Gates sacks F-35 manager, withholds Lockheed payments
February 3, 2010 at 7:59 am | Posted in Uncategorized | Leave a commentby Joanne Irene Gabrynowicz with the blog faculty
Source: Government Executive
By Megan Scully CongressDaily February 2, 2010
Frustrated with projected cost increases and schedule delays on the high-stakes F-35 Joint Strike Fighter, Defense Secretary Robert Gates announced Monday he has replaced the head of the program and is withholding $614 million from prime contractor Lockheed Martin Corp.
Gates made the announcement as he unveiled a $708.2 billion Pentagon budget proposal that includes $11.4 billion to buy 43 of the advanced fighters for the Air Force, Navy and Marine Corps and support continued research and development.
That $11.4 billion makes the F-35 the largest single weapons program in the new budget, even though they will buy nine fewer planes than had once been anticipated for fiscal 2011. Meanwhile, the military will continue to restructure the program to resolve problems that have plagued it for years.
During a Pentagon briefing, Gates said he believes the F-35 is on the right course, but added that he opted to withhold the performance fees because “the taxpayers should not have to bear the entire burden of getting the JSF program back on track.”
Lockheed Martin agreed with the decision to withhold the fees, he said.
But Gates, who has never shied away from publicly sacking high-level defense officials, said the government was also responsible for the problems with the program.
“Accountability is not just about holding contractors responsible,” he said. “The Department of Defense also bears responsibility for the JSF’s troubling performance record.”
The department ultimately plans to buy more than 2,400 of the planes to replace older fighters, including the Air Force’s F-16s and the Navy’s F-18s.
With Gates giving his brand of tough love to the F-35 program and other senior officials predicting only modest increases in defense spending for the next several years, a clear warning emerged from the Pentagon that years of belt-tightening lay ahead.
“Reforming how and what we buy continues to be an urgent priority,” Gates said. “The department and the nation can no longer afford the quixotic pursuit of high-tech perfection that incurs unacceptable cost and risk, nor can the department afford to chase requirements that shift or continue to increase throughout a program’s lifecycle.”
The fiscal 2011 request includes $548.9 billion for the Defense Department’s base budget — an $18.2 billion, or 3.4 percent increase, over fiscal 2010 enacted levels. But with inflation factored in, real growth in the base budget is 1.8 percent, officials said.
Over the next four years, the Pentagon anticipates real growth in the defense budget to be roughly 1 percent. The Defense, Homeland Security and Veterans Affairs departments were excluded from President Obama’s three-year discretionary spending freeze announced last week.
Pentagon Comptroller Robert Hale said department officials feel strongly that they need “modest, real growth” to train, equip and grow a military that is at war. But he added, they recognize the country’s economic challenges.
“We can accommodate 1 percent annual growth in the short-term and still maintain the current forces, and we’re doing it, frankly, to try to be mindful of a serious economic problem and make our contribution to that,” Hale said.
Procurement accounts, the low-hanging fruit in the Pentagon budget, are not the only ones scrubbed for savings.
Hale urged Congress not to add a half-percent to the military pay raise — an annual practice that costs the department $500 million. The administration requested a 1.4 percent pay raise for the troops, which is lower than recent memory but on par with the private sector, officials said.
Meanwhile, Gates said he wants to work with Congress on a way to get military healthcare costs under control. Lawmakers have repeatedly rejected efforts to raise premiums or co-pays, which have not been increased since 1995.
As he did last year, Gates did not propose raising co-pays because he did not want to be caught with a gaping budget hole if Congress blocked the increases.
“We certainly would like to work with the Congress in figuring out a way to try and bring some modest control to this program,” he said.
U.S. Defense Department FY11 Budget Request Includes Space Programs
February 2, 2010 at 5:14 pm | Posted in Space Law, Space Law Current Events | Leave a commentby Joanne Irene Gabrynowicz with the blog faculty
Source: U.S. Office of the Under Secretary of Defense (Comptroller)
Department of Defense Budget
Fiscal Year 2011
February 2010 Office of the Under Secretary of Defense (Comptroller)
UNCLASSIFIED
Preface
The RDT&E Programs (R-1) is derived from and consistent with the Comptroller Information System database.
The R-1 is provided annually to the DoD oversight committees of the Congress coincident with the transmittal of the President’s Budget. This document is also provided to Office of Assistance Secretary of Defense (Public Affairs) for use by non-DoD activities, and is available to the public on the Internet at http://www.dod.mil/comptroller.
Office of the Under Secretary of Defense (Comptroller)
UNCLASSIFIED
Responses to the Proposed NASA Budget
February 2, 2010 at 12:58 pm | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
A collection of responses and to the proposed NASA budget:
NASA – A Bold New Approach for Space Exploration and Discovery – OSTP Fact Sheet
NASA/OSTP Statement – Launching a New Era in Space Exploration
Congresswoman Kosmas’ Statement on Release of NASA Budget – SpaceRef
Statement by Charlie Bolden, NASA Administrator, February 1, 2010: NASA Budget Press Conference
Bolden: We weren’t headed to the moon until late next decade, if then – The Write Stuff
Notes: Teleconference on role of commercial space – RLV and Space Transport News
CSF Welcomes New NASA Human Spaceflight Plan, Congratulates Commercial Crew Development Winners – Commercial Spaceflight Federation
Assorted NASA Budget Reaction Stories – NASA Watch
NASA Internal Email: NASA Budget Request Reflects Commitment to Innovation and Exploration – SpaceRef
President Obama’s proposed NASA Budget will increase funding for commercial space enterperise – 62 Mile Club
Commercial Space Launch Favored – Spaceports
Congressional Reaction to NASA Budget – NASA Watch
More about the NASA budget and policy changes – RLV and Space Transport News
The wrong decision for space and America – Lunar Networks
ATK Issues Response to GFY11 NASA Budget Proposal – Space Fellowship
NewSpace 1 — Govt. Space 0 – The Space Advocate
NASA/OSTP press conference – RLV and Space Transport News
More responses to the new plan for NASA – RLV and Space Transport News
More on the NASA changes – RLV and Space Transport News
Italy and Kenya extend the Malindi agreement
February 2, 2010 at 12:50 pm | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
From ASI:
Italy and Kenya extend the Malindi agreement
Signed in Nairobi during Minister Frattini’s visit14 Jan 2010
Today in Nairobi, the president of the Italian Space Agency, Enrico Saggese, in the wake of the visit to Kenya by the Minister for Foreign Affairs, Franco Frattini, met Ambassador Nancy Kirui, the Kenyan Permanent Secretary in the Ministry of Defence, the counterpart in managing the “Luigi Broglio” Space Centre at Malindi. President Saggese was accompanied by Professor Ezio Bussoletti, member the ASI’s board, and by Gabriella Arrigo, in charge of relations with countries outside Europe in ASI’s Strategy Unit.
Saggese and Kirui, after congratulating each other on the ongoing bilateral cooperation, in particular on the inauguration of a regional centre for Earth observation, agreed to extend the current intergovernmental agreement regarding the centre until 31 December 2010. This is in anticipation of the new definitive new intergovernmental agreement; the draft of which has been agreed by MAE, the Ministry of Defence and the ASI and is now being examined by the Kenyan government.
The “Luigi Broglio” base at Malindi was also the subject of political meetings between Minister Frattini and his Kenyan equivalent Moses Wetang’ula, accompanied by the Minister for Defence, Yussuf Haji. At the end of the meetings, the two Ministers for Foreign Affairs signed several joint decisions in order to formalise the start of negotiations on the new intergovernmental agreement.
The work at Malindi was already underway in the sixties thanks to the decisive drive of Prof. Luigi Broglio, and was then renewed in 1995 by an agreement still effective today. The ASI has managed the centre since 2003, replacing the Sapienza University of Rome. Notable current activities include remote sensing, orbital acquisition, research and training. New activities include the possibility to start launches again and for the Malindi base to take part in the international circuit for environmental and climate change studies.
Obama Administration’s Proposed NASA Budget
February 2, 2010 at 8:19 am | Posted in Space Law Current Events | Leave a commentby Joanne Irene Gabrynowicz with the blog faculty
Source: The White House
Funding Highlights:
• Adds $6 billion to NASA’s budget over five years and draws upon American ingenuity to enable us to embark on an ambitious 21st Century program of human space exploration.
• Initiates flagship exploration technology development and demonstration programs of “game- changing” technologies that will increase the reach and reduce the costs of future human space exploration as well as other NASA, government, and commercial space activities.
• Embraces the commercial space industry and the thousands of new jobs that it can create by contracting with American companies to provide astronaut transportation to the Space Station—thus reducing the risk of relying exclusively on foreign crew transport capabilities.
• Ends NASA’s Constellation program, which was planning to use an approach similar to the Apollo program to return astronauts back to the Moon 50 years after that program’s triumphs. An independent panel found that Constellation was years behind schedule and would require large budget increases to land even a handful of astronauts back on the Moon before 2030. Instead, we are launching a bold new effort that invests in American ingenuity for developing more capable and innovative technologies for future space exploration.
• Extends the International Space Station and enhances its utilization, bringing nations together in a common pursuit of knowledge and excellence in space.
• Enhances the Nation’s global climate change research and monitoring system, including re- flight of a satellite that will help identify global carbon sources and sinks.
• Provides for a robust program of robotic solar system exploration and new astronomical observatories, including a probe that will fly through the Sun’s atmosphere and an expanded effort to detect potentially hazardous asteroids.
• Revitalizes and realigns NASA to put in place the right workforce and facilities to function as an efficient 21st Century research and development agency.
Aviation Accident Report: Colgan Air, Inc. Operating as Continental Connection Flight 3407,Feb. 12, 2009
February 2, 2010 at 8:11 am | Posted in Aviation Law, Aviation Law Current Event | Leave a commentby Joanne Irene Gabrynowicz and the blog faculty
Source: U.S. National Transportation Safety Board
Aviation Accident Report—Crash on Approach to Airport, Colgan Air, Inc., Operating as Continental Connection Flight 3407, Bombardier DHC-8-400, N200WQ, Clarence Center, New York, February 12, 2009
Guest Blogger Prof. Donna Davis: Taxes and Checked Airline Baggage
February 1, 2010 at 4:45 pm | Posted in Aviation Law, Guest blogger | Leave a commentby Donna Davis, Associate Professor of Law, University of Mississippi School of Law
The Internal Revenue Service recently ruled that airlines are exempt from certain services and facilities taxes on fees charged to check baggage. (PLR 118216-09). While at first glance this appears to be a boon to the airline industry, in fact, if the taxes were imposed, they would fall on air travelers and not the carriers. This tax, much like a sales tax, is imposed on the person purchasing the air transportation and is merely collected and paid over to the government by the airline.
The tax applies to amounts paid in the United States for transportation of any person by air (IRC 4262(d)), and it is imposed on the person making the payment subject to the tax. (IRC 4261(d)) The tax is a 7.5% excise tax imposed on amounts paid for taxable transportation. (IRC 4261) Taxable transportation means travel within the United States plus 225 miles into Mexico or Canada (unless there has been a waiver for the portions falling within Mexico and Canada). (IRC 4262) The responsibility of the airline is to collect the tax from the person making the payment. (IRC 4291) Thus, if the $20 baggage fee were not exempt, the traveler would pay $1.50 of tax, in addition to the taxes paid on the price of the ticket. In exempting the baggage fee from tax, the Service is consistently applying its definition of taxable transportation as excluding amounts paid for optional services that are not necessary for the provision of air transportation.
So why would the airlines bother requesting a ruling on this issue? If the baggage fee was subject to the tax, and the tax was not paid by the traveler, then the tax will be imposed on the carrier providing the initial segment of the transportation. (IRC 4263(c)) The ruling, therefore, provides definitive guidance that the carrier is not obligated to collect the tax from its passengers and that the failure to do so will not come back to haunt the carriers’ coffers.
NASA SELECTS COMMERCIAL FIRMS TO BEGIN DEVELOPMENT OF CREW TRANSPORTATION CONCEPTS AND TECHNOLOGY DEMONSTRATIONS FOR HUMAN SPACEFLIGHT USING RECOVERY ACT FUNDS
February 1, 2010 at 4:41 pm | Posted in Space Law, Space Law Current Events | Leave a commentby Joanne Irene Gabrynowicz with the blog faculty
Source: L. Grey Hautaluoma/Ashley Edwards Headquarters, Washington
202-358-0668/1756
Josh Byerly
Johnson Space Center, Houston
281-483-5111
josh.byerly@nasa.gov
CONTRACT RELEASE: C10-004
NASA SELECTS COMMERCIAL FIRMS TO BEGIN DEVELOPMENT OF CREW TRANSPORTATION CONCEPTS AND TECHNOLOGY DEMONSTRATIONS FOR HUMAN SPACEFLIGHT USING RECOVERY ACT FUNDS
WASHINGTON — NASA has awarded $50 million through funded agreements
to further the commercial sector’s capability to support transport of
crew to and from low Earth orbit. This step is the first taken by
NASA consistent with the president’s direction to foster commercial
human spaceflight capabilities.
“The president has asked NASA to partner with the aerospace industry
in a fundamentally new way, making commercially provided services the
primary mode of astronaut transportation to the International Space
Station,” said NASA Administrator Charles Bolden. “We are pleased to
be able to quickly move forward to advance this exciting plan for
NASA.”
Through an open competition for funds from the American Recovery and
Reinvestment Act of 2009, NASA has awarded Space Act Agreements to
Blue Origin of Kent, Wash.; The Boeing Company of Houston; Paragon
Space Development Corporation of Tucson, Ariz.; Sierra Nevada
Corporation of Louisville, Colo.; and United Launch Alliance of
Centennial, Colo. The agreements are for the development of crew
concepts and technology demonstrations and investigations for future
commercial support of human spaceflight.
The Space Act Agreements are designed to foster entrepreneurial
activity leading to high-tech job growth in engineering, analysis,
design and research, and to promote economic growth as capabilities
for new markets are created. Funding for these Space Act Agreements
will stimulate efforts within the private sector to develop and
demonstrate human spaceflight capabilities.
“These selections represent a critical step to enable future
commercial human spaceflight,” said Doug Cooke, associate
administrator for Exploration Systems at NASA. “These impressive
proposals will advance NASA significantly along the path to using
commercial services to ferry astronauts to and from low Earth orbit,
and we look forward to working with the selected teams,” Cooke said.
All Space Act Agreements are designed to partially fund the
development of system concepts, key technologies, and capabilities
that could ultimately be used in commercial crew human space
transportation systems. The selected teams also proposed matching
funds from other sources that would leverage the taxpayer investment.
The selected teams and awards are:
Blue Origin will receive $3.7 million
The Boeing Company will receive $18 million
Paragon Space Development Corporation will receive $1.4 million
Sierra Nevada Corporation will receive $20 million
United Launch Alliance will receive $6.7 million
The signed Space Act Agreements will fund performance milestones
beginning in February 2010. The aggregate value of all of the Space
Act Agreements is approximately $50 million.
The Commercial Crew and Cargo Program Office at NASA’s Johnson Space
Center in Houston is managing this effort.
For more information about NASA’s Commercial Crew and Cargo Program,
visit: http://www.nasa.gov/offices/c3po/home
For the most current information about NASA’s use of the Recovery Act
funds, visit: http://www.nasa.gov/recovery
Disasters Charter Activated for Floods Peru
February 1, 2010 at 4:22 pm | Posted in Space Law Current Events | Leave a commentby Joanne Irene Gabrynowicz with the blog faculty
Type of Event Flood
Location of Event Peru
Date of Charter Activation 28/01/2010
Charter Requestor SIFEM
Project Management CONIDA
Description of the Event
Floods due to intensive rain caused infrastructure collapse in bridges over Vilcanota river, damages in housing, loss of lives, isolation of people and loss of crops
Restructuring the National Polar-orbiting Operational Environmental Satellite System
February 1, 2010 at 3:05 pm | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
From the Office of Science and Technology Policy:
Restructuring the National Polar-orbiting Operational Environmental Satellite System
February 1, 2010The President’s FY2011 budget contains a major restructuring of the National Polar-orbiting Operational Environmental Satellite System (NPOESS) in order to put the critical program on a more sustainable pathway toward success. The satellite system is a national priority — essential to meeting both civil and military weather-forecasting, storm-tracking, and climate-monitoring requirements. However, the program is behind schedule, over budget, and underperforming. Independent reports and an administration task force have concluded that the current program cannot be successfully executed with the current management structure, and with the current budget structure. These challenges originate in large part because of a combination of management deficiencies that result from conflicting perspectives and priorities among the three agencies who manage the program. Serious lapses in capabilities loom as a result.
Background
NPOESS is a tri-agency program with the Department of Commerce (specifically the National Oceanic and Atmospheric Administration, or NOAA), the Department of Defense (DOD, specifically the Air Force), and the National Aeronautics and Space Administration (NASA) designed to merge the civil and defense weather satellite programs in order to reduce costs and to provide global weather and climate coverage with improved capabilities above the current system.
In 2002, the NPOESS program was estimated to cost approximately $6.5B (for development and operations through FY2018) and consisted of an initial NASA satellite to test the new sensors (the NPOESS Preparatory Project – NPP – to be launched in early 2006) and six NPOESS platforms in three orbits, the first of which (C-1) was to be launched in early 2009. The program encountered numerous technical and management challenges, which led to restructuring of the NPOESS program in 2006 due to cost over-runs that triggered Congressionally-mandated recertification. The restructured program reduced the scale of the program from six main satellites (in three orbits) to four satellites (in two orbits). (The U.S. will rely on European satellites for operational weather observations from the remaining orbit.) The NPP launch has been delayed to 2011, and the launch of the first NPOESS platform (C-1) was expected to be in late 2014. (These would each be delays of five years from the original plan.) At that time the new life-cycle cost estimate (through FY2024 due to delays) was approximately $12B for this reduced capability. The current official baseline life-cycle cost estimate is approximately $13.9B.
A new direction for ensuring continuity of polar-orbiting satellite measurements:
After reviewing options, including those suggested by an Independent Review Team (IRT) and Congressional Committees, the President’s FY2011 budget takes significant new steps. Today the White House is announcing that NOAA and the Air Force would no longer continue to jointly procure the polar-orbiting satellite system called NPOESS. This decision is in the best interest of the American public to preserve critical operational weather and climate observations into the future.
• The three agencies (DOD, NOAA and NASA) have and will continue to partner to ensure a successful way forward for the respective programs, while utilizing international partnerships to sustain and enhance weather and climate observation from space.
• The major challenge of NPOESS was jointly executing the program between three agencies of different size with divergent objectives and different acquisition procedures. The new system will resolve this challenge by splitting the procurements. NOAA and NASA will take primary responsibility for the afternoon orbit, and DOD will take primary responsibility for the morning orbit. The agencies will continue to partner in those areas that have been successful in the past, such as a shared ground system. The restructured programs will also eliminate the NPOESS tri-agency structure that that has made management and oversight difficult, contributing to the poor performance of the program.
• NOAA and the Air Force have already begun to move into a transition period during which the current joint procurement will end. A detailed plan for this transition period will be available in a few weeks. The agencies will continue a successful relationship that that they have developed for their polar and geostationary satellite programs to date. NOAA’s portion will notionally be named the “Joint Polar Satellite System,” and will consist of platforms based on the NPP satellite.
• In addition, these Agencies have a strong partnership with Europe through the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) that will continue to be a cornerstone of our polar-orbiting constellation. This partnership will remain a key part of our ability to provide continuous polar-orbiting measurements.
• These changes to the NPOESS program will better ensure continuity of crucial civil climate and weather data in the future. A main focus remains continuity of polar-orbiting satellite data. Decisions on future satellite programs will be made to ensure the best plan for continuity of data.
• While the Air Force continues to have remaining Defense Meteorological Satellite Program (DMSP) polar-orbiting satellites available for launch for the next few years, NOAA launched its final polar-orbiting satellite in February 2009. Given that weather forecasters and climate scientists rely on the data from NOAA’s current on-orbit assets, efforts will focus development of the first of the Joint Polar Satellite System platforms on ensuring both short- and long-term continuity in crucial climate and weather data.
• NASA’s role in the restructured program will be modeled after the procurement structure of the successful POES and GOES programs, where NASA and NOAA have a long and effective partnership. Work is proceeding rapidly with NOAA to establish a JPSS program at NASA’s Goddard Space Flight Center (GSFC).
• The NASA developed and operating Earth Observing System (EOS) Aqua satellite and ground system are very similar in scope and magnitude to the proposed JPSS program.
• NOAA and NASA will strive to ensure that all current NPOESS requirements are met on the most rapid practicable schedule without reducing system capabilities.
• NASA program and project management practices have been refined over decades of experience developing and acquiring space systems and NASA anticipates applying its current practices to JPSS. NASA program and project management processes will include thorough and ongoing review and oversight of project progress. Cost-estimates will be produced at or close to the 80% confidence level.
• DOD remains committed to a partnership with NOAA in preserving the Nation’s weather and climate sensing capability. For the morning orbit, the current DOD plan for deploying DMSP satellites ensures continued weather observation capability. The availability of DMSP satellites supports a short analysis (in cooperation with the partner agencies) of DOD requirements for the morning orbit and solutions with the start of a restructured program in the 4th quarter of fiscal year 2011. While this study is being conducted, DOD will fully support NOAA’s needs to ensure continuity of data in the afternoon orbit by transitioning appropriate and relevant activities from the current NPOESS effort.
• We expect much of the work being conducted by Northrop-Grumman and their subcontracts will be critical to ensuring continuity of weather observation in the afternoon orbit. DOD will work closely with the civil partners to ensure the relevant efforts continue productively and efficiently, and ensure the requirements of the national weather and climate communities are taken into consideration in building the resultant program for the morning orbit.
Additional Points:
• Observations of the Earth’s environment, both from space and on the surface, are a priority for this Administration. Information about the planet is vital to our ability to plan, predict, respond, and protect our citizens and infrastructure. The nation’s system of polar-orbiting environmental satellites is essential for supporting climate research as well as operational weather and storm forecasting for civil, military, and international partners.
• For this reason, maintaining a capable, operational environmental satellite system is vitally important, and a primary focus of this effort remains on the continuity of the polar-orbiting satellite data that system users – both civil and defense – have come to rely on.
• The NPOESS program was designed to deliver improved capabilities above the current system of civil and defense weather satellites. The U.S. leadership in this area over the last three decades will continue into the future. The partner agencies (DOD, NOAA and NASA) are committed to maintaining collaborations towards the goal of continuity of earth observations from space, and minimizing – if not eliminating – potential gaps in data.
• The NPOESS program has experienced several challenges to date, including schedule delays and cost increases. Recent reports have illustrated the difficulties the program has experienced, and the Administration has closely examined the findings in these reports.
• Since August, an Executive Office of the President (EOP) Task Force (with participation from OSTP, OMB and NSC), working in close cooperation with the partner agencies, has been investigating various options for how to go forward with the NPOESS program.
• The Task Force performed a careful and in-depth analysis of NPOESS management challenges, agency requirements, and potential options for strengthening the program. A primary goal of the interagency discussions has been to provide a more robust operational satellite system, with specific attention on the need for ensuring continuity in the environmental measurements.
• Although challenges remain, development of NPOESS assets has continued through this process. Significant progress has been made with the NPP, now with a realistic and achievable launch date of September 2011. A key instrument, the Visible Infrared Imager Radiometer Suite (VIIRS), has been tested and shipped from the developers to NPP and can now be integrated onto the spacecraft. The Ozone Mapping and Profiler Suite (OMPS) has been developed, integrated onto the NPP spacecraft, and tested for flight. The Advanced Technology Microwave Sounder (ATMS) has been integrated and fully tested for flight. NOAA and NASA have taken advantage of the NPP opportunity to add the Clouds and the Earth’s Radiant Energy System (CERES) instrument to NPP. This instrument has been integrated onto the spacecraft and tested for flight, thus ensuring the continuity of this critical data set beyond the NASA EOS (Terra and Aqua) missions.
• Partnerships are the key to our ability to provide continuous polar-orbiting measurements. NOAA, NASA, and the DOD/Air Force have had a very productive relationship in polar observations; sharing data, coordinating user needs, and operating satellites. This cooperative relationship is essential and will continue for years to come. Likewise, partnerships with Europe through EUMETSAT will continue to be a strong part of our polar-orbiting constellation.
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