Human Spaceflight Committee Report: Seeking a Human Spaceflight Program Worthy of a Great Nation

October 22, 2009 at 2:41 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The Review of Human Spaceflight Plans Committee has released its final report titled Seeking a Human Spaceflight Program Worthy of a Great Nation. As far as legal content the report critiques ITAR:

The principal disadvantage of international programs (excluding business-to-business arrangements based on enforceable contracts) is that nations are sovereign entities and, as such, can unilaterally change their plans—which can be very disruptive. Much of the international community, probably justifiably, faults the U.S. with regard to this practice. But perhaps an even greater impediment to U.S. involvement in international cooperative programs is the U.S. International Trafficking in Arms Regulations (ITAR). The Committee deems these laws to be outdated and overly restrictive for the realities of the current technological and international political environment.

Reccommends developing law to meet the needs of commercial space:

Specific recommendations address aligning international cooperation with U.S. national interests, which include expanding international cooperation and partnerships for: the study of global climate change; the development of a body of law for a robust space-operating regime; rationalization of export controls; expansion of the ISS partnership; continuation of international cooperation for scientific research and human space exploration; engagement of nations in educating their citizens for sustainable space technology development; and support for interchange among international scholars and students.

Developing the law help NASA:

In planning to reach these lofty objectives with constrained resources, the question arises how NASA might organize to explore. The NASA Administrator, who has been assigned responsibility for the management of NASA, needs to be given the authority to manage NASA. This includes the ability to restructure resources, including workforce and facilities, to meet mission needs. Likewise, managers of programs need clear lines of responsibility and authority. Management of unprecedented and complex international technological developments is particularly challenging, and even the best-managed human spaceflight programs will encounter developmental problems. Such activities must be adequately funded, including reserves to account for the unforeseen and unforeseeable. Good management is especially difficult when funds cannot be moved from one human spaceflight budget line to another, and where new funds can ordinarily be obtained only after a two-year budgetary delay (if at all). In short, NASA should be given the flexibility allowed under the law to acquire and manage its programs.

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