Category: Space Law

FAS Succeeds in Getting NGA To Release Unclassified Paper on History of Remote Sensing Satellites

FAS Succeeds in Getting NGA To Release Unclassified Paper on History of Remote Sensing Satellites

It took three years, but Steve Aftergood at the Federation of American Scientists (FAS) finally succeeded in liberating a very useful history of U.S. civilian remote sensing satellites written by Jim Vedda for the National Geospatial-Intelligence Agency (NGA).

Vedda, a veteran space policy analyst who is currently a Senior Policy Analyst for the Aerospace Corporation, wrote the paper in 2009.  Entitled U.S. National Security and Economic Interests in Remote Sensing:  The Evolution of Civil and Commercial Policy, it traces the history of U.S. policy regarding civil and commercial remote sensing satellites from 1960 through 2008.

Aftergood filed a Freedom of Information Act (FOIA) request for the report in 2009 and received a copy today.  The report can be downloaded from the FAS website.

What took NGA three years to release the report remains a mystery.

Senate Debating NDAA, Including ITAR, INKSNA, Launch Liability, and SLS/Orion Funding Amendments

Senate Debating NDAA, Including ITAR, INKSNA, Launch Liability, and SLS/Orion Funding Amendments

The Senate resumed debate today on the FY2013 National Defense Authorization Act (NDAA), S. 3254, which authorizes funding and sets policy for the Department of Defense (DOD), military construction, and military activities of the Department of Energy.   Floor consideration began yesterday.  The House passed its version in May.

Some of the 263 (at last count) proposed amendments would affect space activities and not necessarily only national security space activities.  With few pieces of legislation expected to clear Congress for the rest of this year, the NDAA is being used as a vehicle to deal with a multitude of issues.

Senate Amendment (SA) 3078, for example, introduced by Sen. Hutchison (R-TX), has three major components:

  • extend third party launch liability indemnification from December 31, 2012 to December 31, 2014, in line with a House bill passed earlier this month;
  • extend the waiver from the Iran, North Korea, Syria Nonproliferation Act (INKSNA) from July 1, 2016 to December 31, 2020 that NASA needs in order to enter into new agreements with Russia for International Space Station operations ; and
  • require NASA to fund the Space Launch System and Orion and related ground systems and technology developments in FY2014 and FY2015 at the same proportional levels of the Exploration account as in FY2013.

One complication in the third provision is that the FY2013 funding level is not yet known.  The government, including NASA, is operating on a Continuing Resolution (CR) until March 27, 2013 at FY2012 funding levels.

Senator Bennet (D-CO), along with Sen. Warner (D-VA) and Sen. Rubio (R-FL) introduced SA 3179, the much anticipated Senate amendment to relax export controls for commercial satellites.   The House-passed version of the NDAA adopted language restoring to the President the authority to determine whether satellites are governed by the State Department’s Munitions List and its International Traffic in Arms Regulations (ITAR), or the Department of Commerce’s dual-use Commerce Control List.  It would still prohibit satellite exports to China.  The language of the Bennet amendment is different from its House counterpart, but the goal is the same — to loosen export controls on commercial satellites to make them more competitive on the global market without endangering U.S. national security.

 

Events of Interest: Week of November 26-December 1, 2012

Events of Interest: Week of November 26-December 1, 2012

The following events may be of interest in the coming week.  The House and Senate return to work this week.

Monday, November 26

Tuesday, November 27

Wednesday, November 28

Wednesday-Thursday, November 28-29

Wednesday-Friday, November 28-30

Thursday, November 29

Friday, November 30

Friday-Saturday, November 30 – December 1

 

 

 

Events of Interest: Weeks of November 18-December 1, 2012

Events of Interest: Weeks of November 18-December 1, 2012

The following events may of interest in the coming two weeks.  This is a combined edition because it’s Thanksgiving week and things are rather quiet in the near-term. Congress is in recess for the holiday.  Activity resumes its usual pace next week, though.

During the Week

Two important events will happen this week, however.   First, three International Space Station (ISS) crew members return to Earth tonight (Sunday) at 8:53 pm Eastern Standard Time aboard their Soyuz TMA-05M spacecraft.  NASA TV will cover the undocking and landing live.   The three returning crew members are NASA’s Suni Williams, Japan’s Aki Hoshide, and Russia’s Yuri Malenchenko.

Second, on Tuesday and Wednesday, the European Space Agency’s (ESA’s) Ministerial Council will meet in Italy to decide the near-term future of Europe’s space program.   MInisterial Council meetings take place every 3-4 years, bringing together the relevant government ministers from each of ESA’s member countries.   Twenty countries now belong to ESA — Poland just joined.  Even with so many countries participating, finding money is a challenge and this meeting will determine the fate of a number of ESA’s programs.

Sunday, November 18 (Eastern Standard Time)/Monday, November 19 (local time in Kazakhstan)

Tuesday-Wednesday, November 20-21

Monday, November 26

Tuesday, November 27

Wednesday, November 28

Wednesday-Thursday, November 28-29

Wednesday-Friday, November 28-30

Friday, November 30

Friday-Saturday, November 30 – December 1

 

 

 

Ron Barber Wins Giffords's Congressional Seat

Ron Barber Wins Giffords's Congressional Seat

The Associated Press (AP) has finally called the congressional race in Arizona’s second district, declaring Ron Barber the winner in his contest against Martha McSally.

Barber (D-AZ) will continue to represent the Tucson area.  He was elected to that seat in a special election earlier this year to replace his former boss and friend, Gabrielle Giffords.   Giffords resigned her seat in Congress in January 2012, a year after being shot in the head in an assassination attempt.  Barber, then her district director, was at her side and also wounded in the attack that killed six people attending a “Congress on Your Corner” event at a local grocery store in Tucson.

Giffords is married to former astronaut Mark Kelly and chaired the space and aeronautics subcommittee of the House Science, Space and Technology Committee in the 111th Congress (2009-2010).

Vote counting has taken a particularly long time in the second district and it was a very close race.  The AP concluded that even with some votes not yet counted even now, that McSally could not overcome Barber’s slim lead.   McSally conceded the race this morning.

 

Voters Choose the Status Quo

Voters Choose the Status Quo

The 2012 elections are over and the answer is — more of the same.   President Obama won reelection, the House remains in Republican hands and the Senate is still led by Democrats.

Despite widespread dissatisfaction with partisan bickering and Washington gridlock, the American electorate chose to keep things as they are.

Republican presidential candidate Mitt Romney conceded the race after midnight and President Obama gave his victory speech beginning at about 1:30 am Eastern Standard Time.   President Obama won with a wide lead in the electoral college.  Votes were still being counted in some states, but at the time this article was written, he also had a slight edge in the popular vote.  As for Congress, the exact make-up of the House and Senate is somewhat uncertain as vote counting continues, but all the major news media are reporting that the party majorities have been determined. 

For space policy, the reelection of Senator Bill Nelson (D-FL) was a key race because of his leading role in crafting the 2010 NASA authorization act, a three-year bill that expires at the end of FY2013.   Many in the space policy community anticipate that a new bill will be passed next year, but whether the gridlock that has enveloped Capitol Hill for the past several years will relax enough to allow replacement legislation to pass remains to be seen.   Space is one of the rare bipartisan issues in Congress, but the last two years has seen a dearth of legislation reaching the President’s desk because of more intransigent partisan divides.

Nelson was teamed with Senator Kay Bailey Hutchison (R-TX) in winning Senate passage of the 2010 bill.  With her retirement, he will need another influential Republican Senator to garner Republican votes or at least avoid a filibuster.    Hutchison’s successor is another Republican, Ted Cruz, a tea-party Republican who “came from obscurity a year ago” according to the Houston Chronicle, which endorsed him.  The newspaper said it expected Cruz to represent the interests of Texas, including the space program, but little is available on the public record about his position on NASA and space policy issues.  Hutchison was particularly powerful because she was the top Republican not only on NASA’s authorizing committee, which writes policy, but its appropriations subcommittee that decides how much money NASA gets and how it must be spent.

In the House, Rep. Ralph Hall (R-TX) is expected to lose his chairmanship of the House Science, Space and Technology Committee because of term limits.  Another Texan, Rep. Lamar Smith, is one of three candidates vying to succeed him.  The other two are Rep. James Sensenbrenner (R-WI) and Rep. Dana Rohrabacher (R-CA).  Each would bring a very different leadership style to the committee, so that race is worth watching.

In terms of broad national space policy, however, President Obama’s reelection means stability, a positive development.  Space program advocates often complain that the space program is subject to policy whiplash when new presidents are elected.  With Oval Office continuity assured for another four years, the chief obstacle to forward movement will be budgets.

The fiscal cliff and all the other issues that framed the 2012 campaign still need to resolved as the country awakens to the election results.  There is no magic solution.  The Obama space policy may have a renewed lease on life, but finding the funds to execute the programs it envisions will remain an arduous task.

Events of Interest: Week of October 28-November 2, 2012

Events of Interest: Week of October 28-November 2, 2012

The following events may be of interest in the week ahead.  Congress remains in recess (except for pro forma sessions) until after the elections.

During the Week

For people on the East Coast, all eyes will be on data from NOAA’s weather satellites as “Frankenstorm” bears down on a wide area of the region, including Washington, DC.   Before heading out to any of the Washington-based events listed below, check with the sponsor to be sure it is still being held.   Widespread, multi-day power outages are forecast, which means that some websites — like this one — may not be able to be updated either.   We’ll do our best, though!

Also of particular note, SpaceX’s Dragon spacecraft is due to return from its first operational mission to the International Space Station today.   Splashdown in the Pacific is scheduled for 12:25 pm PT (3:25 pm ET) and will be covered live on NASA TV.

Sunday, October 28

Tuesday, October 30

Tuesday-Wednesday, October 30-31

Thursday, November 1

Friday, November 2

India Wins Manfred Lachs Space Law Moot Court

India Wins Manfred Lachs Space Law Moot Court

The National Law School of India University in Bangalore, India won the Manfred Lachs Space Law Moot Court this year, the first time that the annual competition involved four rather than three regions of the world.   Sponsored by the International Institute of Space Law (IISL), Africa joined North America, Europe and Asia-Pacific as one of the regions fielding teams.

Each region holds initial competitive rounds from which one team each is chosen to advance to the semi-finals.   Those four teams compete in semi-finals, and the two winners move on to the finals, arguing their cases before a panel of three judges from the International Court of Justice (ICJ).  The semi-finals and finals are held in conjunction with the annual IISL colloquium, which is part of the International Astronautical Congress (IAC).  The IAC was held in Naples, Italy this year.

The winners of the African round were from the Obafemi Awolowo University in the City of Ile-Ife, Nigeria, and initially were denied visas to enter Italy.  The situation was resolved only at the last minute and the team arrived just hours before its semi-final began.

The Nigerian team unsuccessfully faced off against the winner of the Asia-Pacific round, India.   In the other semi-final competition, the winner of the European round, the National & Kapodistrian University of Athens, Greece, won over the North American team from the University of California at Davis.    Thus the final match was India versus Greece. 

The Indian team won not only the overall competition, but the Eilene M. Galloway award for best brief and the Sterns & Tennen award for best oralist.

In all, 54 universities around the world fielded teams as part of this competition, which involved a hypothetical case where one country removed another country’s satellite from orbit without authorization because the first country decided the satellite was a space debris hazard.

The case for the 2013 Manfred Lachs Moot Court has been published on IISL’s website.  The finals will be held in Beijing, China in October 2013 in conjunction with the next IISL colloquium.

Top Democratic House Appropriator Warns about Sequestration

Top Democratic House Appropriator Warns about Sequestration

Rep. Norman Dicks (D-WA), the top Democrat on the House Appropriations Committee, is warning about the impact of sequestration not only on the defense budget, but to non-defense agencies like NASA and NOAA as well.

With the clock ticking down to January 2, 2013 when sequestration goes into effect (unless Congress acts to prevent it), focus is broadening to include its impact on non-defense agencies.   Until now, the 9.4 percent cut to the defense budget has been drawing the most attention, but all other government agencies in the so-called discretionary part of the budget will be hit with an 8.2 percent cut.   A report released by the Office of Management and Budget (OMB) last month spells out the cuts by budget account in every affected agency.

Republicans and Democrats are both using the sequestration drama as part of their political toolboxes for the upcoming elections with each blaming the other for the inability to agree on another method for reducing the deficit.  Dicks released a “dear colleague” letter on October 9 on the “consequences” of sequestration.    After reviewing the oft-recited dangers to the DOD budget, he moves on to homeland security, public safety, protection of financial markets, international affairs, education, “health, science, and innovation,” and safety-net programs.

The impact on non-defense space programs is mentioned under both public safety and in health, science and innovation.

Concerning public safety, Dicks points to cuts in NOAA’s procurement of weather satellites that would cause “a 2- to 4-year period in which weather data from NOAA’s polar orbiting satellite [sic] would be unavailable, putting American communities at greater risk from tornadoes, hurricanes and other weather events.”

As for NASA, he writes that “Funding cuts would cripple NASA’s efforts to establish U.S. commercial capability to transport American astronauts to the International Space Station” and “effectively extend the period of U.S. dependence on Russia.”  That means it would not be “true savings” since the United States would have to pay “at least $63 million per seat” to Russia.

Dicks is in his final months as a Member of Congress.  He announced plans to retire earlier this year.  He was first elected to Congress in 1976 and rose through the ranks of the appropriations committee, chairing the Interior Subcommittee and later the Defense Subcommittee when Democrats were in control.  He is currently ranking member on the defense subcommittee as well as on the full committee.

 

Events of Interest: Week of October 14-20, 2012 – UPDATE

Events of Interest: Week of October 14-20, 2012 – UPDATE

UPDATE:   This is Earth Science Week and information about related events has been added in the “During the Week” section.

The following events may be of interest in the week ahead.   Congress remains in recess (except for pro forma sessions) until after the elections.

During the Week

October 14-20 is Earth Science Week, an annual celebration established in 1998 by the American Geophysical Union to help children, students and the general public understand how geoscientists collection information about the planet, according a NASA website.  NASA is planning a number of Internet-based events as well as a Univisión radio interview in Spanish on Tuesday with scientists Erika Podest and Miguel Romain.   The list of NASA-sponsored events is on our calender.  This year NASA is reaching out to the Spanish-speaking community not only with Tuesday’s radio interview on Univisión, but a dedicated section of its Earth Science Week website in Spanish.

Sunday-Friday, October 14-19

  • DPS 2012 (Division on Planetary Science of the American Astronomical Society), Reno, NV

Monday-Thursday, October 15-18

Tuesday, October 16

Wednesday-Thursday, October 17-18

  • ISPCS 2012 (International Symposium for Personal and Commercial Spaceflight), Las Cruces, NM

Thursday, October 18