The United States is seeking new bilateral space transparency and confidence building measures (TCBMs) with Russia and China that could lead to multilateral space TCBMs. Garold Larson, Alternative Representative to the United Nations First Committee, laid out these U.S. goals in a statement to the U.N. First Committee in October.

Larson noted that the U.S. and Russia met to discuss bilateral TCBMs in the wake of the collision between a U.S. Iridium satellite and a defunct Russian satellite in February 2009 and welcomed “Russia’s willingness to view this as a ‘teachable moment.'” Later, criticizing China for the debris created by its 2007 antisatellite (ASAT) test, he called on China to provide “greater transparency regarding its intentions for the development, testing, and deployment of direct-ascent ASAT weapons and other elements of its multi-dimensional counter-space program.” He warned that any future Chinese ASAT tests would “undermine the credibility of the PRC’s declaratory statements” condemning the weaponization of space and stressed the importance of Chinese assurances in 2008 that “China will not conduct future ASAT tests in space.”

Bilateral TCBMs with Russia and China could lead to multilateral TCBMs, Larson said, that can increase transparency, reduce uncertainty, and decrease the risk of misinterpretation or miscalculation. He added that the United States would work with the European Union and “other like-minded nations in efforts to advance a set of voluntary TCBMs….”

Larson then stated that the United States will —

• uphold the principles of the 1967 Outer Space Treaty
• continue to support the inherent right of individual or collective self-defense, as reflected in the U.N. charter
• reject limitations on the fundamental right of the United States to operate in, and acquire data from, space
• conduct U.S. space activities in accordance with international law
• highlight the responsibility of states to avoid harmful interference to other nations’ peaceful exploration and use of outer space, and
• take a leadership role in international fora to promote policies and practices aimed at debris minimization and preservation of the space environment.

Highlights of Larson’s statement were outlined by Dick Buenneke, Deputy Director, Space Policy at the State Department’s Office of Missile Defense and Space Policy in a November speech at George Washington University’s Space Policy Institute as previously reported on SpacePolicyOnline.com.

The U.N. First Committee is one of six “main committees” of the United Nations General Assembly. It deals with disarmament and international security.

On the morning of Christmas Eve, the Senate finally adjourned after passing its version of the health care reform bill, wrapping up the first session of the 111th Congress. As one of its last acts, the Senate passed the commercial space launch liability bill, one of only a handful of space-related bills to be considered in 2009. (See our freshly updated fact sheet on major space-related legislation in the 111th Congress.)

Will 2010 be the year of space policy? Many expect President Obama to make decisions about the future of the U.S. human space flight program and hopefully on much broader space policy issues in both the civil and national security arenas. Congress reportedly is working on a NASA authorization bill, and NASA’s appropriators made clear in the Consolidated Appropriations Act that they intend on having a say in the future of the Constellation program. The intelligence authorization bill is in limbo at least in part because of a dispute over what new spy satellites should be developed.

Of the four governmental space-policy related studies initiated in 2009, only one has been publicly released — the “Augustine committee” report Seeking a Human Space Flight Program Worthy of a Great Nation. The other three are:

• the broad review of U.S. space policy led by the National Security Council (NSC) in accordance with Presidential Study Directive (PSD)-3, issued in May 2009;
• a review of export control policies directed by the President in August; and
• DOD’s space posture review, required by sec. 913 of the FY2009 DOD authorization act and due to Congress by Dec. 1, a deadline that obviously has passed.

DOD’s Quadrennial Defense Review also is underway, which is likely to impact DOD space activities.

The Obama Administration has demonstrated that in-depth review and analysis is its style, not quick decisions. One can hardly fault them for that, but the wait can be frustrating, especially with such critical issues to be decided.

Glimpses have emerged of some of the features that will frame an Obama space policy: more international cooperation and greater focus on commercial space activities appear to be key elements. Dick Buenneke, Deputy Director for Space Policy at the State Department, provided other nuggets in a November 17 speech at George Washington University’s Space Policy Institute. In particular, he pointed the audience to a U.S. statement to the United Nations General Assembly that laid out fundamental U.S. policies that he said were shared with allies in Europe and Canada:

• Reject any limitations on the fundamental right of the United States to operate in, and acquire data from, space;
• Conduct United States space activities in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international cooperation and understanding;
• Highlight the responsibility of states to avoid harmful interference to other nations’ peaceful exploration and use of outer space;
• Take a leadership role in international fora to promote policies and practices aimed at debris mimimization and preservation of the space environment; and
• Support for the inherent right of individual or collection self-defense, as reflect in the UN charter.
  

Mr. Buenneke went on to discuss what he labeled as three “c’s” of space — congested, complex, and contested — that illustrate the challenges facing policy makers.

Rumor has it that most of the studies are completed and the subject of intense discussions behind the scenes. We will certainly know more when the FY2011 budget request is released in early February (as some say, rightly or wrongly budgets ARE policy). Whether we learn anything in the intervening weeks only time will tell. Much work needs to be done to ensure — to expand upon the title of the Augustine committee report — a U.S. space program worthy of a great nation.

A recent report from the Government Accountability Office (GAO) shows that the Department of Defense (DOD) has a mixed record of implementing GAO’s recommendations over the past eight years regarding DOD space activities.

GAO’s letter report reviews all 3,099 recommendations that it made to DOD during that time period on all issues, not only those affecting DOD space programs. GAO then categorizes the recommendations as open, closed-implemented, or closed-not implemented. While it is a numerical assessment only, not a substantive assessment of what the recommendations were and the impact of implementing or not implementing them, the summary does provide an interesting glimpse of the extent to which DOD is responsive to GAO.

SpacePolicyOnline.com has extracted the data on recommendations concerning DOD space programs, available in this table. Of the 25 reports that we could identify as being directly related to space activities, GAO counted 16 recommendations as “open,” 43 as “closed-implemented,” and 21 as “closed-not implemented.” Among those “open” are all that were made in four reports GAO issued in FY2008. The reports concerned operationally responsive space (GAO-08-831), low cost space capabilities (GAO-08-516), polar-orbiting environmental satellites (GAO-08-518), and Evolved Expendable Launch Vehicles (GAO-081039). A fifth GAO report in FY2008, on Space Based Infrared System (SBIRS) software, had two recommendations that GAO categorizes as “closed-not implemented.”

GAO was required to submit this report to Congress by language in the FY2010 Concurrent Resolution on the Budget. It does not include classified reports or reports that GAO issued that had no recommendations.

The House passed the conference version of the $636 billion Department of Defense (DOD) appropriations bill (H.R. 3326) today, but without the debt limit increase and a jobs package that had been anticipated as “riders” (unrelated provisions) tacked on. The final version is available on the House Appropriations Committee’s website.

Those two provisions were passed as separate bills. Congress Daily (subscription required) reports, however, that the DOD bill does include two-month extensions of certain health benefits and unemployment insurance and a collection of other provisions — including a short term extension of the Satellite Home Viewer act that needed to be reauthorized by December 31.

In case the Senate does not complete action on the DOD bill by Friday when the current Continuing Resolution (CR) expires, the House also passed a new CR that would keep DOD operating until December 23. The vote on the DOD bill was 395-34.

Secretary of Defense Robert Gates and Director of National Intelligence Dennis Blair will formally agree to a new “statement of principles” for the National Reconnaissance Office (NRO) next week, reports Colin Clark at DODBuzz.com.

NRO builds and operates U.S. reconnaissance satellites and has been under strong criticism for several years as programs have spiraled out of control. A panel chaired by Trey Obering, former director of DOD’s Missile Defense Agency, was set up by Blair to make recommendations on a new charter for NRO. The panel reported its findings earlier this fall. Rumors about the panel’s findings ran the gamut: NRO would significantly lose power and influence, NRO would significantly gain power and influence, or the situation would remain about the same.

The new article from DODBuzz suggests that little has changed. It quotes unnamed sources who say the new principles will give NRO and the NRO Director more power — or not — depending on the source’s point of view.

The Senate Armed Services Committee’s (SASC’s) confirmation hearing for Erin Conaton to be the new Under Secretary of the Air Force opened with an intriguing comment from committee chair Senator Carl Levin (D-MI). He noted that previously the Under Secretary was also designated as DOD’s Executive Agent for Space, but “we do not know yet if Ms. Conaton will exercise this responsibility.”

Ms. Conaton’s written answers to questions asked in advance and posted on SASC’s website note that the Under Secretary serves as the Chief Management Officer of the Air Force, and “if designated by the Secretary of the Air Force, as the Department of Defense Executive Agent for Space.” She further states:

“Currently the organization and management of space issues within the Air Force headquarters is under internal review, as well as through the Quadrennial Defense Review and Space Posture Review processes. These reviews and studies will inform and assist the Air Force in developing the way ahead, to include lines of authority and organizational structures. If confirmed, I would expect to be a major participant in these ongoing processes and would look forward to working with this Committee to understand any new organizational construct or responsibilities that result from these reviews.”

She was asked a number of questions in advance about what she would do if those responsibilities were assigned to her. She was clear that she knows she has much to learn about space programs, but she did say that she would —

• work with other DOD officials to ensure space acquisition planning, programming and budgeting are synchronized to continue to deliver the best space capability to the warfighter, and
• work with others in DOD to shape space policy to maintain continuity of existing space services while improving how the department acquires new space systems.

Ms. Conaton has been serving as staff director of the House Armed Services Committee, which is sometimes at odds with its Senate counterpart, engendering some good natured teasing from Senators Levin and McCain about her nomination. It seemed clear, however, that they and other SASC members support her nomination and those of the other two nominees at the hearing. A webcast of the hearing is available on SASC’s website.

Christopher Shank is joining Honeywell as Director, Civil Space Sales, beginning November 9.

Mr. Shank was NASA’s Chief of Strategic Communications and a key advisor to then-NASA Administrator Mike Griffin. He left the agency early this year to join the Johns Hopkins University Applied Physics Lab (APL). Previously he was on the staff of the House Science Committee.

The Government Accountability Office (GAO) wants the Department of Defense (DOD) to do a better job of ensuring that all three aspects of their space systems — satellites, ground control systems, and user terminals — are synchronized to ensure that full capabilities are provided to warfighters in a timely manner. In a report released on October 30, GAO said:

“DOD does have several efforts in place to help achieve better synchronization. The Air Force has also made some attempts to improve acquisition management and increase oversight of contractors by separating the acquisition of satellites and their ground control systems. However, the outcomes of these efforts are still pending. Moreover, there is a lack of guidance needed to help plan for and coordinate the development of satellite and ground systems and a lack of transparency into costs for ground control systems and user terminals.”

The second Continuing Resolution (CR) for FY2010 cleared Congress yesterday as Division B of the FY2010 Interior-Environment appropriations bill (H.R. 2996). The CR funds agencies whose regular appropriations bills have not yet been enacted. The President will need to sign the bill by midnight tomorrow — Halloween — to keep those agencies operating until December 18, 2009. They include DOD, NASA, NOAA, and NSF.

President Obama signed the Department of Defense (DOD) authorization bill (H.R. 2647) into law today despite an earlier veto threat. The veto threat was prompted by Congress’ inclusion of funding for an alternative engine for the F-35 joint strike fighter that the Administration did not want. The President said the bill “wasn’t perfect” and “There’s still more waste we need to cut….”

He also signed into law the Energy-Water appropriations bill (H.R. 3183) that, among other things, rejects the Department of Energy’s (DOE’s) request to fund a restart of production of plutonium-238 that is needed for some of NASA’s lunar and planetary spacecraft.

Not sure of the difference between an appropriation and an authorization? See our “What’s a Markup?” fact sheet.