House appropriators propose $16.6 billion for NASA

The House Appropriations Committee released Tuesday night its proposed Commerce, Justice, and Science (CJS) appropriations bill, scheduled to be marked up by the CJS subcommittee Wednesday morning. The bill offers just under $16.6 billion overall for NASA, compared to $17.7 billion in the administration’s fiscal year 2014 budget request. A comparison of the House bill and the administration’s proposal (all amounts below in millions of dollars):

Account White House House CJS draft Difference
Science $5,017.8 $4,781.0 -$236.8
Space Technology $742.6 $576.0 -$166.6
Aeronautics $565.7 $566.0 $0.3
Exploration Systems $3,915.5 $3,612.0 -$303.5
Space Operations $3,882.9 $3,670.0 -$212.9
Education $94.2 $122.0 $27.8
Cross Agency Support $2,850.3 $2,711.0 -$139.3
Construction $609.4 $525.0 -$84.4
Inspector General $37.0 $35.3 -$1.7
Total $17,715.4 $16,598.3 -$1,117.1

The bill doesn’t provide breakdowns for spending within the accounts (i.e., for astronomy, planetary science, etc. in science), which are usually specified in the report accompanying the bill. The bill, though, does mention that $1.05 billion of the Exploration account should be spent on Orion and $1.775 billion should be spent on SLS (specifying a 130-metric-ton payload capacity for the launch vehicle), leaving $787 million for commercial crew development and exploration R&D. (The administration, by contrast, requested $821 million for commercial crew alone.) In the science account, the bill specifies that $80 million will be set aside for “pre-formulation and/or formulation activities” for a Europa mission, similar to what was set aside in the 2013 appropriations bill for that effort.

Edwards introduces alternative NASA authorization bill

Rep. Donna Edwards (D-MD), ranking member of the space subcommittee of the House Science Committee, announced Monday that she is introducing an alternative version of a NASA authorization bill that would approve additional funding for the space agency while giving it the goal of sending humans to Mars by 2030.

The text of the legislation, HR 2616, wasn’t immediately available, but a statement released by the Democratic leadership of the House Science Committee on Monday evening (and now available online) provided the general outlines of the bill. The bill would authorize $18.1 billion for NASA in fiscal year 2014, growing to $18.87 bilion in FY2016. By contrast, the draft authorization bill proposed by the Republican leadership of the House Science Committee would authorize $16.865 billion for NASA in FY14 and FY15 (the Republican bill is a two-year authorization, while Edwards’s version is a three-year authorization.) The Democratic bill would also give NASA the “clear goal of a crewed mission to the surface of Mars and requiring a roadmap that identifies intermediate destinations and activities which contribute to enabling achievement of that goal.”

The announcement of the bill came after Edwards spoke at the Center for Strategic and International Studies (CSIS) in Washington on Monday morning. “There’s a growing consensus among the scientific community that that next great frontier really is Mars, and I agree,” she said. “In order to accomplish this challenging and pioneering endeavor, we have to declare as a nation that a manned mission to Mars is a priority and a program of national significance.”

The press release about the bill didn’t specify a timeline for such a goal, but Edwards indicated she wanted to send humans to Mars by 2030, a more aggressive schedule than what President Obama proposed in his April 2010 speech at the Kennedy Space Center. “If we commit today to reach Mars by 2030, we’ll have more than a 15-year funding profile for planning and development to meet the challenges of accomplishing a complex mission,” she said.

While the topline authorized spending level and the emphasis on an accelerated human Mars exploration program are key differences in the Democratic bill, other elements of Edwards’s legislation appear similar to the Republican bill. Her bill would authorize $1.5 billion for planetary science, as the Republican bill does, up from the approximately $1.2 billion requested by the administration. The press release doesn’t specify Earth science spending levels, although those are likely to be higher in the Democratic version given the opposition previously expressed by Edwards and others about the cuts in the Republican version.

The Democratic bill also would authorize $700 million for commercial crew development, the same as the Republican bill, but less than the approximately $820 million requested by NASA. Edwards said at CSIS that her views on commercial spaceflight have “evolved” in the last couple of years. “I was not a believer, at first, in the role of commercial companies in commercializing space transportation,” she said. “I’ve actually been quite pleased with the progress that’s been made thus far and really look forward to the future.”

Edwards’s bill has 11 co-sponsors, all fellow Democratic members of the House Science Committee, including Rep. Eddie Bernice Johnson (D-TX), ranking member of the full committee. However, with no Republicans on board, it seems unlikely this bill would make it out of committee, if it came down to a party-line vote on it versus the proposed Republican bill. Edwards said she’s discussed some of the issued raised in her bill with Republican colleagues “and this will be a work in progress.”

The bill could have a greater influence, though, on the version of a NASA authorization bill that comes out of the Democratic-led Senate. “We have had a discussion with the Senate” about the bill, she said after her CSIS talk. “We’ve actually looked at least at some of the outlines of what the Senate is shooting for. There’s some similarities.”

House committees to take up NASA authorization, appropriations bills this week

Wednesday will be a big day for NASA in the House, and two key subcommittees markup legislation to both authorize and fund the space agency. At 10 am Wednesday, the space subcommittee of the House Science Committee will hold a hearing to markup the NASA Authorization Act of 2013. It’s not clear if this “committee print” of the authorization legislation differs in any significant way from the “discussion draft” that was the subject of a hearing last month; the link to the legislation in the hearing announcement goes to that original draft. Meanwhile, at 11 am Wednesday, the Commerce, Justice, and Science subcommittee of the House Appropriations Committee will markup its appropriations bill for fiscal year 2014, which includes NASA as well as NOAA.

The corresponding committees in the Senate don’t have hearings scheduled on similar authorization or appropriations bills this coming week, although they may act soon thereafter. At a Space Transportation Association luncheon last month, Sen. Bill Nelson (D-FL), chairman of the space subcommittee of the Senate Commerce Committee, said he expected a Senate version of a NASA authorization bill by mid-July in order to support work on an appropriations bill.

What NASA wants in an authorization bill

With the House considering a draft authorization bill that contains provisions the space agency and the White House are unlikely to agree with, NASA is offering some helpful suggestions to those working on a Senate version of such legislation. Space News reports NASA provided Senate staffers with a 35-page “legislative proposal” that features a number of provisions the agency is hoping the Senate will include in its bill, expected to be introduced later this month.

None of the items in that proposal highlighted in the report is particularly major or surprising. One would put NASA on equal footing with the Defense Department in its ability to accept funds from commercial providers to pay for spaceport infrastructure maintenance and upgrades; the fiscal year 2013 defense authorization bill included similar language for the Defense Department, a provision backed by Rep. Bill Posey (R-FL), whose district includes Cape Canaveral. Other provisions in the NASA proposal would treat as confidential technical details of spaceflight mishap investigations and would make NASA contractors more responsible in ensuring they do not use counterfeit parts.

Whether there will be an authorization bill signed into law, though, is another issue. If the Senate version is significantly different than the draft discussed at last month’s House Science Committee hearing—and Sen. Bill Nelson (D-FL) suggested recently it would be quite different, at least in terms of authorized funding levels—then reconciling the two may be impossible.

Differences in FAA/AST funding presage NASA funding battle

The Senate Appropriations Committee passed a pair of fiscal year 2014 appropriations bills on Thursday, including one that funds the FAA. The Senate bill includes $17.011 million for the FAA’s Office of Commercial Space Transportation. That’s significantly more than what the House’s version of the same appropriations bill provided for the office: $14.16 million, a level below 2012 and 2013 and low enough to raise concerns by some in the industry. (Funding for AST is within FAA’s Operations budget, which also gets more overall in the Senate version, although the difference isn’t as large in percentage terms: $9.71 billion versus $9.52 billion in the House.)

Neither House nor Senate appropriators have gotten to their Commerce, Justice, and Science (CJS) appropriations bills, which fund NASA (and NOAA), but are expected to do so some time in July. The gaps between the House and Senate bills for FAA suggest that we may see similar gaps between the House and Senate CJS bills, including for NASA. Bill Nelson, for example, has suggested that the $16.8 billion in fiscal year 2014 in a draft NASA authorization bill is far too low, and indicated that not only would the Senate version of the authorization bill give NASA more, but that Senate appropriators would also follow suit.

The potential for that gap can be seen in the budget allocations given to the two CJS appropriations subcommittees, in effect the pots of money they have to spend. The House CJS allocation, released in May, is $47.2 billion, while the Senate CJS allocation, released last week, is nearly $52.3 billion. So it shouldn’t be a surprise if Senate appropriators offer significantly more to NASA than their House counterparts when they get to their CJS bills, but what that eventually means for the space agency given the bigger issues about spending, and the prospects for another round of sequestration, remains to be seen.

House bill would reduce funding for FAA Office of Commercial Space Transportation

An appropriations bill marked up earlier this week by a House appropriations subcommittee would reduce funding for the Federal Aviation Administration (FAA) office responsible for oversight of the commercial space transportation industry. The bill, approved by the Transportation, Housing and Urban Development Subcommittee on Wednesday, would give the FAA’s Office of Commercial Space Transportation (AST) $14.16 million in fiscal year 2014. In FY2012, the office received $16.271 million, and was subject to a full-year continuing resolution, less sequestration, for FY2013. The administration had requested $16 million for the office in its FY14 budget proposal.

Industry officials are concerned about the effect the cuts, modest in absolute numbers but more significant as a percentage of AST’s overall budget, will have on the office’s ability to perform its mandates to regulate and promote commercial space transportation activities, even as the industry picks up with the develop of commercial suborbital systems and orbital commercial cargo and crew launches. Bigelow Aerospace’s Mike Gold, who chairs the Commercial Space Transportation Advisory Committee (COMSTAC), which provides advice to AST, warned in a phone conversation earlier this week that these cuts could have a “devastating” impact on AST’s activities. In an April letter sent to “commercial space stakeholders,” AST warned that the cuts imposed by sequestration alone—less than the cut in the House bill—could delay environmental reviews associated with the office’s licensing work or even delay the evaluation of license applications themselves, among other affected activities.

(Disclosure: my employer does a small amount of work for FAA/AST, although not in licensing-related activities.)

Nelson warns of partisan “chaos” regarding NASA authorization

Immediately after the House Science Committee’s space subcommittee wrapped up its hearing on a draft NASA authorization bill Wednesday morning, Sen. Bill Nelson (D-FL) offered his views on the subject at a Space Transportation Association luncheon on the other side of Capitol Hill. Nelson, chairman of the space subcommittee of the Senate Commerce Committee, said his committee was working on its own version of a NASA authorization bill that would be ready by mid-July or perhaps sooner, in order to support appropriators.

Nelson made it clear that the Senate bill would differ in some key ways from the House bill. “I’m not going to approve of keeping it at 16.8 [billion dollars], because it would run the space program and NASA into a ditch,” Nelson said, referring to the overall budget authorized for NASA in the draft House bill. He was specifically critical of the earth sciences funding level in the House bill, saying it was “completely wiped out” in the bill. “You think Barbara Mikulski is going to allow that?” he asked, referring to the chairwoman of the Senate Appropriations Committee.

“What we’re going to try to mark up is a balanced program,” he said, citing progress in both commercial crew development and the Space Launch System and Orion programs, as well as science programs, including the James Webb Space Telescope.

Nelson was particularly concerned that the authorization process would become divided along partisan lines, something that has traditionally not been the case for NASA. “The space program was always not bipartisan, it was nonpartisan,” he said. “The question is, are we going to have the ability to mark up a NASA authorization bill other than is it going to be a partisan vote?” Nelson said he was prepared to get a Senate version passed by relying solely on the Senate’s Democratic majority, but hoped that wasn’t necessary.

Even if the Senate is able to approve a NASA authorization in a “nonpartisan/bipartisan” manner, “what plays out over the rest of the year is nothing but chaos.” He expects that the House will delay decisions on key bills until a deal is made on increasing the debt ceiling, a point that he thinks may be delayed until late this year because of the improving economy.

While Nelson was hoping to find a bipartisan approach to a NASA authorization, he wasn’t shy about making some partisan jabs of his own. “If you want to play footsie with the Tea Party, you may as well say ‘sayonara’ to our manned space program and unmanned space program,” he said. He later gave some “homework” to the standing room only audience of space industry professionals. “I want you to get off your duff and stop playing ‘nicey nicey’ with these people who want to whack NASA because they’re wedded to an ideology that doesn’t make sense,” he sai, referring to sequestration. “It will set back our space program for years, and you all have got to stop being neutral.”

House hearing reveals concerns about proposed NASA authorization

When Wednesday’s hearing by the House Science Committee’s space subcommittee on a proposed 2013 NASA authorization act appeared on the calendar last week, many observers speculated the hearing might be the official introduction of the bill, setting the stage for a markup of the bill by the full committee and then consideration by the House in the coming weeks. While that likely remains the bill’s trajectory, the hearing made clear that some members have issues with the “discussion draft” of the bill that was the topic of the hearing.

In particular, the top Democrats on both the space subcommittee and the full committee expressed concerns about various provisions in the draft bill. “The draft bill would appear to shift the emphasis of NASA’s core mission to human exploration,” said Rep. Donna Edwards (D-MD), ranking member of the space subcommittee, something that she said would run counter to the goals for NASA laid out in the National Aeronautics and Space Act that established the agency. Overall cuts in NASA spending (to $16.8 billion in fiscal year 2014) and to the earth sciences program in particular ($1.2 billion in FY14, compared to nearly $1.8 billion—pre-rescission and sequestration—in FY13) was a particular issue for Edwards. She called on additional hearings on topics like earth sciences and space technology before formally marking up the bill.

The draft bill “doesn’t contain funding commensurate with the tasks NASA has been asked to undertake,” said Rep. Eddie Bernice Johnson (D-TX), ranking member of the full committee. “In fact, it gives NASA additional, unfunded mandates while maintaining deep sequestration cuts over the life of the bill.” If the bill became law, she said, “it would not help the challenges facing the agency.”

“This is not a bill ready for markup. This is a flawed draft, starting from its funding assumptions, and I cannot support it in its present form,” she concluded. “I also predict that, if passed by the committee, this bill would be DOA in the Senate.”

One element of the bill that had received a lot of attention, language blocking funding for an asteroid retrieval mission, got a mixed reaction. “Because the mission appears to be a costly and complex distraction, this bill prohibits NASA from doing any work on the project,” said subcommittee chairman Rep. Steven Palazzo (R-MS) in his opening statement.

One of the hearing’s two witnesses, former Lockheed Martin executive Tom Young, was also critical of the mission concept. “I have a great worry about what I believe to be a declining trajectory for NASA and the civil space program,” he said, blaming it on “diffuse” leadership that lacks technical expertise. “As an example of what results from diffuse leadership, with too much authority in the wrong places, is the proposed asteroid retrieval mission. This is a mission that is not worthy of a world-class space program.”

The other witness, planetary scientist and NASA Advisory Council chairman Steve Squyres, argued that the bill may go too far in directing NASA about what it can and cannot do in human spaceflight. “I believe that it would be unwise for Congress to either prescribe or proscribe any key milestones in NASA’s Mars exploration roadmap at this time,” he said. “Personally, I agree with the draft authorization act’s position on the asteroid retrieval mission and I disagree with its position on a sustained lunar presence,” a reference to other language in the draft bill that calls for a sustained human lunar presence. However, he said that was just his opinion, and that such milestones towards the long-term goal of human Mars missions not be dictated by the President or Congress but instead established by NASA based on what it determines to be feasible, with oversight by Congress and others.

Squyres also worried about the earth sciences cuts in the draft authorization bill. “I view with considerable concern the deep cuts to earth science that are contained in the proposed authorization act,” he said. “On the administration side, I’ve seen what I view to be alarmingly deep cuts in planetary exploration, which has been, I think, one of NASA’s real shining successes in recent years. In this bill, the pendulum swings too far in the other direction, in my view, and has alarmingly deep cuts to Earth science.”

While the strongest opposition to the draft bill came from key Democratic committee members, one Republican also had issues with another aspect of the bill, the level of funding authorized for the Space Launch System (SLS) heavy-lift rocket. Rep. Mo Brooks (R-AL) said that the $1.45 billion authorized for SLS in FY14 was too low. His constituents—his district includes the Marshall Space Flight Center—who have reviewed the bill, he said, found that funding level “most disconcerting.” He read an email he received earlier that morning from former NASA administrator Mike Griffin, who called the proposed funding level “not adequate” and said $1.8 billion was needed for SLS in FY14.

“Unless I receive differing expertise that satisfies me that our words in support of human spaceflight match our actions and deeds,” Brooks said, “I will have no choice but to vote against and otherwise oppose this authorization act.”

With most of the hearing devoted to exploration policy, SLS, science funding, and education (there seemed to be little opposition to a provision in the draft bill blocking the administration’s planned STEM education restructuring plan), there was little talk about another topic that was controversial in the past: commercial crew. The bill authorizes $700 million for commercial crew in FY14 and the same amount in FY15, but Palazzo said in his opening statement that this should not be treated as a “blank check” by NASA. The bill includes language requiring NASA to meet a “flight readiness demonstration deadline” of December 31, 2017, for at least one commercial crew system. “This deadline is not negotiable,” Palazzo said. “NASA must do whatever is necessary in its acquisition model to meet this deadline, even if that means radically altering their current plans.”

Asteroid mission plans in the House’s crosshairs

Members of the House of Representatives will discuss, and likely make plans to formally introduce, a NASA authorization bill later today in a hearing by the House Science Committee’s space subcommittee. A key element of that discussion will be a provision in a draft of the bill that has been circulating in the space community since late last week that would block NASA from funding work on an asteroid retrieval mission like what it unveiled in its fiscal year 2014 budget proposal in April.

Specifically, the draft bill would direct the NASA administrator to “not fund the development of an asteroid retrieval mission to send a robotic spacecraft to a near-Earth asteroid for rendezvous, retrieval, and redirection of that asteroid to lunar orbit for exploration by astronauts.” It would also block NASA from funding programs to search for asteroids less than 20 meters in diameter—and thus targets for an asteroid retrieval mission—until ongoing efforts to detect asteroids 140 meters across or larger are at least 90 percent complete, a milestone that Congress had previously set a 2020 deadline to achieve. A 2010 report by the National Academies concluded that a spacebased telescope, like the B612 Foundation’s planned Sentinel mission, would be needed to achieve that goal.

That language has led to headlines that Congress is opposed to the asteroid retrieval mission. Getting beyond the oversimplification that a draft authorization bill represents the sense of the entire Congress (it seems unlikely a Senate version of the authorization bill, currently under development, would contain similarly restrictive language given the support for the concept previously voiced by Sen. Bill Nelson, chairman of the Senate Commerce Committee’s space subcommittee), the House bill is not as absolute in blocking an asteroid mission as some reports might suggest. Another provision of the draft bill calls for NASA to submit a report on the proposed mission, providing specifics on its cost, schedule, and technical aspects, as well as how it would advance human missions to Mars.

Moreover, NASA, strictly speaking, is not seeking funding for an asteroid retrieval mission in its 2014 budget proposal. The $105 million identified for the asteroid initiative is spread out among several programs in the science, space technology, and human spaceflight mission directorates, and in many cases stand alone. The $20 million for additional asteroid searches, for example, serves scientific and even planetary defense purposes beyond an asteroid retrieval mission, while the $38 million planned for solar electric propulsion development can support missions beyond the asteroid one. That was, in fact, a deliberate decision by NASA because the asteroid mission concept was still in its earliest stages of formulation at the time of the budget rollout. “We decided to preferentially invest in the kinds of technologies we needed anyway,” a NASA official explained back in April.

Agency officials, though, are aware they need to do more to sell the mission to skeptical members of Congress. At an “Asteroid Initiative Industry & Partner Day” at NASA Headquarters yesterday, where NASA announced a request for information for virtually all aspects of the planned mission concept, from asteroid search approaches to capture and redirection technologies, NASA deputy administrator Lori Garver played up the “bipartisan support” the agency’s initiative has among members of Congress. Asked, though, about the language in the draft bill, she said there was “a lack of the recognition yet of the importance and value of this mission” among members. “We obviously have not completed our work” in defining the mission and aligning it to key goals, like planetary defense, she said. “I think we really truly are going to be able to show the value of the mission.”

Tweaking the proposed export control reforms for hosted payloads and suborbital vehicles

Last month, as previously noted here, the Obama Administration released a draft version of the revised Category XV of the US Munitions List (USML), which covers satellites and related components. The release of the draft version started a comment period that lasts until early July, after which officials will review the comments before making any final decisions on what items should remain on the USML and which should be taken off, a process that also requires Congressional notification.

As Space News reported Friday, the satellite industry largely sees the proposed revisions to Category XV as a net positive, although not without some concerns. In particular, they’re concerned about the inclusion in the revised USML of “Department of Defense-funded secondary or hosted payload”, which are government payloads—sensors or communications transponders, typically—incorporated onto commercial satellites as a secondary payload. “Categorizing by funding source, instead of the actual technology, is not smart, and probably not what the drafters intended,” an industry official told Space News.

The NewSpace industry is concerned about the inclusion of another items on the proposed Category XV: crewed suborbital spacecraft, which are included as part of the “man-rated sub-orbital, orbital, lunar, interplanetary or habitat” provision in the draft rules. For US companies developing suborbital vehicles, that would mean dealing with ITAR when trying to sell, or even operate, such vehicles outside the US, as well as sharing technical information about them to non-US persons.

Some in the industry as pushing against that provision. “We applaud the move to move commercial satellites off the Munitions List,” said Andrew Nelson, chief operating officer of XCOR Aerospace, in a speech at the Next-Generation Suborbital Researchers Conference (NSRC) in Colorado on June 3. “However, they added to the Munitions List crewed space vehicles, and that is a backwards step.”

Nelson elaborated at a press conference at the NSRC later the same day. “It’s critically important for our country not to lose a competitive advantage before the market even opens,” he said. He noted that the share of commercial satellites manufactured by US companies dropped precipitously when such satellites were added to the USML in the late 1990s (although proving the cause-and-effect relationship has been difficult for the industry.) “There’s a ‘presumption of no’ if you get on the Munitions List,” he said. “It’s doing to us, potentially, what they did to the commercial satellite market.”

Nelson said that XCOR and other companies, as well as the Commercial Spaceflight Federation, planned to submit comments regarding that provision in the draft Category XV list by July 8, when the comment period closes. He said the industry also has supporters in Congress that he believes will write “supporting letters” on their behalf. “We’re pushing on all of those strings, and hoping for the best.”