9-May-11 UNCLASSIFIED//FOR OFFICIAL USE ONLY - PowerPoint Presentation

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9-May-11

UNCLASSIFIED//FOR OFFICIAL USE ONLY

Commercial Space Launch Cooperation Legislative Proposal

Presentation to Space Transportation Operations Working Group

Mr Tom Shearer

Policy & Strategy Division

10 May 2011Slide2

National Presidential Security Directives

encourage non-federal investment in development and improvement of space infrastructure

Title 49 (Transportation) finds for strengthening/expanding US space transportation infrastructure with State/private involvement

Enables reimbursable acquisition of unused property/servicesTitle 15 (Commerce) finds improvements/additions to space infrastructure contribute to robust/cost effective space capability Allows reimbursable use of government facilitiesTitle 10 doesn’t address commercial space and otherwise precludes nonfederal investment to supplement appropriations Bottom Line - National Policy and Law encourage federal/non-federal partnerships but don’t permit cost sharing arrangements

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Basic ProblemSlide3

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UNCLASSIFIED//FOR OFFICIAL USE ONLY

Commercial Space Sector Goals vs USC Title 10 LimitationsNSP, dated 28 Jun 10 states “A robust and competitive commercial space sector is vital to continued progress in space. The United States is committed to encouraging and facilitating the growth of a U.S. commercial space sector…”Currently Title 10 limits DoD to accepting reimbursement from commercial space companies for excess capacity in the form of launch property, facilities, or direct support servicesDoD is not allowed to accept non-DoD funding to enable or improve operation of commercial Space launch capabilities, augmentation of DoD capabilities for commercial purposes, or adding commercial requirements to DoD contracts to extend/expand services in support of commercial Space launch activitiesThe proposed FY12 NDAA addition of Section 2275 “Commercial Space Launch Cooperation” to Title 10 will enable DoD to accept non-DoD funds and augmentation for the purposes described aboveSlide4

Launch base & range capacity is sized and

funded to meet only DoD mission requirements

Why?: Language inherent to Title 10 & Authorization Bills

Purposes language Augmentation rulesTitle 49: Commercial users can only use DoD’s “excess capacity”…if there is anyFix: Change law to allow

Gov’t / Industry

partnerships who can combine resources

,

increase

capacity

and

share costs

Full capacity

for DoD &

Commercial

use

Only excess

capacity for

Comm’l

use

Gov’t Launch Support Obstacles

DoD $

for

DoD

mission

Comm’l

$ for

comm’l

mission

What

We

Need

What We

Have Today

4

DoD

$ for only

DoD Mission

+Slide5

Will Enable:

Lower Range costs

Increased Range capacity

More commercial access to DoD facilitiesWhy Change the Law?5Advance Administration’s focus on commercialization of spaceAdvance execution of U.S. Space Statutes & U.S. National Space Policy

Enable significant launch base efficiencies and capabilities for all Range customers, especially commercial industry

Synchronize Commercial Space Statutes

Titles 42, 49, 15 & 51 require NASA, FAA & DoC to advocate, facilitate & provide excess Gov’t launch services and range support to the US commercial space industry

BUT

DoD owns most of the launch facilities and services

Title 10 does not include direct authority to support commercial space. Authority has been derived from Title 49.

This legislation will make direct

support to the

commercial launch industry part of the DoD mission.Slide6

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Physics – Performance – Location

Safety -- Protect the public from launch hazards

Optimize use of unique national assets

Avoid duplication of expensive capabilities

Access to skilled aerospace workforce

Community culture of mission success

Directed cost efficiencies for commercial space industry

Incubator for our nation’s next transportation system

Why Launch

From

a DoD Range?Slide7

Mar

Oct

Aug

Jun

Jan

Dec

Feb

Sep

Jun

Aug

Jan

Feb

Apr

2011

Submissions due to DoD/OLC 1 Aug

(actual 11 Aug)

OctDec7Commercial Space Launch Cooperation (CSLC) Legislative Proposal - Notional Timeline7

Proposal Forwarded to OMB 12 Nov* Congress Approves FY11 NDAA 22 Dec (sent to President 29 Dec)Transmit FY11 NDAA to CongressMar 2010 2010Best Guess as of May 2011OMB approves proposal OLC fwds to Congress 15 Apr DecOct2012Fully coordinated AF proposal due to SAF/GC 14 Jul

Window to Submit to OMBLegislative Review Panel (LRP) 9 Nov

Proposals due to OMB 1 Oct Cut off for FY12 legislative cycle 31 Dec

Transmit FY12 NDAA to Congress

16 Mar

Congress Approves FY12 NDAA (date tbd)

Socialize Concept via Industry Day, COMSTAC, SIBC, etc Advertise New LawSend Proposal to Congress for inclusion in FY12 NDAA

)Non-Federal Entity Submits CSLC Proposal # 1 (2012/01) to 45SWWing Review, Coord, Approval Process

complete (3 months)DoD Coord/Approval Process complete(3 months)FY13UNCLASSIFIED//FOR OFFICIAL USE ONLYExecute First ProposalUnder CSLCBuild Gov’t Instructions / Implementation Guidelines

President signs FY11 NDAA 7 Jan

*Dec-Feb – DoD review/implementation of NASA & Treasury comments

**Feb-Apr – DoD review/implementation of

DoT

& DoS comments Proposal Forwarded Back to OMB 2 Feb**

Jt Follow-on Jt (USG + Ind) USG Framing DoD Framing DoD Kick-off Mtg Mtg Mtg Mtg Mtg Slide8

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Close-In Meeting Schedule Mid June - DoD Kick-off meetingHAF, AFSPC, 45th SW, 30th SW, Army, Navy, NRO Late June – DoD Framing meeting Air Force, Navy, Army3rd wk July – USG Framing & Initial Drafting meetingDoD, DoT, NASAEarly Aug – USG + Industry Kick-off meetingAug-Oct – Joint USG/Industry follow-on meetings Slide9

Need

to add commercial space Range support to the DoD mission to enable substantive improvements in national space launch capability

New challenges mounting:

Administration’s focus on commercial spacelift sourcesNASA mission changeCommercial spacelift business model finally succeeding Declining Government resourcesLaunch Ranges need DoD legal impediments removed to improve efficiency, increase capacity and share costsSummaryBusiness as usual can only make marginal improvements

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Back-UpsSlide11

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National Commercial Space Mandate

1984 - Commercial Space Launch Act

2004 - NSPD-40

2006 - NSPD-49

2000 - Commercial Space Transportation Competitiveness Act

2010 - National and

Commercial Space Act

2010 - National Space Policy

27 Year Theme:

U.S. Commercialization of Space

Next Step: Add DoD