Res Communis

H.R.1105: Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes

by P.J. Blount with the blog faculty

H.R.1105: Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes was introduced on February 23, 2008 by Rep. James Obey. The bill includes FY2009 funding for NASA:

National Aeronautics and Space Administration

science

For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,503,019,000 to remain available until September 30, 2010.

aeronautics

For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $500,000,000 to remain available until September 30, 2010.

exploration

For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management, personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,505,469,000 to remain available until September 30, 2010.

space operations

For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities including operations, production, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $5,764,710,000, to remain available until September 30, 2010: Provided, That of the amounts provided under this heading, $2,981,724,000 shall be for Space Shuttle operations, production, research, development, and support, $2,060,162,000 shall be for International Space Station operations, production, research, development, and support, and $722,824,000 shall be for Space and Flight support.

education

For necessary expenses, not otherwise provided for, in carrying out aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $169,200,000, to remain available until September 30, 2010.

CROSS AGENCY SUPPORT

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $70,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,306,387,000, to remain available until September 30, 2010: Provided, That $2,024,000,000, together with not more than $9,000,000 to be derived from receipts pursuant to 42 U.S.C. 2459j, shall be available for center management and operations: Provided further, That notwithstanding 42 U.S.C. 2459j, proceeds from enhanced use leases that may be made available for obligation for fiscal year 2009 shall not exceed $9,000,000: Provided further, That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to 42 U.S.C. 2459j: Provided further, That not less than $45,000,000 shall be available for independent verification and validation activities, of which $5,000,000 shall be available to develop core verification and validation competencies with small businesses, and $40,000,000 shall be available for operations of the independent verification and validation facility: Provided further, That within the amounts appropriated $67,500,000 shall be used for the projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $33,600,000, to remain available until September 30, 2010.

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the duration of availability of funds appropriated to the National Aeronautics and Space Administration for any account in this Act, except for `Office of Inspector General’, when any activity has been initiated by the incurrence of obligations for construction of facilities or environmental compliance and restoration activities as authorized by law, such amount available for such activity shall remain available until expended. This provision does not apply to the amounts appropriated for institutional minor revitalization and minor construction of facilities, and institutional facility planning and design.

Notwithstanding the limitation on the availability of funds appropriated to the National Aeronautics and Space Administration for any account in this Act, except for `Office of Inspector General’, the amounts appropriated for construction of facilities shall remain available until September 30, 2011.

Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn.

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.

Notwithstanding any other provision of law, no funds shall be used to implement any Reduction in Force or other involuntary separations (except for cause) by the National Aeronautics and Space Administration prior to September 30, 2009.

The unexpired balances of the Science, Aeronautics, and Exploration account, for activities for which funds are provided under this Act, may be transferred to the new accounts established in this Act that provide such activity. Balances so transferred shall be merged with the funds in the newly established accounts, but shall be available under the same terms, conditions and period of time as previously appropriated.

For the closeout of all Space Shuttle contracts and associated programs, amounts that have expired but have not been cancelled in the Human Space Flight, Space Flight Capabilities, and Exploration Capabilities appropriations accounts shall remain available through fiscal year 2015 for the liquidation of valid obligations incurred during the period of fiscal year 2001 through fiscal year 2009.

Funding designations and minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this title for the National Aeronautics and Space Administration.

The Administrator of NASA shall, not later than February 2, 2009, submit to the appropriate committees of Congress a report that delineates by fiscal year, mission directorate and object class the full costs necessary for Space Shuttle retirement and transition activities for fiscal years 2006 through 2015 that includes, but is not limited to, the following:

(1) the costs for environmental compliance and remediation;

(2) the gross and net proceeds from exchange sales of excess Space Shuttle equipment;

(3) the costs to maintain required facilities at Kennedy Space Center during the gap in human space flight;

(4) the costs associated with preservation of historic properties;

(5) the costs of workforce transition; and

(6) other costs related to Space Shuttle retirement and transition.

Jeff Foust has a lot of information on this bill at Space Politics.

South Korea Warns that North Korean Space Launch Would Violate UN Security Coucil Resolution

by P.J. Blount with the blog faculty

From RIA Novosti:

South Korea warns North satellite launch would breach UN order
17:18 | 24/ 02/ 2009

MOSCOW, February 24 (RIA Novosti) – The launch of even a non-military satellite by North Korea would be considered a breach of a UN Security Council resolution, South Korea’s ambassador to Russia told journalists on Tuesday.

Earlier on Tuesday, a spokesman from North Korea’s Committee on Aerospace Technologies said preparations were underway on the eastern coast of the country to launch a telecommunications satellite, though no date was named.

“Any rocket with a range of over 300 kilometers [185 miles] may be considered ballistic,” Li Gyu Hyen said. “Therefore, if North Korea launches a carrier rocket with a satellite, it would be considered a breach of the UN Security Council resolution.” . . .[Full Story]

Hearings in Nigeria over NigComSat-I

by P.J. Blount with the blog faculty

From the Nigerian newspaper Punch:

Reps make U-turn on $251.6m NigComSat-I project
By John Ameh
Published: Monday, 23 Feb 2009

The House of Representatives may pass a resolution asking the Federal Government to launch more communication satellites into orbit to strengthen Nigeria’s participation in space exploration.

Its Committee on Science and Technology, which is probing the failure of the country’s first commercial satellite – Nigeria Communication Satellite-I – is backing plans by the National Space Research and Development Agency and the Nigeria Communication Satellite Limited to embark on the building of NigComSat-II and NigComSat-III.

NigComSat-I, which was launched into orbit on May 13, 2007, in the twilight of the administration of former President Olusegun Obasanjo, cost the country about $251.6m.

The spacecraft, however, failed and was de-orbited about 18 months later in November 2008.

The committee, headed by Mr. Abiodun Akinlade, conducted a two-day public hearing on the failure of NigComSat-I last week in Abuja.

A former Minister of Science and Technology, Prof. Turner Isoun, who testified before the panel, had disclosed that the Federal Government knew that the project could fail but still went on with it because it wanted to prepare Nigeria for a future that would be controlled by space technology. . . .[Full Story]

European Parliament resolution of 19 February 2009 on the European Security Strategy and ESDP (2008/2202(INI))

by P.J. Blount with the blog faculty

The Parliament of the European Union adopted European Parliament resolution of 19 February 2009 on the European Security Strategy and ESDP (2008/2202(INI)) on February 19, 2009. The resolution contains several references to space:

19. Is of the opinion that, in addition to the challenges identified in the ESS as adopted in 2003, the security interests of the Union include the protection of its citizens and its interests inside the EU as well as abroad, the security of its neighbourhood and the protection of its external borders and critical infrastructure, as well as the improvement of its cyber security, the security of energy supply and sea lanes, the protection of its space assets and protection against the consequences of climate change;

and:

24. Congratulates the recent French EU Presidency for its initiatives concerning ESDP; takes note of the High Representative’s above-mentioned report of 11 December 2008 on the implementation of the ESS as endorsed by the European Council, and welcomes the fact that many recommendations from Parliament’s previous reports on the ESS and the ESDP have been taken up, particularly as regards:
– cyber security;
– energy security, including supplies to Europe;
– unresolved regional disputes in the EU’s neighbourhood;
– challenges on the African continent;
– consequences of climate change;
– competition for natural resources;
– projects to strengthen civilian and military capabilities;
– the importance of space for our common security;
– maritime security;

and:

38. Considers that both the EU and NATO should pursue a frank and realistic dialogue with Russia covering such matters as regional security, energy, missile defence, non-proliferation of weapons of mass destruction, limitation of armed forces and space policy;

National legislation and practice relating to definition and delimitation of outer space Reports from Belarus, Czech Republic, Mexico & Mongolia A/AC.105/865/Add.4

by P.J. Blount with the blog faculty

National legislation and practice relating to definition and delimitation of outer space, Reports from Belarus, Czech Republic, Mexico & Mongolia A/AC.105/865/Add.4 has been posted on the UNOOSA website.