Category: International

Events of Interest: Week of May 27-June 1, 2012

Events of Interest: Week of May 27-June 1, 2012

The following events may be of interest in the week ahead.   The Senate is in recess this week.  The House took its Memorial Day recess last week and returns for legislative business on Wednesday.

During the Week

Interest will remain high in SpaceX’s Dragon spacecraft, which is scheduled to depart from the International Space Station (ISS) on Thursday and be recovered in the Pacific Ocean off the U.S. west coast.    It’s a quick visit for Dragon, having berthed with the ISS on Friday.  The ISS crew is busy unloading the supplies brought by Dragon and reloading it with items for return to Earth.  Dragon is the only ISS cargo spacecraft that can return material to Earth.  Russia’s Progress, Europe’s ATV and Japan’s HTV all burn up in the atmosphere during reentry (and usually are filled with trash on the way down, so serve a useful purpose in their own right during reentry).

Meanwhile, the International Space Development Conference (ISDC) in Washington continues through Monday, and Women in Aerospace will hold its annual one-day conference on Friday.

Sunday-Monday, May 27-28

Thursday, May 31

Friday, June 1

Google Lunar X Prize Agrees to Respect Historical Lunar Sites

Google Lunar X Prize Agrees to Respect Historical Lunar Sites

Last week, NASA and the X Prize Foundation announced that the Google Lunar X Prize will recognize NASA guidelines to protect U.S. lunar artifacts of historic and scientific value. With the voluntary guidelines designating varying “keep-out” zones, this means that the vehicles of the 26 teams vying for the $30 million in prizes will not have free room to rove.

NASA spacecraft on the Moon and items transported there by the Apollo crews, just like the samples returned to Earth by the astronauts, remain the property of the U.S. Government.  Similarly, the Luna spacecraft and Lunokhod robotic rovers sent to the Moon by the Soviet Union are the property of the Russian government.  Under the terms of the 1967 Outer Space Treaty, however, no government can claim sovereignty over the Moon itself, so there are no legally binding rules about what can or cannot be done at the landing sites or along the routes that the U.S. astronauts or Soviet robotic rovers traversed.

The guidelines were developed by NASA in an attempt to preserve U.S. sites, at least, for historical purposes as other countries and companies plan new lunar missions and could be a step towards international guidelines.  The announcement last week was made as part of the Global Space Exploration Conference (GLEX) organized by the International Astronautical Federation and the American Institute of Aeronautics and Astronautics,  

NASA released the guidelines in July 2011 after assembling data from previous lunar studies, and analysis of samples of NASA’s Surveyor 3 spacecraft returned by the Apollo 12 crew.  Surveyor 3 was one of seven U.S. robotic spacecraft sent to soft-land on the Moon in the late 1960s as precursors to the Apollo missions. Apollo 12 landed close enough to Surveyor 3’s landing site that the crew was able to visit it and retrieve some of its components for study back on Earth.

Apollo 12 astronaut Charles “Pete” Conrad stands next to Surveyor 3 on lunar surface, with Apollo 12 lander Intrepid in background. Photo Credit:  NASA Apollo 12 astronaut Alan Bean.

http://grin.hq.nasa.gov/ABSTRACTS/GPN-2000-001316.html

The guidelines were developed under the leadership of Rob Kelso, a former shuttle flight director who is now NASA Johnson Space Center’s manager for lunar commercial services, and involved experts in history, science and flight planning.  According to the document, these will serve as interim recommendations for lunar vehicle design and mission planning teams until a more formal U.S. government guidance or a multilateral approach is developed.

The guidelines apply to a variety of artifacts and sites on the Moon, including Apollo lunar surface landing and roving hardware, specific indicators of U.S. robotic or human-robotic lunar presence (e.g. footprints), and impact sites. One section is devoted to the issue of mobility and details recommended exclusion zones and their rationale for specific sites. For example, the Apollo 11 and 17 sites, which “carry special historical and cultural significance”  would be roped off completely “by prohibiting visits to any part of the site and that all visiting vehicles remain beyond the artifact boundaries … of the entire site.” These boundaries have a radial extent of 75 meters for Apollo 11 and of 225 meters for the Apollo 17 site. Greater access is recommended in turn for the Apollo 12, 14, 15 and 16 sites to allow for the close inspection of their individual components, considered ongoing experiments in space weathering as they are exposed to the harsh environment on the lunar surface. 

In the joint announcement, the X Prize Foundation said it will take these guidelines into consideration as it judges the mobility plans of the teams participating in the competition.  According to the release, “NASA and the next generation of lunar explorers share a common interest in preserving humanity’s first steps on another celestial body and protecting ongoing science from the potentially damaging effects of nearby landers.”

Another First for the Space Program — First Commercial Spacecraft Joins International Space Station

Another First for the Space Program — First Commercial Spacecraft Joins International Space Station

Back during the Cold War, the United States and Soviet Union were always trying to outdo each other and be “first” at some space technological feat.   Today they are partners in the International Space Station (ISS) along with Canada, Europe and Japan and the “first” claimed today reflects how far the space program has come since then as SpaceX’s Dragon spacecraft became the first commercial spacecraft to visit the ISS.

Dragon was built and launched by a U.S. company, SpaceX.  Although NASA funded part of the development costs for Dragon and its Falcon 9 rocket, SpaceX invested its own funds as well. They are generally considered to be commercial vehicles as opposed to the spacecraft and rockets built by U.S. companies in the past through traditional government contracts. 

Aboard ISS is an international crew of American, European and Russian astronauts and cosmonauts.  The ISS is currently under the command of Russia’s Oleg Kononenko.   NASA’s Don Pettit and Europe’s Andre Kuipers were at the controls as Dragon closed in on the ISS and finally was grappled by Pettit using Canada’s robotic arm, Canadarm2.

In all, it was a fusing of the public and private sectors and the governments of the ISS partners all working together in harmony to achieve a common goal — a space “first” of quite a different nature.

NASA and SpaceX took a cautious step-by-step approach as Dragon closed in on ISS today.  At one point SpaceX commanded Dragon to retreat because its LIDAR system was homing in on the wrong retroreflector on ISS.   SpaceX narrowed the field of view of its LIDAR and proceeded.   Dragon was captured by Canadarm2 at Pettit’s command at 9:56 am Eastern Daylight Time (EDT), about 2 hours later than originally planned.  Pettit exclaimed “looks like we got a Dragon by its tail.” 

Photo Credit:  NASA.   Dragon attached to ISS Canadarm2

 

The berthing of Dragon to the ISS Harmony module was successfully completed at 12:02 pm EDT.  It is the first U.S.-built spacecraft to visit the ISS since the final space shuttle mission, STS-135, last summer.

Dragon is carrying supplies for the ISS crew.   After they are unloaded, Dragon will be filled with items that need to be returned to Earth.  The exact length of time Dragon will remain berthed to ISS is uncertain — earlier reports said 18 days. but NASA’s space station website indicated this morning that it would be one week.   Whenever that occurs, Dragon will detach from the ISS the same way it arrived this morning, fire retrorockets and land in the Pacific Ocean off the west coast of the United States and be recovered.  

This mission is a test flight, but assuming all continues to go well, the first commercial resupply flight should not be far behind.  NASA is funding SpaceX and Orbital Sciences Corp. to build space transportation systems to take cargo to the ISS.  Orbital’s Antares rocket and Cygnus spacecraft have not flown yet.   SpaceX had a head start because Orbital replaced another company (Rocketplane Kistler) that failed early in NASA’s Commercial Orbital Transportation Services (COTS) program.

With the end of the space shuttle program last year, NASA has no ability to take cargo or crews to the ISS.  Russia, Europe and Japan have spacecraft that can take cargo to the ISS, but none can return anything to Earth.   Russia is the only country that can take crews to and from ISS today.

NASA is currently funding four companies — including SpaceX — to build commercial crew space transportation systems.  SpaceX plans to outfit the Dragon spacecraft with life support systems to enable crew flights, but such launches are still several years away.   SpaceX plans to offer flights into orbit for anyone able to pay.  At the moment SpaceX says it will charge $140 million per flight.  Each flight can take 7 people, making it $20 million per seat.   The other companies receiving commercial crew funding from NASA are Boeing, Sierra Nevada and Blue Origin.

The Obama Administration’s decision to turn crew transportation over to the private sector continues to be very controversial.  Congress has not provided as much funding for that aspect of the program as the Obama Administration has requested.   It also wants NASA to choose only one or two companies to support instead of four.   NASA hopes that commercial crew systems will be available by 2017, but that is partially dependent on how much money Congress provides.  Whether today’s achievement will instill confidence in SpaceX specifically or the commercial crew effort generally and increase congressional support remains to be seen.  At the moment the House has voted to give NASA only $500 million instead of the $830 million requested for commercial crew for FY2013.  The Senate Appropriations Committee approved $525 million.  Both figures are higher than the $406 million Congress provided for FY2012, but that was less than half of the $850 million NASA requested for that year.

Congressional concerns focus on whether commercial companies will pay as close attention to crew safety as NASA and whether prices will rise substantially if other customers do not materialize and NASA is the only market.  As then-House Science and Technology Committee chairman Bart Gordon (D-TN) said when the idea was first broached in 2010, many in Congress worry that these companies will become “too important to fail” as some financial companies were “too big to fail” during the 2008-2009 economic crisis.

For today, however, sighs of relief and smiles of delight are the order of the day as the commercial cargo program, at least, passes one more test.

Sen. Bennet Introduces Satellite Export Control Reform Bill

Sen. Bennet Introduces Satellite Export Control Reform Bill

Senator Michael Bennet (D-CO) introduced legislation Tuesday to ease export controls on commercial satellites.   The House passed a bill last week that included similar language.

Bennet’s bill, the Safeguarding United States Leadership and Security Act of 2012 (S. 3211), would restore to the President the authority to transfer certain satellites and their components from the strict U.S. Munitions List (USML) and its International Traffic and Arms Regulations (ITAR) to the less restrictive Commerce Control List (CCL) and its Export Administration Regulations (EAR).  Congress took away that authority in the FY1999 National Defense Authorization Act (NDAA) after it concluded that two U.S. satellite manufacturers had aided China’s missile development efforts by advising them on the causes of launch failures of U.S.-built satellites on Chinese rockets.

Last week the House passed the FY2013 NDAA including a provision that similarly would restore to the President the authority to decide which of the two export control regimes governs commercial satellites.   Satellite exports to China and several other countries will remain off limits under both bills. 

Squyres: Mars Communications Relay Orbiter Would Pass Decadal Survey Test, Europa Also A Possibility

Squyres: Mars Communications Relay Orbiter Would Pass Decadal Survey Test, Europa Also A Possibility

Steve Squyres shared his personal views today of what new Mars mission NASA might initiate that would conform with the 2011 Decadal Survey for planetary science that he chaired for the National Research Council (NRC).  A Mars orbiter whose main purpose is serving as a communications relay between spacecraft on the surface and Earth would fit the bill, he said.   He added that a Mars orbiter of that nature followed by a descoped mission to Jupiter’s moon Europa and then a Mars sample return mission is plausible if Congress restores funding for planetary science as expected.

Squyres is spending a lot of his time helping policymakers and scientists interpret the Decadal Survey as NASA restructures its Mars program in the wake of proposed budget cuts to NASA’s planetary exploration program by the Obama Administration.

Congress appears likely to restore some of those cuts, but wants to ensure than any new program follows the Decadal Survey’s recommendations.  The Decadal Survey’s top priority for large missions is to return a sample of Mars to Earth for analysis.   The White House determined that the program outlined in the Decadal Survey is not affordable under current budgetary circumstances resulting in NASA withdrawing from planned cooperation with the European Space Agency (ESA) on two missions in 2016 and 2018.  NASA has created a study group to come up with a less costly option for launch in 2018 or 2020.

The House-passed version of the FY2013 Commerce-Justice-Science appropriations bill, which funds NASA, adds $88 million to Mars exploration (for a total of $150 million).  However, it says that the money can only be used for a Mars mission that leads to accomplishment of Mars sample return as stated in the Decadal Survey.  It requires the NRC to certify that any new Mars mission NASA proposes does, in fact, carry out that objective.  Otherwise, the added funds are to be used for the Decadal Survey’s second priority, a mission to Jupiter’s moon Europa.   The Senate Appropriations Committee added $100 million for the Mars program without a similar caveat.

NASA created a Mars Program Planning Group (MPPG), headed by retired NASA Mars program manager Orlando Figueroa, to come up with options.   NASA announced today that it received over 400 abstracts for papers to be presented at a June 12-14 conference where concepts will be discussed.  The MPPG report is due to be submitted to NASA in mid-August.

Winning a nod of approval from the NRC could well determine the fate of whatever mission NASA chooses.  The key is whether it will lead directly to Mars sample return.  Squyres told NASA’s Mars Exploration Program Analysis Group (MEPAG) in February that new missions to Mars “that lead directly to sample return” have very high priority, but otherwise do not and should be competed in NASA’s Discovery program of smaller planetary exploration missions instead.

Squyres, a highly respected planetary scientist best known as the “father” of the popular Mars Exploration Rovers Spirit and Opportunity, offered his personal opinion today at a meeting of the NRC’s Committee on Astrobiology and Planetary Science (CAPS) on what mission might meet that criterion. 

Squyres told CAPS that a Mars orbiter whose main purpose is providing a telecommunications link between spacecraft on the surface of Mars and Earth would meet the “directly to Mars sample return” threshold, but an orbiter devoted to scientific studies would not.  The amount of funding expected to be available for this less costly mission in 2018 or 2020 is about $700-800 million, which many believe will be sufficient only for an orbiter, not for a lander.    Yesterday, NASA Mars program manager Doug McCuisition and MPPG leader Figueroa briefed CAPS and stressed that the current probes in orbit around Mars that are serving as communications relays for Opportunity are getting old and need to be replaced if surface operations are to continue.  Squyres made the same point today.

Later, Squyres said that if Congress restores money to the planetary science account, it might even be possible to launch a Mars orbiter whose primary objective is telecommunications relay (though he did not rule out that it might have some science instruments), then a mission to Europa based on the descoping studies recently completed by the Jet Propulsion Laboratory (JPL) and the Johns Hopkins University Applied Physics Laboratory (APL), followed by a Mars sample return mission.

The Decadal Survey championed the science that would result from a mission to Europa, but an independent cost estimate pegged the mission’s cost at $4.7 billion, which the report said was unaffordable.    Last spring, JPL and APL began studies on how to reduce the scope and cost of a Europa mission and the FY2012 appropriations bill for NASA directed the agency to submit the report to Congress. 

CAPS also was briefed on the Europa study today.  JPL’s Robert Pappalardo and Tom Gavin said that it was submitted to NASA on May 1 and transmitted by the agency to Congress today.  They came up with three different options, one of which is called the Europa Clipper.  It would orbit Jupiter and “toe-dip” down towards Europa’s surface at least 32 times to collect data about that Jovian moon, which scientists believe has a large liquid ocean under an ice shell.  Liquid water is a sine qua non for life as we know it, hence the intense scientific interest in learning more about Europa’s ocean.  The Europa Clipper as currently conceived would cost $1.9 billion in FY2015 dollars excluding launch costs and have “low” risk and “excellent” science.    The other two missions that were evaluated were a Europa orbiter and a Europa lander.   A Europa orbiter would cost a little less, $1.6 billion, and be low risk, but have only “very good” science.   A Europa lander would cost much more, $2.8 billion, and be high risk, but have excellent science return.  Pappalardo and Gavin quoted NASA’s Outer Planets Analysis Group (OPAG) as concluding that “the strong majority view of the OPAG community” is that the Clipper mission is the best of the three options.

Separately, NASA’s Curt Niebur told CAPS that ESA has accepted NASA’s offer to participate as a minor partner in ESA’s new Jupiter Icy moons Explorer (JUICE) mission.  NASA will contribute hardware to the mission for a life-cycle cost of $100 million.   JUICE includes two flybys of Europa, but not the detailed studies envisioned by Europa Clipper.

Squyres said that a $700-800 million Mars orbiter whose main purpose is telecommunications relay launched in 2018, followed by a $2 billion Europa mission, and then by Mars sample return “could work” if Congress restores money to planetary science as expected.  He added that the total cost for the Mars sample return mission is $9.6 billion, a number that “spooked” the White House Office of Management and Budget (OMB).  “I haven’t heard OMB say it doesn’t like the science,” he said, “it’s the cost.” 

Later, however, in response to a question, he said he believes OMB pays “lip service” to the Decadal Survey and cares only about its own interpretation of what it says, especially in terms of the need to maintain programmatic balance.   He stressed that programmatic balance has two components — balance across the solar system and balance in terms of small, medium and large “flagship” missions.   Although the Decadal Survey did provide “decision rules” for what should happen if the budget turned out to be less than anticipated, Squyres pointed out that it recommended that flagship missions “be descoped or delayed, but not eliminated.”  

He also stressed the need for international cooperation in pursuing planetary exploration goals, pointing out the impressive capabilities that other countries already have, including Japan’s return of a sample from an asteroid.   He added that Congress also is enthusiastic about international cooperation, though China is an exception for some Members.

Planetary Scientists Continue to Pin Hopes on Congress

Planetary Scientists Continue to Pin Hopes on Congress

Planetary scientists participating in the first meeting of the National Research Council’s (NRC’s) Committee on Astrobiology and Planetary Science (CAPS) today made clear that they are relying on Congress to restore cuts to planetary exploration, and the Mars program in particular. 

The Obama Administration requested a 20 percent cut to NASA’s robotic planetary exploration program for FY2013.  Consequently, NASA had to withdraw from planned cooperation with the European Space Agency (ESA) on two Mars missions in 2016 and 2018 that were the beginning of a series of large, expensive “flagship” missions that would ultimately return samples of Mars to Earth for analysis.  Mars sample return was the top priority for large missions in the NRC’s 2011 Decadal Survey for planetary science, but as NASA officials at the CAPS meeting today repeatedly stated, the budget for planetary exploration is substantially less than they predicted when the Decadal Survey was underway.

Decadal Surveys are highly respected documents that represent a consensus of the relevant science community as to what are the top scientific questions to be answered in that scientific discipline and what missions should be executed to answer them.  NASA and Congress pay close attention to these studies, but significant budget perturbations or changes in the estimated costs or schedules of the recommended missions can wreak havoc with fulfilling them.

During an exchange with representatives of the White House Office of Management and Budget (OMB) and Office of Science and Technology Policy (OSTP) today, CAPS members stressed the difficulty of planning missions when the White House suddenly changes its budget projections.   Some of the CAPS members also sought explanations for why the planetary science program, and Mars in particular, were singled out for cuts.

OMB’s Joydip “JD” Kundu, who handles NASA’s space science account, reiterated what he and other OMB officials have said in the past.   In essence, they concluded that the federal budget outlook for the next several years precluded the United States from committing to a series of expensive missions to Mars over many years.  In addition, “some projects needed increases” and OMB did not want to make across-the-board cuts to other programs to compensate.   He did not mention the James Webb Space Telescope (JWST) by name in that context, but many in the planetary science community believe that JWST cost overruns are the fundamental reason for the cuts to planetary science.   NASA and White House officials have been careful not to publicly make that connection, however.

In any case, Kundu explained that OMB decided to avoid making commitments the United States could not keep and to protect other Decadal Survey priorities such as funding for research and analysis (R&A) and seeing that other planetary science programs such as the next Discovery selection and the OSIRIS-Rex asteroid sample return mission remain on track.  Furthermore, the White House is allowing NASA to plan for a less expensive mission to Mars in 2018 or 2020 and to develop closer coordination between NASA’s robotic and human Mars exploration plans.  Even without the ExoMars cooperation, Kundu said, NASA’s Mars program is very healthy with several probes already in orbit or on the surface, another enroute, another scheduled for launch next year, and planning underway for a less costly mission in 2018 or 2020.  Although NASA and ESA signed an agreement in 2009 that signaled an intent to merge their Mars exploration programs, the White House insists that no firm commitments were made, and that it was better to step away from that program now than start down a path that was unsustainable.

CAPS member Laurie Leshin, Dean of the School of Science at Rensselaer Polytechnic Institute and a former NASA official, asked why other federal science agencies received increases in their FY2013 budget requests, but NASA did not.  OSTP’s Tammy Dickinson stressed that the cut was “not a penalty to planetary or to NASA,” but that the Obama Administration supports the America COMPETES Act, which singles out the National Science Foundation (NSF), the National Institute of Standards and Technology (NIST) and the Department of Energy’s Office of Science for budget increases because of their importance to innovation and American competitiveness.  Perhaps the planetary science community could do a better job of explaining the relevance of its work to other national priorities, she added.  Leshin replied that NASA provides the inspiration to get students into science in the first place and Dickinson agreed.

In response to the complaints about budget instability, Kundu responded that cost overruns lead to that result.   Projects must execute on schedule and on cost or other programs will pay the price, he stressed.  Although JWST is criticized for its cost overruns today, the Mars Science Laboratory (MSL, or Curiosity) now on its way to Mars also suffered substantial overruns and a two-year launch delay.    Cristina Chaplain of the Government Accountability Office (GAO) told CAPS earlier in the day that GAO sees signs of progress in how NASA manages its programs, but will have to monitor NASA’s activities over time to see if the improvement is real.   Kundu added that although Chaplain talked about hopeful signs, the “truth is that as long as we have that issue [of cost overruns] we will have instability in planning.”

Ed Feddeman and Richard Obermann of the House Science, Space and Technology Committee staff also briefed CAPS.  Feddeman is the Republican staff director of the Space and Aeronautics subcommittee, while Obermann is the Democratic Chief of Staff for the full committee.   Both were pessimistic about the chances for Congress to reach resolution on FY2013 budgets before the end of the fiscal year on September 30, and sequestration is the “largest cloud on the horizon,” Feddeman said.   If Congress does not change existing law, sequestration will go into effect on January 1, 2013 with 7-8 percent across-the-board cuts to federal agencies including NASA.  “I can’t pretty it up,” Feddeman grimly stated. 

Obermann said that it is a challenging time for planetary science even though it has broad support in Congress.  He said Congress still had not received a good rationale from NASA as to why it ended cooperation with ESA on ExoMars instead of restructuring the program as is typically done when budgets change for the worse.  The cost to complete an instrument intended for the 2018 mission, the Mars Organic Molecular Analyzer (MOMA), was modest, Obermann said, adding that “we’re puzzled” as to why the entire program was scrapped.

The House passed the FY2013 Commerce-Justice-Science appropriations bill that funds NASA two weeks ago and the Senate Appropriations Committee has reported out its version.  Both would restore some of the funds for Mars exploration.   Appropriations bills provide funding for only one year, however, and what restrictions might accompany the funding will not be decided until final action on the bill.  The House version, for example, says that the money can be spent on Mars only if the NRC certifies that the new, less costly mission being planned for 2018 or 2020 conforms to the Decadal Survey’s top priority of Mars sample return.  Otherwise the money is to be spent on the Decadal Survey’s second priority for large missions, a spacecraft to study Jupiter’s moon Europa.

CAPS is organized under the auspices of the NRC’s Space Studies Board (SSB).  It replaces and combines two previous SSB committees:  the Committee on Planetary and Lunar Exploration (COMPLEX) and the Committee on the Origins and Evolution of Life (COEL).  The meeting continues Thursday and Friday.

Events of Interest: Week of May 21-26, 2012

Events of Interest: Week of May 21-26, 2012

The following events may be of interest in the coming week.  The Senate is in session through Saturday, then will take a week off for the Memorial Day recess.  The House left for its Memorial Day recess on Friday (other than pro forma sessions) and will return on May 30. 

During the Week

The marquee event for the week will be whether SpaceX tries again to launch its Falcon 9 rocket and Dragon spacecraft to the International Space Station (ISS).  The first launch attempt today (May 19) was scrubbed with less than one second to liftoff when the engine chamber pressure on one of the Falcon’s nine engines was too high.   If the problem can be fixed in time, the next launch opportunity is May 22 at 3:44 am ET.  Another possible launch opportunity is May 23 at 3:22 am ET, but NASA and SpaceX did not know immediately if the range was available at that time.  Stay tuned for updates from SpaceX or NASA.

Separately, the Senate Armed Services Committee (SASC) will markup its version of the FY2013 National Defense Authorization Act this week.  Subcommittee markups are early in the week, with the Strategic Forces subcommittee marking up on Wednesday at 9:30 am.  Full committee markup begins later that day at 2:30 and continues the next day.  The meetings are closed to the public so are not listed below.   The House passed its version of the bill, H.R. 4310, yesterday.

Tuesday, May 22

  • Possible second launch attempt for SpaceX, Cape Canaveral, FL, 3:44 am ET

Tuesday-Thursday, May 22-24

Wednesday-Friday, May 23-25

Thursday-Monday, May 24-28

Friday, May 25

 

 

Industry Praises House Passage of Defense Authorization Bill Easing Satellite Export Controls

Industry Praises House Passage of Defense Authorization Bill Easing Satellite Export Controls

The Satellite Industry Association (SIA), the Aerospace Industries Association (AIA), and the Commercial Spaceflight Federation (CSF) lauded House passage today of the FY2013 National Defense Authorization Act, H.R. 4310.   As passed, the bill includes an amendment adopted yesterday that could ease export controls on commercial satellites, which the organizations support.  CSF has a caveat, however, saying it is unclear if the amendment also covers “the spaceflight participant experience.” 

The amendment, sponsored by Rep. Adam Smith (D-WA), ranking member of the House Armed Services Committee (HASC), and co-sponsored by HASC chairman Howard “Buck” McKeon and other influential members, restores to the President the authority to decide whether commercial satellites are governed by the U.S. Munitions List (USML) and its International Traffic in Arms Regulations (ITAR) or the dual-use Commerce Control List (CCL).  In a press release, SIA President Patricia Cooper called it a “vital step for the U.S. satellite industry.”  AIA said it welcomed the action by the House and urged the Senate to follow suit. 

CSF also commended the easing of export controls on commercial satellites, but cautioned in a press statement that the language “is somewhat unclear on whether the commercial spaceflight participant experience and training are among the items the President has the authority to remove” from the USML.    “Spaceflight participant” is the formal name for what is more commonly called a space tourist.  CSF Executive Director Alex Saltman said CSF would work with the House and Senate to clarify that it should not be regulated under the USML.

Saltman went on to say that “We also support the removal of manned suborbital spacecraft from the U.S. Munitions List, as these vehicles now have countless civilian uses, and the eventual removal of all civilian spacecraft. The Commerce Control List is the appropriate place to regulate these vehicles, as it has successfully regulated many dual-use technologies with predominantly civilian uses in the past. We look forward to working with the Administration and Members of Congress to modernize the US Munitions List so that it effectively protects our national security without impeding the growth of American industries and jobs.”

The House action followed release of a congressionally-required report from the Departments of Defense and State on the national security implications of transferring commercial satellites from the USML to the CCL.   The “section 1248 report,” referring to the section of the FY2010 DOD authorization act that required the report, strongly recommended that the authority to decide which export control regime governs commercial satellites be restored to the President.  Congress removed that authority in the FY1999 National Defense Authorization Act in the wake of congressional findings that U.S. satellite manufacturers advanced Chinese missile development by aiding in analysis of Chinese launch failures carrying U.S.-built satellites.  China is one of several countries to which satellite exports still are prohibited under the terms of the amendment.

House to Debate Change to Export Rules for Commercial Satellites

House to Debate Change to Export Rules for Commercial Satellites

The House will continue debate today on the FY2013 National Defense Authorization Act (NDAA), H.R. 4310, turning its attention from general debate to a long list of amendments.

One of those many amendments (click on “amendments” tab) could change the export control environment for commercial satellites.  Amendment 152, offered by Representatives Adam Smith (D-WA), Howard “Buck” McKeon (R-CA and chairman of the House Armed Services Committee), Dana Rohrabacher (R-CA), and Kevin McCarthy (R-CA and House Majority Whip) would authorize the President to remove commercial satellites and related components from the U.S. Munitions List (USML).  The Administration would have to submit various determinations and reports, and exports to certain countries are prohibited, but in essence the amendment would restore to the President the authority to make the decision on whether commercial satellites are governed by the USML or the Commerce Department’s Commerce Control List (CCL).   Congress took away that authority in the FY1999 National Defense Authorization Act in the wake of the “Loral-Hughes” controversy where Congress found that those companies had assisted China in developing missile capabilities by helping them determine why several Chinese launches of U.S.-built communications satellites failed.  

China is on the list of countries to which exports of commercial satellites still would be prohibited.  The others are Cuba, Iran, North Korea, Sudan, Syria, and “any other country with respect to which the United States would deny the application for licenses and other approvals for exports and imports under section 126.1 of the International Traffic in Arms Regulations” or ITAR.

The amendment comes in the wake of a long-awaited report from the Departments of State and Defense — the “section 1248 report” — on the national security implications of moving commercial satellites and their components from the USML to the CCL.  The U.S. commercial communications satellite industry has been arguing stridently for more than a decade to ease export controls for their products arguing that European competitors are benefitting by making “ITAR-free” satellites that are not subject to U.S. export control regulations.

President Threatens to Veto House DOD Authorization Bill, Space Code of Conduct in Dispute

President Threatens to Veto House DOD Authorization Bill, Space Code of Conduct in Dispute

The White House said yesterday that it would veto the FY2013 National Defense Authorization Act (NDAA) if it passed Congress in its current form.  The House will begin debate on the bill, H.R. 4310, today.

The White House veto threat was just one shot fired in the escalating debate over the nation’s economic future as the election season ramps up.  Though not an economic issue, one of the provisions to which the White House objects would prohibit the Administration from agreeing to an International Code of Conduct for space activities without the advice and consent of the Senate or unless it is authorized in law.

The NDAA authorizes funding and provides policy guidance for the Department of Defense (DOD) and related activities.   In last year’s Budget Control Act (BCA), Republicans and Democrats on Capitol Hill and the White House agreed to drastic cuts in federal spending in return for congressional approval to raise the debt ceiling.   The House, however, has reneged on that deal.  It passed a bill last week exempting DOD from the spending cuts and imposing those cuts on other parts of the budget, particularly food stamps and other entitlement programs.

In its Statement of Administration Policy (SAP) on the bill, the White House says it will veto the final version of the bill “if the cumulative effects of the bill impede the ability of the Administration to execute the new defense strategy and to properly direct scarce resources” or if it contains language that would “impinge on the President’s ability to implement the new START Treaty and to set U.S. nuclear weapons policy.”

The SAP has a lengthy list of other provisions to which the White House objects.  One is opposition to Section 913, which would prohibit the President from agreeing to an International Code of Conduct for space activities without the advice and consent of the Senate or unless it is authorized by law.   Under the Constitution, treaties are subject to the advice and consent of the Senate, but the Administration argues that the space Code of Conduct would be a voluntary agreement with no enforcement provisions, not a treaty, and thus not subject to congressional action.   The extent to which the White House would consult with Congress before agreeing to a space Code of Conduct has been a sticking point since the concept emerged.

The European Union (EU) drafted a Code of Conduct for Outer Space Activities in 2008 and released a revised draft in October 2010.   In January 2012, Secretary of State Hillary Clinton announced that the United States would work with the EU and other countries on finalizing a version of the agreement after bringing more countries into the discussion, a process expected to take several years.  A major theme of the agreement is space sustainability — ensuring that the space environment remains usable in the future  — by defining responsible behavior so those who behave irresponsibly can be singled out.    A Chinese antisatellite (ASAT) test in 2007 and the accidental collision of an American commercial Iridium communications satellite and a defunct Russian Kosmos satellite in 2009 created thousands of pieces of space debris in the most heavily used part of low Earth orbit.  Those events prompted calls for limiting the creation of space debris and enhancing space situational awareness so countries and companies operating in space know the current and projected locations of satellites and debris so collisions can be avoided.

Some members of Congress, however, are concerned that the Code of Conduct is a back-door approach to arms control in space that could limit U.S. options.  They do not want the Administration agreeing to anything without their approval.   In the SAP, however, the Obama Administration said that Sec. 913 of the NDAA “encroaches on the Executive’s exclusive authority to conduct foreign relations and could severely hamper U.S. ability to conduct bilateral space cooperation actitivies with key allies.”

While important enough to make the list of Administration objections to the House version of H.R. 4310, the Code of Conduct is likely to be a minor issue compared to the funding disputes.   The sharp differences between Republicans and Democrats over how to reduce the federal deficit were once again brought into sharp relief yesterday as House Speaker John Boehner vowed not to approve another increase in the debt limit without deep spending cuts that nonetheless protect the defense budget.  Republicans continue to insist on not increasing taxes and, in fact, say that they will extend the Bush-era tax cuts that will expire at the end of this year.  Democrats want to reduce the decifit by a combination of spending cuts and tax increases and the President insists that he will not approve an extension to the Bush-era tax cuts for wealthier individuals.

The expiration of those tax cuts, and harsh spending reductions to defense and non-defense discretionary spending under the sequestration provisions of the Budget Control Act that automatically take effect on January 1, 2013 unless Congress changes the law, are driving the political and fiscal debate in Washington.  Sequestration could have dramatic consequences for the aerospace industry according to the Aerospace Industries Association (AIA).  It is leading the drive to raise awareness of what could happen to the U.S. aerospace industry if Congress and the White House do not agree on a different course of action.