Category: Space Law

U.N. Group Reaches Consensus on TCBMs for Space Activities

U.N. Group Reaches Consensus on TCBMs for Space Activities

A special United Nations group of experts has reached consensus on Transparency and Confidence Building Measures (TCBMs) for space activities. 

In a statement, the U.S. State Department commended the U.N. Group of Governmental Experts (GGE) for reaching “landmark consensus” during meetings last week in New York.  The State Department explained that the GGE recommended that countries and international organizations “consider and implement a range of measures to enhance the transparency of outer space activities, further international cooperation, consultations, and outreach, and promote international coordination to enhance safety and predictability in the uses of outer space.”  The TCBMs would be implemented on a voluntary basis.

Fifty years ago, in December 1963, the U.N. General Assembly (UNGA) adopted principles that ultimately were codified in the 1967 Outer Space Treaty, which 102 countries had signed and ratified as of January 2013 (another 26 countries have signed it).  Among the principles are that exploration and use of outer space shall be for the benefit of, and in the interests of, all countries.  The State Department said that the GGE consensus “sends a strong signal” that countries “must remain committed to enhance the welfare of humankind by cooperating with others to maintain the long-term sustainability, safety, security, and stability of the space environment.” 

The Obama Administration made TCBMs a centerpiece of its strategy for working with other countries to ensure “space sustainability” — an effort to ensure that space can be utilized in the long-term by improving cooperation and reducing the risks of misunderstanding and miscommunication.   The Secure World Foundation has several fact sheets explaining space sustainability and TCBMs.

Avoiding the creation of space debris is probably the best known example of space sustainability.  Though the term reflects much broader aspirations, the literal explosion of threats to space operations from space debris catalyzed the debate over space sustainability after China’s test of an anti-satellite (ASAT) device against one of its own satellites in 2007 created more than 3,000 pieces of debris and the accidental collision of an operational U.S. Iridium commercial communications satellite and a defunct Russian government satellite in 2009 created even more.

The United States led the effort to establish the 15-member GGE, which was officially created by UNGA Resolution A/RES/65/68 in January 2011.  Russia chaired the group; the other 14 members were  Brazil, Chile, China, France, Italy, Kazakhstan, Nigeria, South Korea, Romania, South Africa, Sri Lanka, Ukraine, United Kingdom, and United States.  It completed its work on July 12, 2013 according to the U.N. and will submit its study to the UNGA at its 68th session this fall. 

House and Senate Committee Actions Today Highlight Divide on NASA Funding

House and Senate Committee Actions Today Highlight Divide on NASA Funding

The Senate Appropriations Committee and the House Science, Space and Technology (SS&T) Committee each marked up their NASA bills today.  The markups themselves, not to mention the funding figures therein, demonstrate the magnitude of the divide between the two chambers on NASA’s FY2014 funding prospects.

Appropriations committees determine how much funding agencies like NASA will get.   Authorization committees, like the House SS&T Committee, set policy and recommend funding levels; they do not have any money to spend, however.

The latter point was stressed by Democrats on the House SS&T Committee who unsuccessfully sought to restore funds to NASA that were cut in the Republican version of the 2013 NASA authorization bill.  That bill (H.R. 2687) recommends that NASA receive $16.9 billion for FY2014, a significant cut from the President’s request of $17.7 billion.  Among the 35 amendments offered by Democrats today was a complete substitute for the Republican bill, crafted by Rep. Donna Edwards (D-MD), that recommended $18.1 billion.  Edwards is the top Democrat on the Space Subcommittee and she has introduced her plan as a separate bill, H.R. 2616.  She offered it as an amendment during subcommittee markup last week and again today.  It was defeated both times.  Her argument is that authorization committees need to set vision and goals and recommend the funding levels needed to achieve them, not focus on whether those funding recommendations fit within a specific budget envelope.  That is the job of appropriators, she insists.

Republicans remained adamant during markup today that their funding figures conform with the 2011 Budget Control Act and adopting the Democratic recommendations would be irresponsible.   The Republican version of the bill was approved by the committee on a party-line vote.  The top Democrat on the full committee, Rep. Eddie Bernice Johnson (D-TX), made an impassioned opening statement calling it a “terribly flawed piece of legislation.”  After it was reported from committee, committee Democrats issued a press release saying that Republicans had “set NASA up to fail.”  A major Democratic complaint is that the Republican bill does not provide the funding NASA needs to achieve the tasks required therein.   For their part, committee Republicans lauded their bill as making tough choices.  “That is our priority — to take the initiative, make decisions and govern,” committee chairman Lamar Smith (R-TX) said.

Meanwhile, across Capitol Hill, the Senate Appropriations Committee made short work of marking up the Commerce-Justice-Science (CJS) bill, which includes NASA.  The bill was marked up at subcommittee level on Tuesday in just a few minutes and the same was true this morning at the full committee level.  What little discussion there was focused on Department of Justice programs, not NASA or the other science and technology agencies in the bill.   The top Republican on that committee, Sen. Richard Shelby (R-AL), reiterated that he will vote against the bill when it reaches the Senate floor because the $18.1 billion it approves is too high in his opinion, but he agrees with the priorities it sets and offered no amendments.

The current status of NASA’s FY2014 funding bills is as follows:

  • House:   The House Appropriations Committee yesterday approved $16.6 billion for NASA, even less than the $16.9 billion recommended by the House SS&T committee today in H.R. 2687.
  • Senate:  The Senate Appropriations Committee today approved $18.1 billion for NASA, the same as what is recommended in the Senate version of the authorization bill (S. 1317) introduced by Senators Bill Nelson and Jay Rockefeller yesterday. (It is also the same as the Edwards bill in the House, H.R. 2616.)

It is difficult to see how the House-Senate differences, which are Republican-Democratic differences, will be resolved.  The Republican-controlled House is working on total government funding figures approved in the House Budget Resolution that require cuts to agencies like NASA even more severe than what is required by the sequester.   The Democratic-controlled Senate made fundamentally different assumptions in its Budget Resolution, which is why Senate appropriators have much more money to work with.  As Politico commented at the time, the two Budget Resolutions “aren’t even apples and oranges.  They’re more like apples and bicycles.”

 

Senate Appropriations Subcommittee Approves $18 Billion for NASA in FY2014

Senate Appropriations Subcommittee Approves $18 Billion for NASA in FY2014

The Senate appropriations subcommittee with jurisdiction over NASA approved $18 billion for the agency for FY2014 this morning, a significant increase over the level recommended by its House counterpart last week and more than the Obama Administration requested.

The Senate Appropriations Commerce-Justice-Science (CJS) subcommittee, chaired by Senator Barbara Mikulski (D-MD), who also chairs the full committee, approved the bill with little discussion in a short markup session.  Full committee markup is scheduled for Thursday at 10:00 am ET.

Little mention was made of NASA during the markup and the press release provides few details.   The subcommittee approved $18 billion for FY2014, an increase above the $17.7 billion requested by the Obama Administration and significantly more than the amount approved by its House counterpart — $16.6 billion (the full House Appropriations Committee will consider its subcommittee’s recommendations tomorrow, but major changes are not expected).

What can be gleaned so far from the Senate subcommittee’s action this morning is that NASA would receive $18 billion.  The press release adds that the funds:

  • will “preserve a NASA portfolio balanced among science, aeronautics, technology and human space flight investments”;
  • includes $373 million more for Science than the House CJS subcommittee’s recommendation; and
  • provides $597 million more [presumably more than the House subcommittee] “to let humans explore beyond low Earth orbit while safely sending our astronauts to the space station on U.S. made vehicles.”

Senator Richard Shelby (R-AL), ranking member of the subcommittee and of the full committee, said during the markup that the bill also includes language to increase transparency in the commercial crew program.  Shelby added that although the bill was developed in a bipartisan manner and he agrees with its priorities, because the total funding level that was allowed under the Senate Budget Resolution is too high in his opinion, he plans to vote against it.  The total amount of funding provided by the bill is $52.3 billion.

Space Policy Events for the Week of July 15-19, 2013 – UPDATE

Space Policy Events for the Week of July 15-19, 2013 – UPDATE

UPDATE:   The Senate Appropriations Committee’s full committee markup of the CJS bill on Thursday has been added.

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

During the Week

The FY2014 Commerce-Justice-Science (CJS) appropriations bill that funds NASA and NOAA will take another step forward in the House this week and begin its trek in the Senate.  On Wednesday, the full House Appropriations Committee will take up the recommendations made by its CJS subcommittee last week, which include a substantial cut to NASA ($16.6 billion instead of the $17.7 billion requested) and a more modest cut to NOAA ($4.9 billion instead of the $5.5 billion requested).   That’s the day in-between when the Senate Appropriations CJS subcommittee (Tuesday) and full committee (Thursday) will markup its version of the bill.  The Senate is expected to be more generous because the Senate Budget Resolution approved higher figures for what the appropriators are allowed to spend versus their House counterparts.   Eventually, of course, the two sides will have to agree.

Meanwhile, 2,000 miles away from Washington, in Denver, the American Astronautical Society will be holding the second International Space Station (ISS) Research and Development conference Tuesday through Thursday.   The conference will highlight the research being conducted aboard the ISS.   Now that the ISS is built and operating, its utility as a space-based laboratory must be demonstrated, especially if the case is to be made to extend operations beyond 2020.  The international partnership has agreed to that many years of operations, but NASA in particular is hoping to extend that to 2028, which will be the 30-year mark for when the first module was launched.  The first morning of the AAS conference — which includes keynotes by ISS Program Manager Mike Suffredini and NASA Associate Administrator for Science John Grunsfeld — will be webcast this year beginning at 10:00 am ET (8:00 am local time in Denver).  See the AAS website for information on how to tune in.

Monday, July 15

Monday-Tuesday, July 15-16

Monday-Wednesday, July 15-17

Monday-Friday, July 15-19

Tuesday, July 16

Tuesday-Wednesday, July 16-17

Tuesday-Thursday, July 16-18

Wednesday, July 17

Thursday, July 18

Friday, July 19

Space Policy Events for the Week of July 8-12, 2013

Space Policy Events for the Week of July 8-12, 2013

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

During the Week

Near Earth Objects (NEOs) — particularly asteroids — are a major topic of debate in Washington space policy circles this week.  From the Secure World Foundation/American Association for the Advancement of Science (SWF/AAAS) panel discussion on Monday, to the day-long Target NEO 2 Workshop on Tuesday, to the markup of the NASA authorization and appropriations bills on Wednesday, to the two-day SBAG meeting on Wednesday and Thursday, what to do about asteroids will be on many minds.   Part of the discussion concerns searching for NEOs either for scientific study or to “find them before they find us” planetary defense scenarios, while another is whether to approve the Obama Administration’s latest human spaceflight goal — ARM (the Asteroid Retrieval Mission or Asteroid Return Mission or Asteroid Redirection Mission).  The FY2014 budget request for NASA includes $105 million to augment NASA’s NEO searches ($20 million in addition to an existing $20 million), develop technology to send a robotic probe to capture an asteroid ($45 million) and nudge it into lunar orbit, and perform studies ($40 million) on how astronauts could use the Orion spacecraft and Space Launch System to visit that asteroid and return a sample.

ARM is a tiny part of NASA’s overall FY2014 budget request of $17.715 billion.   How much the agency will get for FY2014 is expected to be highly controversial in the House authorization and appropriation bill markups by the Space Subcommittee of the House Science, Space and Technology (SS&T) Committee, and the Commerce-Justice-Science (CJS) subcommittee of the House Appropriations Committee, respectively.  The CJS subcommittee also will be marking up NOAA’s FY2014 budget, which is in the same bill as NASA.  The House committees are working under budget numbers in the House Budget Resolution that passed in March that generally protect defense spending by taking larger cuts from non-defense spending, like NASA and NOAA.  The draft House NASA authorization bill would give the agency $16.865 billion for FY2014 and FY2015, a significant cut from the request that would affect many NASA programs.  The draft House bill particularly singles out NASA’s earth science program for cuts.

Meanwhile, another House SS&T subcommittee will markup up the Weather Forecasting Improvement Act on Tuesday.  It is broadly focused on weather forecasting at NOAA, not specifically weather satellites, although it does include language that clarifies what the government can do in terms of commercial data buys and hosted payloads.

Monday, July 8

Tuesday, July 9

Wednesday, July 10

Wednesday-Thursday, July 10-11

Friday, July 12

 

Space Policy Events for the Weeks of July 1-12, 2013

Space Policy Events for the Weeks of July 1-12, 2013

Things are pretty quiet in the upcoming week because of the July 4th holiday (the House and Senate are both in recess and lots of people are on vacation), so we are combining the next two weeks for this edition of “events of interest.”

July 3-5, Wednesday-Friday

July 8, Monday

July 9, Tuesday

July 10, Wednesday

July 10-11, Wednesday-Thursday

July 12, Friday

House Hearing Shows Opposition to Asteroid Mission, Divisions on Draft Bill

House Hearing Shows Opposition to Asteroid Mission, Divisions on Draft Bill

The House subcommittee hearing on a draft 2013 NASA Authorization Act this morning showed continued skepticism about or opposition to the Obama Administration’s proposed asteroid initiative.  It also revealed that even some Republicans on the subcommittee object to certain provisions of the draft bill.

Rep. Steve Palazzo (R-MS), chairman of the Space Subcommittee of the House Science, Space and Technology Committee, began the hearing by praising the committee’s outreach efforts in drafting the bill saying that it was the result of “input from a wide variety of interests throughout the science and space communities.”   Somewhat surprisingly then, not only did subcommittee Democrats and both witnesses — NASA Advisory Council Chairman Steve Squyres and retired industry executive Tom Young — express deep reservations about the bill, but the subcommittee’s vice chairman, Rep. Mo Brooks (R-AL), said he “may have to oppose it.”  

Brooks’s complaint is the $1.4 billion for the Space Launch System (SLS) included in the bill is insufficient.  He read from an email sent by former NASA Administrator Mike Griffin and a letter from an unnamed former NASA official both insisting that a minimum of $1.8 billion is needed for that program.  SLS is being built at Marshall Space Flight Center, which Brooks represents.

The total amount of funding provided by the bill is $16.865 billion for FY2014 and for FY2015.  A provision in the bill says that if Congress repeals or replaces the sequester and additional funds become available, they are to be spent 50 percent for the International Space Station (ISS), 25 percent for commercial crew, and 25 percent for SLS.

Not everyone on the committee is a fan of SLS, however.   Rep. Dana Rohrabacher (R-CA), vice chairman of the full committee and a strong supporter of commercial space, called it the “SLS Titanic,” saying it is not sustainable and will drain money from everything else.  He asked Squyres, who is best known as the principal investigator for the Mars rovers Spirit and Opportunity, if SLS is a prerequisite for sending people to Mars.  Squyres said that some sort of heavy lift rocket is needed, but his main concern is that NASA is being asked to do too much with too little:  “We can afford to utilize the space station…. We can afford to develop SLS and to do it on a safe and reasonable schedule. But I don’t see that we can do both.”  Squyres also expressed concern about the low launch rate expected for SLS — perhaps one launch every two years — an issue he has emphasized in the past

Later, Rep. Bill Posey (R-FL) asked Squyres and Young when we could send people to Mars if we started right now.    Squyres asked “with the current budget?” and then turned to Young, who quickly responded “never.”  Squyres added “I agree.”

The draft bill would set in law a policy that the goals of NASA’s human spaceflight program are human missions to lunar orbit, the surface of the Moon and the surface of Mars, “and beyond” and require NASA to establish a program for a sustained human presence on the Moon and the surface of Mars.  NASA would be required to develop a Mars Human Exploration roadmap within one year and specific details of that roadmap are spelled out.    It also includes details about ISS utilization and the commercial crew program, including setting a deadline of December 31, 2017 for a flight readiness demonstration by when one or more commercial crew partners will have successfully transported astronauts to the ISS.

The hot topic in human spaceflight right now, however, is NASA’s proposal to send a robotic probe to capture an asteroid, direct it into lunar orbit, and send astronauts to study it and return a sample.   The terms Asteroid Return Mission, Asteroid Retrieval Mission, and Asteroid Redirect Mission are used interchangeably to refer to this concept and dubbed ARM.  ARM is part of an Asteroid Initiative that in turn is part of an Asteroid Strategy.   NASA held a half-day meeting yesterday to make the case for the initiative (see the video on YouTube), which would involve the public in searching for asteroids.  NASA also issued a Request for Information (RFI) to solicit ideas on how to carry out ARM.  Replies are due by July 18, 2013.

The draft bill, however, specifically prohibits NASA from spending any funds on ARM, and no Members or witnesses defended the concept.   As he has said previously, Squyres believes the human spaceflight program should be focused on sending people to Mars and does not see that ARM advances that goal.  At the hearing today he added that NASA should be allowed to make its case, but “I haven’t heard it yet.”  Young said that whatever resources are provided to NASA should be spent on “highest priority endeavors” and in his judgment ARM is not one of them.

The top Democrats on the full committee, Rep. Eddie Bernice Johnson (D-TX), and subcommittee, Rep. Donna Edwards (D-MD), listed a number of concerns about the draft bill.  Edwards said that it appears to “shift the emphasis of NASA’s core mission to human spaceflight” rather than the multi-mission agency NASA is required to be under the 1958 NASA Authorization Act (as amended).  Johnson said the bill creates “unfunded mandates” and despite putting NASA’s budget “on a path of declining purchasing power for the foreseeable future, it … directs NASA to establish major new programs — not just goals — for sustained human presences on both the Moon and Mars.”

Johnson and Edwards objected to the $16.865 billion funding level — a cut of almost $1 billion from the request of $17.715 billion (the amount is level with what NASA received for FY2013 after adjustments for the sequester) — and to dramatic cuts to NASA’s Earth science budget and reductions to space technology.  In the bill, Earth science would receive $650 million less than the FY2014 request, a one-third cut, and Edwards said space technology is focused only on exploration goals.  She and Johnson noted that the subcommittee had not heard from the Earth science or space technology communities and called for hearings on those topics.

Johnson decried the “arbitrary” deadline for the commercial crew flight demonstration, arguing that it evokes the “schedule pressure” that the Columbia Accident Investigation Board (CAIB) warned against in its review of the space shuttle Columbia tragedy.  

“This is not a bill ready for markup,” Johnson asserted, and “will be DOA in the Senate.”   

Less than an hour later, Senator Bill Nelson (D-FL), chairman of the companion subcommittee in the Senate, said exactly that in remarks to a Space Transportation Association luncheon.   He vowed that he would not accept a budget level of $16.8 billion for NASA, saying it “would run NASA into a ditch.”  He particularly objected to the proposed cuts to Earth science.   He said that the full Senate Commerce Committee hopefully will mark up its version of a NASA authorization bill by mid-July, but hinted that it might be a partisan debate.

As for the House bill, one area where everyone did seem to agree is that the Obama Administration’s proposed reorganization of Science, Technology, Engineering and Mathematics (STEM) education programs is unacceptable.  Palazzo called it “poorly conceived” and “not ready for implementation.”  The draft bill would retain the current funding and structure of education programs in NASA.  Squyres called the administration’s proposal “deeply misguided.”

Except for that issue, however, there seemed little agreement on what the bill should say.  Squyres and Young expressed many reservations about other aspects of the bill, as well, particuarly stressing that  NASA should be allowed to deal with the technical aspects of programs rather than setting detailed requirements in legislation.  In reply to Rep. Steve Stockman (R-TX), they both also said that the White House Office of Management and Budget (OMB) is too deeply involved in “minute” details of NASA programs.  Squyres said that in the past OMB and Congress set high level goals, while NASA implemented programs, but the “level of detailed oversight” today is “unprecedented” and “detrimental” to the agency.

A webcast of the hearing, opening statements by Palazzo, Johnson and Edwards, and prepared statements by the witnesses are on the Republican and Democratic committee websites.

 Correction:  An earlier version of this article mistakenly stated that the total amount authorized in the bill was $16.845 billion instead of $16.865 billion.

Transportation and Commerce Departments One Step Closer to New Leadership

Transportation and Commerce Departments One Step Closer to New Leadership

The Senate Commerce, Science and Transportation Committee today approved the nominations of Anthony Foxx to be Secretary of Transportation and Penny Pritzker to be Secretary of Commerce.

The votes were unanimous.  Committee chairman Jay Rockefeller (D-WV) said both were “excellent nominees” with “strong bipartisan support” and urged his colleagues to quickly schedule a floor vote to confirm them.

Both departments play important roles in space policy.   The Department of Transportation is home to the Federal Aviation Administration (FAA) and its Office of Commercial Space Transportation (AST).   AST facilitates and regulates the commercial space launch business.

The Department of Commerce is the parent of the National Oceanic and Atmospheric Administration (NOAA), which operates the nation’s weather satellites and licenses commercial remote sensing satellites, and the National Telecommunications and Information Administration (NTIA), which oversees federal government use of spectrum.   It also is in charge of exports of dual use items and is working with the State Department in the effort to transition commercial satellites from the State Department’s Munitions List and its International Traffic in Arms Regulations (ITAR) to the Commerce Department’s less strict Commerce Control List.   The Secretary of Commerce position has been vacant for a year.  Deputy Secretary Rebecca Blank was serving as acting Secretary, but she recently left the Administration to become Chancellor of the Unviersity of Wisconsin-Madison.

Space Policy Events for the Week of June 10-14, 2013

Space Policy Events for the Week of June 10-14, 2013

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

Monday, June 10

Tuesday, June 11

Tuesday-Friday, June 11-14

Wednesday, June 12

Wednesday-Friday, June 12-14

Thursday, June 13

Friday, June 14

 

HASC Wants Answers on DOD Use of Foreign Commercial Satellites

HASC Wants Answers on DOD Use of Foreign Commercial Satellites

House Armed Services Committee (HASC) Chairman Howard “Buck” McKeon (R-CA) has released the text of the draft FY2014 National Defense Authorization Act (NDAA) his committee will markup on Wednesday.  Among the provisions in the 426-page bill, H.R.1960, is one that requires the Secretary of Defense (SecDef) to answer questions about why DOD leases communications satellite services from certain countries subject to U.S. sanctions.

At a hearing before HASC’s Strategic Forces subcommittee in April, Deputy Assistant Secretary of Defense for Space Policy Doug Loverro revealed that DOD is leasing services on a Chinese-owned communications satellite.   The revelation came as a surprise considering that many House Republicans are opposed to civilian space cooperation with China and the law prohibits NASA and the White House Office of Science and Technology Policy (OSTP) from spending any money in connection with China unless certain conditions are met.  No similar restrictions have been placed on DOD, however.  At least not yet.

Noting that 40 percent of DOD’s satellite communications are provided through commercial satellites, the draft bill requires the SecDef to explain why DOD uses satellite services from “certain foreign providers.”  The bill identifies those as countries subject to sanctions and laws such as section 1261(c)(2) of the FY2013 NDAA and the Iran, North Korea, Syria Nonproliferation Act (INKSNA).   “While the committee has received some information from the Department … the responses to straight-forward questions have changed over time.  The committee is disappointed by the Department’s lack of clarity … and … concerned that the Department has not established effective management controls over commercial satellite leases, and in particular, ones regarding certain foreign providers.”

Among the topics the SecDef is required to address is why “other commercial or U.S. Government providers, including the Operationally Responsive Space office, were not available or tasked to fill the requirement.”  The fate of the Operationally Responsive Space (ORS) office itself was not addressed in either the draft bill or a summary of its main provisions released by HASC today.   Congress rejected DOD’s proposal to terminate ORS last year, but the Air Force has again proposed terminating it this year.  In the material released today, it does not appear that HASC is changing any of the funding requests for DOD space activities.

On other commercial space matters, the summary of main provisions says that the bill requires DOD to “develop a strategy to lower the cost, through multi-year procurement, of commercial satellite services.”  Separately it “reforms DoD’s business process with commercial satellite companies ensuring that strategic competitors do not gain inadvertent access to vital systems or information.”  Details on what the committee has in mind on those two fronts hopefully will be in the report to accompany the bill, which was not released today. 

Overall, the bill would provide $552.1 billion for national defense (of which $526.6 billion is for the core DOD budget) plus $85.8 billion for Overseas Contingency Operations (e.g. the war in Afghanistan).  The $85.8 billion is $5.1 billion more than the President’s request.  McKeon said the funding figures are consistent with the House-passed budget resolution, but Jeremy Herb, writing for the The Hill newspaper, reports that the $526.6 billion for the core DOD budget is $52 billion above the spending cap in the 2011 Budget Control Act that created sequestration.  “If the budget stays over the caps and sequester is not reversed, the Pentagon would face another across-the-board cut,” Herb says.

Full committee markup begins at 10:00 am ET on Wednesday and will be webcast on the committee’s website.