Adapting To The Times

Sumara M. Thompson-KingDeputy General Counsel, National Aeronautics and Space AdministrationNovember 2013

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Adapting to the Times

“Space Policy Redefined: The Reagan Administration and the Commercialization of Space.” W.D. Kay. Department of Political Science, Northeastern University. This research was funded by contract no. NASW-96014 of the National Aeronautics and Space Administration, BUSINESS AND ECONOMIC HISTORY, Volume Twenty-seven, no. 1, Fall 1988.

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Adapting to the Times

Robust Discussion of the Commercial Use of Space Is Not a New 21st Century Activity

Robust Discussion of the Relationship of Acquisition Practices and the Commercial Use of Space Is Not a New 21st Century Activity

Robust Discussion Amongst Decisionmakers and Stakeholders About the Commercial Use of Space Is Not a New 21st Century Activity

Robust Discussion of How to Structure the Relationship Between the United States Government and Others Regarding the Commercial Use of Space Is Not a New 21st Century Activity

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Adapting to the Times What May Be New, What May Be Different

Is: How We Think About…

How We Prepare For…

How We Implement A Plan For…

How We Work With Others In…

…Adapting to the Times

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Adapting to the Times

Broader Perspective Beneficial for Individual Performance Beneficial for Achieving Mission Success

Broader Understanding through Knowledge of Historical Context Know History Know Current Events

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Adapting to the Times

Historical Context: Emergence and Growth of Space Activities: On October 4, 1957, Russia orbited the first satellite, Sputnik. NACA to NASA via the National Aeronautics and Space Act of

1958. Government–owned, government-operated and government-

financed launch systems 1960s launches of commercial communications satellite by the

United States. November 11, 1982, STS-5 was the first Space Shuttle mission to

carry commercial satellites In the1980s, foreign governments and foreign business

ventures launched commercial satellites. Alternative launch sources; profit; competitive prices for

launches; advancing technology.

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Adapting to the Times Historical Context (Part I): Legislation and Policy Regarding

Commercial Space Activities: NSDD-94. “Commercialization of Expendable Launch Vehicles.” National Archives

and Records Administration. (ARC ID: 198240). May 16, 1983. http://marshall.wpengine.com/wp-content/uploads/2013/09/NSDD-94-Commercialization

-of-Expendable-Launch-Vehicles-16-May-1983.pdf Commercial Space Launch Act (P.L. 98-575), signed by President Reagan on

October 30, 1984, Established Office of Commercial Space Transportation in the Department of Transportation

(DOT) as the federal agency responsible for facilitating and regulating commercial space launch activities (a task currently assigned within DOT to the Federal Aviation Administration).

its 1988 amendments (Pub.L. 100-657) that provided for government indemnification of commercial space launches for amounts between $500 million and $2 billion (which was extended in several subsequent laws)

its 2004 amendments (Pub.L. 108-492) that provide for regulation of commercial human spaceflight

Sec. 102(c) The Congress declares that the general welfare of the United States requires that the National Aeronautics and Space Administration (as Established by title II of this Act) seek and encourage, to the maximum extent possible, the fullest commercial use of space. Added by the National Aeronautics and Space Administration Authorization Act, 1985, Pub.

L No.98-361, http://history.nasa.gov/spaceact-legishistory.pdf

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Adapting to the Times Historical Context (Part II): Legislation and Policy

Regarding Commercial Space Activities: In 1988, the U.S. announces a new space policy that includes a new

Commercial Space Initiative to encourage U.S. commercial satellite launches to be privatized and limit NASA's involvement in commercial space operations.

Launch Services Purchase Act (42 U.S.C. 2465d)), signed by President G.H.W. Bush on November 5, 1990. Required NASA to purchase launch services for its primary payloads from commercial providers.

Commercial Space Act of 1998 (Pub. L. 105-303), to encourage the development of a commercial space industry in the United States. http://www.nasa.gov/offices/ogc/commercial/CommercialSpaceActof1998.h

tml Commercial Space Transportation Competitiveness Act of 2000

(Pub.L. 106-405), to promote the development of the commercial space transportation industry

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Adapting to the Times

Not “Either-Or” But Both Research and Development Efforts

Seek and Encourage, to the Maximum Extent Possible, the Fullest Commercial Use of Space.

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Adapting to the Times

Thinking About and Participating in Supporting the NASA Mission: Know Yourself Know Your Internal Stakeholders Know Your External Stakeholders Know The Options, Know The Issues

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Adapting to the Times Know Yourself

“If It Ain’t Broke, Don’t Fix It” Thinking Can Sometimes Lead to More Extensive and Costly Repairs Boilerplates vs. Critical Thinking

Learn or Enhance a Skill Uncle Cal’s tube television

Demonstrate Information Sharing and Collaboration Diversity of Thoughts

Don’t Let Work from Anywhere Result in Work from Nowhere Maintain Your Integrity

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Adapting to the Times

Know Your Internal Stakeholders Read the NASA websites Read the strategic plans Read the Budget Read the Pertinent

Appropriations and Authorization legislation

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Adapting to the Times Know Your External Stakeholders (KYES)

CongressExecutive BranchJudicial BranchIndustryAcademiaInternational EntitiesState and Local GovernmentsMediaPublic

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Adapting to the Times KYES--Congress

FY 2014 Continuing Resolution, H.R. 2775, P.L. 113-46. An Act Making continuing appropriations for the fiscal year ending

September 30, 2014, and for other purposes. at current rate, until January 15, 2014, retroactive to October 1, 2103;

reportedly, the measure scores at $986.3B, consistent with the FY 2013 sequester level.

SEC . 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2013.

Subsumes the provisions of the “Pay Our Military Act” appropriations into the Continuing Resolution levels;. Prohibition on cost of living adjustment for Members of Congress for FY 2014.; Back pay for furloughed Federal workers.

Maintains government-wide restrictions and reporting requirements relating to agency spending on conferences.

Clean debt limit suspension until February 7, 2014, subject to Congressional disapproval process.

Agreement to go to FY 2014 budget conference, appoint conferees, and report out by December 13, 2013.

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Adapting to the Times KYES--Congress

The House Oversight and Government Reform Committee consolidated two subcommittees that oversee major agency functions, such as procurement and technology, into a new one called the Subcommittee on Government Operations. The Government Operations Subcommittee combines most of the jurisdictions of the

Subcommittee on Government Organization, Efficiency, and Financial Management and the Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform.

H.R. 3345 -- the Stop Unworthy Spending Act – plan to consolidate more than 40 executive agency suspension and debarment offices into one centralized board, though larger agencies could continue to operate their own offices if they demonstrate effectiveness.

http://oversight.house.gov/subcommittee/subcommittee-on-government-operations/

The Committee on Homeland Security and Governmental Affairs as we know today did not begin as a committee charged with overseeing how the federal government operates. Armed Services Committee initiates the National Defense Authorization Act (NDAA). The House Armed Services Committee is taking another crack at defense acquisition

reform. Committee chairman Buck McKeon (R-Calif.) recently tasked Vice Chairman Mac Thornberry (R-Texas) to head up a new panel looking at ways to reform the defense acquisition process.

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Adapting to the Times KYES--Executive Branch

NASA Interactions with: OMB (Budget and Programs) FAA (Commercial Space and Aeronautics)

DoC/NOAA (Weather and Climate) DoE (Power for Spacecraft) DARPA (New Technology)

KYES--Judicial Branch Non-FAR based selections

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Adapting to the Times KYES--Industry

Established and Emerging Businesses “The Familiar” and “The Trending”

Small Business Opportunities KYES-- Academia

Information Sharing with Foreign Partners KYES-- International Entities

Budgets KYES-- State and Local Governments

Local Business Opportunities—Jobs and Wage Rates Environmental Issues

KYES-- Media “Linking In”

KYES-- Public Have a Plan and Execute It Fairly and Be Cost Effective

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Adapting to the TimesKnow The Options, Know the Issues Considerations If Using a FAR-based

Instrument or a Non-FAR-based Instrument Know the Purpose: Requirements Definition Examine and Identify Appropriate Legal Instrument

Involvement of the Appropriate Stakeholders Early in the Process

Examine and Identify Appropriate Clauses Be Creative, Be Realistic Have a Plan and Execute It Fairly and Be Cost

Effective

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Adapting to the TimesKnow The Options, Know The Issues Become an Effective Negotiator Recognize that Different Legal Instruments Have

Different Intellectual Property Rights FAR contracts Other Transaction Agreements CRADAs

Communicating with IndustryEstablished CompaniesEmerging Companies

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Adapting to the TimesKnow The Options, Know The Issues LPTA vs. Best Value

Use the Appropriate Contracting Method Be Prepared for New Approaches:

Hosted PayloadsAgency Mobile Initiatives

Access and Security Issues ITARAccess to NASA Facilities, Personal Property, IT

Systems and Data

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Adapting to the Times Know The Options, Know The Issues Recognizing that Oversight and Audits Will Occur

CongressOIGGAO

Recognizing that Everyone Doesn’t Act with IntegrityNASA’s Acquisition Integrity Program (AIP)

Procurement and Nonprocurement Suspension and Debarment

Counterfeit Parts

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Adapting to the Times President Reagan’s Statement on Signing the

Commercial Space Launch Act October 30, 1984 I am pleased to sign into law H.R. 3942, the Commercial Space

Launch Act. One of the important objectives of my administration has been, and will continue to be, the encouragement of the private sector in commercial space endeavors.

The National Aeronautics and Space Administration Authorization Act of 2010, Public Law 111–267. SEC. 2. FINDINGS.

Congress makes the following findings:(3) The National Aeronautics and Space Administration is and should remain a multi-mission agency with a balanced and robust set of core missions in science, aeronautics, and human space flight and exploration.