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	<title>Space Politics &#187; Other</title>
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	<description>Because sometimes the most important orbit is the Beltway...</description>
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		<title>A new chapter</title>
		<link>http://www.spacepolitics.com/2014/09/02/a-new-chapter/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=a-new-chapter</link>
		<comments>http://www.spacepolitics.com/2014/09/02/a-new-chapter/#comments</comments>
		<pubDate>Tue, 02 Sep 2014 15:24:13 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Other]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7318</guid>
		<description><![CDATA[<p>I wanted to pass along some personal news: I&#8217;ve taken a position starting today with SpaceNews, as a senior writer there. I&#8217;ll be writing there on a lot about what you&#8217;ve seen here and elsewhere: space policy, commercial space, and related topics. It&#8217;s a great opportunity and I look forward to working with the excellent [...]]]></description>
				<content:encoded><![CDATA[<p>I wanted to pass along some personal news: <a href="http://www.spacenews.com/article/civil-space/41720veteran-space-journalist-jeff-foust-joins-spacenews">I&#8217;ve taken a position starting today with SpaceNews</a>, as a senior writer there. I&#8217;ll be writing there on a lot about what you&#8217;ve seen here and elsewhere: space policy, commercial space, and related topics. It&#8217;s a great opportunity and I look forward to working with the excellent team there.</p>
<p>With that good news, though, comes with a little bit of bad news: this blog will be going on indefinite hiatus. I won&#8217;t be posting new pieces here, as much of the content will be appearing on SpaceNews. The site will remain up, although comments will be turned off as primarily an anti-spam measure. I hope you&#8217;ll come over to SpaceNews, if you&#8217;re not already reading the site, for the latest coverage of the industry. Thanks!</p>
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		<title>As China tests ASAT, US pushes multilateral space security efforts</title>
		<link>http://www.spacepolitics.com/2014/08/21/as-china-tests-asat-us-pushes-multilateral-space-security-efforts/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=as-china-tests-asat-us-pushes-multilateral-space-security-efforts</link>
		<comments>http://www.spacepolitics.com/2014/08/21/as-china-tests-asat-us-pushes-multilateral-space-security-efforts/#comments</comments>
		<pubDate>Thu, 21 Aug 2014 14:58:59 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Other]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7305</guid>
		<description><![CDATA[<p>In a speech at a US Strategic Command symposium last week, a top State Department official made the case again for various multilateral efforts to improve space security, even as China appeared to perform another test of an anti-satellite (ASAT) weapon.</p> <p>Frank Rose, Deputy Assistant Secretary, Bureau of Arms Control, Verification and Compliance at the [...]]]></description>
				<content:encoded><![CDATA[<p>In a speech at a US Strategic Command symposium last week, a top State Department official made the case again for various multilateral efforts to improve space security, even as China appeared to perform another test of an anti-satellite (ASAT) weapon.</p>
<p>Frank Rose, Deputy Assistant Secretary, Bureau of Arms Control, Verification and Compliance at the State Department, discussed space security efforts in <a href="http://www.state.gov/t/avc/rls/2014/230611.htm">an August 13 speech at the US Strategic Command Deterrence Symposium</a> in suburban Omaha. Much of the speech was a broad overview of national space policy in the area of space security, including now-standard references to the contested and congested nature of space.</p>
<p>The speech, though, came just <a href="http://www.spacenews.com/article/military-space/41413us-state-department-china-tested-anti-satellite-weapon">a few weeks after China conducted what many observers believe was another ASAT test</a>. Although Chinese officials said the test was of a missile defense system, US officials believe it was an ASAT test, an assessment Rose included in his speech. &#8220;Despite Chinaâ€™s claims that this was not an ASAT test; let me assure you the United States has high confidence in its assessment, that the event was indeed an ASAT test,&#8221; he said.</p>
<p>Later in the speech, Rose made the case for multilateral agreements to preserve space security, citing the International Code of Conduct originally proposed several years ago by the EU and the UN&#8217;s Group of Governmental Experts (GGE) that crafted a set of transparency and confidence-building measures, or TCBMs, regarding space security. &#8220;The GGE report which was published in July of last year and was agreed to by China and Russia, endorsed voluntary, non-legally binding TCBMs to strengthen stability in space,&#8221; Rose said.</p>
<p>Rose did not mention another proposed treaty, offered by China and Russia, that deals with space security. In June, China and Russia introduced an updated version of their proposed Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force against Outer Space Objects (PPWT) treaty that would ban the placement of weapons in outer space. However, as Michael Listner and Rajeswari Pillai Rajagopalan note in an essay in The Space Review earlier this month, <a href="http://www.thespacereview.com/article/2575/1">the updated PPWT doesn&#8217;t address many of the criticisms of the original proposal</a>, including the fact that it doesn&#8217;t deal with ASAT weapons launched from the ground, like the direct-ascent ASATs tested by China.</p>
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		<title>Buzz Aldrin endorses candidate in Alaska Senate race</title>
		<link>http://www.spacepolitics.com/2014/08/19/buzz-aldrin-endorses-candidate-in-alaska-senate-race/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=buzz-aldrin-endorses-candidate-in-alaska-senate-race</link>
		<comments>http://www.spacepolitics.com/2014/08/19/buzz-aldrin-endorses-candidate-in-alaska-senate-race/#comments</comments>
		<pubDate>Tue, 19 Aug 2014 15:21:34 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Congress]]></category>
		<category><![CDATA[Other]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7301</guid>
		<description><![CDATA[<p>Republicans in Alaska are going to the polls today to select a candidate to run against incumbent Sen. Mark Begich (D) in the November general election. One of those candidates is hoping that a last-minute endorsement from a famous former astronaut who typically does not get involved in campaigns will help swing a few of [...]]]></description>
				<content:encoded><![CDATA[<p>Republicans in Alaska are going to the polls today to select a candidate to run against incumbent Sen. Mark Begich (D) in the November general election. One of those candidates is hoping that a last-minute endorsement from a famous former astronaut who typically does not get involved in campaigns will help swing a few of those voters his way.</p>
<p>The campaign of Mark Treadwell, the state&#8217;s current lieutenant governor, <a href="http://www.treadwellalaska.com/buzz_aldrin">announced Monday that it had won the endorsement of Buzz Aldrin.</a> &#8220;I have known and worked with Mead for close to thirty years, dating back to his first time advising NASA, on improving our nationâ€™s space program,&#8221; Aldrin wrote in his letter of endorsement, referring to Treadwell&#8217;s participation in NASA&#8217;s Lunar Base Working Group in the 1980s.</p>
<p>Aldrin&#8217;s letter mentions Treadwell&#8217;s support for a number of issues of interest to Alaskans, including &#8220;Arctic exploration&#8221; for oil and gas, as well as the state&#8217;s role in missile defense. There&#8217;s a space angle, too, as Aldrin mentions Treadwell&#8217;s role as chairman of the <a href="http://aerostates.org">Aerospace States Association</a> (an organization traditionally chaired by a state lieutenant governor) and his support for the state&#8217;s launch site at Kodiak. &#8220;I admire his work to help build and build business for the Kodiak Launch Site,&#8221; Aldrin wrote. &#8220;Most importantly, I support what heâ€™s done to make sure that the Last Frontier contributes to the next frontier in further space exploration.&#8221;</p>
<p>&#8220;For his part, Aldrin said that he does not generally make endorsements,&#8221; the Treadwell campaign notes in its statement about the endorsement. However, it&#8217;s not unprecedented. In 2008, he endorsed <a href="http://www.spacepolitics.com/2008/08/26/primary-day-in-florida/">a candidate in a Democratic primary for Florida&#8217;s 15th congressional district</a>, although that candidate lost in the primary, who in turn lost to Bill Posey in the general election. In 2006, <a href="http://www.spacepolitics.com/2006/10/30/aldrin-campaigns-for-lampson/">Aldrin campaigned for Nick Lampson</a> in his race for the House seat formerly held by Tom DeLay; Lampson won, but lost a reelection bid two years later. <a href="http://www.spacepolitics.com/2004/10/25/astronauts-on-the-campaign-trail/">Aldrin also appeared at a campaign rally for President George W. Bush</a> late in Bush&#8217;s 2004 reelection campaign.</p>
<p>Treadwell is one of three major Republican candidates for the Senate nomination. Most polls showed him trailing Dan Sullivan, <a href="http://www.adn.com/article/20140818/alaskans-set-vote-most-expensive-primary-election-record">although the race appeared to be tightening in recent weeks</a>.</p>
<p><strong>Update 8/20 9 am:</strong> Aldrin&#8217;s endorsement didn&#8217;t help Treadwell: <a href="http://www.adn.com/article/20140820/sullivan-declares-victory-high-stakes-gop-senate-primary">he finished third in the three-person race</a> for the Republican nomination. </p>
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		<title>The curious case of a deleted Forbes.com commentary on SpaceX</title>
		<link>http://www.spacepolitics.com/2014/08/19/the-curious-case-of-a-deleted-forbes-com-commentary-on-spacex/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-curious-case-of-a-deleted-forbes-com-commentary-on-spacex</link>
		<comments>http://www.spacepolitics.com/2014/08/19/the-curious-case-of-a-deleted-forbes-com-commentary-on-spacex/#comments</comments>
		<pubDate>Tue, 19 Aug 2014 14:19:19 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Other]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7299</guid>
		<description><![CDATA[<p>SpaceX is no stranger to both strong support and harsh criticism of its activities, particularly in political circles. Last month, for example, three members of the House of Representatives asked NASA for details on an &#8220;epidemic of anomalies&#8221; they claimed the company&#8217;s Falcon 9 rocket and Dragon spacecraft have experienced. But the company&#8217;s decision early [...]]]></description>
				<content:encoded><![CDATA[<p>SpaceX is no stranger to both strong support and harsh criticism of its activities, particularly in political circles. Last month, for example, <a href="http://www.spacepolitics.com/2014/07/16/house-members-press-nasa-for-information-on-epidemic-of-anomalies-with-spacex-missions/">three members of the House of Representatives asked NASA for details on an &#8220;epidemic of anomalies&#8221;</a> they claimed the company&#8217;s Falcon 9 rocket and Dragon spacecraft have experienced. But the company&#8217;s decision early this month to establish a commercial launch site near Brownsville, Texas, <a href="http://www.brownsvilleherald.com/news/local/article_a66f828c-1c06-11e4-97ac-001a4bcf6878.html">generated praise from various officials</a>, including US Sen. John Cornyn (R-TX) and Rep. Filemon Vela (D-TX).</p>
<p>One criticism of SpaceX, though, may have gone too far. On Friday, Loren Thompson, chief operating officer of the Lexington Institute and a regular contributor on defense issues for Forbes.com, published an op-ed on Forbes titled <a href="http://www.forbes.com/sites/lorenthompson/2014/08/15/when-spacex-falters-washington-looks-the-other-way/?partner=yahootix">&#8220;When SpaceX Falters, Washington Looks The Other Way&#8221;</a>. As the title suggests, he claimed that some in Washington, including NASA and the White House, were playing down those anomalies as SpaceX &#8220;struggled&#8221; to meet its commitments.</p>
<p>By Friday night, though, that link above went to an error message. The op-ed was no longer available on the site, although <a href="https://webcache.googleusercontent.com/search?q=cache:ZQ-GQV8o5lQJ:www.forbes.com/sites/lorenthompson/2014/08/15/when-spacex-falters-washington-looks-the-other-way/+&amp;cd=1&amp;hl=en">it is preserved in places like Google&#8217;s cache</a>. Neither Thompson nor Forbes have commented on the piece&#8217;s disappearance from the website: Forbes did not respond to multiple requests for comment between Saturday and Monday through its &#8220;press inquiries&#8221; section. Dr. Thompson is still a Forbes contributor: <a href="http://www.forbes.com/sites/lorenthompson/">according to his profile page</a> he published another essay (on defense strategy, not space) on Monday.</p>
<p>With neither Thompson nor Forbes publicly commenting, it&#8217;s not clear what happened to the essay. However, it did make claims that are difficult to verify, or may simply be incorrect. Thompson&#8217;s piece started with a &#8220;story making the rounds in Washington&#8217;s space community&#8221; that the White House pressured the National Reconnaissance Office (the &#8220;spy agency responsible for operating reconnaissance satellites&#8221;, as Thompson described it without naming it) to move ahead with certifying SpaceX for launching its payloads. &#8220;The story goes on that SpaceX was then assigned three secret payloads on a sole-source (uncompeted) basis.&#8221;</p>
<p>Of course, the NRO is not leading the launch certification process, which is instead being handled by the Air Force. (The new head of the Air Force Space and Missile Systems Center, Lt. Gen. Sam Greaves, met with SpaceX president Gwynne Shotwell earlier this month to discuss that effort, <a href="http://www.losangeles.af.mil/news/story.asp?id=123421688">the Air Force reported yesterday</a>.) There&#8217;s no evidence that SpaceX won, via sole source contracts, launches of three &#8220;secret payloads.&#8221; While some might argue those contracts were also assigned in secret, <a href="https://www.fbo.gov/index?s=opportunity&amp;mode=form&amp;id=db6fc2f2c2149a12c65b9529655a33cd&amp;tab=core&amp;_cview=1">the Air Force is openly competing the launch of another NRO mission, NROL-79</a>.</p>
<p>As to whether that &#8220;story making the rounds&#8221; is true, Thompson shrugs. &#8220;Is the story true?  I donâ€™t know â€” I lack the necessary clearances to find out,&#8221; he wrote in the story&#8217;s next paragraph. &#8220;But accurate or apocryphal, the story captures a little-noticed feature of how SpaceX has fared in Washington.&#8221; </p>
<p>Much of the rest of Thompson&#8217;s piece is less controversial, covering familiar topics: delays in SpaceX&#8217;s fulfillment of its Commercial Resupply Services (CRS) contract with NASA and the previously-mentioned &#8220;anomalies&#8221; on Falcon 9 and Dragon missions. Even here, though, some of the details are questionable: he says SpaceX delayed a NASA CRS mission to launch two commercial satellites &#8220;for a Chinese state-controlled enterprise.&#8221; AsiaSat, the enterprise in question, is publicly-traded on the Hong Kong stock exchange and, while partially owned by a Chinese state-owned investment fund, is also partially owned by American conglomerate GE.</p>
<p>This is not the first time that Thompson has criticized SpaceX: <a href="http://www.forbes.com/sites/lorenthompson/2014/06/02/spacex-versus-the-air-force-the-other-side-of-the-story/">in June he sought to tell the &#8220;other side of the story&#8221; of SpaceX&#8217;s dispute with the Air Force</a>, citing a &#8220;raft of problems&#8221; with SpaceX&#8217;s launch vehicles and their limited performance. Thompson&#8217;s own critics, though, note that he is not an unbiased observer: before it was deleted, Thompson&#8217;s latest piece included the disclaimer that &#8220;Several of SpaceXâ€™s competitors contribute to my think tank; two of them â€” Lockheed Martin Lockheed Martin and Sierra Nevada â€” are consulting clients.&#8221; (Lockheed Martin has been included in disclaimers in prior pieces, like the June essay, but SNC is a new one.)</p>
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		<title>Asteroid scientists vent their concerns about ARM</title>
		<link>http://www.spacepolitics.com/2014/08/03/asteroid-scientists-vent-their-concerns-about-arm/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=asteroid-scientists-vent-their-concerns-about-arm</link>
		<comments>http://www.spacepolitics.com/2014/08/03/asteroid-scientists-vent-their-concerns-about-arm/#comments</comments>
		<pubDate>Sun, 03 Aug 2014 13:46:23 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Congress]]></category>
		<category><![CDATA[NASA]]></category>
		<category><![CDATA[Other]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7279</guid>
		<description><![CDATA[<p>At first glance, planetary scientists who study asteroids might seem to be obvious supporters of NASA&#8217;s Asteroid Redirect Mission (ARM) plans. It would, after all, redirect a small near Earth asteroid (NEA) into lunar orbit, where astronauts would visit it and return perhaps many kilograms of samples. In fact, though, many planetary scientists have expressed [...]]]></description>
				<content:encoded><![CDATA[<p>At first glance, planetary scientists who study asteroids might seem to be obvious supporters of NASA&#8217;s Asteroid Redirect Mission (ARM) plans. It would, after all, redirect a small near Earth asteroid (NEA) into lunar orbit, where astronauts would visit it and return perhaps many kilograms of samples. In fact, though, many planetary scientists have expressed skepticism, or even outright opposition, to ARM, worried that the mission might turn into a boondoggle that, if cancelled, could hurt other asteroid projects.</p>
<p>Those arguments were front in center last week at a meeting of the <a href="http://www.lpi.usra.edu/sbag/">Small Bodies Assessment Group (SBAG)</a>, a NASA-chartered advisory group, in Washington. The middle day of the three-day meeting, Wednesday, was devoted to discussion about ARM, with NASA officials and other scientists among those speaking. And it featured some of the strongest criticism yet of the ARM by the scientific community.</p>
<p>&#8220;I think ARM is a stunt,&#8221; said Richard Binzel, a professor of planetary sciences at MIT, in <a href="http://www.lpi.usra.edu/sbag/meetings/jul2014/presentations/0200_Wed_Binzel_Asteroids.pdf">a presentation at the SBAG meeting devoted to criticism of the proposed mission</a>. &#8220;A stunt kind of gets handed to you at the top, and there&#8217;s nothing underneath to support it.&#8221; That&#8217;s in contrast, he argued, to the process for selecting science missions, which are supported by rigorous science and compelling questions that only a space mission can answer.</p>
<p>Binzel urged scientists to &#8220;just say no&#8221; to ARM. &#8220;I think that ARM is a one-and-done stunt, and if we get behind this in any way, it&#8217;s going to irreparably damage small body exploration.&#8221;</p>
<p>While he was opposed to ARM, Binzel was not opposed to human exploration of NEAs. Instead, he advocated human missions to NEAs in &#8220;native&#8221; (that is, not redirected) orbits. That means building up capabilities in cislunar space while performing surveys to identify NEA targets that would be not much more difficult to reach for later human missions than an asteroid captured into lunar orbit. Such a mission, he said, &#8220;is on the true path to Mars.&#8221;</p>
<p>Binzel brought up his criticism of ARM at the SBAG meeting because the group may be asked to officially weigh in on the proposed mission. The NASA authorization bill passed by the House in June, <a href="https://beta.congress.gov/bill/113th-congress/house-bill/4412">HR 4412</a>, includes a provision requiring a &#8220;complete assessment&#8221; by SBAG &#8220;of how the proposed mission is in the strategic interests of the United States in space exploration.&#8221; The Senate, which has not been nearly as critical of ARM as the House, has yet to introduce its version of an authorization bill.</p>
<p>Other attendees of the meeting also expressed reservations about ARM and the agency&#8217;s overall Asteroid Initiative during presentations by NASA officials earlier in the day. &#8220;It just seems like this logical disconnect to me,&#8221; said SBAG chair Nancy Chabot of the Applied Physics Lab, trying to reconcile NASA&#8217;s stated interest in searching for hazardous NEAs with the relatively limited funding it&#8217;s allocating for such searches as part of the initiative. &#8220;I guess there&#8217;s just a lot of us in the community who are confused by the overall strategy of the agency.&#8221;</p>
<p>Some at the meeting worried that a potential cancellation of ARM by a future administration could adversely affect asteroid science in general. &#8220;There are groups of people who believe that ARM is associated with the current White House&#8221; and could be cancelled by the next, said Tom Statler of the University of Maryland and Ohio University. &#8220;If it so happens that ARM gets pushed aside because it was the product of the previous administration, there is a risk that the rest of asteroid science could be collateral damage simply because, in the minds of most people, ARM equals asteroid stuff.&#8221;</p>
<p>Others struggled to see the connection between ARM and human exploration of Mars. &#8220;What the agency has not articulated is how we&#8217;re magically go from cislunar space missions of about a month in duration to anything greater,&#8221; said Brent Barbee of NASA&#8217;s Goddard Space Flight Center. &#8220;If this is all you&#8217;re going to do in the mid-2020s,&#8221; he said of ARM, &#8220;then it&#8217;s not very credible to talk about humans on Mars in the early to mid 2030s.&#8221;</p>
<p>&#8220;If we were to start this from a clean sheet and do it in a logical manner, I think every one involved with this would do it differently than how it&#8217;s being done right now,&#8221; acknowledged NASA&#8217;s Lindley Johnson. ARM, he said, did allow NASA to double funding for NASA&#8217;s Near Earth Object search program, from $20 to $40 million. &#8220;We do the best we can with what we&#8217;ve got.&#8221;</p>
<p>The SBAG meeting ended without any formal findings or questions about ARM, although Chabot said those are being developed by the group&#8217;s steering committee. Some worried that a lack of consensus could result in findings that could make SBAG appear neutral on the issue, which Chabot, as chair of SBAG, acknowledged as the meeting drew to a close on Thursday. &#8220;A lot of people do not feel neutral about this,&#8221; she said.</p>
<p>The criticism of ARM by SBAG meeting attendees, as well as comments made at a separate meeting of the NASA Advisory Council (NAC) held at the same time, <a href="http://www.spacepolicyonline.com/news/future-of-nasas-human-spaceflight-program-dominates-nac-meeting">as reported by SpacePolicyOnline.com</a>, caught the attention of the chairman of the House Science Committee, Rep. Lamar Smith (R-TX). &#8220;The NASA Advisory Council warns that NASA â€˜runs the risk of squandering precious national resourcesâ€™ if they move forward with ARM,&#8221; Smith said in <a href="http://science.house.gov/press-release/smith-statement-nasa-advisory-council-recommendations">a statement released by the committee on Friday</a>. &#8220;For months, the Obama administration has downplayed such criticism. I appreciate the good work of NASAâ€™s technical advisors and encourage the Obama administration to take their recommendations seriously.&#8221;</p>
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		<title>Panel sees ASTEROIDS Act as step in right direction for space property rights</title>
		<link>http://www.spacepolitics.com/2014/07/29/panel-sees-asteroids-act-as-step-in-right-direction-for-space-property-rights/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=panel-sees-asteroids-act-as-step-in-right-direction-for-space-property-rights</link>
		<comments>http://www.spacepolitics.com/2014/07/29/panel-sees-asteroids-act-as-step-in-right-direction-for-space-property-rights/#comments</comments>
		<pubDate>Tue, 29 Jul 2014 10:10:14 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Congress]]></category>
		<category><![CDATA[Other]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7269</guid>
		<description><![CDATA[<p>A bill introduced in the House earlier this month that establishes property rights for resources taken from asteroids is not perfect, but a step in the right direction towards a broader resolution of property rights in outer space, a conference panel argued last week.</p> <p>The American Space Technology for Exploring Resource Opportunities in Deep Space [...]]]></description>
				<content:encoded><![CDATA[<p>A bill introduced in the House earlier this month that establishes property rights for resources taken from asteroids is not perfect, but a step in the right direction towards a broader resolution of property rights in outer space, a conference panel argued last week.</p>
<p>The <a href="http://www.spacepolitics.com/2014/07/10/legislation-seeks-to-promote-use-of-asteroid-resources/">American Space Technology for Exploring Resource Opportunities in Deep Space (ASTEROIDS) Act of 2014</a>, introduced in the House earlier this month by Reps. Bill Posey (R-FL) and Derek Kilmer (D-WA), would establish that resources obtained from asteroids are the property of the company or other entity that extracted them. It would also provide &#8220;freedom from harmful interference&#8221; for those entities subject to US law engaged in asteroid mining.</p>
<p>&#8220;They designed it not to cause too many explosions or conflicts or problems,&#8221; said Jim Muncy, a co-founder of the Space Frontier Foundation, during a panel session on space property rights at the organization&#8217;s <a href="https://newspace.spacefrontier.org">NewSpace 2014 conference</a> Friday in San Jose, California. The bill was crafted, he said, to ensure it remained in the jurisdiction of the House Science Committee. He added that the bill&#8217;s sponsors also discussed the bill with State Department officials &#8220;to find out whether or not it would be a big problem for current US international obligations and policy.&#8221; That&#8217;s one reason, he said, that the bill only covers asteroids and not the Moon or other solar system bodies.</p>
<p>The idea of establishing property rights for extracted resources is not considered particularly controversial. Panelists noted that samples returned from the Moon by the Apollo missions, and Soviet Luna robotic missions, are considered the property of those nations. &#8220;We know that from the precedent of the Moon rocks,&#8221; said Berin Szoka, president of think tank TechFreedom, noting that some of those samples have been gifted and then resold. &#8220;There are some space lawyers who will quibble and will claim that that doesn&#8217;t mean those can actually owned in a way that they can be on Earth, but I don&#8217;t think that&#8217;s a correct view.&#8221;</p>
<p>The legislation isn&#8217;t perfect, though. Szoka called the introduced bill &#8220;the first draft of what I hope will ultimately get passed.&#8221; One flaw: &#8220;the one very obvious definition that&#8217;s missing is the definition of &#8216;asteroid.&#8217; And by not defining that, it leaves that ambiguous.&#8221;</p>
<p>There&#8217;s also the question of what it means to extract resources. Sagi Kfir, corporate counsel for asteroid mining company Deep Space Industries, suggested that it might be possible to claim entire asteroids. &#8220;Asteroid are movable; they are not land property,&#8221; he said. &#8220;Asteroids, in and of themselves, are personal property&#8221; in much the same way as resources extracted, or moved, from them.</p>
<p>&#8220;I agree that asteroids are movable, and that asteroids are, in that sense, essentially in practice no different from a rock that you might remove from the surface, and we should essentially treat them the same way,&#8221; said Szoka.</p>
<p>Another issue is with the non-interference language in the bill: what does it mean to harmfully interfere with another entity&#8217;s operations on an asteroid? Kfir notes the bill&#8217;s language refers to the &#8220;exploration and use&#8221; of asteroid resources, which he suggested could allow someone to claim priority to an asteroid by simply observing it with a telescope, thus &#8220;exploring&#8221; it. &#8220;There are some gaping holes to a very thin legislation,&#8221; he said. &#8220;But it&#8217;s critical that&#8217;s fleshed out in terms of what&#8217;s &#8216;first in time&#8217; and what&#8217;s the zone of this non-interference.&#8221;</p>
<p>The near-term prospects of resolving those issues with the bill and advancing it are unclear. Earlier this month, Rep. Steven Palazzo (R-MS), chairman of the House Science Committee&#8217;s space subcommittee, said <a href="http://www.spacepolitics.com/2014/07/18/at-future-space-members-of-congress-discuss-future-of-space-legislation/">his subcommittee was reviewing the bill, but didn&#8217;t immediately commit to holding a hearing on or marking up the bill</a>. &#8220;We have a limited amount of legislative days this year,&#8221; he noted. (Congress goes on recess at the end of this week and does not return until after Labor Day.)</p>
<p>The subcommittee&#8217;s ranking member, Rep. Donna Edwards (D-MD), said at the conference she wants hearings about the bill before she would support move forward on the bill. &#8220;I&#8217;m always opposed to us moving forward on legislation without doing any hearings, any kind of fact-finding,&#8221; she said in an interview after her luncheon speech at the conference Saturday. She said she had not heard from NASA or from companies affected by the bill yet. &#8220;I just think it&#8217;s bad policy to move policy forward when you haven&#8217;t done the investigative work that it takes to do that.&#8221;</p>
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		<title>Court presses SpaceX and Air Force to resolve case in mediation</title>
		<link>http://www.spacepolitics.com/2014/07/26/court-presses-spacex-and-air-force-to-resolve-case-in-mediation/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=court-presses-spacex-and-air-force-to-resolve-case-in-mediation</link>
		<comments>http://www.spacepolitics.com/2014/07/26/court-presses-spacex-and-air-force-to-resolve-case-in-mediation/#comments</comments>
		<pubDate>Sat, 26 Jul 2014 15:06:56 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Other]]></category>
		<category><![CDATA[Pentagon]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7265</guid>
		<description><![CDATA[<p>In a pair of orders issued Thursday, a federal court judge pushed SpaceX and the US Air Force to resolve the ongoing lawsuit over the EELV block buy contract through mediation rather than in the courtroom.</p> <p>In the first order, Judge Susan Braden directed the Air Force and SpaceX to take the first steps towards [...]]]></description>
				<content:encoded><![CDATA[<p>In a pair of orders issued Thursday, a federal court judge pushed SpaceX and the US Air Force to resolve the ongoing lawsuit over the EELV block buy contract through mediation rather than in the courtroom.</p>
<p>In <a href="http://www.spacepolitics.com/wp-content/uploads/2014/07/01511798017.pdf">the first order</a>, Judge Susan Braden directed the Air Force and SpaceX to take the first steps towards mediation. By August 8, The Air Force must provide to SpaceX a list of missions it plans to perform using the vehicles acquired in the block buy contract &#8220;together with sufficient technical information to allow Plaintiff to determine whether and when it can perform those missions.&#8221;</p>
<p>SpaceX, by September 10, will submit a list of issues that it will seek to resolve through mediation as well as other issues involved with mediation, including a proposed mediator and schedule for the mediation process. The Air Force must respond by October 14. &#8220;To facilitate the good faith efforts of the Government and Plaintiff to undertake these initial steps in a mediation process, all parties are ordered to decline to comment in the press about the substance or assignments set forth herein,&#8221; the order states.</p>
<p>In <a href="http://www.spacepolitics.com/wp-content/uploads/2014/07/01511798014.pdf">a second order</a>, largely dealing with the &#8220;administrative record&#8221; of the case, Judge Braden threw out <a href="http://www.spacepolitics.com/2014/07/09/ula-joins-call-for-dismissal-of-spacex-suit/">a motion by United Launch Alliance (ULA), the &#8220;defendent-intervenor&#8221; in the case, to dismiss the SpaceX suit</a>. That decision, though, was not based on the merits of ULA&#8217;s arguments in its motion, but because the court concluded ULA had no standing to request a dismissal. &#8220;The Defendant-Intervenor has no basis to challenge Plaintiffâ€™s standing in this case, as all relevant evidence is within the custody and control of the Plaintiff and/or Government.&#8221;</p>
<p>The decision was considered a victory for SpaceX in many media reports, although it may be more accurate to consider it not a defeat. The court has not thrown out the SpaceX suit, although it hasn&#8217;t ruled on <a href="http://www.spacepolitics.com/2014/07/02/air-force-seeks-to-dismiss-spacex-eelv-suit/">the Air Force&#8217;s motion to dismiss</a>. (The fact that Judge Braden is setting up a mediation process suggests she will not rule on that motion while mediation is ongoing.) SpaceX has hinted in the past that it would be open to some kind of settlement in its suit, but has been vague on what it would accept.</p>
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		<title>ULA joins call for dismissal of SpaceX suit</title>
		<link>http://www.spacepolitics.com/2014/07/09/ula-joins-call-for-dismissal-of-spacex-suit/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=ula-joins-call-for-dismissal-of-spacex-suit</link>
		<comments>http://www.spacepolitics.com/2014/07/09/ula-joins-call-for-dismissal-of-spacex-suit/#comments</comments>
		<pubDate>Wed, 09 Jul 2014 14:20:01 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Other]]></category>
		<category><![CDATA[Pentagon]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7226</guid>
		<description><![CDATA[<p>United Launch Alliance (ULA) has formally joined the Air Force&#8217;s call for the Court of Federal Claims to dismiss SpaceX&#8217;s protest of the Evolved Expendable Launch Vehicle (EELV) block buy contract. As first reported by Space News yesterday, ULA, in its role as &#8220;defendant-intervenor&#8221; in SpaceX&#8217;s suit against the Air Force, filed a motion to [...]]]></description>
				<content:encoded><![CDATA[<p>United Launch Alliance (ULA) has formally joined the Air Force&#8217;s call for the Court of Federal Claims to dismiss SpaceX&#8217;s protest of the Evolved Expendable Launch Vehicle (EELV) block buy contract. As <a href="http://www.spacenews.com/article/military-space/41174ula-asks-court-to-dismiss-spacex%E2%80%99s-block-buy-protest">first reported by <i>Space News</i> yesterday</a>, ULA, in its role as &#8220;defendant-intervenor&#8221; in SpaceX&#8217;s suit against the Air Force, filed a motion to dismiss the suit. (The <a href="/wp-content/uploads/2014/07/ULSresponse-20140708.pdf">document</a> was released on Tuesday, although it is a redacted version of the original, sealed motion filed with the court on July 2.)</p>
<p>ULA&#8217;s arguments for dismissal mirror those in <a href="http://www.spacepolitics.com/2014/07/02/air-force-seeks-to-dismiss-spacex-eelv-suit/">the Air Force&#8217;s motion filed with the court early last week</a>. SpaceX, ULA claims, lacks standing since it is not an &#8220;interested party&#8221; in the case since it is not yet certified by the Air Force to perform launches and thus isn&#8217;t an &#8220;actual or prospective bidder&#8221; for the EELV contract. ULA also argues that SpaceX was nearly two years later in filing its protest and thus &#8220;has plainly waived any right to protest the Air Force&#8217;s acquisition strategy and terms of the sole-source requirements contract.&#8221;</p>
<p>&#8220;To allow this untimely bid protest to continue any further would broadly and improperly expand this Court&#8217;s jurisdiction to parties who are not capable of performing the work until several years after an RFP has [been] issued and contract work long begun, and who had never even submitted a proposal or filed a formal protest prior to the proposal submission deadline,&#8221; ULA argues. &#8220;The Court should reject SpaceX&#8217;s attempt to rewrite the Court&#8217;s well-settled decisions regarding interested party status and timeliness of protests.&#8221;</p>
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		<title>Air Force seeks to dismiss SpaceX EELV suit</title>
		<link>http://www.spacepolitics.com/2014/07/02/air-force-seeks-to-dismiss-spacex-eelv-suit/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=air-force-seeks-to-dismiss-spacex-eelv-suit</link>
		<comments>http://www.spacepolitics.com/2014/07/02/air-force-seeks-to-dismiss-spacex-eelv-suit/#comments</comments>
		<pubDate>Wed, 02 Jul 2014 15:13:18 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Other]]></category>
		<category><![CDATA[Pentagon]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7218</guid>
		<description><![CDATA[<p>In a motion filed with the Court of Federal Claims this week, the Air Force seeks to dismiss SpaceX&#8217;s lawsuit against it protesting the Evolved Expendable Launch Vehicle (EELV) block buy contract the service awarded to United Launch Alliance (ULA), arguing that SpaceX missed its chance to protest the award by two years.</p> <p>&#8220;SpaceXâ€™s complaint [...]]]></description>
				<content:encoded><![CDATA[<p>In a motion filed with the Court of Federal Claims this week, the Air Force seeks to dismiss SpaceX&#8217;s lawsuit against it protesting the Evolved Expendable Launch Vehicle (EELV) block buy contract the service awarded to United Launch Alliance (ULA), arguing that SpaceX missed its chance to protest the award by two years.</p>
<p>&#8220;SpaceXâ€™s complaint is amorphous,&#8221; <a href="http://www.spacepolitics.com/wp-content/uploads/2014/07/01511783886.pdf">the Air Force motion</a>, filed with the court on Monday, states. &#8220;Rather than challenge a single procurement action, SpaceX broadly protests <i>any</i> sole-source purchase of single-core evolved expendable launch vehicles (EELV) and associated launch services.&#8221; [emphasis in original] The Air Force argues that the court should narrow the scope of SpaceX&#8217;s protest to the latest block buy award.</p>
<p>And, the Air Force goes on to argue, SpaceX should have filed that protest not in late April, but instead back in 2012, when the Air Force issued a request for proposals for what became the block buy contract formally awarded in December 2013. &#8220;SpaceX knew about the agencyâ€™s intent to award a sole-source contract to ULS, and received a copy of the RFP less than a month after it was issued. Yet SpaceX failed to objectâ€”or to indicate that it too could compete for the eventual contract,&#8221; the Air Force stated. &#8220;Although SpaceX may have ongoing concerns regarding the EELV program that it wishes to explore, SpaceXâ€™s own failure to timely object to the RFP means that it does not have standing to bring those complaints to this Court by challenging what it calls the &#8216;block buy&#8217; contract.&#8221;</p>
<p>The motion then goes to lay out that argument in greater detail, setting out a timeline of events involved in the Air Force&#8217;s block buy contract with ULA and the opportunities SpaceX previously had to protest the award, dating back to <a href="https://www.fbo.gov/index?s=opportunity&amp;mode=form&amp;tab=core&amp;id=360c6156488f806bb5235abad7bd9ab9">a &#8220;justification and approval&#8221; (J&#038;A) the Air Force published through the Federal Business Opportunities website in January 2012</a>. &#8220;SpaceX did not protest the J&#038;A at the time it was issued,&#8221; the Air Force&#8217;s motion states. &#8220;Nor did SpaceX protest the J&#038;A at any other point in the <i>two years</i> before it commenced this action.&#8221; [emphasis in original]</p>
<p>The Air Force agues that SpaceX lacks standing to protest since it was not an &#8220;interested party&#8221; to the EELV block buy contract: it was not an &#8220;actual or prospective bidder&#8221; as defined by law, as it did not object to the original RFP in 2012 or submit a &#8220;capability statement&#8221; in response to it. &#8220;Of course, the reason that SpaceX did not submit such a capability statementâ€”or for that matter, the reason that it did not protestâ€”is obvious,&#8221; the Air Force argues. &#8220;Simply put, at the time that the Air Force issued the RFP, SpaceX would not have been a qualified bidder&#8221; as its Falcon 9 rocket had not been certified by the Air Force.</p>
<p>Although SpaceX has since completed the three successful flights of its Falcon 9 v1.1 that are a key, but not sole, part of the certification process, the company does not have standing now to protest the contract and reopen the procurement, the Air Force claims. &#8220;Rather, only now that SpaceX believes it can compete does it raiseâ€”for the very first timeâ€”an argument that implicates the solicitationâ€™s terms. This tactic is explicitly barred.&#8221;</p>
<p>The suit has seen little progress since SpaceX filed it in late April, particularly after the court issued at the end of Aprilâ€”and lifted about a week laterâ€”an injunction on purchases of RD-180 engines that was tangential to the case itself. SpaceX must reply to the Air Force motion to dismiss by the end of this month.</p>
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		<title>CSF continues to press for human spaceflight export rule changes</title>
		<link>http://www.spacepolitics.com/2014/07/01/csf-continues-to-press-for-human-spaceflight-export-rule-changes/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=csf-continues-to-press-for-human-spaceflight-export-rule-changes</link>
		<comments>http://www.spacepolitics.com/2014/07/01/csf-continues-to-press-for-human-spaceflight-export-rule-changes/#comments</comments>
		<pubDate>Tue, 01 Jul 2014 14:38:54 +0000</pubDate>
		<dc:creator><![CDATA[Jeff Foust]]></dc:creator>
				<category><![CDATA[Other]]></category>

		<guid isPermaLink="false">http://www.spacepolitics.com/?p=7215</guid>
		<description><![CDATA[<p>The mid-May publication of the &#8220;draft final&#8221; export control rule for satellites and related components largely brought the saga of export control reform to an end, with the exception of a few loose ends, such as aperture limits for remote sensing systems. The administration&#8217;s decision was a major, but not complete, victory for the space [...]]]></description>
				<content:encoded><![CDATA[<p>The <a href="http://www.spacepolitics.com/2014/05/14/final-export-control-rule-offers-some-tweaks-but-no-major-changes/">mid-May publication of the &#8220;draft final&#8221; export control rule for satellites and related components</a> largely brought the saga of export control reform to an end, with the exception of a few loose ends, such as aperture limits for remote sensing systems. The administration&#8217;s decision was a major, but not complete, victory for the space industry. One area where they sought but did not win change was in human spaceflight: crewed vehicles, both suborbital and orbital, will remain on the US Munitions List (USML) and thus under the jurisdiction of the International Traffic in Arms Regulations (ITAR).</p>
<p>â€œSpacecraft specially designed for human space flight that have integrated propulsion present another security concern, for such capabilities may be used for the purposes of weapons targeting from space,&#8221; the State Department noted in <a href="https://www.federalregister.gov/articles/2014/05/13/2014-10806/amendment-to-the-international-traffic-in-arms-regulations-revision-of-us-munitions-list-category-xv">its final ruling</a>. &#8220;So, although these technologies and capabilities are used in commercial endeavors, they continue to merit control on the USML.â€</p>
<p>While the State Department appears to have no immediate plans to revisit this decision, the organization representing many developers of such spacecraft is keeping the agency aware of the issue. &#8220;As commercial space companies continue to test and develop their vehicles, it is vital to have an export control regime that will not illegitimately inhibit the potential of this growing industry,&#8221; <a href="http://www.commercialspaceflight.org/2014/06/commercial-spaceflight-federation-comments-interim-category-xv-rule-state/">wrote the Commercial Spaceflight Federation (CSF) in a June 27 letter</a>, signed by CSF president Michael Lopez-Alegria, to the Directorate of Defense Trade Controls in the State Department. &#8220;Steps should be taken to further investigate how to modernize the USML to appropriately move these vehicles to the Commerce Control List (CCL).&#8221;</p>
<p>The CSF notes in the letter that the State Department had not formally requested comment on its decision to retain human spaceflight vehicles on the USML, it says it plans to &#8220;submit further detailed comments to the State Department along with our submission to the Department of Commerce in response to their request for comments on the continued application of USML controls to commercial space launch vehicles and human spaceflight.&#8221;</p>
<p>The letter comes during a time of transition for the CSF. As <a href="https://www.federalregister.gov/articles/2014/05/13/2014-10806/amendment-to-the-international-traffic-in-arms-regulations-revision-of-us-munitions-list-category-xv"><i>Space News</i> reported last week</a>, executive director Alex Saltman stepped down last week, a move planned long ago as he is heading to California with his family; he will stay on with the CSF in the role of senior advisor. Lopez-Alegria is also planning to leave the CSF by the end of the year.</p>
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