S. 2862: A bill to provide for National Science Foundation and National Aeronautics and Space Administration utilization of the Arecibo Observatory

April 16, 2008 at 11:42 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty
S. 2862: A bill to provide for National Science Foundation and National Aeronautics and Space Administration utilization of the Arecibo Observatory was introduced yesterday by Sen. Hillary Clinton (D-NY). The text is not yet available through Thomas.

Arecibo and the Consolidated Appropriations Act 2008

December 19, 2007 at 9:54 am | Posted in Space Law | Leave a comment

United States Congressby P.J. Blount with the blog faculty
Here’s another space related snippet from the Joint Explanatory Statement to Accompany Consolidated Appropriations Amendment Division B–Commerce, Justice, Science which gives explanations about the amendments to HR 2764: Consolidated Appropriations Act 2008. It calls for Congress to grant further funding for Arecibo Observatory and to have the National Research Council do a report on NASA’s approach to Near Earth Objects (hat tip planetarydefense):

Further, the Appropriations Committees are concerned that NASA may reduce support for the Arecibo Observatory which is used by NASA to observe and detect NEOs. The committees believe that this observatory continues to provide important scientific findings on issues of near-space objects, space weather, and global climate change, as well as numerous other research areas. The Committees believe that these endeavors will have scientific merit far beyond the end of the decade. NASA is directed to provide additional funding for the Arecibo Observatory.

In order to assist Congress in determining the optimal approach regarding the Arecibo Observatory, NASA shall contract with the National Research Council to study the issue and make recommendations. As part of its deliberations, the NRC shall review NASA’s report 2006 Near-Earth Object Survey and Deflection Study – and its associated March 2007 Near-Earth Object Survey and Deflection Study as well as any other relevant literature. An interim report, with recommendations focusing primarily on the optimal approach to the survey program, shall be submitted within 15 months of enactment of this Act. The final report, including recommendations regarding the optimal approach to developing a deflection capability, shall be submitted within 21 months of enactment of this Act. The NRC study shall include an assessment of the costs of various alternatives, including options that may blend the use of different facilities (whether ground- or space-based), or involve international cooperation. Independent cost estimating should be utilized.

For back ground on the Consolidated Appropriations Act 2008 see NASA Budget and COTS and Omnibus Appropriations Bill Debate. For more on Arecibo’s funding see Funding for Arecibo Observatory.

Funding for Arecibo Observatory

November 12, 2007 at 9:50 am | Posted in Space Law | Leave a comment

Aericibo Observatoryby P.J. Blount with the blog faculty
Apparently, Arecibo Observatory in Puerto Rico is at risk of being closed due to a lack of funding (hat tip Spaceports). The National Science Foundation has stated that it Arecibo will have to close if cannot find funds to augment its $8 million budget.

Last Thursday (November 8, 2007) Members of the Subcommittee on Space and Aeronautics were told about the funding problems at a hearing on Near Earth Objects and the catastrophic consequences of an asteroid impact with Earth.

A bill has been introduced that would solve the funding problem, though. H.R. 3737: To provide for National Science Foundation and National Aeronautics and Space Administration utilization of the Arecibo Observatory was introduced to the House on October 3 and no further action has been taken.

Library: A Round-up of Reading

July 12, 2011 at 8:18 am | Posted in Library | Leave a comment

Articles
NPR – The Last Shuttle Launch And The Future Of Space Exploration

Kuwait Airways Corp. v. Republic of Iraq (Can.), with introductory note by Chimène I. Keitner, 50 International Legal Materials 160 (2011)

Books
Toward a Theory of Space Power (NDU 2011)

Reports
CRS – The Arecibo Ionospheric Observatory, June 16, 2011

ESPI Report 36: “Economic and Policy Aspects of Space Regulations in Europe. Part 2: Space Related Regulations – On Track for Space Technologies and Space Based Services”

CRS – Iran Sanctions

NextGen Air Transportation System: Mechanisms for Collaboration and Technology Transfer Could Be Enhanced to More Fully Leverage Partner Agency and Industry Resources. GAO-11-604, June 30.

Blogs
Americans want to be leaders in space exploration. But what does that mean? – Space Politics

At 75, America’s air traffic control system keeps getting better – The Fast Lane

Satellite shows military convoy near disputed Sudanese region – FP Passport

House appropriators swing the budget axe – Space Politics

Initial reactions to the House NASA budget proposal – Space Politics

Obama: “pushing NASA to revamp its vision” – Space Politics

President Obama discusses space policy – RLV and Space Transport News

Title 51 – Law Library Blog

Members of Congress on the end of the Space Shuttle – Space Politics

Goodbye, space shuttle – DoD Buzz

ITAR, AMSAT, and public domain limits – RLV and Space Transport News

President’s statement on the launch of Atlantis – Space Politics

Interesting Comments from China’s First Astronaut – All Things Nuclear

FCC Action Threatens GPS Satellite Services – Spectrum Matters

Appropriations Update – Space Policy Online

Library: A Round-up of Reading

April 13, 2009 at 1:59 pm | Posted in Library | Leave a comment

Articles
Sebastian Riedera, Jean Brustona, Charlotte Mathieub and Kai-Uwe Schrogl, Governance of national space activities, Space Policy (2009)

Rob Coppinger, Space tourism: Fly at your own peril, Flight Global

Reports
GAO – AVIATION SAFETY: NASA’s National Aviation Operations Monitoring Service Project Was Designed Appropriately, but Sampling and Other Issues Complicate Data Analysis

CRS – F-22A Raptor

CRS – The Arecibo Ionospheric Observatory

ESPI – SPACE-BASED SERVICES IN EUROPE

Blogs
Russia Eyes North Korea – Arms Control Wonk

What is China (and Russia) Doing? – Security Dilemmas

President Approves New Spy Satellites – DoD Buzz

Those Wily NORKs – Total Wonker

DPRK: ICBM or Space Launch Vehicle? – Arms Control Wonk

Goodbye to the Dutch Ticket Tax – Aviation Law Prof Blog

9/11 Claimants Reach Successful Mediated Settlement with Airlines – Opinio Juris

In re Yahoo!, Inc.: The Latest Battle in American Airlines’ War Against Search Engine Keywords – JETLaw Blog

NTSB ADVISORY – NTSB ANNOUNCES DATE OF PUBLIC HEARING ON US AIRWAYS DITCHING – NTSB Bar Blog

Holdren on shuttle, ISS, space councils, Chinese cooperation – Space Politics

Space Law: An Evolving Field – Canes International

All Your Space Industrial Base – Really Rocket Science

NOAA Takes Principal Membership in the OGC(R) – GeoData Policy

More Holdren comments – Space Politics

IG agrees: “Space tourism” program didn’t pass “smell test” – The Write Stuff

Florida’s inspector general finds problems with Project Odyssey – Personal Spaceflight

Challenging NASA to be more productive – RLV and Space Transport News

Bezos’ Blue Origin plans may get a lift from Texas lawmakers – 62 Mile Club

H.R. 6063: National Aeronautics and Space Administration Authorization Act of 2008

October 16, 2008 at 8:32 am | Posted in Space Law | 1 Comment

by P.J. Blount with the blog faculty

H.R. 6063: National Aeronautics and Space Administration Authorization Act of 2008 was signed by President Bush on October 15, 2008. The act “authorizes appropriations to the National Aeronautics and Space Administration (NASA) for Fiscal Year 2009; requires NASA to add to its baseline flight manifest two Space Shuttle missions to the International Space Station and take all necessary steps to fly a third additional Shuttle mission; requires NASA to take steps to ensure that the International Space Station remains viable through at least 2020; and affirms congressional support for U.S. space exploration policy.”

The act’s table of contents:

An Act
To authorize the programs of the National Aeronautics and Space Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘National Aeronautics and Space Administration Authorization Act of 2008’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009
Sec. 101. Fiscal year 2009.
TITLE II—EARTH SCIENCE
Sec. 201. Goal.
Sec. 202. Governance of United States Earth Observations activities.
Sec. 203. Decadal survey missions.
Sec. 204. Transitioning experimental research into operational services.
Sec. 205. Landsat thermal infrared data continuity.
Sec. 206. Reauthorization of Glory Mission.
Sec. 207. Plan for disposition of Deep Space Climate Observatory.
Sec. 208. Tornadoes and other severe storms.
TITLE III—AERONAUTICS
Sec. 301. Sense of Congress.
Sec. 302. Environmentally friendly aircraft research and development initiative.
Sec. 303. Research alignment.
Sec. 304. Research program to determine perceived impact of sonic booms.
Sec. 305. External review of NASA’s aviation safety-related research programs.
Sec. 306. Aviation weather research plan.
Sec. 307. Funding for research and development activities in support of other mission directorates.
Sec. 308. Enhancement of grant program on establishment of university-based centers for research on aviation training.
TITLE IV—EXPLORATION INITIATIVE
Sec. 401. Sense of Congress.
Sec. 402. Reaffirmation of exploration policy.
Sec. 403. Stepping stone approach to exploration.
Sec. 404. Lunar outpost.
Sec. 405. Exploration technology development.
Sec. 406. Exploration risk mitigation plan.
Sec. 407. Exploration crew rescue.
Sec. 408. Participatory exploration.
Sec. 409. Science and exploration.
Sec. 410. Congressional Budget Office report update.
TITLE V—SPACE SCIENCE
Sec. 501. Technology development.
Sec. 502. Provision for future servicing of observatory-class scientific spacecraft.
Sec. 503. Mars exploration.
Sec. 504. Importance of a balanced science program.
Sec. 505. Suborbital research activities.
Sec. 506. Restoration of radioisotope thermoelectric generator material production.
Sec. 507. Assessment of impediments to interagency cooperation on space and Earth science missions.
Sec. 508. Assessment of cost growth.
Sec. 509. Outer planets exploration.
TITLE VI—SPACE OPERATIONS
Subtitle A—International Space Station
Sec. 601. Plan to support operation and utilization of the ISS beyond fiscal year 2015.
Sec. 602. International Space Station National Laboratory Advisory Committee.
Sec. 603. Contingency plan for cargo resupply.
Sec. 604. Sense of Congress on use of Space Life Sciences Laboratory at Kennedy Space Center.
Subtitle B—Space Shuttle
Sec. 611. Space Shuttle flight requirements.
Sec. 612. United States commercial cargo capability status.
Sec. 613. Space Shuttle transition.
Sec. 614. Aerospace skills retention and investment reutilization report.
Sec. 615. Temporary continuation of coverage of health benefits.
Sec. 616. Accounting report.
Subtitle C—Launch Services
Sec. 621. Launch services strategy.
TITLE VII—EDUCATION
Sec. 701. Response to review.
Sec. 702. External review of explorer schools program.
Sec. 703. Sense of Congress on EarthKAM and robotics competitions.
Sec. 704. Enhancement of educational role of NASA.
TITLE VIII—NEAR-EARTH OBJECTS
Sec. 801. Reaffirmation of policy.
Sec. 802. Findings.
Sec. 803. Requests for information.
Sec. 804. Establishment of policy with respect to threats posed by near-earth objects.
Sec. 805. Planetary radar capability.
Sec. 806. Arecibo observatory.
Sec. 807. International resources.
TITLE IX—COMMERCIAL INITIATIVES
Sec. 901. Sense of Congress.
Sec. 902. Commercial crew initiative.
TITLE X—REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES
Sec. 1001. Review of information security controls.
Sec. 1002. Maintenance and upgrade of Center facilities.
Sec. 1003. Assessment of NASA laboratory capabilities.
Sec. 1004. Study and report on project assignment and work allocation of field centers.
TITLE XI—OTHER PROVISIONS
Sec. 1101. Space weather.
Sec. 1102. Initiation of discussions on development of framework for space traffic management.
Sec. 1103. Astronaut health care.
Sec. 1104. National Academies decadal surveys.
Sec. 1105. Innovation prizes.
Sec. 1106. Commercial space launch range study.
Sec. 1107. NASA outreach program.
Sec. 1108. Reduction-in-force moratorium.
Sec. 1109. Protection of scientific credibility, integrity, and communication within NASA.
Sec. 1110. Sense of Congress regarding the need for a robust workforce.
Sec. 1111. Methane inventory.
Sec. 1112. Exception to alternative fuel procurement requirement.
Sec. 1113. Sense of Congress on the importance of the NASA Office of Program Analysis and Evaluation.
Sec. 1114. Sense of Congress on elevating the importance of space and aeronautics within the Executive Office of the President.
Sec. 1115. Study on leasing practices of field centers.
Sec. 1116. Cooperative unmanned aerial vehicle activities.
Sec. 1117. Development of enhanced-use lease policy.
Sec. 1118. Sense of Congress with respect to the Michoud Assembly Facility and NASA’s other centers and facilities.
Sec. 1119. Report on U.S. industrial base for launch vehicle engines.
Sec. 1120. Sense of Congress on precursor International Space Station research.
Sec. 1121. Limitation on funding for conferences.
Sec. 1122. Report on NASA efficiency and performance.

H.R. 6063: National Aeronautics and Space Administration Authorization Act of 2008

May 19, 2008 at 10:36 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty
The text of H.R. 6063: National Aeronautics and Space Administration Authorization Act of 2008 is now available. Topics covered by the bill include:

The Congressional findings:

SEC. 2. FINDINGS.

The Congress finds, on this, the 50th anniversary of the establishment of the National Aeronautics and Space Administration, the following:

(1) NASA is and should remain a multimission agency with a balanced and robust set of core missions in science, aeronautics, and human space flight and exploration.

(2) Investment in NASA’s programs will promote innovation through research and development, and will improve the competitiveness of the United States.

(3) Investment in NASA’s programs, like investments in other Federal science and technology activities, is an investment in our future.

(4) Properly structured, NASA’s activities can contribute to an improved quality of life, economic vitality, United States leadership in peaceful cooperation with other nations on challenging undertakings in science and technology, national security, and the advancement of knowledge.

(5) NASA should assume a leadership role in a cooperative international Earth observations and research effort to address key research issues associated with climate change and its impacts on the Earth system.

(6) NASA should undertake a program of aeronautical research, development, and where appropriate demonstration activities with the overarching goals of–

(A) ensuring that the Nation’s future air transportation system can handle up to 3 times the current travel demand and incorporate new vehicle types with no degradation in safety or adverse environmental impact on local communities;

(B) protecting the environment;

(C) promoting the security of the Nation; and

(D) retaining the leadership of the United States in global aviation.

(7) Human and robotic exploration of the solar system will be a significant long term undertaking of humanity in the 21st century and beyond, and it is in the national interest that the United States should assume a leadership role in a cooperative international exploration initiative.

(8) Developing United States human space flight capabilities to allow independent American access to the International Space Station, and to explore beyond low Earth orbit, is a strategically important national imperative, and all prudent steps should thus be taken to bring the Orion Crew Exploration Vehicle and Ares I Crew Launch Vehicle to full operational capability as soon as practicable.

(9) NASA’s scientific research activities have contributed much to the advancement of knowledge, provided societal benefits, and helped train the next generation of scientists and engineers, and those activities should continue to be an important priority.

(10) NASA should make a sustained commitment to a robust long-term technology development activity. Such investments represent the critically important `seed corn’ on which NASA’s ability to carry out challenging and productive missions in the future will depend.

(11) NASA, through its pursuit of challenging and relevant activities, can provide an important stimulus to the next generation to pursue careers in science, technology, engineering, and mathematics.

(12) Commercial activities have substantially contributed to the strength of both the United States space program and the national economy, and the development of a healthy and robust United States commercial space sector should continue to be encouraged.

(13) It is in the national interest for the United States to have an export control policy that protects the national security while also enabling the United States aerospace industry to compete effectively in the global market place and the United States to undertake cooperative programs in science and human space flight in an effective and efficient manner.

Data Continuity:

TITLE II–EARTH SCIENCE
SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY.

(a) Plan- In view of the importance of Landsat thermal infrared data for both scientific research and water management applications, the Administrator shall prepare a plan for ensuring the continuity of Landsat thermal infrared data or its equivalent, including allocation of costs and responsibility for the collection and distribution of the data, and a budget plan. As part of the plan, the Administrator shall provide an option for developing a thermal infrared sensor at minimum cost to be flown on the Landsat Data Continuity Mission with minimum delay to the schedule of the Landsat Data Continuity Mission.

(b) Deadline- The plan shall be provided to Congress not later than 60 days after the date of enactment of this Act.

International Cooperation:

TITLE IV–INTERNATIONAL EXPLORATION INITIATIVE
SEC. 401. SENSE OF CONGRESS.

It is the sense of Congress that the President of the United States should invite America’s friends and allies to participate in a long-term international initiative under the leadership of the United States to expand human and robotic presence into the solar system, including the exploration and utilization of the Moon, near Earth asteroids, Lagrangian points, and eventually Mars and its moons, among other exploration and utilization goals.

Lunar Exploration:

SEC. 403. LUNAR OUTPOST.

(a) Establishment- As NASA works toward the establishment of a lunar outpost, NASA shall make no plans that would require a lunar outpost to be occupied to maintain its viability. Any such outpost shall be operable as a human-tended facility capable of remote or autonomous operation for extended periods.

(b) Designation- The United States portion of the first human-tended outpost established on the surface of the Moon shall be designated the `Neil A. Armstrong Lunar Outpost’.

(c) Congressional Intent- It is the intent of Congress that NASA shall make use of commercial services to the maximum extent practicable in support of its lunar outpost activities.

Mars Exploration:

SEC. 503. MARS EXPLORATION.

Congress reaffirms its support for a systematic, integrated program of exploration of the Martian surface to examine the planet whose surface is most like Earth’s, to search for evidence of past or present life, and to examine Mars for future habitability and as a long-term goal for future human exploration.

International Space Station:

Subtitle A–International Space Station

SEC. 601. UTILIZATION.

The Administrator shall take all necessary steps to ensure that the International Space Station remains a viable and productive facility capable of potential United States utilization through at least 2020 and shall take no steps that would preclude its continued operation and utilization by the United States after 2016.

SEC. 602. RESEARCH MANAGEMENT PLAN.

(a) Research Management Plan- The Administrator shall develop a research management plan for the International Space Station. The plan shall include a process for selecting and prioritizing research activities (including fundamental, applied, commercial, and other research) for flight on the International Space Station. This plan shall be used to prioritize resources such as crew time, racks and equipment, and United States access to international research facilities and equipment. The plan shall also identify the organization to be responsible for managing United States research on the International Space Station, including a description of the relationship of the management institution with NASA (e.g., internal NASA office, contract, cooperative agreement, or grant), the estimated length of time for the arrangement, and the budget required to support the management institution. The plan shall be developed in consultation with other Federal agencies, academia, industry, and other relevant stakeholders. The plan shall be transmitted to Congress not later than 12 months after the date of enactment of this Act.

(b) Access to National Laboratory- The Administrator shall–

(1) establish a process by which to support International Space Station National Laboratory users in identifying their requirements for transportation of research supplies to and from the International Space Station, and for communicating those requirements to NASA and International Space Station transportation services providers; and

(2) develop an estimate of the transportation requirements needed to support users of the International Space Station National Laboratory and develop a plan for satisfying those requirements by dedicating a portion of volume on NASA supply missions to the International Space Station and missions returning from the International Space Station to Earth.

(c) Assessment- The Administrator shall–

(1) identify existing research equipment and racks and support equipment that are manifested for flight; and

(2) provide a detailed description of the status of research equipment and facilities that were completed or in development prior to being cancelled, and provide the budget and milestones for completing and preparing the equipment for flight on the International Space Station.

(d) Advisory Committee- Not later than 1 year after the date of enactment of this Act, the Administrator shall establish an advisory panel under the Federal Advisory Committee Act to monitor the activities and management of the International Space Station National Laboratory.

SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY.

(a) In General- The International Space Station represents a significant investment of national resources, and it is a facility that embodies a cooperative international approach to the exploration and utilization of space. As such, it is important that its continued viability and productivity be ensured, to the maximum extent possible, after the Space Shuttle is retired.

(b) Contingency Plan- The Administrator shall develop a contingency plan and arrangements, including use of International Space Station international partner cargo resupply capabilities, to ensure the continued viability and productivity of the International Space Station in the event that United States commercial cargo resupply services are not available during any extended period after the date that the Space Shuttle is retired. The plan shall be delivered to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than one year after the date of enactment of this Act.

The Space Shuttle:

Subtitle B–Space Shuttle

SEC. 611. FLIGHT MANIFEST.

(a) Baseline Manifest- In addition to the Space Shuttle flights listed as part of the baseline flight manifest as of January 1, 2008, the Utilization flights ULF-4 and ULF-5 shall be considered part of the Space Shuttle baseline flight manifest and shall be flown prior to the retirement of the Space Shuttle.

(b) Additional Flight To Deliver the Alpha Magnetic Spectrometer to the International Space Station- In addition to the flying of the baseline manifest as described in subsection (a), the Administrator shall take all necessary steps to fly one additional Space Shuttle flight to deliver the Alpha Magnetic Spectrometer to the International Space Station prior to the retirement of the Space Shuttle.

(c) Space Shuttle Retirement Date- The Space Shuttle shall be retired following the completion of the baseline flight manifest and the flight of the additional flight specified in subsection (b), events that are anticipated to occur in 2010.

SEC. 612. DISPOSITION OF SHUTTLE-RELATED ASSETS.

Not later than 90 days after the date of enactment of this Act, the Administrator shall provide a plan to Congress for the disposition of the remaining Space Shuttle orbiters and other Space Shuttle program-related hardware and facilities after the retirement of the Space Shuttle fleet. The plan shall include a process by which educational institutions and science museums and other appropriate organizations may acquire, through loan or disposal by the Federal Government, Space Shuttle program-related hardware. The Administrator shall not dispose of any Space Shuttle-related hardware prior to the completion of the plan.

SEC. 613. SPACE SHUTTLE TRANSITION LIAISON OFFICE.

(a) Establishment- The Administrator shall establish an office within NASA’s Office of Human Capital Management that shall assist local communities affected by the termination of the Space Shuttle program. The office shall offer technical assistance and serve as a clearinghouse to assist communities in identifying services available from other Federal agencies.

(b) Sunset- The Office established under subsection (a) shall cease operations 24 months after the last Space Shuttle flight.

NEOs and Arecibo:

TITLE VIII–NEAR-EARTH OBJECTS
SEC. 801. IN GENERAL.

The Congress reaffirms the policy direction established in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109-155) for NASA to detect, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to or greater than 140 meters in diameter. NASA’s Near-Earth Object program activities will also provide benefits to NASA’s scientific and exploration activities.

SEC. 802. FINDINGS.

Congress makes the following findings:

(1) Near-Earth objects pose a serious and credible threat to humankind, as many scientists believe that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years ago.

(2) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth and recent discoveries of such large objects indicate that many large near-Earth objects remain undiscovered.

(3) Asteroid and comet collisions rank as one of the most costly natural disasters that can occur.

(4) The time needed to eliminate or mitigate the threat of a collision of a potentially hazardous near-Earth object with Earth is measured in decades.

(5) Unlike earthquakes and hurricanes, asteroids and comets can provide adequate collision information, enabling the United States to include both asteroid-collision and comet-collision disaster recovery and disaster avoidance in its public-safety structure.

(6) Basic information is needed for technical and policy decisionmaking for the United States to create a comprehensive program in order to be ready to eliminate and mitigate the serious and credible threats to humankind posed by potentially hazardous near-Earth asteroids and comets.

(7) As a first step to eliminate and to mitigate the risk of such collisions, situation and decision analysis processes, as well as procedures and system resources, must be in place well before a collision threat becomes known.
. . .

SEC. 806. ARECIBO OBSERVATORY.

Congress reiterates its support for the use of the Arecibo Observatory for NASA-funded near-Earth object-related activities. The Administrator shall ensure the availability of the Arecibo Observatory’s planetary radar to support these activities until the National Academies’ review of NASA’s approach for the survey and deflection of near-Earth objects, including a determination of the role of Arecibo, that was directed to be undertaken by the Fiscal Year 2008 Omnibus Appropriations Act, is completed.

COTS and Commercial Space Capabilities:

TITLE IX–COMMERCIAL INITIATIVES

SEC. 901. SENSE OF CONGRESS.

It is the sense of Congress that a healthy and robust commercial sector can make significant contributions to the successful conduct of NASA’s space exploration program. While some activities are inherently governmental in nature, there are many other activities, such as routine supply of water, fuel, and other consumables to low Earth orbit or to destinations beyond low Earth orbit, and provision of power or communications services to lunar outposts, that potentially could be carried out effectively and efficiently by the commercial sector at some point in the future. Congress encourages NASA to look for such service opportunities and, to the maximum extent practicable, make use of the commercial sector to provide those services.

SEC. 902. COMMERCIAL CREW INITIATIVE.

(a) In General- In order to stimulate commercial use of space, help maximize the utility and productivity of the International Space Station, and enable a commercial means of providing crew transfer and crew rescue services for the International Space Station, NASA shall–

(1) make use of United States commercially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable, if those commercial services have demonstrated the capability to meet NASA-specified ascent, entry, and International Space Station proximity operations safety requirements;

(2) limit, to the maximum extent practicable, the use of the Crew Exploration Vehicle to missions carrying astronauts beyond low Earth orbit once commercial crew transfer and crew rescue services that meet safety requirements become operational;

(3) facilitate, to the maximum extent practicable, the transfer of NASA-developed technologies to potential United States commercial crew transfer and rescue service providers, consistent with United States law; and

(4) issue a notice of intent, not later than 180 days after the date of enactment of this Act, to enter into a funded, competitively awarded Space Act Agreement with two or more commercial entities for a Phase 1 Commercial Orbital Transportation Services (COTS) crewed vehicle demonstration program.

(b) COTS Authorization of Appropriations- There are authorized to be appropriated to NASA for the program described in subsection (a)(4) $50,000,000 for fiscal year 2009, to remain available until expended.

(c) Congressional Intent- It is the intent of Congress that funding for the program described in subsection (a)(4) shall not come at the expense of full funding for Orion Crew Exploration Vehicle development, Ares I Crew Launch Vehicle development, or International Space Station cargo delivery.

(d) Additional Technologies Authorization of Appropriations- There are authorized to be appropriated to NASA for the provision of International Space Station-compatible docking adaptors and other relevant technologies to be made available to the commercial crew providers selected to service the International Space Station $50,000,000, to remain available until expended.

(e) Crew Transfer and Crew Rescue Services Contract- If a commercial provider demonstrates the capability to provide International Space Station crew transfer and crew rescue services and to satisfy NASA ascent, entry, and International Space Station proximity operations safety requirements, NASA shall enter into an International Space Station crew transfer and crew rescue services contract with that commercial provider for a portion of NASA’s anticipated International Space Station crew transfer and crew rescue requirements from the time the commercial provider commences operations under contract with NASA through calendar year 2016, with an option to extend the period of performance through calendar year 2020.

Space Traffic Management:

SEC. 1102. SPACE TRAFFIC MANAGEMENT.

(a) In General- As more nations acquire the capabilities for launching payloads into outer space, there is an increasing need for a framework under which information intended to promote safe access into outer space, operations in outer space, and return from outer space to Earth free from physical or radio-frequency interference can be shared among those nations.

(b) Discussions- The Administrator, in consultation with other appropriate agencies of the Federal Government, shall initiate discussions with the appropriate representatives of other spacefaring nations with the goal of determining an appropriate framework under which information intended to promote safe access into outer space, operations in outer space, and return from outer space to Earth free from physical or radio-frequency interference can be shared among those nations.

Export Controls:

SEC. 1103. STUDY OF EXPORT CONTROL POLICIES RELATED TO CIVIL AND COMMERCIAL SPACE ACTIVITIES.

(a) Review- The Director of OSTP shall carry out a study of the impact of current export control policies and implementation directives on the United States aerospace industry and its competitiveness in global markets, and on the ability of United States Government agencies to carry out cooperative activities in science and technology and human space flight, including the impact on research carried out under the sponsorship of those agencies.

(b) Consultation- In carrying out the study, the Director shall seek input from industry, academia, representatives of the science community, all affected United States Government agencies, and any other appropriate organizations and individuals.

(c) Report- The Director shall provide a report detailing the findings and recommendations of the study to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 9 months after the date of enactment of this Act.

Library: A Round-up of Reading

April 28, 2008 at 10:24 am | Posted in Library | 2 Comments

Articles
Anthony Cordato, Now Sit Back, Relax And Enjoy the Flight!, International Travel Law Journal, p. 24 (2008).

Nuraisyah Chua Abdullah, ‘Delay Terms’ In Airline Contracts: Aspects of UK and Malaysian Law and Practice, International Travel Law Journal, p. 41 (2008).

Gerard Morales and Matthew Goldstein, “Deemed Exports” Of Technology: How Safe Is Your Client’s Company?, 54 Practical Lawyer 29 (2008).

Jackson Nyamuya Maogoto and Steven Freeland, Space Weaponization and the United Nations Charter Regime on Force: A Thick Legal Fog or a Receding Mist?, 41 International Lawyer 1091 (2007)

Harper, Jacob M. Development. Technology, politics, and the new space race: the legality and desirability of Bush’s national space policy under the public and customary international laws of space. 8 Chi. J. Int’l L. 681-699 (2008). [L][W]

Maogoto, Jackson and Steven Freeland. The final frontier: the laws of armed conflict and space warfare. 23 Conn. J. Int’l L. 165-195 (2007).

Wayne Eleazer, The satellite shootdown: the rest of the story – The Space Review

Commentary
Dennis Wingo – Establishing the Vision for Space Exploration – SpaceRef

Blogs
State Department’s Frank Ruggiero Interviewed on Defense Exports – Export Law Blog

The Next Steps for Spaceport America – Personal Spaceflight


Soyuz and Congress
– Space Politics


Virginia Provides Spaceport Bonds
– Spaceports

Space cops will use VTHL spacecraft – Dick’s Rocket Dungeon

Clinton introduces a familiar-looking Arecibo bill – Space Politics

Press Releases
Improved governance needed to realize nanotech’s benefits -SpaceRef

NASA JPL HSPD-12 Media Advisory: Court Denies Government Petition for Injunction Review -SpaceRef

Reports
National Transportation Safety Board: Progress Made in Management Practices, Investigation Priorities, Training Center Use, and Information Security, But These Areas Continue to Need Improvement. GAO-08-652T, April 23

Nanotechnology: Better Guidance Is Needed to Ensure Accurate Reporting of Federal Research Focused on Environmental, Health, and Safety Risks. GAO-08-402, March 31

Space Acquisitions: DOD Is Making Progress to Rapidly Deliver Low Cost Space Capabilities, but Challenges Remain. GAO-08-516, April 25

National Science Foundation – NSF 08-42, Arctic Observing Network (AON): Toward a U.S. Contribution to Pan-Arctic Observing

Testimony
Statement of Robert A. Sturgell, Acting Administrator Before the Senate Committee on Appropriations, Subcommittee on Transportation, Housing and Urban Development, and Related Agencies on Field Hearing on Airspace Redesign and Flight Scheduling Practices at Philadelphia International Airport

For Fun
NASA Intern Hoping To Go On Space Walk Before He Leaves In June – The Onion

110th Congress: Space Law Legislative Round-Up

January 8, 2008 at 3:30 pm | Posted in Space Law | Leave a comment

by Joanne Irene Gabrynowicz and the blog faculty
The start of the new year is an excellent time to take stock of what is happening in Congress regarding space law. Below is a list of all the space law bills and resolutions introduced during the first session of the 110th Congress. Enjoy!

LEGISLATION

H.R. 266: To authorize the President to posthumously award a gold medal on behalf of the Congress to the seven members of the crew of the space shuttle Columbia in recognition of their outstanding and enduring contributions to the Nation.
Status: introduced

H.R. 807: Columbia Space Shuttle Memorial Study Act
Introduced: passed house
Purpose: “To direct the Secretary of the Interior to conduct a special resource study to determine the feasibility and suitability of establishing a memorial to the Space Shuttle Columbia in the State of Texas and for its inclusion as a unit of the National Park System.”

H.R. 2153: 21st Century Competitiveness Act of 2007
Status: Introduced
Purpose: “To recognize and enhance the contributions of the National Aeronautics and Space Administration to the Nation’s competitiveness in the 21st Century, and for other purposes.”

H.R. 2272: America COMPETES Act
Status: enacted
Purpose: “To invest in innovation through research and development, and to improve the competitiveness of the United States.” (Includes a section on NASA).

H.R. 2285: Spaceport Equality Act of 2007
Status: Introduced
Purpose: “To amend the Internal Revenue Code of 1986 to treat spaceports like airports under the exempt facility bond rules.”

H.R. 2750: NASA 50th Anniversary Commemorative Coin Act
Status: Passed House
Purpose: “To require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration.”

H.R. 3737: To provide for National Science Foundation and National Aeronautics and Space Administration utilization of the Arecibo Observatory
Status: Introduced
Purpose: “To provide for National Science Foundation and National Aeronautics and Space Administration utilization of the Arecibo Observatory”

H.R. 4308: NASA Innovation Fund and Sponsorship Act of 2007
Status: introduced
Purpose: “To create a sponsorship program to help fund NASA’s Centennial Challenges prize program and expand public awareness of NASA activities and technology needs, and for other purposes.”

H.R. 4780: To enact title 51, United States Code, “National and Commercial Space Programs”, as positive law.
Status: introduced
Purpose: ” The purpose of this Act is to codify certain existing laws related to national and commercial space programs as a positive law title of the United States Code.”

H.R. 4837: Spacefaring Priorities for America’s Continued Exploration Act
Status: Introduced
Purpose: “To authorize the Space Shuttle to be flown from 2010 through 2015, and to authorize appropriations for the National Aeronautics and Space Administration for this purpose.”

H.R. 4916: Aeronautics and Space Prize Act
Status: introduced
Purpose: “To create a National Endowment to advance private sector development of aeronautics and space technologies by way of the National Advanced Space and Aeronautical Technologies Prize Award Program.”

H.R. 4917: NEO Preparedness Act
Status: Introduced
Purpose: “To formulate situation and decision analyses, and to select procedures and systems, for deflecting and mitigating potentially hazardous near-Earth objects.”

RESOLUTIONS

H. Res. 357: Supporting the goals and ideals of the Intermediate Space Challenge in Mojave, California
Status: Introduced

H. Res. 421: Honoring the trailblazing accomplishments of the “Mercury 13″ women, whose efforts in the early 1960s demonstrated the capabilities of American women to undertake the human exploration of space.
Status: Passed House

H. Res. 891: Celebrating 35 years of space-based observations of the Earth by the Landsat spacecraft and looking forward to sustaining the longest unbroken record of civil Earth observations of the land.
Status: Introduced

H. Res. 906: Commemorating the 25th Anniversary of the United States Air Force Space Command headquartered at Peterson Air Force Base, Colorado
Status: Introduced

H. Con. Res. 76: Honoring the 50th Anniversary of the International Geophysical Year (IGY) and its past contributions to space research, and looking forward to future accomplishments.
Status: Passed House and Senate

H. Con. Res. 225: Honoring the 50th anniversary of the dawn of the Space Age, and the ensuing 50 years of productive and peaceful space activities
Status: Passed House

S. Res. 81: A resolution recognizing the 45th anniversary of John Hershel Glenn, Jr.’s historic achievement in becoming the first United States astronaut to orbit the Earth.
Status: Passed Senate

S. Res. 389: A resolution commemorating the 25th Anniversary of the United States Air Force Space Command headquartered at Peterson Air Force Base, Colorado.
Status: Passed Senate

H.R. 2764:Consolidated Appropriations Act 2008 Signed Into Law

January 2, 2008 at 3:27 pm | Posted in Space Law | Leave a comment

United States Congressby P.J. Blount with the blog faculty
On December 26 President Bush signed H.R. 2764 into law. The Consolidated Appropriations Act 2008 included, among other things, NASA’s budget for Fiscal Year 2008.

For analysis of the bill check out Space Politics: NASA FY2008 budget review: summary, NASA FY2008 budget review: reports and studies, and NASA FY2008 budget review: other provisions. Also check out Space Prizes.

Res Communis’ coverage can be found here, here, and here

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