Tag: Congress

Stopgap budget bill includes three-month extension of regulatory “learning-period”

9:00 am

The stopgap 45-day continuing resolution passed by Congress on September 30, 2023 also included a three-month extension of regulatory “learning-period” first established in 2004 and extended several times since then.

Among the provisions in that FAA reauthorization was a three-month extension of the existing restrictions on the FAA’s ability to regulate safety for commercial spaceflight participants. That restriction, often called a “learning period” by the industry, was set to expire Oct. 1 but now runs until Jan. 1.

It must be noted that this so-called limitation on FAA regulation of commercial spaceflight really does not exist any longer, no matter what law Congress passes. The administrative state really runs the show now, and both the FAA and Fish & Wildlife have decided heavy regulations are required, and are imposing such controls over SpaceX’s Superheavy/Starshp test program, while the FAA by itself is imposing strict regulation on Blue Origin’s New Shepard suborbital spacecraft. The result is a slowdown in launches for both, extending months to a year.

It also appears that this heavy regulation is squelching launches of new rockets. Last year four new rocket startups attempted new launches (Astra, ABL, Firefly, Relativity), some making multiple attempts. This year, such test flights have essentially ceased, with only Firefly completing one launch for the military. Worse, two of those companies (Astra and Relativity) have abandoned their rockets entirely, claiming they are building new bigger versions, but one must now wonder.

The long term historical significance of these facts extends far beyond the space industry. Increasingly the unelected bureaucracy in Washington is taking on powers it is not supposed to have, while Congress (which is delegated those powers) increasingly is irrelevant. The shift in power signals a major reshaping of American governance, in a direction that is not good for freedom or the fundamental concepts that established the country and made it a success.

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Lacking funds to build its spacecraft, the VERITAS project team goes to Iceland

12:29 pm

Because NASA has cut almost all funding for the VERITAS mission to Venus in order to fund its overbudget, badly managed, and behind schedule Mars Sample Return mission, the VERITAS science team, held over with only a tiny holding budget for the next seven years, has taken a geology trip to Iceland to study the volcanoes there.

Early last month, one such field campaign took the mission’s science team to a barren and rocky region in Iceland. There, they studied rocks and surfaces near an active volcano named Askja. Such volcanic areas are being used as analogs of Venus to understand the different types of eruptions that may occur on its surface, and to test out various technologies and techniques to prepare for the VERITAS (or Venus Emissivity, Radio Science, InSAR, Topography and Spectroscopy) mission, which is not expected to launch sooner than 2031.

The article at the link focuses on this research, but the real story is this quote:

The VERITAS science team — which is being supported by a shoestring budget of $1.5 million until 2028, after NASA pulled the mission’s funding earlier this year and disbanded its entire engineering wing — collected samples of young rocks and recent lava flows near the Askja volcano that will be analyzed in a lab, according to a NASA statement.

The reason the budget was pulled was to scrap together any funds available from within NASA’s planetary program for that Mars Sample Return Mission, which is doing to the planetary program what the Webb Space Telescope did to NASA’s astronomy program: killing it. As long as NASA and Congress remain committed to that sample return mission, do not expect many new planetary missions to other planets to fly. Its budget has already quadrupled, and its launch is already expected to be delayed. Worse, the mission’s basic design remains tentative, with many major components nothing more than cool graphics on powerpoint presentations, despite having spent gigantic amounts already.

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House speaker Kevin McCarthy proposes bill to extend “learning period” for rocketry

9:52 am

The speaker of the House, Kevin McCarthy (R- California) today introduced what he calls the STAR act, which would extend the learning period that exempts the new human commercial space industry from heavy regulation from its impended expiration this year for eight more years, to 2031. From his statement:

The STAR Act would extend the learning period by 8 years to provide sufficient time for the FAA and commercial space industry to develop consensus standards for human safety in space flight. The bill’s proposed 8-year extension corresponds with the lengths of the original learning period — from 2004 to 2012—and the extension by Rep. McCarthy’s SPACE Act (P.L. 114-90) — from 2015 to 2023.

More information here. That McCarthy has introduced this bill suggests its chances of passage are high, assuming a very divided and partisan Congress can manage to pass anything in the coming weeks.

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GAO blasts NASA for purposely failing to control the budget of its SLS rocket

10:21 am

In a new report [pdf] released yesterday, the Government Accountability Office (GAO) strongly blasted NASA’s non-budgeting process for financing the costs for this SLS rocket, which appear specifically designed to allow those costs to rise uncontrollably.

This one sentence from the report says it all:

NASA does not plan to measure production costs to monitor the affordability of the SLS program.

That non-plan is actually in direct defiance of four different reports by both the GAO and NASA’s inspector general over the past decade, all of which found that NASA was not using standard budgeting practices with SLS and which all demanded it do so forthwith. As this new report notes in reviewing this history, in every case NASA failed to follow these recommendations, and instead created budgetary methods designed to instead obscure the program’s cost.

This report notes that NASA continues to do so.
» Read more

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Unless Congress acts soon, the unelected administrative state will rule unopposed

1:53 pm

A dying document
A dying document

While much of the conservative press has been focusing on the illegal abuse of power by security agencies like the FBI, the CIA, and the Department of Justice, in the past week a whole slew of stories having nothing to do with election politics or Donald Trump have even more starkly illustrated the growing power of the many alphabet agencies of the federal government’s executive branch, power that is cancelling the real constitutional power of Congress — even as Congress looks on impotently.

Unlike abusive and illegal indictments of Trump, or evidence that the Justice Department and FBI are acting to protect Joe Biden and his son Hunter, however, these others stories have generally gone unnoticed, except by your intrepid reporter here at Behind the Black.

First, on July 26th we had the Space Force proposing new regulations that would allow it to literally take control over all private space assets in any declared international emergency, without any need to compensate the owners.

The Space Force’s draft framework for how commercial satellite services could be called up in times of crisis or conflict to support military missions would allow the Defense Department to deny participating companies the right to sell their wares to any other client in times of “war, major conflict, national or international emergency.” [emphasis mine]

What is the point of owning anything if the U.S. military has the power to simply steal it from you, without paying you for it, anytime any president or Congress on a whim decides to declare an international emergency? Such declarations were once rare, but now they happen routinely, with dire consequences for private citizens, as we all learned during the COVID panic.

On that same day we also learned that the FAA has refused to allow the private company Varda from bringing back to Earth a capsule it had launched to space several months ago, with the express intent to manufacture needed pharmaceuticals in weightlessness that can’t be made on Earth.
» Read more

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Senate committee gives NASA and Commerce responsibility for removing space junk

9:10 am

The Senate Commerce committee has now okayed a bill that would require NASA to develop several space junk removal projects while giving the Commerce department the responsibility of identifying what space junk needs to be removed.

The core of the bill would direct NASA to establish an active debris removal program. That would include funding research and development activities “with the intent to close commercial capability gaps and enable potential future remediation missions for such orbital debris,” the bill states. NASA would also fund a demonstration mission for debris removal and allow it and other agencies to procure debris removal services.

The version of the ORBITS Act approved by the committee is different from the version introduced earlier this year. Among the changes is in a section that originally called on NASA to develop a prioritized list of orbital debris to remove. In the new version, that responsibility is given instead to the Commerce Department. The Commerce Department, through its Office of Space Commerce, is developing a space traffic coordination system called the Traffic Coordination System for Space (TraCSS) that will take over civil space traffic management roles currently handled by the Defense Department. That involves taking in data from Defense Department and other sources and using it to provide warnings of potential close approaches to satellite operators.

Though unstated, this bill appears to be a direct slap at the FCC’s effort under the Biden administration to claim the power to regulate space junk, despite its lack of statutory authority to do so.

The bill is of course not yet law, as it still needs to be approved by both the House and Senate. However, some version that stops the FCC now seems very likely, as the House itself has already rejected a bill that would have approved the FCC power grab.

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Biden reverses late Trump decision to move Space Force headquarters

9:00 am

President Biden yesterday reversed a late Trump decision to move Space Force headquarters from Colorado to Alabama, allowing it to remain in Colorado where most of the former Air Force space operations have been.

Peterson Space Force Base in Colorado Springs has been the preferred choice of the top military space brass ever since the basing process began way back in 2018. Trump’s decision was made over their concerns that moving SPACECOM from its current home (previously the home of Air Force Space Command) would needless delay its full operational capability.

Biden, in the end, shared those concerns. “The most significant factor the President considered was the impact a move would have to operational readiness to confront space-enabled threats during a critical time in this dynamic security environment. U.S Space Command headquarters will achieve ‘full operational capability’ at Colorado Springs later this month. Maintaining the headquarters there maintains operational readiness and ensures no disruption to its mission or to its personnel,” a senior administration official told Breaking Defense in an email. “A move to Alabama, by contrast, would have forced upon that command a transition process between the mid-2020’s and the opening of the new site in the early to mid-2030’s.

Of course, politics was involved as well, with Colorado lawmakers putting great pressure on Biden to make this decision. Alabama lawmakers now say they will fight the decision, but because of the relative speed in which new headquarters can be established, their task is difficult if not impossible.

That difficulty will be reinforced by the proposal of the Senate Appropriations Committee decision to cut the Space Force’s ’24 budget by $1 billion, a 3% reduction. That proposal also has support in the House, which suggests it will become law. Though the cuts are scattered throughout the agency, it will lack the cash necessary to make the expensive shift to Alabama, a fact that will hinder any arguments for making that shift.

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New Space Force language would give it the power to take over all commercial space assets

10:04 am

A new draft outlining the powers of the Space Force would give it the right to shut down all commercial space activities during any government declared emergency, giving it exclusive control over all space assets, whether built or owned by the government or private companies.

The Space Force’s draft framework for how commercial satellite services could be called up in times of crisis or conflict to support military missions would allow the Defense Department to deny participating companies the right to sell their wares to any other client in times of “war, major conflict, national or international emergency.”

According the draft, the government would also not be required to cover any losses to the companies. In other words, in clear violation of the fifth amendment to the Constitution forbidding the taking of any private property without just compensation, this draft regulation would allow the military to do exactly that. And it won’t require a war, merely a declared emergency, similar to the unjustified emergency declared when COVID arrived.

At this time the draft language has only been issued for industry comment. I suspect the entire space industry will oppose it strenuously. I also expect the government to yield reluctantly, using its financial power to issue major contracts as a wedge to garner some industry compromises.

The result, as with the FCC and the FAA in the two stories below, will be a more powerful administrative state in DC, wielding power the Constitution expressly forbids it to wield.

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House rejects FCC bill because the bill approved FCC’s recent power grab

9:35 am

The full House yesterday failed to pass an FCC bill designed “to reform satellite spectrum licensing regulations” because of opposition to language that provided a backdoor approval of the FCC’s recent power grab that extended its regulatory power beyond its legal statutory authority.

[T]he leadership of House Science Committee opposed the bill because of provisions regarding regulation of space debris and space traffic management. They pointed to language in the bill that directed the FCC to establish “specific, measurable, and technology-neutral performance objectives for space safety and orbital debris.”

In a “Dear Colleague” letter circulated to House members ahead of the vote, the bipartisan leadership of the full committee and its space subcommittee argued that the FCC would be overstepping its authority by attempting to regulate space safety. “Congress has never explicitly granted FCC authority to regulate in these areas, and doing so now is a significant policy decision,” the letter stated, adding that the FCC also lacked expertise to do so. “Assigning FCC responsibility to both create these rules and assess an applicant’s compliance would divert resources from FCC’s primary mission of assessing the applicant’s spectrum use.”

While this sounds like Congress has actually decided to exercise its Constitution authority and restrict this maverick agency, don’t bet on it. The vote for procedural reasons required a two-thirds majority. 250 House members voted in favor, and 163 voted against, a clear majority in favor that was only 16 votes short of approval.

Moreover, even if Congress removes the language approving the FCC power grab and then passes the bill, it will have done nothing to stop that power grab. Expect FCC officials under Biden to ignore the law and continue to demand the right to regulate how satellites are de-orbited, something it hasn’t the knowledge or authority to do. Satellite companies will have to sue to stop it, an expensive task that will hinder their operations and cost money. Many will simply decide to go along.

The result will be a more powerful unelected administrative state — beholden to no law — and a weaker Congress unwilling to represent the American citizenry by wielding its Constitutional power.

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House committee imposes major cuts to Justice, FBI, Commerce

11:15 am

As had been suggested by its decision to not impose any cuts (or increases) to the NASA budget, the House appropriation subcommittee in charge of Commerce, Justice, Science-related agencies imposed all of the 28.8% cuts required by the House leadership on the Department of Justice, the FBI, and the Commerce department.

Overall, the bill appropriates $58.4 billion for programs under the jurisdiction of the committee, a $23.8 billion cut compared to the current fiscal year. It eliminates 14 “diversity, equity and inclusion” programs in the covered agencies, cuts spending on “wasteful” climate change programs, and saves more than $50 million by ending the Biden administration’s plan to replace auto fleets at the Department of Commerce and Department of Justice with electric vehicles.

According to the GOP summary, the Commerce Department would see a $1.4 billion cut in discretionary funding, and the Department of Justice would see a $2 billion cut. Federal science agencies together would face a $1.1 billion cut under the bill.

The FBI’s budget is to be cut $1 billion, or 9% (an actual cut, not a reduction in the increase in spending), with $400 million of that coming from salaries and expenses. It also forbids the agency from spending a dime on its planned dream of a new posh and palatial headquarters in the DC suburbs, twice the size of the Pentagon and costing more than $3 billion.

This is exactly what Republicans should have been doing for decades, and were too cowardly to attempt. If an agency of unelected employees in the executive branch abuses its power and causes harm to innocent citizens, something the FBI and the Justice Department have been eagerly doing since Trump became president, then it is the responsibilty and obligation of Congress to use its power of the purse to cut those agencies’ funding.

Even now, however, no one should be confident these cuts will end up in the final bill. This is only the recommendations of one subcommittee. There are still many Republican cowards in the full House, and even more in the full Senate, who will gladly team up with the Democrats (who are all in favor of the abuse of power and the harm to innocent citizens) to reinstate the cuts.

Nonetheless, this is a start. It indicates that we might finally have turned a real political corner towards reform.

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NASA survives first budget review in Congress

9:51 am

The first 2024 budgets approved by Senate and House appropriation committees for NASA maintain about the same current numbers from NASA’s 2023 budget.

The House committee is recommending $25.367 billion, just shy of the $25.384 billion NASA has now. The Senate committee is proposing $25.000 billion, a greater reduction from current spending. Biden requested a 7.1 percent increase for FY2024, $27.2 billion.

In the House the Republican leadership is requiring this House committee to impose a 28.8% cut in the total money allocated to all the agencies under its control (Justice, Commerce, and Science). It appears the committee members have decided to find the cuts in the other departments, such as the Justice Department. In fact, this first budget review strongly suggests Justice is about to see huge cuts, something that corrupt and partisan agency richly deserves.

As for NASA, the Senate report [pdf] had harsh words for the growing expense of the Mars Sample Return mission, and proposed major cuts, including the possibility of eliminating the project entirely. Instead, the Senate committee preferred wasting that money on Artemis and SLS.

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Senate committee approves Biden’s FCC nominees

10:13 am

Despite apparent opposition to the Biden nominees by Republicans, the Senate committee involved has approved the three FCC nominees and moved that the process proceed to a vote in the full Senate.

The article also includes these paragraphs, describing absurdities that could only occur in Congress:

[Ted] Cruz [R-Texas] moved that all the nominations, including Damelin and a nominee for the National Transportation Safety Board plus a list of Coast Guard promotions, be favorably reported. There were no objections and the motion was agreed to.

Immediately thereafter, however, Cruz and other Republicans asked to be recorded as no on Gomez and/or Starks and two Democrats as no on Carr. It’s not possible to discern from the webcast who was speaking in all instances, but the bottom line is that all the nominations were approved and now can go to the floor for a vote by the full Senate. The requests to be recorded as no are a signal that the rest of the confirmation process will not be easy.

Cruz moves the nominees should be “favorably” reported, but then announces he and others are against some.

All in all, this appears to be another example of Republican failure theater. Make it sound like you are trying to block Biden’s policies, but then do whatever is necessary to let them to go into effect. Considering that the Democratic Party appointees at the FCC have been pushing for regulatory power beyond the commission’s statutory authority, it seems absurd for any Republican senator (or Democrat senator for that matter) to okay any Biden nominees who would continue that power grab. And yet, the Republicans appear willing to go along.

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Surprise! The cost for the Mars Sample Return mission is ballooning!

10:11 am

According to NASA, the cost for the Mars Sample Return mission could possibly rise to as high as $8 to $9 billion, more than double the $3.8 billion to $4.4 billion estimated by a 2020 review.

NASA itself has recently become very silent about the project’s expected cost.

NASA officials have been careful not to give any estimates of costs for MSR in recent presentations, stating that it will wait until a formal confirmation review for the program, scheduled for the fall, before providing an official cost and schedule baseline. That will come after a series of preliminary design reviews and a review by a second independent board led by Orlando Figueroa, a former director of NASA’s Mars exploration program.

Those earlier numbers were never realistic, based on NASA’s recent track record. The cost of its big projects — Webb, SLS, Orion, Roman Telescope — always grows exponentially, once the project gets going.

This cost increase however is a serious political problem for NASA and this sample return mission, as the House is demanding major real cuts in the budgets of almost all federal agencies. While I expect NASA to survive these cuts without great harm, a program that shows out-of-control budget growth might become a target by the House, which is likely why NASA scheduled its review of the sample return mission to occur in the fall, after the House approves its next budget. Better to announce bad news as late as possible.

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Will the wreck of the submersible Titan and the death of its five passengers impact space tourism?

10:57 am

OceanGate's Titan submersible
OceanGate’s Titan submersible

Three articles today all asked the same question as I pose above in the headline, noting the similarity in the business model of the deepsea tourism company OceanGate Expeditions and the burgeoning space tourism business, including both suborbital and orbital flights.

Without question there will be many more such articles in the coming days, as more information is gathered about what caused the failure of the Titan. As these three articles do, all will note the similarities and differences between deep sea tourism and space tourism.

First the differences. » Read more

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House Democrats propose and Republicans approve Space Force increasing spaceport fees

9:37 am

We’re here to help you! The House Armed Services Committee, controlled by a majority of Republicans, has approved a defense funding bill that includes an amendment, proposed by a Democrat, that would allow the Space Force to charge much larger fees for the use of its spaceports.

Committee members signed off on the legislation June 22, which proposes $874 billion in defense spending. The full House is slated to vote on the bill in July. Included in the bill is an amendment offered by Rep. Salud Carbajal, D-Calif., that would allow the Space Force to collect fees from companies for the indirect costs of using the military’s launch ranges, like overhead infrastructure or other charges that a traditional port authority might impose on its users.

Today, per the Commercial Space Launch Act of 1984, the service is limited to collecting fees for direct costs like electricity at a launch pad. The law also restricts the Space Force from accepting in-kind contributions from commercial companies to upgrade its ranges.

The committee’s bill, if approved, would require commercial launch companies to “reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be appropriate.”

The bill also includes a Republican amendment that encourages the Space Force to charge other additional fees, or require private companies to do work the Space Force is presently handles.

Though the latter amendment might make sense, both amendments will likely achieve just one thing: making it much more expensive to launch from Cape Canaveral and Vandenberg. Whether those increased costs will be kept as low as possible is entirely unknown. We certainly should not trust officials in the federal government to do so.

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House proposed cuts pose no threat to NASA, despite the screams of agony

10:14 am

Proposed Republican budget cuts
Proposed Republican budget changes

Before even beginning this story, it is critical for my readers to understand that the worst any of these possible cuts could do to NASA’s budget in 2024 would be to bring it back to budgetary levels from most of the last decade, levels that hardly crippled the agency in the slightest.

The graph to the right, posted initially by Roll Call, outlines in detail the required cuts the Republicans in the House are demanding in the federal budget for the 2024 fiscal year. The percentages in the last column list the amount each of these twelve appropriation subcommittees must cut from their area of focus. NASA is part of the Commerce-Justice-Science category, which requires a total cut of 28.8%.

NASA’s budget in 2023 was $25.4 billion. If the House imposes that percentage cut to NASA, it would lower its 2024 budget to about $18 billion.

O my! We are all going to starve!
» Read more

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New House bill proposes giving FAA responsibility for monitoring space junk

10:10 am

A just proposed House bill for reauthorizing the Federal Aviation Administration (FAA) also proposes giving that agency the responsibility for monitoring space junk.

The bill instructs the FAA to establish a program to track objects “that are potential sources of covered airborne debris” with a focus on identifying those about to reenter and could pose a risk to aircraft in airspace. That program would coordinate with the FAA’s air traffic control system to identify airspace that needs to be closed for a reentry. It would allow the FAA to establish its own space situational awareness (SSA) facilities and work with other federal agencies, companies or international organizations for data on such objects.

While the focus of the bill is tracking debris to assess airspace risks, the bill does enable additional uses of the data the FAA collects. In particular, it directs the FAA to offer “a basic level of data, information, and services” at no charge. That includes maintaining a public catalog of space objects and “emergency conjunction notifications” of such objects.

The article at the link notes that this new FAA job would also duplicate work of the Space Force, as well as a new Commerce Department office tasked with similar responsibilities. It also duplicates the same responsibilities the FCC has created for itself, outside of its statutory authority.

In other words, there is a factional turf war going on within the swamp, with each faction attempting to establish its territory and control over this work.

The result? Expect Congress to allow this duplication to go forward, funding all three efforts. As we all know, money grows on trees, and hiring as many Washington bureaucrats is the most important thing Congress can do, even if those bureaucrats don’t do anything useful.

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NASA inspector general finds more cost overruns in the agency’s SLS rocket program

10:12 am

Surprise! Surprise! A new NASA inspector general report [pdf] has found that the agency’s SLS rocket program is continuing to experience cost overruns and mismanagement that are “obscene”, as noted in this news report.

An independent report published Thursday contained troubling findings about the money spent by the agency on propulsion for the Space Launch System rocket. Moreover, the report by NASA Inspector General Paul Martin warns that if these costs are not controlled, it could jeopardize plans to return to the Moon.

Bluntly, Martin wrote that if the agency does not rein in spending, “NASA and its contracts will continue to exceed planned cost and schedule, resulting in a reduced availability of funds, delayed launches, and the erosion of the public’s trust in the agency’s ability to responsibly spend taxpayer money and meet mission goals and objectives—including returning humans safely to the Moon.”

Things are really much worse than this, mostly because it appears the Marshall Space Flight Center that runs the SLS program for NASA uses cost-plus contracts, which are essentially a blank check for contractors to run up costs endlessly, all of which the government must cover, and allows the process to go over-schedule against its own regulations. Furthermore, the cost overruns are for rockets and engines that are not newly developed, but in use for decades by Northrop Grumman and Aerojet Rocketdyne.

Note that this really isn’t news. Anyone with any intellectual honesty at all will know that every aspect of SLS and Orion is mismanaged and will go over budget and behind schedule endlessly. These problems are not a bug, however, but a feature of the system. The goals of SLS and Orion are not really to build a rocket to explore the solar system but to create an endless jobs program in congressional districts here on Earth. This misguided approach meanwhile robs America of a viable space effort because the money wasted could have actually been used to jumpstart a viable and competitive space-faring economy that actually achieves something.

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NASA’s Mars Sample Return project now overbudget

9:23 am

According to testimony by NASA’s administrator Bill Nelson to a Senate committee, its Mars Sample Return (MSR) project now needs a lot of additional funds in order to have any chance of staying on schedule.

Nelson told the Commerce-Justice-Science (CJS) subcommittee of the Senate Appropriations Committee today that he just learned two weeks ago during a visit to the Jet Propulsion Laboratory (JPL), which is building MSR, that they need an additional $250 million this year and an additional $250 million above the request for FY2024 to stay on schedule for launch in 2028.

That FY2024 request warns that the projections for future MSR funding requirements are likely to grow and force NASA to descope the mission or reduce funding for other science projects. NASA just set up a second [independent review board] to take another look at the program.

The project is already beginning to suck money from other science missions, such as solar and astronomy and the Dragonfly mission to Saturn’s moon Titan. In addition, its method for getting the samples back to Earth remains somewhat uncertain due to ESA’s decision to not build a lander/rover for the mission, requiring JPL to propose the use of helicopters instead.

I predict Congress will fund everything, by simply printing more money as it nonchalantly continues to grow the national debt to levels unsustainable. Meanwhile, replacing the present very complex return concept — involving a lander, helicopters, an ascent rocket, and a return capsule (from Europe) — with a much cheaper and simpler option that is now on the horizon, Starship, does not seem to have occurred to any of the these government wonks.

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FCC makes official its regulatory power grab beyond its statutory authority

10:22 am

We are here to help you! The FCC yesterday officially launched a new stand-alone Space Bureau which will be focused on institutionalizing the many new regulations the FCC has proposed for controlling how satellites are built and de-orbited.

The Space Bureau was carved out of the FCC’s International Bureau to help the regulator handle its increasing workload in the industry. The restructuring effectively splits the International Bureau into two units: the Space Bureau and the Office of International Affairs (OIA) that will handle the FCC’s work with foreign and international regulatory authorities more generally.

While the bureau’s first leader, Julie Kearney, claimed the goal of this reorganization is to streamline licensing, she also made it clear that she will also be using her new position to make the proposed new regulations on satellite construction and deorbit the law of the land, even though Congress never gave the FCC this particular regulatory power.

Based on Congress’s general weakness and willingness in the past half century to cede power to the administrative state, Kearney and the FCC will likely succeed. For example, though a bill has been introduced in Congress to address the FCC’s power grab, it basically endorses it.

In other words, the bureaucrats in DC now essentially write the laws, Congress bows meekly to approve them, and then the bureaucracy moves to enforce them.

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Biden administration proposes more budget increases for NASA

10:25 am

In releasing its proposed federal budget for 2024 with many major spending increases, the Biden administration has also proposed a significant increase in NASA’s budget. the third year in a row it has done so.

The shortened summary version of the Biden budget proposal [pdf] covers its proposals for NASA in two pages, with the most important proposals as follows:

  • A half billion dollar increase in the budget for the Artemis program for a total of $8.1 billion.
  • A commitment to partner on Europe’s ExoMars Franklin rover mission, replacing Russia.
  • $949 million to develop the Mars sample return mission to bring back Perseverance’s core samples.
  • $180 million to begin development of “a space tug” that can de-orbit ISS as well as “be useful for other space transportation missions.”
  • $1.39 billion for developing new space technologies, an increase of $190 million.

The last two items will likely be money offered to many new commercial startups.

Though we can expect some resistance by the Republican House to most of the budget increases in the overall Biden budget proposal, expect Congress to rubber stamp the NASA increases, as it has done routinely in recent years. Congress might shift or reject some of these ideas, but generally, when all is said and done, it will only make superficial changes. NASA will likely more money.

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House subcommittee proposes five bills that would change FCC operations

10:06 am

The House Energy and Commerce subcommittee on March 8, 2023 approved five bills affecting the FCC and how it operates.

The first bill [pdf], Satellite and Telecommunications Streamlining Act, is the most significant, as it appears to try to establish legal limitations and rules specifically designed to address the FCC’s recent effort to expand its power and regulatory authority beyond what its legal authority allows. While most of the bill’s language appears to allow the FCC to do what it wants (including limiting or regulating future space stations and setting lifetime limits on all orbiting spacecraft), it also insists that licenses be approved quickly and adds this caveat:

[T]he Commission may not establish performance objectives that conflict with any standard practice adopted by the Secretary of Commerce.

In other words, the FCC cannot grab the regulatory responsibilities of other agencies, especially the Commerce Department, where Congress in recent years has been trying to shift most commercial regulatory authority.

Nonetheless, this bill appears to mostly endorse the FCC ‘s power grab.

The bills still have to be approved by the full committee, then approved by the full House, then approved by the Senate, and then signed by the president.

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FCC votes to create its own space bureaucracy, despite lacking statutory authority

9:55 am

On January 9, 2023 the commissioners of the Federal Communications Commission FCC voted [pdf] to create its own space bureaucracy designed to regulate the lifespan of new satellites, despite lacking legal authority to do so.

As noted almost as an aside by this news article,

In order for the planned changes to go into effect, the FCC will first have to obtain congressional approval for the reorganization and place a notice in the Federal Register.

This vote pushed forward the plan announced in November that attempts to expand the regulatory power of the FCC beyond its legal authority. Expect Congress to push back somewhat, but right now most power in Washington is held by unelected bureaucracies like the FCC, not the elected legislators as defined by the Constitution. The FCC will continue to push hard, and mostly win in this power game. Congress right now is too divided and weak to fight back.

The result will be new regulations on satellite construction made by non-engineers and paper-pushers in the FCC, not engineers and managers in the companies actually building the satellites.

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Construction of the Thirty Meter Telescope in Hawaii remains in limbo

9:33 am

Despite the successful power grab by protesters that stopped construction and took management of the telescopes on Mauna Kea in Hawaii away from the University of Hawaii and gave it to a newly created board made up of “observatory representatives, Native Hawaiian cultural practitioners, local business and education officials, and experts in land management,” construction of the Thirty Meter Telescope (TMT) in Hawaii remains in limbo.

But there is another actor in this drama: the National Science Foundation (NSF). TMT has accrued substantial financial backing from its university backers and the governments of China, Japan, India, and Canada, but it is still far from fully funded and has asked NSF to fill the gap. TMT’s request has come in partnership with the Giant Magellan Telescope (GMT), another U.S.-led effort to build a massive new telescope. GMT’s site is already being prepared in Chile but it is also in financial straits.

Together, the two projects are seeking $3 billion from NSF in exchange for the wider U.S. astronomical community gaining access to a large slice of both scopes’ observing time. That proposal was judged by U.S. astronomers as their top priority for ground-based astronomy in the community’s decadal survey published in November 2021. NSF is now assessing whether this is a good investment for U.S. taxpayers.

Considering that Congress now believes that money grows on trees, and there is no reason not to fund anything anyone wants no matter how much debt it produces, I expect that the NSF will eventually fund both telescopes. There is however the slim possibility that the NSF will look at the new and very complex managerial make-up now running things in Hawaii and decide it is impractical and guaranteed to produce problems. The goals of the different members of this board are so contradictory that any construction on Mauna Kea will likely have to be renegotiated over and over again, causing further delays.

Of course, endless funding and delays could be considered a feature, not a bug, by our present corrupt federal government. In that case the NSF will celebrate these delays.

5 comments

Newly passed Senate bill requires consultation between industry and government on space junk

9:50 am

Though the bill still needs to be passed by the House, a just passed Senate bill requires consultation between industry and government on space junk, short circuiting recent attempts at the FCC as well as in the House to impose arbitrary government regulations.

You can read the Senate bill here [pdf].

The final result will still be government regulation on the lifespan and final deposition of any object placed in orbit, from nanosats to large manned space stations, but unlike the earlier FCC proposal and House bill, NASA and other government agencies will have to obtain feedback from the commercial space industry before such regulations are imposed.

Sounds great, eh? In truth, this bill in the end still gives full power to the federal government to control the launching of future spacecraft of all sizes. It also leaves the details entirely up to the bureaucracy. If passed Congress would cede its regulatory power to unelected bureaucrats in the executive branch.

The requirement that industry consultation occur simply means that the initial regulations will likely make some sense. Beyond that however the power it bequeaths to the federal bureaucracy in NASA, FAA, FCC, and other agencies will in the long run be still abused.

The need for the establishment of an independent space-faring society, free from odious Earthbound regulation, continues to grow.

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New bill imposes new and odious regulation on private space stations and satellites

11:35 am

Congress and the FCC to private space: Nice business you got here.
Congress and the FCC to private space: “Nice business you
got here. Shame if something happened to it.”

On December 8, 2022, two bills, sponsored by both a Democrat and a Republican, were introduced in the House to give the Federal Communications Commission (FCC) the power to regulate and even block the launch of commercial private space stations, while also giving that agency the power to require companies to meet its arbitrary regulations on de-orbiting defunct satellites and stations.

House Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-N.J.) and the ranking member, Rep. Cathy McMorris Rodgers (R-Wash.), said their legislation is needed to modernize the FCC for the rapidly changing space industry. Their two bills — the Satellite and Telecommunications Streamlining Act and Secure Space Act — seek to update regulations covering foreign ownership, space sustainability, license processing timelines, and satellite spectrum sharing.

The key language in the first bill [pdf] is this:
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Musk’s success vs Trump’s failure

1:34 pm

Elon Musk arrives at Twitter
Musk arrives at Twitter, ready to clean house

While the buzz about Elon Musk’s takeover of Twitter has mostly focused on his effort to end censorship and the banning of conservatives, none of this constitutes his most important accomplishment there.

Yes, mandating freedom of speech at Twitter is a good thing. And yes, ending the banning of tens of thousands of conservative voices demonstrates Musk’s unwavering commitment to freedom and open debate.

However, it is his action to house-clean — to fearlessly remove from power the thugs and goons at Twitter who created these oppressive policies — that matters the most. By firing the Twitter apparatchiks who had installed that system of censorship and blacklisting, Musk has guaranteed that this censorship and blacklisting will not return easily to Twitter should his other business interests force him to pay less attention in the future.
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Head of Commerce’s space office questions new FCC regulations on space junk

10:00 am

Turf war! At a conference yesterday Richard Dalbello, director of the Office of Space Commerce at the Commerce Department, strongly questioned the FCC’s legal authority for its just passed new regulation on the de-orbiting of space junk.

“I think the FCC, for their part, has pushed the boundaries of their authorities pretty aggressively,” he said when asked about what agency should have oversight for issues like that, as his office works to create a civil space traffic management capability. “Although I certainly congratulate them on the depth of their intellectual work,” he said of the FCC and its new order, “a lot of the things that they articulated are probably, arguably, outside their job jar.”

Dalbello’s comments only add to the many turf wars going on in the DC swamp over space regulation. Some in Congress want all space regulation to shift to his office. Others want it to be distributed across a number of agencies in both the military and civilian bureaucracies.

Regardless, Dalbello’s office is the agency that might actually have the legal authority for regulating space junk. And it is certain that the FCC does not have it.

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FCC approves new regulation requiring defunct satellite deorbit in five years

10:13 am

Despite questions from Congress and others about the agency’s legal authority to do so, the FCC yesterday approved a new regulation that will require satellite companies to de-orbit defunct satellites within five years, shortening the rule from the previous requirement of 25 years.

Commissioners voted 4-0 to adopt the draft rule, published earlier this month, intended to address growing debris in LEO. Under the new rule, spacecraft that end their lives in orbits at altitudes of 2,000 kilometers or below will have to deorbit as soon as practicable and no more than five years after the end of their mission. The rule would apply to satellites launched two years after the order is adopted, and include both U.S.-licensed satellites as well as those licensed by other jurisdictions but seeking U.S. market access.

The article notes how this rule replaces “a longstanding FCC guideline” Note the difference. Previously the FCC had made a recommendation, recognizing it did not have the authority to impose it. Now, our power-hungry DC bureaucracy has decided it can ignore the law and impose any rule it desires. Nor does it feel it needs to listen to Congress, one committee of which sent a stern letter recently questioning the then proposed new rule and calling for the FCC to hold off any action on it while elected officials review the situation.

The FCC yesterday responded, essentially telling Congress to bug off.

None of these questions have anything to do with whether this rule makes sense. It likely does, but that still doesn’t give FCC officials to right to arbitrarily give themselves more power. Whether our elected officials will act to defend their own power is uncertain, as the pattern in the past half century is for Congress to consistently cede its power to the bureaucracy, whenever challenged.

4 comments

The rising federal Gestapo

1:18 pm

The Houck Family: Targets of FBI harassment and arrest
The Houck Family: Targets of FBI harassment and arrest.
The little boy in the center clearly needs to be frog-marched to prison.

It can happen here. Anyone who denies this is merely guaranteeing that tyranny in America will arrive sooner.

Worse, it is happening here, right now, at this very moment. The Houck family to the right has been in the news the past few days because on September 23, 2022 they found their home surrounded by an FBI SWAT team with guns drawn, pounding at the front door to arrest the father, Mark Houck, for a minor pushing incident that had occurred months earlier that was so minor the court had dismissed the lawsuit against Houck almost immediately. Notwithstanding its utter triviality, the Biden administration, its Justice Department, and the FBI decided it gave them a great chance to intimidate and frighten someone who happened to also be a conservative and religious activist.
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