The Senate Armed Services Committee- (SASC) approved fiscal year 2015 authorization bill text bars the defense secretary from entering into a new contract, or renewing a current contract, for space launch supplies if those suppliers are provided by Russian suppliers, as is the case with the RD-180 engine.
The text specifically says: “the secretary of defense may not enter into, or renew a contract…for the procurement of property or services for space launch activities under the Evolved Expendable Launch Vehicle (EELV) program from any person if that person purchases supplies critical for space launch activities covered by the contract from a Russian entity.”
That paragraph specifically takes aim at national security launch provider United Launch Alliance (ULA), which purchases the RD-180 from RD AMROSS, a joint venture of manufacturer NPO Energomash and Pratt & Whitney, a division of United Technologies Corp. [UTX]. ULA is a joint venture of Lockheed Martin [LMT] and Boeing [BA]. A request for comment to ULA was not returned by press time.
But the text gives the Pentagon an out, saying the defense secretary can waive the prohibition if he/she certifies to the congressional defense committees not less than 30 days before the waiver takes effect that: the waiver is necessary for national security interests and that the launch services and capabilities covered could not be obtained at a fair and reasonable price.
The bill text also directs the Defense Department to compete two additional EELV launch cores over the span of three fiscal years: one during FY ’15 and another between FYs ’15-’17. New EELV entrant Space Exploration Technologies Corp. (SpaceX) is suing the Air Force to get it to compete its sole sourced “block buy” of 35 launch cores to ULA. As part of the block buy authorization, a DoD acquisition decision memorandum (ADM) directed the Air Force to compete up to 14 cores, but the service decided to compete seven, or perhaps, eight cores.
This procurement of additional launch cores also has an out for DoD, in that the defense secretary can avoid doing this if he or she shows there is no practicable way to increase the number of competed cores without violating the requirements of the firm-fixed-price contract entered with ULA. The House-approved authorization bill directs the Air Force secretary to notify the appropriate defense committees of changes to the block buy, including a national security rationale for the decision.
The bill directs the defense secretary to develop a plan for the competed production of a liquid rocket engine by 2019. If the bill becomes law, it would require the plan by Sept. 30. The legislation also authorizes the Air Force secretary to transfer up to $20 million in FY ’14 from the fund for the new engine to other priorities if he or she determines an urgent need to do so. The $20 million would come out of FY ’14 funds authorized for Air Force research, development, test and evaluation (RDT&E) of dual launch capability, or the ability to lift two satellites on one launch vehicle.
Bill language also expresses the sense of the Senate that DoD could benefit from the relaxation of current satellite imagery resolution requirements. The text says the commercial space imagery industry would respond to larger market opportunities by increasing the number of spacecraft and the quality and diversity of imagery products.
SASC Chairman Carl Levin (D-Mich.) has said he would like a full chamber vote as soon as possible and before the Senate leaves for its August recess.