deal can be struck before midnight to avoid a partial government shutdown tomorrow and Sunday.  The procedural delays end on Sunday, so if the CR does not pass earlier, it will pass then.

CRs generally fund agencies at their existing levels and programs cannot be initiated or terminated.  However, exceptions can be made.  Called "anomalies," they permit agencies to spend money in order to achieve a special objective.

This CR grants NASA an anomaly whereby it may spend money on its deep space human exploration program -- Space Launch System, Orion, and Exploration Ground Systems -- at a rate to ensure that the launch date for Exploration Mission-1 (EM-1) does not slip.  NASA plans to launch EM-1 no later than November 2018.  It is an uncrewed test of SLS, Orion and their associated ground systems.

Lightfoot said at a Space Transportation Association (STA) luncheon today on Capitol Hill that NASA looked at its budget needs in detail and determined that no other program would be impacted by the extension of current funding through the end of April.  It will have to reassess the situation if a FY2017 appropriations bill is not passed by that time and a third CR is under consideration.

NASA's FY2016 budget was $19.285 billion, so that is roughly how much is available under the CR.  President Obama requested $18.262 billion in appropriated funds for the agency in FY2017, but Congress was poised to increase that to $19.306 billion or $19.508 billion in the Senate and House versions, respectively, of the Commerce-Justice-Science (CJS) appropriations bill.  The funds were allocated differently than in FY2016, however.  Some programs, like commercial crew, have passed their peak spending years and were slated to go down, while others need to ramp up.

The CJS bills did not pass, however, and at the end of a Congress, all pending legislation dies.  The process must begin again when the next Congress convenes. The 115th Congress will convene on January 3.  There is no indication as to when the new Trump Administration will submit a FY2018 budget request and Congress will have until April 28 to complete action on FY2017 appropriations bills -- or pass yet another CR.

Lightfoot noted that Chris Shank, who is leading the incoming Trump Administration's NASA "landing party," had arrived at NASA on Monday and additional members would be named imminently.  (Shank was in the room, actually, and said their names had just been made public.)  Shank was a high ranking NASA official during Mike Griffin's tenure at NASA (2005-2009) so is very familiar with the agency's programs and operations and has been serving as a staff member of the House Science, Space, and Technology Committee, which oversees NASA, for the past several years.  Many of the new landing party members also have extensive prior experience at the agency.

NASA Administrator Charlie Bolden and Deputy Administrator Dava Newman are political appointees and must tender their resignations when Trump takes office on January 20.  Lightfoot is the top ranking civil servant in NASA.  Typically, the person in that position serves as acting administrator until a new administrator is confirmed by the Senate, but whether the Trump team will follow that tradition is unknown.

 

 

Trump Transition Team Adds Six More Members to NASA Landing Party - UPDATE

Marcia S. Smith
Posted: 09-Dec-2016 (Updated: 10-Dec-2016 08:38 AM)

The President-Elect Transition Team (PETT) announced six more members of the NASA "landing party" today.  They will join Chris Shank, who arrived at NASA on Monday to begin assessing the status of NASA programs and operations in order to advise the incoming President on what issues require immediate attention.

The six new members are:

Greg Autry, University of Southern California.  Autry is an Assistant Professor of Clinical Entrepreneurship who "researches the role of the government in shaping the environment in which new industries and organizations emerge" according to the university's website, which adds that he is a "serial entrepreneur in video games, computer services, Internet content, enterprise applications, health care IT and material upcycling."


Greg Autry.  Photo credit:  USC website.

Jack Burns, University of Colorado.  Burns is a Professor in the Department of Astrophysical and Planetary Sciences at the University of Colorado-Boulder and director of the Lunar University Network for Astrophysics Research (LUNAR), a $6.5 million center of excellence funded by the NASA Lunar Science Institute.  He also is Vice President of the American Astronomical Society and previously chaired the Science Committee of the NASA Advisory Council (NAC).


Jack Burns (with the Moon in the background).  Photo Credit:  CU-Boulder website.

Steve Cook, Dynetics.   Cook is Acting President of Dynetics Technical Services and Vice President, Corporate Development at Dynetics.  He joined Dynetics in 2009 after almost 20 years at NASA where, from 2005-2009, he was Manager of the Ares Projects to build the Ares I and Ares V rockets for the Bush Administration's Constellation Moon/Mars program.


Steve Cook.  Photo credit:  Cook's LinkedIn page.

Rodney Liesveld, NASA (retired).  Liesveld is a former senior policy advisor in the NASA Administrator's office for both Mike Griffin and Charlie Bolden.  Before joining NASA in 2004, he was Senior Manager, Space Systems, at TASC for three years following a long career in ballistic missile defense and national security space, including Deputy Director, Space & Nuclear Deterrence for the Air Force.  He retired from NASA in October 2016.


Rod Liesveld.  Photo credit:  Liesveld's LinkedIn page.

Sandra Magnus, American Institute of Aeronautics and Astronautics (AIAA).  Magnus is Executive Director of AIAA and a former astronaut who flew on two space shuttle missions STS-122 and STS-135 (the final shuttle mission) as well as on STS-125 and STS-119 on the way up to and back from a four-and-half-month stay on the International Space Station (Expedition 18).  Before joining NASA, she was an engineer at McDonnell Douglas.


Sandy Magnus.  Photo credit:  AIAA website.

Jeff Waksman, former research fellow for Rep. David Schweickert, R-Arizona.  Waksman performed his doctoral research on the Madison Symmetric Torus at the University of Wisconsin-Madison and then worked at IBM's Thomas Watson Lab for two-and-a-half years before joining Rep. Schweickert's staff in August 2016.


Jeff Waksman.  Photo credit:  Waksman's LinkedIn page.

 

Note:  This article was updated with the information about and photo of Mr. Liesveld.

DOD IG Exonerates DOD in Assertions Made by Former ULA Official

Marcia S. Smith
Posted: 08-Dec-2016 (Updated: 09-Dec-2016 12:54 AM)

The Department of Defense (DOD) Inspector General (IG) issued his report on the investigation into assertions by a former United Launch Alliance (ULA) executive that, among other things, implied that DOD had tried to slant an acquisition towards ULA.  The IG concluded there was no wrong doing on the part of DOD. 

The IG is appointed by the President of the United States with the advice and consent of the Senate in accordance with the Inspector General Act of 1978.  Glenn Fine is DOD's Acting IG.

In March 2016, Brett Tobey, then ULA's Engineering Vice President, spoke to a group of students at the University of Colorado-Boulder.  He made a number of frank statements about ULA's competition with SpaceX and the competition between Blue Origin and Aerojet Rocketdyne on building an engine for ULA's new Vulcan rocket.  ULA President Tory Bruno disavowed the statements and Tobey resigned. 

Sen. John McCain (R-AZ), however, demanded an investigation into whether Tobey's statements had substance.

One statement in particular that raised eyebrows was that the Air Force had tilted a launch service solicitation in ULA's direction and was upset that ULA subsequently decided not to bid on that contract (for a GPS III launch).   The implication was that the government acquisition process was not being followed appropriately.  Other statements concerned the long-running debate over how many Russian RD-180 engines ULA would be allowed to obtain for its Atlas V rockets, a topic on which McCain had strong views.  (It since has been resolved.)

In its December 8 report, the DOD IG concluded there was no wrongdoing on the part of DOD. 

It investigated four of Tobey's assertions:

  • that McCain had said ULA was "hiding five RD-180s" to transfer them from national security space (NSS) to commercial launches to influence legislation;
  • that DOD gave an unfair advantage to ULA in awarding launch service contracts;
  • that the Under Secretary of Defense for Acquisition, Technology and Logistics (USA/ATL), and the Chief Executive Officer (CEO) of Lockheed Martin, had a conversation on how to "silence" McCain on the RD-180 issue; and
  • that DOD was "unhappy" that ULA did not bid on the GPS III launch because it had given ULA an advantage over other contractors.

The IG noted that Tobey "recanted" these assertions during its investigation and "characterized [them] as postulation."   It quotes Tobey as saying "The tone of my presentation was that of more of an op-ed than even a rational argument or article" and that because it was a student audience, he decided to provide "drama" and "got into an excessively casual tone of discussion with them."  He did not know his remarks were being recorded and would "go viral" and be "quoted in sound bites that make them very damaging to ULA.  And for that, I'm very sorry."

After a 7-month investigation, the IG said it found no evidence that ULA improperly transferred rocket engines from NSS to commercial launches, that DOD gave an unfair advantage to ULA over competitors, or that the USD/ATL and the Lockheed Martin CEO had a conversation about silencing McCain.  It also found that DOD awarded contracts to ULA "in accordance with DoD and Federal regulations."

Appropriations Coming Down to the Wire -- Will There Be a Shutdown Tomorrow?

Marcia S. Smith
Posted: 08-Dec-2016 (Updated: 08-Dec-2016 11:57 PM)

The House today passed the new FY2017 Continuing Resolution (CR) to keep the government operating through April 28, 2017, but Senate Democrats are threatening to delay -- but not block - a vote in the Senate.  If the bill is not cleared by Congress and signed by the President before midnight tomorrow, December 9, some parts of the government will have to shut down.

Only one of the 12 regular FY2017 appropriations bills has been signed into law -- the Military Construction-Veterans Affairs (MilCon-VA) bill.   Funding for all other government operations that are part of discretionary spending -- from DOD to NASA to NOAA to a who's who of other agencies -- ends at midnight tomorrow.   The new CR, H.R. 2028, Further Continuing and Security Assistance Appropriations, as amended, passed the House 326-96 this afternoon.

With the clock running out, expectations initially were that the Senate would approve it even if there were concerns about its provisions and the process itself.  Under Senate procedures, there first must be a vote to allow debate to occur (a cloture vote) after which 30 hours of debate are allowed.  That period can be shortened by unanimous consent.

However, Senate Democrats indicated today that they plan to prevent the abbreviated post-cloture debate by objecting to the unanimous consent request.  They are demanding an extension of health care benefits for coal miners that otherwise will expire in January.  The protest is led by Sen. Joe Manchin (D-WV) and Sherrod Brown (D-OH). 

H.R. 2028, as passed by the House, includes a four-month extension of the benefits, but Manchin and Brown want a year-long extension.  Though narrowly framed, the debate is more broadly over whether President-elect Donald Trump will honor promises to coal miners during his campaign and how Democrats can exert their influence following the election results.

If Democrats hold to their position, the cloture vote would take place on Saturday, and a vote on the bill itself on Sunday.  Assuming it passes, that means a partial shutdown of the government would last for two days or less.

The new CR funds most government discretionary activities at their FY2016 levels until the end of April, although exceptions are made for NASA's deep space human exploration program (Space Launch System, Exploration Ground Systems, and Orion) and NOAA's Joint Polar Satellite System (JPSS) weather satellites.  In both cases, funds may be spent to ensure that the launch dates for Exploration Mission-1 (EM-1) and JPSS-1 do not slip.  H.R. 2028, as amended, also provides NASA with $74.7 million to repair damage from Hurricane Matthew.

Marine, Astronaut, Senator John Glenn Passes Away at 95

Marcia S. Smith
Posted: 08-Dec-2016 (Updated: 08-Dec-2016 11:09 PM)

Tributes from around the world are pouring in for John Glenn, the first American to orbit the Earth, who died today at 95.  He is the last of the original "Mercury 7" astronauts to pass away -- the end of an era.  A Marine, a NASA astronaut, and a four-term U.S. Senator, Glenn is being praised as a quintessential America hero and icon.

Glenn's service to the country began as a Marine pilot in World War II and the Korean War.  When the United States began its human spaceflight program, he was one of the "original seven" astronauts chosen for the Mercury program in 1959.  Following two suborbital Mercury flights -- Alan Shepard in April 1961 and Virgil "Gus" Grissom in July 1961 -- Glenn became the first American to orbit the Earth on February 20, 1962.   His four-orbit flight was fraught with problems, notably when a sensor indicated that his Friendship 7 spacecraft's heatshield was loose and might not protect him during the heat of reentry.  The sensor was faulty, not the heatshield, and Glenn safely splashed down after 4 hours and 55 minutes in space.


John Glenn, in weightlessness aboard Friendship 7.  Photo credit:  NASA

Glenn's career then turned to politics and he was elected to the U.S. Senate in 1974, a position he held until January 1999.  As his Senate career was coming to a close, NASA agreed to fly him into space a second time on a space shuttle mission, STS-95, ostensibly to test how spaceflight conditions affect older individuals.  Launched on October 29, 1998, Glenn set a record for the oldest human to fly into space at the age of 77.  He was in space for 8 days 22 hours on that flight.

As he was about to launch on his 1962 mission, fellow astronaut Scott Carpenter, serving as capsule communicator (CAPCOM), famously said "Godspeed, John Glenn."  That phrase was repeated many times today.

Glenn's death follows that of his six fellow Mercury 7 astronauts:  Carpenter, Gordon Cooper, Grissom, Walter (Wally) Schirra, Alan Shepherd, and Donald (Deke) Slayton.

President Obama said "The last of America's first astronauts has left us, but propelled by their example we know that our future here on Earth compels us to keep reaching for the heavens.  On behalf of a grateful nation, Godspeed, John Glenn."


John Glenn receiving the Presidential Medal of Freedom from President Barack Obama in 2012.  Photo credit: NASA

Many others are paying tribute to Glenn today, including Senator Bill Nelson (D-FL), who, himself, flew on a space shuttle mission while he was a member of the House of Representatives in 1986.   He called Glenn "a first class gentleman and an unabashed patriot."

NASA Administrator Charlie Bolden (Maj. Gen. USMC, Ret.), said the "entire NASA Family will be forever grateful for his outstanding service, commitment and friendship. Personally, I shall miss him greatly.  As a fellow Marine and aviator, he was a mentor, role model, and most importantly, a dear friend."

Glenn was the first American to orbit the Earth, but the first human to orbit the Earth was the Soviet Union's Yuri Gagarin, who made one orbit on April 12, 1961.

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