Category: Civil

United Technologies Admits to 576 Export Violations; Will Pay $75 Million

United Technologies Admits to 576 Export Violations; Will Pay $75 Million

The State Department announced a consent agreement today under which United Technologies Corporation (UTC) and three of its operating units or subsidiaries will pay $75 million in fines and penalties and take remedial actions for hundreds of civil violations of export control laws and regulations in its dealings with China.   UTC subsidiary Pratt & Whitney Canada  (P&W Canada) additionally pleaded guilty in a Connecticut court to a criminal violation.

UTC voluntarily disclosed most of the 576 violations to the U.S. Government beginning in 2006 according to the State Department.  Some of the violations took place in 2002-2003 and involved the sale of engine software by P&W Canada that is being used in Chinese military attack helicopters.  The software was of U.S. origin and governed by the Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR).  Because it voluntarily disclosed violations and cooperated with the investigation, the State Department did not debar the defense contractor.  However, it did impose a statutory debarment on some P&W Canada activities.

The State Department asserts that the consent agreement addresses not only the illegal exports, but “false and belated disclosures to the U.S. Government about these illegal exports, and many other compliance failures.” While acknowledging the voluntary disclosures as mitigating factors, it decided to charge the company with 576 violations “given the harm to national security and the systemic, longstanding and repeated nature of certain violations,” it said in a proposed charging letter.

The consent agreement will remain in effect for four years.  UTC will pay $20.7 million in fines, forfeitures and other penalties to the Justice Department, and $55 million to the State Department as a penalty.  The State Department suspended $20 million of the $55 million on the condition that it be used for remedial compliance measures.

Export control reform is a major goal of the aerospace industry, particularly satellite manufacturers.  Progress was recently made in that regard with release of the “Sec. 1248” report by the State and Defense Departments, and House-passage of an amendment to the FY2013 National Defense Authorization Act to ease export controls for certain satellites. The export violations revealed today do not appear to involve satellites and under the House-passed language satellite exports to China would continue to be denied in any case.  

Thus, today’s announcement may not complicate the satellite export debate, although it may undermine confidence that the aerospace industry has learned from the mistakes of the 1990s that led to the current strict export limits on satellites.

In an unrelated development, Canada’s MacDonald, Dettwiler & Associates (MDA) purchased Space Systems/Loral today for $875 million.   It was a Loral employee sending a letter to China without export approval in 1996 that initiated the chain of events that became known as the “Loral/Hughes” affair.  It led to a congressional investigation chaired by then-Rep. Christopher Cox.  The Cox Committee report concluded that Loral and Hughes Aircraft (a satellite manufacturer later bought by  Boeing) violated export laws in helping China determine why its satellite launches failed.  In response, Congress passed language in the FY1999 National Defense Authorization Act that put satellites back on the State Department’s Munitions List with its ITAR regulations.  It also removed the President’s authority to decide whether satellites are governed by ITAR or the dual-use Commerce Commerce List administered by the  Commerce Department.  The aerospace industry has been trying to undo that language ever since, claiming that ITAR restrictions put them at a significant competitive disadvantage with foreign companies and thereby harm the U.S. economy.

Lubchenco: Financial Misconduct at National Weather Service "Very Clever," "Hidden" — UPDATE

Lubchenco: Financial Misconduct at National Weather Service "Very Clever," "Hidden" — UPDATE

UPDATE:   Government Executive magazine reports that the House Appropriations Committee approved the $36 million reprogramming on June 27.

ORIGINAL STORY: A National Oceanic and Atmospheric Administration (NOAA) internal investigation that discovered the illegal reprogramming of millions of dollars in appropriated funds at its National Weather Service (NWS) found no evidence of financial personal gain, but these actions were “very clever” and “hidden,” according to Dr. Jane Lubchenco, NOAA administrator.

Speaking at a hearing of the House Appropriations Committee’s Subcommittee on Commerce, Justice, Science (CJS) on Thursday, Lubchenco stated that before November 29, 2011, she had no knowledge of the alleged financial misconduct that resulted in the reprogramming of 4 percent of the NWS budget without congressional approval.  Within 48 hours of learning about the allegations, she set in motion 12 corrective actions and launched the internal investigation that culminated in May, she stated.  

Summarizing the results of the investigation into the unauthorized reprogramming of funds in FY2010 and FY2011, Lubchenco made a point to say that these actions were carried out by three individuals within the NWS, while stressing that its mission was not compromised. Still, she described it as “very wrong and, in my view, gross misconduct.”

To delve more deeply into the issue, the agency will release a contract for an independent study — a “deeper dive” — she said, to identify the true extent and motivations of these actions. She reiterated that there was no external indication that something was wrong, “no red flags” or “obvious warning.”

CJS Chairman Frank Wolf (R-VA) described the findings as “very serious and disturbing” and expressed repeated concerns that NOAA’s missions to protect life and property were suffering.  He said that the mission of the NWS remains “one of the highest priorities” and that if the Department of Commerce (DOC), of which NOAA is part, had requested help, “we would have worked with you.”

NOAA is requesting congressional approval to officially reprogram $36 million in the current fiscal year ((FY2012) to allow NWS core services to continue.  Otherwise there will be unavoidable furloughs for NWS employees.  The CJS subcommittee submitted 65 questions for the record and tasked Lubchenco with responding to them by Monday at 5:30 pm in order not to hold up the process to consider the request.

In the meantime, Senate appropriators announced that they will approve the reprogramming.  

Looking beyond NOAA, several House CJS subcommittee members expressed frustration that the NWS action was, in their view, just one more of recent examples of agency misconduct.  Representatives Jo Bonner (R-AL) and John Culberson (R-TX) asserted that this kind of mismanagement is not limited to NOAA or even the DOC.  Alluding to the Secret Service scandal, Bonner said that the NWS issue was “part of a pattern” and another example of an Administration with an “attitude of just ignoring Congress when it pleases those in a position to do so.”  Culberson agreed that “this is the tip of the iceberg…it’s bigger than just NOAA.”

Rep. Chaka Fattah (D-PA), ranking member of the CJS subcommittee, retorted that it was “slightly tainted” to blame the Obama Administration when the responsibility rests on the three individuals involved who likely came into the agency during a previous, Republican, administration.

While saying that this was not a partisan issue, Wolf noted that there has been a shift in attitudes and “the agencies really don’t like Congress.”   Therefore, he said, dealing with the misconduct at the NWS would send a message to the rest of the federal government of the importance of following the law.

Events of Interest: Week of June 25-29, 2012

Events of Interest: Week of June 25-29, 2012

The following events may be of interest in the week ahead.  The House and Senate both are in session this week.

Monday, June 25

Monday-Wednesday, June 25-27

Monday-Thursday, June 25-28

Tuesday, June 26

Tuesday-Thursday, June 26-28

Wednesday, June 27

Thursday, June 28

Friday, June 29

 

Holdren: U.S. is Number One in Space and Intends to Stay That Way

Holdren: U.S. is Number One in Space and Intends to Stay That Way

Presidential Science Advisor John Holdren told the House Science, Space and Technology Committee yesterday that despite what some people say, the United States is the world leader in space activities. 

The space program was only one of many topics debated at the hearing, which focused on the White House Office of Science and Technology Policy (OSTP) and President Obama’s science policies and priorities.  Holdren also serves as Director of OSTP.

“We continue … to lead the world in space, although sometimes the contrary is asserted,” he told Rep. Lynn Woolsey (D- CA).   “Our planetary exploration programs have absolutely no peer.  …. some people say China is overtaking [us].  China just put its first woman in space a few days ago.  We put our first woman in space, Sally Ride, in 1983.  One can go through the list.  China is talking about maybe being able to land someone on the moon in 2020.  We did it in 1969.”

Later, Rep. Randy Hultgren (R-IL) cited a recent article in Space News as saying that in the past four years the country has gone from first to third place in space exploration and “I think that’s a shame.” 

The June 18, 2012 issue of Space News published a lengthy op-ed piece by Frank van Rensselaer that harshly criticizes the Obama Administration and NASA’s leaders for “having taken the U.S. from world leadership in space to third-place status in less than four years.”  Van Rensselaer is a former NASA and aerospace industry executive who worked at the White House Office of Science and Technology Policy during the Reagan Administration according to a brief biography available on the Internet.

Holdren strongly disagreed. “By any respectable set of metrics I know of, the United States is still number one in space and intends to stay that way.”

On more specific NASA issues, Holdren told committee chairman Ralph Hall (R-TX) that he and President Obama are confident NASA can specify and oversee safety requirements for commercial crew systems even though NASA currently is using Space Act Agreements instead of Federal Acquisition Regulation (FAR)-based contracting.  Rep. Steve Palazzo (R-MS), chair of the space and aeronautics subcommittee, asked what would happen if the companies did not perform or went out of business — what would NASA own for the money it is expending.   Holdren replied that NASA’s funding is an investment in the private sector that will yield more efficient and less expensive space missions and the idea is not for NASA to “own” anything.

Hall and Palazzo both wanted to know when the White House would announce its plans for obtaining a congressional waiver from the Iran-North Korea-Syria Nonproliferation Act (INKSNA) so NASA can continue to pay Russia for hardware and services for the International Space Station (ISS).  The current waiver lasts only through 2016. Holdren punted, saying only that the Administration is assessing the options even though “it’s clear that it’s going to be needed [and] sooner is better than later.”  He declined to provide a timeline on when the administration would send a request to Congress. 

Holdren defended NASA’s planetary science budget, which was cut 20% in the President’s FY2013 budget request.  Repeating what others in the administration have been saying, Holdren told Rep. Donna Edwards (D-MD) the Mars program is “robust” despite the budget constraints and “we have not, by any means, given up our leadership in planetary exploration.”  Edwards responded by emphasizing the need for predictable budgets not only for planetary science but science in general.  She said it is “unacceptable” to do research by “jumping in and out,” and just ends up costing more in the long run.  Holdren agreed.  

Commercial Crew Critical for ISS, but SLS/Orion Needed for Future, Senators Stress

Commercial Crew Critical for ISS, but SLS/Orion Needed for Future, Senators Stress

At a Senate Commerce subcommittee hearing today, three Senators directed mostly friendly questions at a panel of government and private sector witnesses regarding the risks and opportunities of commercial spaceflight.  Senator Kay Bailey Hutchison (R-TX) emphasized that while commercial crew is needed for the near term, NASA should not “shortchange the future.”  NASA needs to adequately fund the Space Launch System (SLS) and its Orion capsule, she insisted.  As for that future, subcommittee chairman Bill Nelson (D-FL) and Michael Gold of Bigelow Aerospace were bullish on the future of microgravity research for the pharmaceutical industry in particular.

Hutchison sternly chastised NASA Administrator Charlie Bolden at an earlier hearing for, in her view, baldly taking $300 million from the SLS/Orion effort to put into commercial crew in the FY2013 budget request.  Today, she wanted an assurance from NASA’s Associate Administrator for Human Exploration and Operations Bill Gerstenmaier that NASA would not do that again.  He said his job was to deliver commercial crew as well as SLS/Orion in a timely manner “and we’re working hard to do that” within existing budget constraints. He agreed that NASA is committed to move both forward and to “find the balance to keep human spaceflight in this nation strong.”   While that was not an explicit “yes,” Hutchison appeared to accept the answer as the assurance she requested.  Her focus was on ensuring that “in 2020, when ISS will go away, most likely,” the United States does not face another gap in human spaceflight like today.

Hutchison is retiring this year.  She was a key figure in designating the International Space Station (ISS) as a national laboratory, and in passing the 2010 NASA Authorization Act.  The Act struck a compromise between allowing the Obama Administration to proceed with its plan to turn crew transportation to low Earth orbit (LEO) over to the private sector and Congress’s desire to keep NASA in the human spaceflight business by building “beyond LEO” systems — SLS and Orion — to take astronauts further into space.   

Nelson also talked about what would happen when “we get to 2020 and ISS is deactivated,” but in the sense of lamenting that no one is paying attention to the important research being done there already, especially in vaccines.

How long ISS will operate is important for the business plans of companies developing commercial cargo and crew systems since many anticipate NASA will be the major customer for those services.  Gerstenmaier said that NASA needs two crew flights a year, four people each time, to support ISS.   If a spacecraft can carry more than four, NASA will decide how best to use the remaining capacity for cargo or additional people.  He said NASA hopes to increase the ISS crew size to seven, the number for which it was originally designed.  It is currently limited to six because of the capacity of the Russian Soyuz spacecraft that ferry crews back and forth.   Nelson pressed Gerstenmaier on when commercial crew services will be available if Congress provides only $525 million instead of $830 million as the Administration requested for FY2013.   Gerstenmaier said that NASA is planning on 2017 if it receives that level for FY2013, but a higher level in future years.

If commercial crew became available in 2017 and the ISS ends operations in 2020, that is a very limited NASA market.   However, Michael Gold of Bigelow Aerospace stressed that his company is building inflatable space modules also as research facilities in orbit and hopes to attract countries like Japan and Singapore to use them.  He said their business model is not all that different from the ISS and sought to “get rid of some misperceptions” that Bigelow is building a space hotel or a space casino.  It is not building either, he emphasized.

Instead Bigelow’s business model is signing up foreign governments to do microgravity research and development.   He joined with Nelson in extolling the promise of microgravity research.   “We are grossly underestimating the impact on our economy” initially in “pharma and biotech,” he exclaimed (using pharma as shorthand for the pharmaceutical industry).  He cautioned that the “microgravity revolution will happen in pharma and other sectors.  The question is will it happen in America or in China.”   First, however, routine, affordable access to space is needed, at dramatically lower prices than the approximately $60 million per seat Russia charges NASA.  “We are extraordinarily dependent on the success of the commercial crew program,” Gold said. 

Gold also stressed that regulatory issues are just as important as price.  He ranted against the International Traffic in Arms Regulations (ITAR), saying that Bigelow had to spend about $1 million to comply with ITAR when it launched two test inflatable modules on Russian launch vehicles.  What really irritated him, he said, was that he doubted any sensitive technology was protected.   Nelson reminded him that China acquired sensitive technology when U.S. companies exported satellites to China for launch and “balance” is needed.

Despite the publicity on Monday about the FAA-NASA agreement on each agency’s roles and responsibilities for ensuring the safety of commercial human spaceflight, the topic got little attention at the hearing.  Instead, FAA’s Pamela Melroy focused on the need for an extension to the government’s authority to indemnify commercial launch companies against third party liability claims resulting from launch or reentry accidents.  The authority has been extended several times over the years and currently expires on December 31, 2012.  The House Science, Space and Technology Committee devoted an entire hearing to that topic two weeks ago.  The Government Accountability Office’s (GAO’s) Gerald Dillingham said today that GAO supports a short term extension while a complete review of the issue is conducted.  The Obama Administration wants a 5-year extension.  At the House hearing, industry witnesses wanted the authority  made permanent.  GAO also wants to look at whether the indemnification should be broadened to include on-orbit activities in addition to launch and reentry.  Nelson said “we’ve simply got to contiune” that regime and subcommittee ranking member John Boozman (R-AR) seemed to agree.  (The House committee also appeard supportive of an extension.)

As for the safety of commercial crew flights, Michael Lopez-Alegria of the Commercial Spaceflight Federation (CSF) said CSF agrees that “the principle that NASA should have the final say so in safety is key.”  He is a former astronaut.  Melroy, another former astronaut, said the FAA is restricted in what discussions it can have with industry about pasenger safety until it has a formal rulemaking underway.   The FAA is currently prohibited by law from imposing new passenger safety regulations for commercial spacecraft until 2015.   Gerstenmaier said NASA has publicly released its safety requirements so companies know what they must do to comply with them.

Boozman asked about the need for NASA to get another waiver from the Iran-North Korea-Syria Nonproliferation Act (INKSNA).  Gerstenmaier repeated what he has said in other hearings that whether or not NASA purchases crew flights from Russia after 2016 when the current waiver expires, ISS operations are interdependent and another waiver is needed.  The law prohibits NASA from paying or making in-kind agreements with Russia for anything related to the ISS.  The law is intended to restrain Russia from providing certain technologies to those three countries.   Nelson said “we don’t have any choice” about passing another waiver.

Prepared statements and the webcast are available on the Senate Commerce, Science and Transportation committee’s website.

House Appropriators Favorable to FAA Commercial Space Office

House Appropriators Favorable to FAA Commercial Space Office

The House Appropriations Committee marked up the FY2013 bill (Transportation-HUD)  that funds the Department of Transportation (DOT) and its Federal Aviation Administration (FAA).  The committee not only provides the full request for the FAA’s Office of Commercial Space Transportation (AST), but says that it will “encourage” a reprogramming request if more is needed.

AST usually receives scant treatment in the appropriations bill, which funds all of DOT as well as the Department of Housing and Urban Development (HUD).    This year, however, the committee includes a paragraph explaining its decision to fully fund the $16.7 million request for AST and commenting on the importance of what AST does to U.S. leadership in space.

Saying that the commercial space transportation industry is “nearly certain to increase its activities,” especially in support of the International Space Station, the committee states that it “wishes to ensure that the FAA has the ability to provide these permits and licenses effectively and efficiently so that the U.S. can emerge as the world leader in space transport.”  It then adds that it “will encourage a reprogramming of funds” if AST needs more than the $16.7 million “to keep pace with this growing industry.”

That’s good news for AST, though other parts of DOT may wince at the thought at their money potentially being shifted to AST.

Yesterday, the FAA and NASA announced what they called an “historic” agreement on which agency is in charge of what when it comes to commercial human spaceflight.  The Senate Commerce Committee will hold a hearing on commercial space issues tomorrow at 10:00 am.

 

Current and Three Former NASA Administrators to Share Perspectives with NRC Committee Next Week

Current and Three Former NASA Administrators to Share Perspectives with NRC Committee Next Week

The National Research Council’s (NRC’s) study committee on NASA’s Strategic Direction will hear from the current NASA Administrator as well as three of his predecessors at its meeting next week in Washington, D.C.

Rep. Frank Wolf (R-VA), chairman of the House Appropriations Commerce-Justice-Science (CJS) subcommittee, directed NASA’s Office of Inspector General (OIG) to contract for an independent assessment of NASA’s strategic direction in the FY2012 CJS appropriations bill.   The OIG selected the NRC to conduct the study, which held its first meeting in April.

The second meeting will be held next week, June 25-27, 2012.   Among the speakers are current NASA Administrator Charlie Bolden and three previous NASA Administrators:

  • Jim Beggs, who served as administrator during the early years of the Reagan Administration and is credited with winning approval for what is today known as the International Space Station (ISS) program despite widespread opposition from Reagan’s cabinet.  Beggs is retired now and chairs the NASA Alumni League.
  • Vice Admiral (Ret.) Dick Truly, who served as administrator during the George H.W. Bush Administration as it tried and ultimately failed to win support for the Space Exploration Initiative to take humans back to the Moon and on to Mars.  A former astronaut who left NASA in 1983 to return to the Navy after piloting the second space shuttle mission  (STS-2) and commanding the eighth (STS-8), Truly rejoined NASA as Associate Administrator for Space Flight immediately after the 1986 space shuttle Challenger tragedy and led that return-to-flight effort.  He rose to become administrator when the first President Bush was sworn into office.  He went on to run DOE’s National Renewable Energy Laboratory, from which he retired in 2004.
  • Sean O’Keefe, who headed the agency during part of the first term of President George W. Bush. A former Secretary of the Navy, O’Keefe was brought into the George W. Bush Administration as Deputy Director of the Office of Management and Budget (OMB), but after a year shifted over to run NASA and get ISS program costs under control, but the 2003 space shuttle Columbia tragedy changed everything. O’Keefe ended up leading the agency as the Bush White House announced the Vision for Space Exploration, another effort to return humans to the Moon and go on to Mars.  The program became known as Constellation, and was cancelled by President Obama, but somewhat resurrected by Congress.  O’Keefe was a close friend of Senator Ted Stevens and, along with his son, was in the 2010 Alaska plane crash that claimed the lives of Stevens and four others on the plane.  O’Keefe and his son, Kevin, were two of the four survivors.  He now is chairman and CEO of EADS North America.

Also on the NRC committee’s agenda are

  • NASA Deputy Administrator Lori Garver
  • NASA Associate Adminstrator Robert Lightfoot
  • NASA Chief of Staff Dave Radzanowski (who was branch chief for science and space at the Office of Management and Budget during part of the George W. Bush administration)
  • NASA Chief Scientist Waleed Abdalati
  • NASA Chief Technologist Mason Peck
  • NASA Associate Administrator for Aeronautics Jaiwon Shin
  • Deputy Under Secretary of the Air Force (Space Programs) Richard McKinney
  • George Washington University Research Professor Linda Billings
  • National Air & Space Museum Senior Historian Roger Launius
  • Gregory Kulacki, Union of Concerned Scientists, and Dean Cheng, Heritage Foundation, speaking about China’s space program

Paul Shawcross, current branch chief for science and space at OMB and John Olson of the White House Office of Science and Technology Policy are listed as invited, but not confirmed.

The meeting is at the NRC’s Keck Center, 500 Fifth Street, N.W., Washington, DC.   Anyone planning to attend is requested to RSVP to Dwayne Day (dday@nas.edu) so your name can be placed on a list that will make it MUCH easier for you to enter the building.

Editor’s Note:  In the interest of full disclosure, I am a member of this NRC committee.   The agenda is public information and posted on the NRC’s website.

June Good Month for "First" Women Astronauts

June Good Month for "First" Women Astronauts

Purely by coincidence, the first women to fly into space representing their countries — the Soviet Union, United States and China — were all launched in June.

Soviet cosmonaut Valentina Tereshkova became the first woman in space on June 16, 1963.  Her solo flight on Vostok 6 lasted 70 hours and 50 minutes. 

U.S. astronaut Sally Ride became the first American woman in space on June 18, 1983.  She was part of the five-person STS-7 space shuttle Challenger crew.  The mission lasted 146 hours and 24 minutes.

Chinese astronaut Liu Yang became the first Chinese women in space on June 16, 2012.  Liu’s mission, still in progress, is expected to last 13 days.  She is one of the three-person Shenzhou-9 crew that today performed the first crewed docking with China’s first space station, Tiangong-1. 

Women of other nationalities have also flown in space, but Tereshkova, Ride and Liu are notable because they flew on spacecraft built and launched by their own countries.  The other “first” women astronauts flew on Soviet/Russian or U.S. spacecraft — and not in June!   For the record, they were:

  • Helen Sharman, first British woman in space and first woman “space tourist” (Soviet Soyuz TM12/TM22, launched May 19, 1991)
  • Roberta Bondar, first Canadian woman in space (U.S. space shuttle STS-42, launched Jan. 22, 1992)
  • Chiaki Mukai, first Japanese woman in space (U.S. space shuttle STS-65, launched July 8, 1994)
  • Claudie Haignere, first French woman in space (Russian Soyuz TM-24/TM-23, launched August 17, 1996)
  • Yi So-Yeon, first South Korean woman in space (Russian Soyuz TMA-12 mission, launched April 8, 2008)

Some might also include Kalpana Chawla, an Indian-American NASA astronaut as the first Indian woman in space (1997), or Anousheh Ansari, an Iranian-American space tourist as the first Iranian woman in space (2006), but since they both were American citizens when they made their spaceflights, we do not include them here.  Some lists identify Ansari as the first woman space tourist, but Sharman earned that distinction 15 years earlier.

Other notable women space firsts:

  • Soviet cosmonaut Svetlana Savitskaya, first woman to walk in space (1984)
  • U.S. astronaut Kathryn Sullivan, first American woman to walk in space (1984)
  • U.S. astronaut Eileen Collins, first woman to command a space shuttle mission (1999)
  • U.S. astronaut Peggy Whitson, first woman to command the International Space Station (2008)

On a sad note, the first women to die as a result of a spaceflight were NASA astronaut Judy Resnik and “teacher-in-space” Christa McAuliffe, both of whom died in the January 28, 1986 space shuttle Challenger tragedy.  Two more women astronauts died in the February 1, 2003 space shuttle Columbia tragedy, Kalpana Chawla, mentioned above, and Laurel Clark. 

 

 

NASA and FAA Agree on Who Ensures Passenger Safety on Commercial Space Taxis

NASA and FAA Agree on Who Ensures Passenger Safety on Commercial Space Taxis

NASA and the Federal Aviation Administration (FAA) announced an “historic” agreement today laying out each agency’s roles and responsibilities for ensuring the safety of people who fly on commercial space vehicles, or “space taxis,”  to and from low Earth orbit (LEO).

The announcement by NASA Administrator Charlie Bolden and FAA Acting Administrator Michael Huerta comes two days before an important Senate hearing on commercial spaceflight risks and opportunities.  The hearing before the Space and Science subcommittee of the Senate Commerce, Science and Transportation Committee is scheduled for Wednesday at 10:00 am ET. 

Senator Bill Nelson (D-FL), who flew on the space shuttle in 1986, chairs that subcommittee.  Nelson is not shy about his skepticism over any role that the FAA should have in ensuring the safety of people flying into space on behalf of NASA.   Under the Intergovernmental Agreement that governs the International Space Station (ISS) program, NASA is responsible not only for launching its own astronauts to the ISS, which is in LEO, but those of the other non-Russian partners in the ISS progrram.  The original plan was that NASA’s space shuttle would service the ISS throughout its lifetime.  President George W. Bush’s 2004 decision to terminate the space shuttle program once ISS construction was completed — a decision affirmed by President Obama — changed those plans dramatically, but the United States remains responsible for getting astronauts from the non-Russian partners to and from the ISS.

President Obama decided that commercial companies, not NASA, should take people to and from LEO — including the ISS — in the future.  NASA’s commercial crew program funds companies to develop systems to accomplish that goal.  The companies may launch government astronauts from NASA or other non-Russian ISS partners, or people completely unconnected to the government program. 

Which agency is in charge of regulating how those companies ensure passenger safety has been an open question.

The FAA’s Office of Commercial Space Transportation regulates and facilitates commercial space launches and reentries like those of the successful SpaceX test mission last month, which was part of NASA’s commercial cargo program.  No people were aboard that flight.

The FAA’s responsibility is to protect public safety.  For space missions, historically that has meant the safety of “third parties” — people living near launch or reentry sites who could be hurt because of a launch or reentry accident.   The FAA is responsible whether the launch is putting a satellite in orbit, taking cargo to the ISS, or launching a space tourist.  The open question has been who ensures the safety of passengers aboard commercial space vehicles as opposed to the uninvolved public on the ground.

Congress passed a law in 2004 that assigns the safety of commercial space passengers to the FAA.  It directs the FAA to have a light regulatory hand initially as the business develops.  Basically the companies are required to tell prospective passengers about the risks and the passengers sign a waiver acknowledging they were told.  Originally the FAA was precluded from imposing stricter regulations for eight years, but in February Congress extended it to 2015.    The idea is that burdensome regulations might stifle the nascent commercial human spaceflight industry and the government should wait to see how the business develops to better assess its risks before imposing stronger safety requirements.

Senator Nelson has made clear beginning with a March 18, 2010 hearing that he does not think the FAA should be in charge of ensuring the safety of NASA astronauts, however.  In a testy exchange with George Nield, FAA’s Associate Administrator for Commercial Space Transportation, Nelson said that he was the one who got the original law passed in the 1980s (when he was a member of the House of Representatives) that created Nield’s office  “and I never intended for the FAA to be getting into” the safety of NASA astronauts.  “I don’t want … extra layers of bureaucracy … just to get a crew up to the International Space Station,” Nelson said.  He has repeated that theme subsequently.   The hearing on Wednesday will be an opportunity for him to publicly express his views about the agreement signed today.

That agreement seems to comport with his views.   It says that companies have to get a license from the FAA for all commercial human spaceflight launches and reentries, but as for passenger safety, NASA is in charge for its own astronauts and those of other ISS partners.  During a media teleconference this morning with Bolden and Huerta, Bolden said that “if we’re paying for the service, NASA standards apply.”  Huerta said that from the FAA’s side, “our assurance of public safety is the same, whether it’s NASA or commercial.”

Passengers who are not part of a NASA-sponsored mission are subject only to the FAA’s rules.  Several companies are developing systems to take people on short suborbital trips, or into orbit to non-NASA space stations.   Bigelow Aerospace, for example, is planning its own space stations.  A passenger flying on a commercial space taxi to a Bigelow space station would not be covered by NASA’s safety standards.

The NASA-FAA Memorandum of Understanding (MOU) released today identifies former NASA astronaut Pam Melroy, who now works for Nield at the FAA, as the designated point of contact for the agreement.  She is scheduled to be one of the witnesses at Wednesday’s hearing.  NASA’s point of contact in the MOU is Phil McAlister, Director of Commercial Spaceflight Development for the agency. He works for Bill Gerstenmaier, NASA’s Associate Administrator for Human Exploration and Operations.   Gerstenmaier will testify on NASA’s behalf.  Another former astronaut, Michael Lopez-Alegria, is another witness.  He is now head of the Commercial Spaceflight Federation.  Gerald Dillingham from the Government Accountability Office (GAO) and Michael Gold from Bigelow Aerospace also will testify.

During the media teleconference this morning, Bolden was asked when the agency would choose which companies to support in its next round of awards under the former Commercial Crew Development (CCDEV) program.  Now called the Commercial Crew Integrated Capabilities (CCiCAP) program, Bolden and a key House appropriator, Rep. Frank Wolf (R-VA), recently agreed that NASA would select no more than “2 1/2” companies to get CCiCAP awards.  Bolden said today that NASA will make a decision by mid-July and clarified that “2 1/2” means that two companies will get full funding and one company will get partial funding.

Wolf chairs the House Appropriations Commerce-Justice-Science (CJS) subcommittee, which funds NASA.  Bolden stressed today that he told Wolf that NASA needs as much money as possible to fund commercial crew development this year, and will need a significant increase for future years to attain the goal of having such services available by 2017.

Although the term “commercial crew” implies that companies are funding the development of these systems, they are dependent on NASA funding for part of the costs.  NASA requested $830 million for FY2013.   The House approved only $500 million when it passed the CJS bill in May.  The Senate Appropriations Committee approved only $525 million.  In the exchange of letters between Wolf and Bolden, Wolf said he would work towards getting a figure closer to the Senate number during conference negotiations, but that is still substantially less than what NASA says it needs.

 

Events of Interest: Week of June 18-22, 2012

Events of Interest: Week of June 18-22, 2012

The following events may be of interest in the week ahead.   The House and Senate both are in session this week.

During the Week

On the international front, China’s Shenzhou-9 space station mission undoubtedly will be one focus of attention in the space community.  The three-person crew, including China’s first woman astronaut, was launched on Saturday morning (Eastern Daylight Time) and will dock with China’s Tiangong-1 space station module on Monday.   This will be the first Chinese crew to dock with a space station.  That first docking will be automated, a task demonstrated last year by Shenzhou-8, which did not have a crew.   Later in the mission, the Shenzhou-9 crew will undock and then one of the crew members, Liu Wang, will perform a manual re-docking to show it can be done.   Liu Wang should not be confused with his crew-mate, Liu Yang, who is China’s first woman in space.   The mission’s commander is Jing Haipeng. The mission is expected to last a total of 13 days.  We’ve put together a handy list of all the Chinese missions that have carried crews — this is the fourth.

Here in the Washington, commercial space activities have center stage.   The head of NASA, Charlie Bolden, and the acting head of the Federal Aviation Administration (FAA), Michael Huerta, will hold a media teleconference on Monday to talk about commercial space.  It is rather unusual for the head of the FAA to have such a public role in space issues.  The FAA’s Office of Commercial Space Transportation (AST) facilitates and regulates commercial launches and reentries and is a significant player on the space policy scene, but it is a comparatively small part of the FAA’s portfolio.  On Tuesday, the House Appropriations Committee will markup the bill that funds the FAA (Transportation-HUD).  On Wednesday, the Senate Commerce Committee will hold a hearing on commercial space where NASA and FAA representatives will testify, but not Bolden or Huerta.  Or, for that matter, George Nield, the head of AST.  Instead, Pam Melroy, a former NASA astronaut who serves as a “senior technical advisor” to Nield, is the FAA’s witness.  (Another former astronaut, Michael Lopez-Alegria, also will testify.  He’s now head of the Commercial Spaceflight Federation.)  Huerta is probably saving himself for his confirmation hearing to become the official FAA administrator instead of acting.  That hearing will be held Thursday by the same committee.  Huerta has been acting FAA administrator since Randy Babbitt had to resign in December after being pulled over by police for driving under the influence.  A judge dismissed those charges last month, but Babbitt told the Associated Press he had no regrets about resigning.

Monday, June 18

Tuesday, June 19

Wednesday, June 20

Thursday, June 21