A space journalist suddenly notices that the FCC has no legal authority to regulate space junk

An article posted yesterday at Space News was unusual in that this mainstream media space news source and its reporter suddenly recognized, more than a year late, that the FCC’s effort to impose regulations on all satellite companies requiring they build satellites a certain way to facilitate their de-orbit at the end of their lifespan, is based on no statutory authority and is thus illegal.

[A] Supreme Court ruling in June struck down a principle widely known as “Chevron deference,” which gave agencies greater latitude in interpreting ambiguities in laws they enforced. The move has raised questions over the FCC’s space sustainability jurisdiction without a federal law that explicitly authorizes it or other agencies to establish and enforce debris mitigation rules.

Still, the FCC is seen as the logical agency to handle the risk of orbital debris. If courts rule that the FCC has not been granted the authority, Congress will likely address this once it gets around to tackling the issue.

My, my! You mean a federal bureaucrat doesn’t have the right to make law out of thin air, just to facilitate what that bureaucrat thinks should be done? Who wudda thought it!

As an old-fashioned American who believes in freedom and limited government (as clearly established by our Constitution) I had recognized this legal fact immediately in January 2023, when the FCC first made its power grab. That our young modern journalists don’t understand this is both tragic and disgraceful.

What makes this even more disgraceful is that the entire article lobbies hard for the FCC, claiming with no real evidence that “the FCC is seen as the logical agency to handle the risk of orbital debris.”

What this reporter should have known and reported is that both the House and the Senate have disgreed, forcefully. In the House one bill was introduced to give the de-orbit regulatory power to the FAA, while later rejecting a second bill that would have given that power to the FCC. The Senate meanwhile introduced its own bill giving this de-orbit regulatory power to the FAA and Commerce, not the FCC.

Sadly it is probably a mistake to give any government agency too much power in this matter, but our Congress will do so regardless. That is how things are done nowadays. Americans are expected to kow-tow to Washington regulators, in everything they do. Freedom is not the default approach. Regulation is.

NASA requests industry proposals for its canceled satellite refueling demo mission

NASA today issued a request-for-information, asking the commercial aerospace industry for “alternate use” ideas for using the “flight hardware, test facilities, and experienced personnel” of its canceled satellite refueling demo mission, dubbed OSAM.

The request suggests NASA is hoping a private company will pick up the mission at its own cost, thus getting it off NASA’s hands. The agency canceled it because it is almost a decade behind schedule, hundreds of millions of dollars over-budget, and has an absurd workforce of 450 people. The agency is also under pressure from the Senate not to cancel the project, because our idiotic elected officials like to make-believe that funding these make-work projects accomplishes something.

Even if a private company takes on the project, if it does so at its own expense that workforce is certain to be reduced, possibly as much as 90%. No commercial satellite company is going to get saddled with that cost. It will want NASA to pay the bill.

Trump indirectly tells us the swamp WILL be drained if he is re-elected

Trump defiant after being shot
Trump defiant

Today I saw a short clip of Donald Trump answering a question about whether he is getting the normal intelligence briefings traditionally given to all presidential candidates. His answer was startling:

Well I could [get them] if I wanted them, but I don’t want them. … They come in, they give you a briefing and then two days later they leak it and then they say you leaked it. The only way to solve that problem is not to take them.

On its face Trump is simply telling us he is now being careful with whom in the government he deals with. On a deeper level, he is showing us that he is no longer the naive businessman he was in 2016. At that time he wanted very much to reform Washington, but he thought he had the good will of the people in Washington to help him do it. (Remember, for most of his life he was a dedicated Democrat with many friends on the left.)

Instead, he found himself stymied and back-stabbed and attacked on all levels. » Read more

NASA reconsiders cancellation of overbudget and behind schedule robotic refueling mission

Due to some pressure from Congress (which wants the 450 jobs the project employs), NASA is now reconsidering its cancellation of the On-Orbit Servicing, Assembly and Manufacturing (OSAM) 1 mission, designed in the late 2000s to demonstrate the robotic refueling of a dead satellite but is so overbudget and behind schedule that in the interim private enterprise accomplished the same goal now repeatedly for a fraction of the cost.

Language in the final fiscal year 2024 appropriations bill, released just days after NASA’s cancelation announcement, which fully funded OSAM-1 at $227 million, directed NASA to adjust the mission to launch in 2026 within the spending profile NASA included in its 2024 budget request. That could be done, the report accompanying the bill suggested, through “potential de-scoping of some non-essential capabilities,” adding that if it is not possible, NASA should conduct another continuation review in September.

In other words, Congress wants NASA to keep this project, even if it means cutting the budget of other more useful and valuable missions.

OSAM has cost a billion dollars so far, and after almost fifteen years has not yet flown. Meanwhile, Northrop Grumman’s MEV servicing robot has already provided fuel to several dead satellites, while orbital tug startups are flying missions and developing the same refueling capabilities for far less. The industry doesn’t need this demonstration mission anymore. It has already demonstrated it, and done so better.

Moreover, why the heck does OSAM require 450 people? That number is absurd, and likely exceeds the payrolls of all the orbital tug companies plus Northrop’s robotic servicing division combined.

There is hope for the American taxpayer. The legislative recommendations above come solely from the Senate. The House appears less interested in spending this money. And NASA has not yet decided what it will do.

FAA releases proposed environmental assessment of Boca Chica permitting more Starship/Superheavy launches

Superheavy/Starship lifting off on March 14, 2024
Superheavy/Starship lifting off on March 14, 2024

In advance of several planned public meetings, the FAA today released [pdf] its proposed environmental assessment of SpaceX’s proposal to increase the number of orbital launches allowed per year from Boca Chica from 5 to 25.

The report makes for some fascinating reading. First and foremost it indicates the FAA’s general approval of this new launch cadence. That approval however must also be given by the public in comments at those meetings, as well as by the National Park Service (NPS), U.S. Fish and Wildlife Service (USFWS), the U.S. Coast Guard (USCG), and the National Aeronautics and Space Administration (NASA). Expect serious objections from the NPS and USFSW, both of which have acted to slow or stop SpaceX in the past, when each was given the opportunity. Both have a new opportunity here.
» Read more

Senate gives NASA cash to stop its tantrum

Surprise, surprise! As expected after NASA proposed major cuts in several missions, such as the Chandra Space Telescope and the OSAM demo robotic refueling mission, the subcommittee of the Senate Appropriations Committee has rejected those cuts and instead proposed that NASA not only get everything it asked for, it be forced to take more money than it requested.

I am certain that NASA is not going to complain, as this was its plan from day one. The cancellation of Chandra was intended as a toddler’s tantrum that our weak Congress was certain to bow to and come up with the cash. It has now done so.

The report directs NASA to spend at least $98.3 million on Hubble and up to $72.1 million on Chandra, similar to the budgets for those missions in recent years, emphasizing the ability of the telescopes to work in conjunction with the James Webb Space Telescope.

In this case the Senate action makes some sense, as these cuts would have been penny wise and pound foolish. But NASA knew that. If the Senate was really interested in controlling the budget (which it is not) it would have funded Chandra and Hubble as described, but demanded cuts from NASA elsewhere.

Instead the Senate committee not only demands that these telescopes be maintained, it doles out extra money the nation doesn’t have for other projects that NASA wanted to cut for entirely legitimate reasons. OSAM for example was conceived more than a decade ago as a mission designed to demonstrate robotic refueling in space. After spending a billion and a decade, it had still not flown, and during that time private companies had not only successfully demonstrated this capability several times for far less, they had done so in a far simpler and more profitable manner. The technical need for OSAM was gone. Why spend the additional billion we can’t afford for a project that will prove nothing?

Congress, especially the Senate, likes wasting money however, and so the appropriations committee in an entirely bi-partisan effort is pushing to revive OSAM, as well as several other projects that have either gone over budget or NASA had deemed correctly were unaffordable.

The dark age has already begun in many ways, but its official start will be marked by future historians by the date the United States undergoes a full financial collapse, due to its government’s unwillingness to rein in a national debt that is now in the many many trillions and growing uncontrollably each day.

Everything connected to Washington and the Democratic Party stinks like a rotting corpse

I didn’t post an essay yesterday because I could not figure out what to write. The insanity of the past week, with Trump’s near assassination, the horrendous incompetence of the Secret Service, the sudden disappearance of Joe Biden, and then his somewhat mysterious withdrawal from the candidacy of the presidency, all presented too many topics that were changing too fast to digest.

Vultures eating carrion

All I can now take from these events is an impression of a rotting corpse, the Democratic Party, that the voters should have buried decades ago. Instead, the voters have propped it up, allowing its stink to spread until it has poisoned everything related to American government and the noble but now dying principles that formed it.

For example, it now appears that the colossal security failure on July 13th during Trump’s Pennsylvania rally was the result of providing the Secret Service too few resources, forcing it to depend more on local authorities than normal. The Secret Service and the local police then showed themselves to all be utterly incompetent. It appears communications between these different government agencies was poor or non-existent. The local people were supposed to secure the top of the roof where the assassin eventually placed himself, but decided instead to go inside the building because the roof “was too hot.”

Unfortunately, it seems this decision wasn’t conveyed to the Secret Service properly. It therefore appears Crooks was able to station himself on the roof and fire at Trump because the Secret Service thought he was a local police sniper.

At least, that’s my interpretation of the facts, as presently understood. » Read more

Another “rightwing COVID conspiracy theory” proves to be true

Today's modern witch hunt
Burning witches: The debate technique used by
those in charge during the Wuhan panic

Since the very beginning of the COVID panic in 2020 many perfectly reasonable people, both inside and outside the medical community, suggested that COVID was artifically created and that the evidence strongly suggested its source was from a lab leak at the Wuhan Institute of Virology.

Worse, the evidence suggested that this work was partly funded by the United States itself — approved by federal bureaucrats like Anthony Fauci — that funnelled government contracts to China to do dangerous infectious disease research which that hostile nation could then use against us.

Unfortunately, those individuals found themselves routinely mocked as pushing a “rightwing COVID conspiracy theory,” with many finding their careers destroyed by blacklisting. During those dark times it was forbidden to ask any questions that went against the leftist government narrative that pushed the myths that COVID was a deadly perfectly natural disease, that lockdowns, masks, and social distancing were the only ways to stop it, and that in the end only the COVID jab could cure it.

We now know without question that those accepted wisdoms, enforced by brutal intolerance, were all wrong, and that the blackballed individuals who advocated otherwise were 100% correct.

Or to put it more bluntly, the only difference between a “rightwing conspiracy theory” and the truth is a few months.

This week we got another proof of this apt saying.
» Read more

Congress passes new authorization bill for FAA that includes short extension of “learning period”

The new FAA authorization bill that that House approved yesterday and was passed previously by the Senate includes a short extension to the end of the year of the so-called “learning period” that is supposed to restrict the agency’s ability to regulate the new commercial space industry.

That limitation was first established in 2004 with a time period of eight years. It has been extended numerous times since then. The most recent extensions however have been very short, suggesting Congress (mostly from the Democrat side of the aile) wants to soon eliminate it. Whether that happens when it comes up for extension again at the end of 2024 will depend greatly on which party is in control after the election.

It really doesn’t matter. Everything the FAA has been doing in the past three years suggests this learning period no longer exists anyway. The agency has been demanding every new American company or rocket or spacecraft meet much higher regulatory requirements, which appears to have slowed significantly the development of those new companies, rockets, or spacecraft in the past two years.

These are the idiots WE have put in power

Bill Nelson exhibiting his ignorance to Congress
Bill Nelson exhibiting his ignorance to Congress

On April 17, 2024 Bill Nelson, former Democratic Party senator and now NASA’s administrator, testified at a budget hearing in the House of Representives about the proposed 2025 NASA budget proposed by the Biden administration.

Such testimony is routinely boring and tells us nothing, which is why I no longer waste much time listening to it.

Other do, however, and as a result we all find out about moments of stupidity such as this one, spouted by Nelson:

“What do you think the Chinese are trying to get at, at the back side of the moon?” Rep. David Trone (D-MD) asked Nelson at a congressional hearing last week.

“They are going to have a lander on the far side of the moon, which is the side which is always in dark. Uh, we’re not planning to go there,” he said.

Trone followed up by asking, “And why not? What’s the benefit of doing so?”

“We don’t know what’s on the back side of the moon, so, uh, that would be something that they would discover,” the NASA administrator told lawmakers on Capitol Hill. “But our decision is that it’s more profitable for us to go to the South Pole of the moon because that’s where we think the water is,” he added.

First, Nelson exhibits the same kind of utter ignorance about basic space science as did congresswoman Sheila Jackson Lee (D-Texas) when she proclaimed on April 8, 2024 that the Moon “was made up mostly of gases.” Nelson says the “dark side” is always dark, when it is well known for many centuries that the back side of the Moon is sometimes referred to as the “dark side” not because it is dark, but because it is never visible to us on Earth, and until the space age no one knew what was there.

Furthermore, since the 1960s however we have known what is there, even if Nelson is an ignoramus about these basic facts. Landing there to research it up close and in detail is a entirely laudable science goal, something American scientists have wanted to do for decades. China is simply doing it.

Finally, China is also targeting the south pole for its lunar base, something Nelson seems utterly unaware, an ignorance that is shocking considering their lunar base goals are potentially in direct conflict with our lunar base goals.

You would think the administrator of NASA would know these basic facts.
» Read more

It is simple: Conservatives don’t have the votes

The Republican Party and its voters
The modern Republican Party and its voters

Many conservatives both in Congress and out have recently railed in fury at the compromises that House speaker Mike Johnson (R-Louisiana) has made with the Democrats in order to pass large multi-billion dollar foreign aid bills to help the Ukraine, Israel, and Taiwan protect their sovereignty and borders, while doing nothing to pass any bills to secure the American border at all.

That fury is best represented by Marjorie Taylor Greene, (R-Georgia), who has filed a motion to vacate the speaker but as yet has not followed through to force a vote. She has repeatedly condemned his willingness to work to pass Democratic Party proposals while doing little to help Republicans get their bills passed.

The problem however for Johnson is the same one faced by the previous Republican speaker, Kevin McCarthy, as well as the Republican speaker before him, Paul Ryan, and the speaker before him, John Boehner. All struggled to get Republican proposals passed, and all failed. None could garner a majority strong enough, especially because the Democrats stood firm and united in opposition and many Republicans were actually more allied with the Democratic Party agenda. It is this same problem that Greene faces and is why she has not moved to force a vote for a new speaker.
» Read more

Part 3: The expected tantrum of madness should Biden actually lose the election

The Democratic Party: hostile to freedom and fair elections

For the past two days I have tried to lay out some of the illegal and immoral strategies and tactics of the Democratic Party in its relentless effort to guarantee a win in this year’s presidential election, no matter what. (For the first two parts, go here and here.)

The bottom line is that Democratic Party politicians and their allies in the press and big tech will stop at nothing to prevent Donald Trump from regaining the White House. They will cheat, lie, encourage riots and looting, censor and blacklist their opponents, and in the end, even commit election and voter fraud on a massive scale.

But despite all this, what if Donald Trump still ends up victorious? Right now a rational look at both the polling trends and the disastrous consequences of Joe Biden’s presidency all suggest the American public is screaming for a change. The historic shift in the black and hispanic populations to Trump and away from the Democratic Party underlines these trends quite clearly. These trends are further underlined by the presence of two different moderate-left alternative presidential tickets, both drawing the bulk of their support from the Democrats.

In the end, this data tells us that it is very likely that none of the chaos and violence and fear-mongering and vote tampering by the Democrats will work, that in the end Donald Trump will emerge as the winner.

How will this now very close-minded and very vicious Democratic Party respond when that happens? The signs tell us that they can no longer tolerate defeat, or even the existence of alternative parties. (For example, consider the relentless effort by the Democrats to legally squelch these alternative parties from the ballot box.) For them, “democracy” only exists when they win.

We should therefore expect these terrible things to happen in short order after election day.
» Read more

Part 1: The expected upcoming election chaos caused by the left’s hatred of any opposition

The Democratic Party: hostile to freedom and fair elections

The kerfuffle this week at MSNBC because NBC had hired former Republican National Committee (RNC) chairwoman Ronna McDaniel is important not because of what eventually happened (MSNBC quickly announced McDaniel was banned though she would still appear on NBC), but by what it reveals of the left’s political class.

Democrat politicians everywhere, both pretending to be journalists at MSNBC as well as within the leaders of the Democratic Party, complained that it was unacceptable to hire a former Republican Party leader, simply because she had dared express opinions and conclusions they disagreed with.

“The free and independent press is fundamental to our democracy and has and continues to face unprecedented attacks by Donald Trump and his lackeys – including Ronna McDaniel – to chip away at its credibility and allow space for MAGA lies and deceit,” Democratic National Committee Chairman Jaime Harrison fumed in a statement. “There should be no debate about the truth in our political discourse. Ronna McDaniel is a proven liar, and has no place in an honest and objective conversation about the future of this country.”

Gee, I don’t remember anyone complaining when NBC hired Chuck Todd, who hosted fund-raising events for Hillary Clinton and whose wife is a major leftist strategist who did campaign work for Bernie Sanders. Nor did anyone complain when ABC hired George Stephanopoulos, a longtime Democratic Party campaign worker who was a major player in Bill Clinton’s campaign. Nor did any of these so-called journalists complain about these hires:
» Read more

What to expect on the next few Starship/Superheavy test launches

Superheavy/Starship lifting off on March 14, 2024
Superheavy/Starship lifting off on March 14, 2024

As noted last week by Eric Berger after the third orbital test launch of SpaceX’s Superheavy/Starship rocket on March 14, 2024, this rocket is presently only a few short steps to becoming an operational expendable rocket that can put 100 to 150 metric tons into orbit for about the cost of a Falcon Heavy launch.

To completely achieve this status SpaceX will still have to accomplish several additional engineering goals during the next few test flights, beyond what it has been done so far. This is what I predict therefore for the next test flight, number four:

Superheavy

SpaceX will once again attempt to softly bring Superheavy down over the ocean in the Gulf of Mexico, hovering the stage vertically over the surface for a few seconds to demonstrate it could do the same once it eventually comes down next to the launch tower so that the chopsticks can grab it. To do this the company will have to figure out what went wrong on last week’s flight, when the stage began to tumble as it dropped below 100 kilometers altitude. It also appeared to be unable to fire its engines as planned.

An even more important achievement on this third flight however will be a third straight successful hot fire stage separation, sending Starship on its way to orbit as planned. If Superheavy can do this for the third time, it will prove without doubt that the rocket stage is now capable of doing its number one job, launching payloads. Reusability can follow later.

Starship
» Read more

In the NASA budget now approved, Congress demonstrates once again its utter bankruptcy

Negotiators for both the House and Senate have now released a federal budget for the 2024 fiscal year that includes NASA’s budget, and in doing so clearly illustrates by that NASA budget how utterly incompetent, irresponsible, and useless this Congress continues to be.

First of all, this budget is for this fiscal year, that actually began six months ago in October 2023. That Congress can’t come up with a budget on time has not only become routine, those budgets continue to arrive later and later, or not at all.

The budget itself was an attempt to fix things, because it actually is a detailed budget made up of six appropriation bills that the House began developing last year, rather than a massive omnibus bill that no one had reviewed or read. The goal with each bill was to reduce actual spending across the board — as much as 28.8% — not simply slow the growth of that spending.

However, that effort this year has been a failure. The use of continuing resolutions to keep the government running at previously high levels for the first six months of this fiscal year has largely defeated that effort. Do not expect the budget to shrink in 2024 in any major manner at all.

The budget for NASA also gives us a good window into Congress’s bankruptcy.
» Read more

JPL to lay off 8% of its work force plus 40 contractors

Claiming the uncertainty of its federal budget allocation due to Congress’s inability to pass a new budget, the Jet Propulsion Lab (JPL) earlier today announced it was laying off 8% of its work force, 530 employees, plus 40 contractors.

In a memo to JPL staff Feb. 6, [director Laurie] Leshin said that a lack of a final 2024 appropriations bill — NASA is operating on a CR [continuing resolution] that runs until March 8 — forced the layoffs after taking other measures such as a hiring freeze and reductions in MSR [Mars Sample Return] contracts and other spending, as well as the earlier contractor layoffs. “So in the absence of an appropriation, and as much as we wish we didn’t need to take this action, we must now move forward to protect against even deeper cuts later were we to wait,” she wrote.

Uncertainty about how the Mars Sample Return project should be designed and built had caused Congress to express doubts about the project, with the Senate suggesting major cuts. NASA responded by loudly pausing the project and suggesting its own cuts. JPL has now followed up with these layoffs. Both have I think done so as a lobbying tactic, and as expected in this game of budget lobbying these actions have caused many legislators to scream in horror: “We really didn’t mean it! We really don’t want to cut anything!”

Expect our bankrupt Congress to fold and provide NASA and JPL the blank check it wants to fly a Mars mission that will cost billions, be years late, and likely be beaten to Mars by SpaceX’s Starship (which could do the job for a tenth the cost).

Bi-partisan bill proposed giving space traffic management to Commerce, not FCC

On January 25, 2024 a bill sponsored by a bi-partisan group of senators was introduced assigning the job of managing orbital traffic and the removal of defunct satellites to the Commerce Department, essentially telling both the FCC and NOAA that the attempt by those agencies to grab this power, outside of their statutory authority, will be opposed by elected officials.

The bill puts the responsibility of managing satellite and spacecraft traffic and the regulations regarding de-orbiting satellites to Office of Space Commerce (OSC) within Commerce. It is also supported by the comercial industry, which has not been happy especially with the FCC’s regulatory power grab. Unlike the regulations the FCC is creating, this bill relies heavily on industry advice and consensus, the very people who not only know best what needs to be done, but are the only ones qualified to do it.

Of course, the bill must pass both the Senate, House, and be signed by the President before it becomes law. Whether that can happen remains uncertain, especially since there appear to be a lot of factions inside DC who want to give federal agencies like the FCC legal carte blanche to regulate however they see fit, superseding Congress, the Constitution, and the law. And it seems that Congress now is so weak, those factions might just get what they want.

NASA’s useless safety panel once again sticks its nose where it isn’t qualified to go

For the third year in a row, the annual report of NASA’s generally useless and often corrupt safety panel, the Aerospace Safety Advisory Panel (ASAP), is once again focused not on technical safety issues related specifically to engineering — the reason the panel was first formed in 1968 following the Apollo 1 launchpad fire that killed three asteronauts — but NASA’s general management and long term strategies and plans, something that is entirely the responsibility of Congress and elected officials.

As the press release notes right at the top, “The report highlights 2023 activities and observations on NASA’s Strategic Vision and Guiding Principles, Agency Governance, and Moon to Mars Program Management.” On none of these issues does this panel have any expertise, or even qualifications. Most of its membership are former government bureaucrats, with only one panel member coming mostly from the private sector.

More important, while the panel is supposed to be review NASA’s engineering to make sure it is not getting sloppy, its panelists are all management types, not engineers.

To give the panel some credit, its report [pdf] does actually note the many risks NASA is taking on its various Artemis manned lunar flights, including more than a dozen engineering designs which will be flown for the first time on the first Artemis manned mission to land on the Moon. However, while this should be the panel’s number one concern, it buries it inside the report, and simply recommends that NASA redistribute these firsts across multiple missions. How NASA should do this is not addressed.

Last year I simply noted ASAP’s annual report in a quick links post, adding that “It has been so wrong so many times in the past, clearly biased against private space while favoring NASA, its analysis is simply worthless.” That conclusion still applies.

The sooner Congress stops wasting any money on this panel, the better. It provides no real service except to slow down development. And it is now putting itself above Congress in its effort to influence strategic and programming.

Fauci: Now an admitted liar as well as incompetent scientist

Fauci: Washington's top liar
Anthony Fauci: the liar-in-chief during
the Wuhan panic

This week Anthony Fauci was brought before a committee in the House of Representatives for closed-door hearings on his actions during the COVID epidemic in 2020-2021. Though supposedly private, the committee has been providing detailed recaps of Fauci’s testimony.

What it has learned is that Fauci was not only a chronic liar during his time as director of the National Institute of Allergy and Infectious Diseases (NIAID), he was also utterly incompetent as both a scientist as well as an administrator.

None of this really is news. As early as December 2020 Fauci admitted publicly that he had purposely misstated facts and scientific data for political reasons. Repeatedly I have reported many other examples of his dishonesty and incompetence (see for example these posts from June ’21, April ’22, September ’22, November ’22, and September ’23).

Nonetheless, Fauci’s testimony now is worth reviewing, because it underlines starkly how he misled and misinformed the public, causing great harm for no gain.

First, he admitted in testimony that the demands by him and the government that everyone maintain a six-foot distance during the epidemic was utter garbage, based on no scientific data at all.

In Tuesday’s session, Fauci admitted that the six-foot social distancing recommendation “was likely not based on any data,” according to the committee. “It just sort of appeared,” it wrote, quoting Fauci.

In August 2020 I found evidence suggesting the only source for this absurd rule came from a high school science project. Fauci has now essentially confirmed this, admitting that there is no legitimate science behind the six-foot rule.
» Read more

JPL lays off 100 contractors due to expected budget cuts

JPL last week laid off 100 contractors due to expected budget cuts in its troubled Mars Sample Return (MSR) mission.

A JPL spokesperson confirmed Jan. 7 that the center laid off the contractors and took other measures, such as across-the-board spending cuts and pausing work on one aspect of MSR, because of the “uncertain federal budget” in fiscal year 2024. The Los Angeles Times first reported the layoffs.

NASA announced in November that it would slow down work on MSR because of sharp differences in proposed funding for the effort in separate House and Senate bills. A House appropriations bill would provide the agency’s full request of $949.3 million while the Senate version allocated only $300 million.

Since the final budget has not been determined, nor has NASA made any decisions on what will happen to the sample return mission, these cuts (as well as NASA’s slowdown in November) are as much a political act as anything. JPL and NASA are trying to pressure Congress to fully fund everything, and by imposing cuts now the agencies generate news that elected officials don’t like. Routinely the legislators then back off of any budget cuts.

We shall see. Congress remains bankrupt, treating its budget as a blank check with money that grows on trees. Yet the sample return mission as presently designed is a mess. It needs a major reshaping in every way.

Republicans propose another deep state bureaucracy to enforce civil rights laws

Failure Theater!

Failure theater: In their typically impotent attempt to fight the leftist movement that is imposing a new racial bigotry across America, several Republicans in Congress have proposed a new special government office in Washington that will be specifically assigned the job of preventing racial discrimination at universities.

The College Admissions Accountability Act, introduced by Sen. J.D. Vance (R., Ohio) and Rep. Jim Banks (R., Ind.), would establish a special inspector general within the Education Department—separate from the Office of Civil Rights—to probe potential violations of the colorblind standard set forth in Students for Fair Admissions v. Harvard, which ruled that race-conscious admissions programs violate the 14th Amendment. The bill would also bar schools that flout the decision from receiving any form of federal aid.

…The bill, which appropriates $25 million for the new role and is cosponsored by Sens. Ted Budd (R., N.C.), Mike Braun (R, Ind.), Josh Hawley (R., Mo.), Eric Schmitt (R., Mo.), and Marco Rubio (R., Fla.), does include a sunset clause that would terminate the office after 12 years. Republicans seem to be betting that recalcitrant universities will, after a decade of robust enforcement, throw in the towel and evolve colorblind norms.

These senators and congressmen, along with several conservative think tanks, think naively that this office will the place for anyone of any race to go to get justice should a university receiving federal funds create a program that specifically excludes them solely because of their race. The aim will supposedly be to target specifically the new Diversity-Inclusion-Equity programs at universities and in governments that are imposing this new discrimination against whites, Asians, and Jews.

The foolishness of this plan is hard to measure. » Read more

White House issues “policy framework” to lobby for its space regulatory proposal

Faced with stiff opposition from industry and politicians from both parties in Congress to its regulatory proposal issued in mid-November, the White House yesterday released what it called a “policy framework” for implementing that proposal.

You can read this policy framework here [pdf]. It is filled with high-sounding claims about its goal is to encourage private development and reduce red tape, but in the end it only adds more government entities to the entire bureaucracy that regulates commercial space. From the framework itself:

The Secretaries of Commerce and Transportation will co-lead a Private Sector Space Activities Interagency Steering Group in consultation with the Chairperson of the Federal Communications Commission (FCC), comprising representation from the Departments of Defense, Energy, Homeland Security, Interior, and State, the National Aeronautics and Space Administration (NASA), the Office of the Director of National Intelligence, the Office of Science and Technology Policy, and any other Federal entities with expertise or equities pertaining to private sector novel space activities, including relevant stakeholders from the Executive Office of the President. The Steering Group serves as a coordinating body to ensure that the U.S. Government oversight system is prepared to meet U.S. priorities while taking into consideration the competitiveness of U.S. industry now and into the future.

One of the criticisms of the White House proposal from mid-November was that it would split regulation between Commerce and Transportation, thus increasing the complexity for commerical companies. This steering group is clearly an effort to answer those complaints, but based on this proposal, it simply adds one more bureaucratic layer to the mix, making things even more complicated.

The framework also calls for the expansion of the government’s regulatory footprint on several fronts, such as controlling orbital debris, and achieved through “expanding existing, or establish new, federal advisory committees to account for all expanded space authorities in furtherance of this Framework and related legislative proposals.”

From the viewpoint of freedom, this entire proposal reads like a zombie end-of-the-world horror film, with bureaucratic zombies appearing endlessly from all directions, aimed at consuming any independent private company as quickly and as thoroughly as possible.

The original commercial space act proposal from Congress, that the Biden administration (and most Democrats) oppose but carries the endorsement of the private commercial space industry, was passed by its House committee, but still needs to be voted on by the full House, as well as the Senate. Because it remains in limbo, the White House has issued this framework, in the hope it can give its side the ammunition needed to defeat that bill and replace it with the White House’s.

Another example of the inability of Democrats to condemn bigotry

House vote condemning anti-Semitism
Final totals of House vote condemning anti-Semitism.
Click for source.

This column today might sound familiar, as I have reported similar examples numerous times before (See previous essays here, here, here, here, and here). Yet, it is important to document the inability of the modern Democratic Party to unequivocally condemn bigotry, because so much of its base and membership are actually are in favor of such things.

Yesterday the House passed a resolution condemning the horrible rise of anti-Semitism seen nationwide and globally, mostly expressed during pro-Hamas demonstrations that have often descended into violence and calls for the murder of all Jews in Israel.

The resolution [pdf] is quite clear. After listing numerous examples of harrassment and violence against Jews in the U.S., Australia, Israel, and globally, it condemned such behavior, and made it clear that the term “anti-Zionism” is simply a euphemism for anti-Semitism.

The final vote totals are shown in the screen capture to the right, taken from C-SPAN. As you can see, except for one nay vote and four not voting at all, the entire Republican caucus voted in favor of this resolution.

The Democrats however were not so unanimous. While a little less than half of the Democrats in the House voted in support of this amazingly simple resolution, half voted “present”, following the instructions of Congressemen Jerry Nadler (D-New York), Dan Goldman (D-New York), and Jamie Raskin (D-Maryland) (all members of the Democratic Party House leadership). These Congressmen opposed the resolution because it is…
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House committee passes its new commercial space act on partisan vote

By a party-line vote of 21-17, the Republicans on the House Science, Space and Technology Committee yesterday passed the proposed new commercial space act that had been earlier formulated with industry input and approval, rejecting the alternative proposal that the White House had suddenly dropped on them two weeks ago.

The head of the committee, Frank Lucas (R-Oklahoma), outlined the problems with the White House proposal.

For Lucas, the Space Council’s proposal is a “needless expansion of government authority.” Instead of consolidating new regulatory authority at the Department of Commerce as proposed in H.R. 6131, the White House would assign some activities there and others to the FAA. “Whereas our bill creates a one-stop shop to the extent possible, under this proposal, organizations would be forced to get multiple licenses from multiple cabinet-level departments.” Along with other objectionable provisions, he concluded that “instead of streamlining already convoluted processes, the Space Council is adding to bureaucracy and stifling innovation.”

That White House proposal was also opposed by the industry, which saw it as a power grab that would stifle the industry.

Whether this bill will become law remains to be seen. The full House still has to vote on it, and then the Senate, and then Joe Biden has to be wheeled into his office, a pen handed to him, and someone must guide that hand to sign the bill. Considering that the White House staff opposes the bill, it might refuse to do this latter guiding. Similarly, the Democratic Party’s eagerness to expand regulation and the power of the federal government means that in the Senate it will likely oppose this bill as well.

Dragonfly mission to Titan delayed by a year because of budget shortfalls

Even as NASA gave engineers approval to move forward on building the helicopter set to fly on the Dragonfly mission to the Saturn moon Titan, it also revealed that the mission’s launch has been delayed by at least one year because of budget shortfalls.

In a presentation at a Nov. 28 meeting of NASA’s Outer Planets Assessment Group (OPAG), Lori Glaze, director of NASA’s planetary science division, said agency leadership decided to postpone formal confirmation of the mission earlier this month, a milestone where the agency sets an official cost and schedule for the mission.

The delay in confirmation by NASA’s Agency Program Management Council (APMC), she said, is based on uncertainty about how much money will be available for the mission and other parts of NASA’s planetary science portfolio given broader budget pressures on the agency. “Because of these incredibly large uncertainties in FY ’24 and FY ’25 funding and budgets, the decision was made at that APMC to postpone the official confirmation,” she said.

The launch had been scheduled for 2027. When it will launch now is unclear.

Apparently (and not surprising since this is a NASA project) the mission is beginning to cost more than originally predicted. Furthermore, this shortfall is enhanced by the cost overruns from the Mars Sample Return mission. In fact, it appears that these cost overruns are impacting NASA’s entire planetary program, causing delays on many smaller missions in order to fund Mars Sample Return and the Europa Clipper mission (set to launch next year). Just as Webb wiped out most of NASA’s astrophysics missions in the 2000s and 2010s, this handful of big planetary missions is wiping out most of NASA’s planetary program.

The announced delay is also a typical NASA’s negotiating tactic with Congress, trying to pressure elected officials to cough up more money. For decades NASA would announce the need for crippling cuts to major and popular science projects unless Congress allocates it more cash for its most expensive projects, and for decades Congress has gladly done so. No one ever asks whether those expensive projects might be better off redesigned, or cancelled.

House committee delays vote on commercial space bill due to new White House proposal

Because of the sudden announcement by the White House of its own version of a new commercial regulatory space bill, the House Science committee was forced to delay the voting on November 15, 2023 of its own new commercial space bill, put forth by Republicans.

The committee met Nov. 15 to mark up the Commercial Space Act of 2023 and one other bill. At the end of the markup, lasting more than three and a half hours including a recess, the committee’s chairman, Frank Lucas (R-Okla.) said the committee would delay votes to advance both bills until after the Thanksgiving break because of votes on the House floor and “and the nature of additional information that has become available to us.”

The latter comment appeared to be a reference to a legislative proposal released by the White House’s National Space Council less than an hour before the markup regarding a mission authorization concept for new space activities. That proposal would establish a system where both the Commerce Department and the Transportation Department would oversee activities not regulated today, based on the type of activity.

The House bill, introduced Nov. 2 by Lucas and space subcommittee chairman Rep. Brian Babin (R-Texas), would create its own mission authorization system at the Commerce Department. It would also direct Commerce to hand over responsibility for a civil space traffic coordination system to a consortium led by an academic or nonprofit organization, rather than keeping it within the Office of Space Commerce as currently planned. Lucas, in his opening remarks, said he was aware of the new White House proposal but has reservations about it. “These proposals, I fear, simply go in the wrong direction and hurt rather than support America’s space industry,” he said.

Both bills were aimed at realigning the regulatory regime governing private space activities. The House bill’s final form apparently had been written with a lot of industry input. The White House bill, supported by Democrats, appears designed instead to clamp down on commercial space by allowing the federal bureaucracy to regulate everything.

Both bills unfortunately give too much power to the federal government, though the Republican bill at least tries to shift some of that power to the private sector, where it belongs.

One of the main reasons we have had a rennaisance in commercial space in the past decade is that there has been little regulation. The private sector has been left to regulate itself, and it has generally done so very successfully because of the invisible hand of free market forces. Build things right and the world beats a path to your door. Do it badly and no regulation is needed, you go out of business.

Modern Americans no longer trust these fundamentals of freedom and capitalism, and so we have a rush by government to establish “rules,” none of which will really accomplish anything but slow development and innovation and squelch this emerging industry.

Biden White House proposes major expansion of the regulations governing commercial space

We’re here to help you! The Biden White House yesterday proposed a major expansion of the regulations that govern commercial space, with the changes aimed at splitting all regulation within the Transportaion and Commerce Departments, but expand the regulations to so as to increase the power of the government over all future activitives, from rockets to spacecraft to space stations.

According to the White House’s statement [pdf]:

Specifically, this proposal would amend 51 U.S.C. 50902 to define a “human space flight vehicle” as a vehicle, including a launch vehicle or reentry vehicle, habitat, or other object, built to operate in suborbital trajectory or outer space, including on a celestial body, with a human being on board. A license would then be required for a citizen of the United States to operate a human space flight vehicle in outer space. (51 U.S.C. 50904).

DOT would authorize the operation of a human space flight vehicle consistent with public health and safety, safety of property, space sustainability, international obligations of the United States, and national security, foreign policy, and other national interests of the United States. (51 U.S.C. 50905). This proposal adds “space sustainability” and “other national interests” to DOT’s current authority. Including “space sustainability” would allow DOT to include debris mitigation and require measures to protect the sustainable use of outer space in their regulations, to include the mitigation and remediation of orbital debris and consideration of impacts to the space operational environment. [emphasis mine]

Essentially, these new rules — purposely written to be vague — will allow the government to forbid any activity in space by private citizens it chooses to forbid. No private space station could launch without government approval, which will also include the government’s own determination that the station will be operatied safely. Once launched, the vagueness of these regulations will soon allow mission creep so that every new activity in space will soon fall under its review.

Since no one in the government is qualified to supervise things like this, in the end politics and the abuse of power will be the rule.

Moreover, by what constitutional right does the federal government have to supervise the work of all space companies, in all things? It doesn’t have that right, and in fact the Constitution was written expressly to forbid it from attempting such a thing. The Constitution however is nothing more than fish wrap in modern America.

Note that most other news reports on this proposal are making it sound as nothing more than a simple revision of the law to better organize the regulatory system. The assumption is always that the government is all-knowing and all-seeing, and has the ability to act as school teacher for everyone else.

Initially we can expect these regulations will be followed with good faith, but such things never last. Given time they will end up squelching freedom in space and the entire American effort to colonize the solar system. And should any American colony become reasonably self-sufficient under these rules (something not likely), the rules guarantee that they will revolt from American rule as quickly as possible.

At this moment this proposal is simply that. Congress needs to review it and decide if it wishes to do as the Biden White House proposes. Though it is unlikely it will pass as written, it is also likely that our present Congress will simply reword it to accept this expansion of power, in some manner.

NASA “pauses” Mars Sample Return mission

Perseverance's first set of core samples, placed on the floor of Jezero Crater
Perseverance’s first set of core samples,
placed on the floor of Jezero Crater

Faced with a strong threat of major budget cuts from the Senate, NASA has decided to “pause” the Mars Sample Return mission (MSR) by ramping back some work to consider major changes to the project.

We brought Steve [Thibault] downtown to be the chief engineer in the Headquarters MSR program office … leading a team that consists of all the implementing centers and our European colleagues to stand back and take a look at the architecture with a fresh set of eyes and figure out not only just how to improve our technical margins and make the mission more robust, but also to see if there are ways to implement it in ways to potentially save costs. We’re also going off and listening to industry and seeing what ideas they have.

While the House had approved NASA’s budget request that exceeded $1 billion to complete the mission (more than double its original price tag), the Senate responded by only allocating one quarter of that, demanding NASA come up with a plan that would match its original budget number. This Senate pressure was enhanced by an independent review that harshly criticized the present design of the project, which involves three NASA centers, European participation, and multiple American companies, all building different components that must all interact perfectly.

NASA: Budget cuts to Hubble/Chandra under consideration

In what is likely a negotiating ploy with Congress to prevent any budget cuts at all at NASA, the agency revealed late last week that it is considering cutting the budgets to both the Hubble and Chandra space telescopes in order to meet proposed budget limits.

In an Oct. 13 presentation to the National Academies’ Committee on Astronomy and Astrophysics, Mark Clampin, director of NASA’s astrophysics division, said he was studying unspecified cuts in the operating budgets of the Chandra X-Ray Observatory and Hubble Space Telescope to preserve funding for other priorities in the division.

The potential cuts, he said, are driven by the expectation that his division will not receive the full request of nearly $1.56 billion for fiscal year (FY) 2024 because of legislation passed in June that caps non-defense discretionary spending for 2024 at 2023 levels, with only a 1% increase for 2025. “We’re working with the expectation that FY24 budgets stay at the ’23 levels,” he said. “That means that we have decided to reduce the budget for missions in extended operations, and that is Chandra and Hubble.”

That he provided no details suggests this is merely a lobbying tactic. Essentially he is saying to Congress, “If you don’t give me more money I will be forced to shut down our most popular programs. That won’t sit well with your constituents!”

That the House in its appropriations to NASA for 2024 did not cut the agency’s budget significantly also suggests this is mere lobbying. There should be no reason to trim Hubble or Chandra, which are two of the agency’s most successful projects, unless the cost overruns on SLS/Orion and the Mars Sample Return missions are forcing NASA to grab money from other programs. If so, that problem is not Congress’s, but NASA’s. The agency should reconsider those failed projects in order to keep what works working.

October 13, 2023 Quick space links

Courtesy of BtB’s stringer Jay.

 

  • NASA’s inspector general agrees SLS is too costly and it will be impossible to reduce that cost
  • The report is available here [pdf]. Normally I’d highlight each new IG report that notes these plain facts, but I’ve grown bored with doing so. They (as well as I) have been saying the same thing time after time — going back to 2011 — but nothing ever changes. We keep pouring money into an SLS rocket that costs too much, can’t launch frequently, and in the end won’t accomplish much of anything, while other space projects of greater value (for much less) go by the wayside.

    And despite this report we shall continue to do so, because the federal government is broken utterly, from the White House down to the mail rooms in Congress and every agency in the executive branch. It has entirely abandoned its responsibilites to serve the American people. Instead its goal now is simply to funnel money to itself, even if that funnelling will bankrupt the country.

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