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Projects: Space Advocacy

Congress Removes Legal Barrier to Space Exploration

On November 22, 2005, with little fanfare, President Bush signed into law the Iran Non-Proliferation Amendments Act of 2005. The signing drew little attention, and received hardly any press coverage. Nevertheless, it was a major victory for advocates of space exploration.

To understand why we need to go back to the year 2000, when Congress passed the original Iran Non-Proliferation Act (INA). Concerned that Iran was trying to acquire the ingredients and technology needed to build nuclear weapons, Congress decreed that the U.S. cannot conduct business with foreign firms suspected of aiding Iran’s nuclear plans. Since the Russian aerospace industry was considered a leading suspect in aiding Iran, this effectively barred U.S. agencies from contracting to use Russian rockets for space launches. In fact, the INA included a special provision barring the U.S. government from paying the Russians for any services related to the International Space Station.

The practical difficulties caused by INA were brought into focus after the Columbia disaster of 2003. With the shuttle fleet grounded, all transportation to and from the International Space Station, of astronauts as well as cargo, was made in Soyuz vehicles, courtesy of the Russian Space Agency. Based on a previous agreement, the Russians were obliged to provide these services through 2005. Beginning in 2006, however, NASA would have to pay for the Russian transportation services, and yet, because of  INA, it was forbidden from doing so.

Click to enlarge > The International Space Station The International Space Station photographed on 29 April, 2001, folowing its separation from the Space Shuttle Endeavour. Credit: NASA

The amendment passed last week corrects this situation. NASA, and other government agencies, are now permitted to pay the Russians for services related to the International Space Station all the way through 2012.

“For us at The Planetary Society this is a huge win” said Lori Garver, The Planetary Society’s Washington Representative and a former associate administrator of NASA. “We knew that this amendment was necessary for space exploration, but we were not at all sure that we had the means to pass it. We are thrilled that even during wartime Congress and the Administration found the will and the foresight to make the necessary exception to the Iran Non-proliferation Act to safeguard the future of space exploration.”

INA is not the only legal obstacle to international cooperation in space. ITAR, the International Traffic in Arms Regulation is designed to prevent the export of U.S. technologies that can be used in advanced weapons systems. Sometimes, however, it is interpreted so broadly as to prevent any international technological exchange, especially in fields such as aerospace. Anything that is part of a space mission, for example, is considered “arms” for ITAR purposes, and its sale has to be approved by the departments of State, Defense and Commerce, and other agencies as well. Even when international exchange is ultimately allowed, ITAR can cause long delays and increase the cost of any mission. As it stands it is a major obstacle for Americans who want to join forces with international partners in the exploration of space.

Commenting on the amendment to INA Louis Friedman, Executive Director of The Planetary Society said: “Getting the INA restriction removed not only boosts Americans to space, but it also enhances international cooperation for space exploration generally.   We hope other restrictive polices, such as ITAR, that hurt both U.S. national interests and world space cooperation will also be removed.