International Space News

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.

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.

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.

Soyuz TMA-04M successfully lifted off from the Baikonur Cosmodrome in Kazakhstan at 11:01 pm Eastern Daylight Time (9:01 am May 15 local time at the launch site).

NASA astronaut Joe Acaba and Russian cosmonauts Gennady Padalka and Sergei Revin are on their way to the International Space Station.

The launch of Soyuz TMA-04M remains on track for 11:01 pm Eastern Daylight Time (EDT) tonight.

Aboard are NASA astronaut Joe Acaba and Russian cosmonauts Gennady Padalka and Sergei Revin.   Assuming a successful launch, they are scheduled to dock with the International Space Station (ISS) two days later, joining three crew members already aboard:  NASA's Don Pettit, the European Space Agency's Andre Kuipers, and ISS commander Russian cosmonaut Oleg Kononenko.

We'll be following the launch on NASA TV and reporting on Twitter.  Follow us @SpcPlcyOnline.

UPDATE:  The House Appropriations Committee's markup of the FY2013 defense appropriations bill on Thursday has been added.

The following events may be of interest in the week ahead.   The House and Senate both are in session this week.

During the Week

The House is scheduled to debate the FY2013 National Defense Authorization Act that funds DOD space programs among many other items.  The House Rules Committee will meet on Tuesday and Wednesday to write the rule for that debate, with consideration of the bill (H.R. 4310) expected to begin on Wednesday.

On the NASA front, three new International Space Station (ISS) crew members are due to be launched from the Baikonur Cosmodrome at 11:01 pm Eastern Daylight Time (EDT) on Monday, May 14 (May 15 at the launch site in Kazakhstan).  If all goes according to plan, they will dock on May 16 to join the three crew members already there and barely have time to unpack before preparing for arrival of SpaceX's Dragon spacecraft.  SpaceX and NASA are once again gearing up for the much anticipated second SpaceX test launch as part of the commercial cargo program.   It is scheduled for the wee hours of Saturday (May 14) morning -- 4:55 am  EDT-- from Cape Canaveral, FL.   The launch has been postponed a number of times, and SpaceX reserved May 22 as a backup date in case anything goes awry between now and Saturday.  Assuming things go well, however, the Falcon 9 rocket will deliver the Dragon spacecraft carrying supplies for the ISS crew to orbit.  After a series of test maneuvers over several days, where go-no go decisions will be made repeatedly, Dragon will move close to the ISS and be grappled by the ISS crew on Day 4 using Canada's robotic arm and brought in to berth at the ISS.  SpaceX released a press kit last week with a detailed timeline of events.

Monday, May 14

• Soyuz TMA-04M launch with three ISS crew members, 11:01 pm EDT (10:01 pm CDT; 9:01 am May 15 in Kazakhstan).  Watch on NASA TV.

Tuesday, May 15

• Washington Space Business Roundtable luncheon featuring Scott Pace, University Club, Washington DC, 11:45 am EDT

Tuesday-Wednesday, May 15-16 

• House Rules Committee meets to formulate rule for H.R. 4310, FY2013 National Defense Authorization Act,
  • May 15, 5:00 pm ET, H-313 Capitol to formulate the rule for general debate
  • May 16 at 2:30 pm ET to consider amendments

Wednesday, May 16

• House begins debate on H.R. 4310, FY2013 National Defense Authorization Act, time TBD.  Watch on C-Span.

Wednesday-Friday, May 16-18

• Secure World Foundation Workshop on Space Applications for Humanitarian Operations, Warsaw, Poland

Thursday, May 17

• House Appropriations Committee markup FY2013 defense appropriations bill, 2359 Rayburn, 10:00 am ET

Saturday, May 19

• Scheduled SpaceX launch of Falcon 9/Dragon to International Space Station, 4:55 am EDT.  Watch on NASA TV beginning at 3:30 am.

Editor's Note:  The correct local time for the Soyuz TMA-04M launch is 9:01 am May 15 in Kazakhstan, rather than 10:01 am as earlier reported.  It was correctly stated as May 14, 11:01 pm EDT or 10:01 pm CDT.

A conference scheduled for June 26-28, 2012 in Denver, CO will spotlight the results of experiments already conducted aboard the International Space Station and discuss opportunities for the future.

The conference is being organized by the American Astronautical Society (AAS) and the Center for the Advancement of Science in Space (CASIS) in cooperation with NASA.  In addition to keynotes and plenaries, the conference features parallel technical sessions on specific science and technology disciplines.  They include

• human research,
• communications & navigation technologies,
• space science,
• plant biology,
• biotechnology,
• materials science & combustion science,
• spacecraft systems and technology,
• technical earth imaging,
• fundamental physics,
• technologies for exploration applications,
• earth science,
• cell biology & tissue engineering,
• human exploration, and
• education

The European Space Agency (ESA) recently held a similar conference in Berlin and Japan held one in December.  The United States, Europe, Japan, Canada and Russia spent between $60-100 billion (depending on who is doing the math) on building the ISS.   Construction was completed in 2010 and attention is now focused on making the best use of it.  The ISS partners have agreed to operate the ISS at least until 2020.  In the 2005 NASA Authorization Act, Congress designated the U.S. segment of the ISS as a National Laboratory with the expectation that U.S. entities other than NASA would be interested in utilizing it.   CASIS was created last year to manage the ISS National Laboratory and promote its potential to prospective users.

For more information on the June conference, visit the AAS website.

Despite concerns that NASA's withdrawal from two joint Mars missions with the European Space Agency (ESA) would chill the waters for future space cooperation agreements, both ESA and Japan have recently made clear that they remain committed to working with the United States.

At ESA's request, NASA recently sent a letter expressing its interest in participating in ESA's newly-selected Jupiter Icy moons Explorer (JUICE) program.  NASA Planetary Science Division Director Jim Green told the NASA Advisory Council's Planetary Science Subcommittee last week that NASA told ESA it would like to be a "minor partner" in JUICE with a payload contribution totalling $100 million over the life of the project.   ESA announced its selection of JUICE as its next large science mission on May 2. 

Green particularly thanked Tammy Dickinson at the White House Office of Science and Technology Policy (OSTP) for helping NASA reply to ESA's request expeditiously.   NASA's Joan Salute later said ESA is planning to issue the Announcement of Opportunity (AO) for JUICE in June in preparation for instrument selection in January 2013.  Launch is planned for 2022 and it will take eight years to reach Jupiter.   Green said NASA plans to provide "a significant portion" of the payload, although negotiations on precisely what it will provide have not yet begun. 

Separately, as part of Japanese Prime Minister Yoshihiko Noda's meeting with President Obama on April 30, the two countries announced a number of cooperative initiatives including space cooperation.  Recognizing 42 years of joint space activities, the statement said the two countries "have committed to deepen civil space cooperation through early conclusion of a Framework Agreement on the peaceful exploration and use of outer space" and by pursuing specific activities that include:

• cooperation between the U.S. GPS system and Japan's Quasi-Zenith Satellite System;
• collaboration on earth observation missions; and
• continuation of International Space Station operations beyond 2016.

The two countries also agreed to deepen their "security partnership in space" through transparency and confidence building measures (TCBMs) including an International Code of Conduct and a framework for space situational awareness.

NASA has a long history of international cooperation in space dating back to its founding in 1958.   Europe and Japan have partnered with NASA on many space science and applications projects over many decades.   A Japanese satellite, GCOM-W1 (or Shikuzu), for example, is scheduled for launch from Tanegashima this Thursday, May 17, Eastern Daylight Time (May 18 in Japan) as part of the NASA-led "A-Train" earth observing satellite constellation.   Europe and Japan also are partners with the United States, Russia, and Canada in the International Space Station program.

Three new crew members for the International Space Station (ISS) are readying for launch on Russia's Soyuz TMA-04M spacecraft late Monday evening Eastern Daylight Time (EDT).

The launch is scheduled for 11:01 pm EDT on May 14, which will be 10:01 am May 15 in Kazakhstan where the Baikonur Cosmodrome is located.  NASA will carry the launch live on NASA TV beginning at 10:00 pm EDT.

NASA astronaut Joe Acaba and Russian cosmonauts Gennady Padalka and Sergei Revin will dock with the ISS two days later, joining the three crew members who are there already:  Russian Commander Oleg Kononenko, NASA's Don Pettit and Europe's Andre Kuipers.

If all goes according to plan, one of the first tasks for the 6-person crew will be berthing SpaceX's Dragon spacecraft with the ISS.  The Dragon launch is currently scheduled for May 19.

SpaceX and NASA continue to plan for SpaceX's test launch to the International Space Station on May 19.

The launch has been postponed several times and SpaceX has reserved May 22 as a backup date in case anything goes awry on May 19, but for now the launch of Falcon 9 with its Dragon spacecraft is set to blast off from Cape Canaveral, FL at 4:55 am ET a week from tomorrow.

NASA will carry the launch live on NASA TV, with coverage beginning at 3:30 am.  Media events associated with the launch were outlined in a NASA press release today.  SpaceX also released a press kit today. 

SpaceX refers to the launch as COTS 2, the second in its demonstration flights for NASA's Commercial Orbital Transportation Services (COTS) program.  NASA calls it C2+ since the mission is combining objectives planned not only for the SpaceX COTS 2 mission, but also the third and last test launch that was planned in this series.