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:
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On October 4, 1957, Russia orbited the first satellite, Sputnik.
NACA to NASA via the National Aeronautics and Space Act of
1958.
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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).

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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:

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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
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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.
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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.
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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.

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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
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Established and Emerging Businesses
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Local Business Opportunities—Jobs and Wage Rates
Environmental Issues
KYES-- Media
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Budgets
KYES-- State and Local Governments
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Information Sharing with Foreign Partners
KYES-- International Entities
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Small Business Opportunities
KYES-- Academia

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“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.