Transcript Document
Adapting To The Times
November 2013
Sumara M. Thompson-King
Deputy General Counsel, National Aeronautics and Space Administration
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“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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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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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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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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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 governmentfinanced 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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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-ofExpendable-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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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.html
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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Not “Either-Or” But Both
Research
Seek
and Development Efforts
and Encourage, to the Maximum
Extent Possible, the Fullest Commercial
Use of Space.
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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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Know Yourself
“If It Ain’t Broke, Don’t Fix It” Thinking Can Sometimes
Lead to More Extensive and Costly Repairs
Learn or Enhance a Skill
Uncle Cal’s tube television
Demonstrate Information Sharing and Collaboration
Boilerplates vs. Critical Thinking
Diversity of Thoughts
Don’t Let Work from Anywhere Result in Work from
Nowhere
Maintain Your Integrity
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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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Know
Your External Stakeholders (KYES)
Congress
Executive Branch
Judicial Branch
Industry
Academia
International Entities
State and Local Governments
Media
Public
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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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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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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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KYES--Industry
Established and Emerging Businesses
Local Business Opportunities—Jobs and Wage Rates
Environmental Issues
KYES-- Media
Budgets
KYES-- State and Local Governments
Information Sharing with Foreign Partners
KYES-- International Entities
Small Business Opportunities
KYES-- Academia
“The Familiar” and “The Trending”
“Linking In”
KYES-- Public
Have a Plan and Execute It Fairly and Be Cost Effective
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Know 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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Know 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
Established
with Industry
Companies
Emerging Companies
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Know The Options, Know The Issues
LPTA
Use
Be
vs. Best Value
the Appropriate Contracting Method
Prepared for New Approaches:
Hosted
Payloads
Agency Mobile Initiatives
Access
ITAR
and Security Issues
Access
to NASA Facilities, Personal Property, IT
Systems and Data
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Know The Options, Know The Issues
Recognizing
Occur
that Oversight and Audits Will
Congress
OIG
GAO
Recognizing
Integrity
NASA’s
that Everyone Doesn’t Act with
Acquisition Integrity Program (AIP)
Procurement
and Nonprocurement Suspension and
Debarment
Counterfeit Parts
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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.