1 2 51 U.S.C. 20301: scientific research, which shall include, at - - PDF document

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51 U.S.C. § 20301: “scientific research, which shall include, at a minimum—Earth science research and research on the Sun‐Earth connection through the development and

• peration of research satellites and other means.”

51 U.S.C. § 70904(a): “It is the policy of the United States to achieve diverse and growing utilization of, and benefits from, the International Space Station.” Mars Opportunity Rover: Pub. L. 101–611, §§101, 102 (Nov. 16, 1990): "(15) seek innovative technologies that will make possible advanced human exploration initiatives, such as the establishment of a lunar base and the succeeding mission to Mars, and provide high yield technology advancements for the national economy.” New Horizons Explorer: Pub. L. 107–248, § 902 (Oct. 23, 2002): “Commercial reusable in‐ space transportation systems can enhance and enable the space exploration of the United States by providing lower cost trajectory injection from earth orbit, transit trajectory control, and planet arrival deceleration to support potential National Aeronautics and Space Administration missions to Mars, Pluto, and other planets.” 3

51 U.S.C. § 20102. Congressional declaration of policy and purpose— (a) DEVOTION OF SPACE ACTIVITIES TO PEACEFUL PURPOSES FOR BENEFIT OF ALL HUMANKIND.—Congress declares that it is the policy of the United States that activities in space should be devoted to peaceful purposes for the benefit of all humankind. (b) AERONAUTICAL AND SPACE ACTIVITIES FOR WELFARE AND SECURITY OF UNITED STATES.—Congress declares that the general welfare and security of the United States require that adequate provision be made for aeronautical and space activities. Congress further declares that such activities shall be the responsibility of, and shall be directed by, a civilian agency exercising control over aeronautical and space activities sponsored by the United States, except that activities peculiar to or primarily associated with the development of weapons systems, military operations, or the defense of the United States (including the research and development necessary to make effective provision for the defense of the United States) shall be the responsibility of, and shall be directed by, the Department of Defense; and that determination as to which agency has responsibility for and direction of any such activity shall be made by the President. (c) COMMERCIAL USE OF SPACE.—Congress declares that the general welfare of the United States requires that the Administration seek and encourage, to the maximum extent possible, the fullest commercial use of space. (d) OBJECTIVES OF AERONAUTICAL AND SPACE ACTIVITIES.—The aeronautical and space activities of the United States shall be conducted so as to contribute materially to one or 4

more of the following objectives: (1) The expansion of human knowledge of the Earth and of phenomena in the atmosphere and space. (2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and space vehicles. (3) The development and operation of vehicles capable of carrying instruments, equipment, supplies, and living organisms through space. (4) The establishment of long‐range studies of the potential benefits to be gained from, the

• pportunities for, and the problems involved in the utilization of aeronautical and space

activities for peaceful and scientific purposes. (5) The preservation of the role of the United States as a leader in aeronautical and space science and technology and in the application thereof to the conduct of peaceful activities within and outside the atmosphere. (6) The making available to agencies directly concerned with national defense of discoveries that have military value or significance, and the furnishing by such agencies, to the civilian agency established to direct and control nonmilitary aeronautical and space activities, of information as to discoveries which have value or significance to that agency. (7) Cooperation by the United States with other nations and groups of nations in work done pursuant to this chapter and in the peaceful application of the results thereof. (8) The most effective utilization of the scientific and engineering resources of the United States, with close cooperation among all interested agencies of the United States in order to avoid unnecessary duplication of effort, facilities, and equipment. (9) The preservation of the United States preeminent position in aeronautics and space through research and technology development related to associated manufacturing processes. 4

51 U.S.C. § 20113(c) provides for acquisition of real and other property for the Administration. NASA’s 10 centers—

• Ames: Aerosciences, Astrobiology and Life Science
• Armstrong (formerly Dryden): Atmospheric flight research
• JPL (*FFRDC): Robotic exploration of space; missions such as Mariner, Surveyor, Galileo,

Voyager, Mars Exploration Rovers, Cassini, Deep Impact, Spitzer, GRACE, and the Curiosity rover.

• Johnson: Home of the nation’s astronaut corps; International Space Station mission
• perations; Orion crew;
• Marshall: Design of rocket engines, launch vehicles including SLS.
• Glenn: aeronautics and communications systems, and advanced materials.
• Headquarters: Administration
• Goddard: Operational home of Hubble Space Telescope, as well as over 50 other

exploratory and research satellites.

• Langley: entry, descent and landing systems;
• Stennis: Propulsion system testing.
• Kennedy: Multi‐user spaceport; launch command and control; launch vehicle

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processing; payload processing (Space Station Processing Facility); spacecraft processing; exploration research and technology. 5

51 U.S.C. § 70502. Exploration plan and programs. “The Administrator shall construct an architecture and implementation plan for the Administration's human exploration program . . . .”

• Now Phase 0: Continue research and testing on ISS to solve exploration challenges.

Evaluate potential for lunar resources. Develop standards.

• 2020s Phase 1: Begin missions in cislunar space. Build Deep Space Gateway. Initiate

assembly of Deep Space Transport.

• After 2030 Phase 2: Complete Deep Space Transport and conduct yearlong Mars

simulation mission.

• Phases 3&4: begin sustained crew expeditions to Mars

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51 U.S.C. § 50501 “LAUNCH SUPPORT FACILITIES.—The term "launch support facilities" means facilities located at launch sites or launch ranges that are required to support launch activities, including launch vehicle assembly, launch vehicle operations and control, communications, flight safety functions, and payload operations, control, and processing.” 51 U.S.C. § 20113(k) CONCESSIONS FOR VISITORS' FACILITIES.— (1) IN GENERAL.—In the performance of its functions, the Administration is authorized to provide by concession, without regard to section 1302 of title 40, on such terms as the Administrator may deem to be appropriate and necessary to protect the concessioner against loss of the concessioner's investment in property (but not anticipated profits) resulting from the Administration's discretionary acts and decisions, for the construction, maintenance, and operation of all manner of facilities and equipment for visitors to the several installations of the Administration and, in connection therewith, to provide services incident to the dissemination of information concerning its activities to such visitors, without charge or with a reasonable charge therefor (with this authority being in addition to any other authority that the Administration may have to provide facilities, equipment, and services for visitors to its installations). 7

51 U.S.C. § 20113(c) PROPERTY.—In the performance of its functions, the Administration is authorized— to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair,

• perate, and maintain laboratories, research and testing sites and facilities, aeronautical and

space vehicles, quarters and related accommodations for employees and dependents of employees of the Administration, and such other real and personal property (including patents), or any interest therein, as the Administration deems necessary within and outside the continental United States.” 51 U.S.C. § 20113(f): “COOPERATION WITH FEDERAL AGENCIES AND OTHERS.—In the performance of its functions, the Administration is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equipment, and facilities. Each department and agency of the Federal Government shall cooperate fully with the Administration in making its services, equipment, personnel, and facilities available to the Administration . . . .” 7

STS‐125: April 18, 2009. Space shuttle Atlantis (left) was already on Pad 39A when its sister ship Endeavour arrived at 39B, 8,000 feet away. Because STS‐125 is not flying to the ISS, its crew does not have the added protection of taking safe haven on the station should Atlantis be damaged during flight. To offset that risk, NASA decided to ready a second shuttle on the second pad as a rescue ship, to launch as needed. But how did KSC transition from the Shuttle Era to Multiuser Spaceport? 51 U.S.C. § 20113(e): “CONTRACTS, LEASES, AND AGREEMENTS.—In the performance of its functions, the Administration is authorized, without regard to subsections (a) and (b) of section 3324 of title 31, to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work and on such terms as it may deem appropriate, with any agency or instrumentality of the United States, or with any State, territory, or possession, or with any political subdivision thereof,

• r with any person, firm, association, corporation, or educational institution.”

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• KSC was the premier launch complex for sending humans and payloads to space as a

single‐user launch complex.

• KSC would transform from a Government/program‐focused, single‐user launch complex

to a more capability‐centric and cost effective multi‐user spaceport.

• In 2010, the NASA Authorization Act of 2010, Pub. L. 111‐267, sec. 305 (Oct. 19, 2010)

identified KSC as a multiuser launch complex for government and commercial entities.

• SEC. 305. NASA LAUNCH SUPPORT AND INFRASTRUCTURE MODERNIZATION PROGRAM.

(a) IN GENERAL.—The Administrator shall carry out a program the primary purpose of which is to prepare infrastructure at the Kennedy Space Center that is needed to enable processing and launch of the Space Launch System. Vehicle interfaces and other ground processing and payload integration areas should be simplified to minimize overall costs, enhance safety, and complement the purpose of this section. (b) ELEMENTS.—The program required by this section shall include— (1) investments to improve civil and national security operations at the Kennedy Space Center, to enhance the overall capabilities of the Center, and to reduce the long term cost

• f operations and maintenance;

(2) measures to provide multi‐vehicle support, improvements in payload processing, and partnering at the Kennedy Space Center; . . . . 9

Working on sending people to space from United States soil. Commercial Crew Development Program: Pub. L. 111–267, tit. V (Oct. 11, 2010)—

• CCP: Boeing with the CST‐100 Starliner
• CCP: SpaceX with Crew Dragon

Space Launch System: 51 U.S.C. Chap. 700—

• NASA’s SLS/Orion: Lockheed Martin is the prime contractor building the Orion multi‐

purpose crew vehicle. Commercial partners under “other transaction” authority of 51 U.S.C. § 20103(e):

• Blue Origin‐New Shepard will provide the public commercial opportunities for space

flight.

• Boeing and SpaceX plan for public commercial opportunities for space flight.

Space Florida also has a role as a State of Florida government body whose purpose is to attract and promote spec commerce in Florida. See Fl. Stat. tit. XXV, ch. 331, pt. 2 (Fl. Stat. §§ 331.301 et seq.). 10

90+ active commercial agreements 11

KSC Programs and Projects: Programs:

• EGS: infrastructure, systems and operatios for the next generation of rockets and

spacecraft.

• LSP: works with Expendable Launch Vehicles and acts as a broker to match the payload

with a specific rocket

• CCP: returning human spaceflight launches to U.S. soil by partnering with Boeing and

SpaceX to carry astronauts to station while enabling other American aerospace companies like Blue Origin and Sierra Nevada Corp.

• ERT the Innovative Partnerships Office actively promotes partnerships between industry,

academia and other government agencies to work cooperatively with KSC researchers to develop products and technology. 12

• Pub. L. 115‐10, § 421 (Mar. 21, 2017):

“(c) Sense of Congress on Space Launch System, Orion, and Exploration Ground Systems.— It is the sense of Congress that— (1) as the United States works to send humans on a series of missions to Mars in the 2030s, the United States national space program should continue to make progress on its commitment by fully developing the Space Launch System, Orion, and related Exploration Ground Systems.” EGS Recent Accomplishments:

• Top Left – Underway Recovery Test 6 for EM‐1 (January 2018)
• Top Right – Video of Wet Flow Test at Launch Pad 39B – continuously loops [0:22]

(December 2017) WATER TOWER

• Bottom Left – Video of Crew Access Arm being installed on Mobile Launcher –

continuously loops [0:20] (February 2018)

• Bottom Right – Practice Stacking of Solid Rocket Boosters for SLS (January 2018)

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This view from below in High Bay 3 shows the work platforms installed for NASA’s Space Launch System (SLS) rocket. Ten levels of adjustable work platforms will surround and provide access to the SLS rocket and Orion spacecraft for Exploration Mission 1. 14

Upgrading Launch Complex 39B to support the larger SLS rocket. ‐ Replaced more than 1,000 bricks in the flame trench. ‐ The new Main Flame Deflector will be completed early this year. ‐ $25 million contract award was subject to post‐award bid protest to the Government Accountability Office (GAO), pursuant to 4 CFR Part 21. 15

Lockheed Martin technicians test the fitting of the Orion spacecraft's heat shield back shell panels inside the Neil Armstrong Operations and Checkout Building high bay. The back shell panels serve as the outer layer of the spacecraft and will protect it against the extreme temperatures of re‐entry from deep space. Orion is being prepared for its first integrated uncrewed flight atop NASA's Space Launch System rocket on Exploration Mission‐1 from Launch Pad 39B…targeted for 2020. 16

The Launch Services Program is celebrating 20 years of launching NASA’s scientific payloads, such as the Curiosity Rover and Juno. Last year, LSP had five missions launching within five months on five different rocket configurations from five launch sites. 17

51 U.S.C. § 20142: Contracts regarding expendable launch vehicles LSP Mission:

• GOES‐S launched in March from Cape Canaveral Air Force Station (CCAFS) Space Launch

Complex (SLC) 41. It is the second satellite in a series of next‐generation NOAA Geostationary Operational Environmental Satellites, which also includes GOES‐R, T, and U.

• TESS (Transiting Exoplanet Survey Satellite) is an all‐sky survey mission that will discover

thousands of exoplanets around nearby bright stars. It launched in April on a Falcon 9 from CCAFS SLC 40.

• InSight (Interior Exploration using Seismic Investigations, Geodesy and Heat

Transport), will be the first mission to explore Mars' deep interior. InSight launched in May on an Atlas V 401 from SLC‐3E at Vandenberg Air Force Base (VAFB) in California.

• Parker Solar Probe will swoop to within 4 million miles of the sun's surface, facing heat

and radiation like no spacecraft before it. Parker launched on a Delta IV Heavy at 3:30am in August from SLC‐37 at CCAFS.

• IceSat‐2, Ice, Cloud and Land Elevation Satellite‐2, will measure the height of a

changing Earth – one laser pulse at a time, 10,000 laser pulses a second. IceSate‐2 will be the last launch of a Delta II rocket, which served as the workhorse for generations. It launch in September from SLC‐2W at VAFB. 18

• Pub. L. 111–267, tit. V (Oct. 11, 2010).

Through Commercial Crew Program (CCP), based primarily at Kennedy, partners Boeing and SpaceX are developing safe, reliable and cost‐effective access to and from low‐Earth orbit with American‐built spacecraft systems. Two uncrewed demonstration flight tests, known as Demonstration Mission 1 for SpaceX and Orbital Flight Test for Boeing are scheduled for late winter or spring of 2019. After the uncrewed flight tests to the International Space Station, both companies will launch test flights with astronauts, prior to being certified by NASA for crew rotation missions – Boeing’s Crewed Test Flight and SpaceX’s Demonstration Mission 2 are scheduled for later in 2019. 19

Commercial Space Launch Act: 51 U.S.C. § 50913: Acquiring United States Government property and services (a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—(1) The Secretary of Transportation shall facilitate and encourage the acquisition by the private sector and State governments of— (A) launch or reentry property of the United States Government that is excess or

• therwise is not needed for public use; and

(B) launch services and reentry services, including utilities, of the Government

• therwise not

needed for public use. Boeing has leased the revitalized Commercial Crew and Cargo Processing Facility, or C3PF. NASA used the facility for 20 years as a shuttle processing hangar and for the extensive prep and testing of the space shuttle main engines in the engine shop. The facility now serves as the manufacturing and processing facility for Boeing’s CST‐100 Starliner spacecraft and service modules. 20

Commercial Space Launch Act: 51 U.S.C. § 50913 SpaceX modified Launch Complex 39A to meet the needs of the Falcon 9 and Falcon Heavy rockets. This is the historic launch pad which was used to launch astronauts to the moon (Apollo) and served as one of two launch pads for the 135 Space Shuttle missions. The company signed a 20‐year property agreement with NASA for use of the pad. 21

51 U.S.C. § 70506. Exploration technology research “The Administrator shall carry out a program of long‐term exploration‐related technology research and development, including such things as in‐space propulsion, power systems, life support, and advanced avionics, that is not tied to specific flight projects.” Exploration Research and Technology Programs Key Center roles (does not include all roles):

• Lead roles: Space systems development and operations
• International Space Station utilization
• Space Station Processing Facility:
• payload processing for science experiments processing
• Plant research and food production; habitation solicitations; 3‐D additive

manufacturing; cryogenics 22

Federal Partners: 51 U.S.C. § 20113(f)

• Merritt Island National Wildlife Refuge – U.S. Fish and Wildlife Service
• Canaveral National Seashore – U.S. Park Service
• Cape Canaveral Air Force Station – U.S. Air Force
• Federal Aviation Administration

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• Procurement – Federal Acquisition Regulation.
• Agreements – “Other transaction” authority (51 U.S.C. § 20113(e)).
• Real Property – Property transactions authority (51 U.S.C. § 20113(c)) and Enhanced Use

Lease authority (51 U.S.C. § 20145).

• Personal Property ‐ Property transactions authority (51 U.S.C. § 20113(c)).
• Information Practices – Freedom of Information Act (5 U.S.C. § 552a; 14 C.F.R. Part

1213).

• Intellectual Property ‐ Commercial technology transfer program (51 U.S.C. § 50116).
• Ethics – 18 U.S.C. §§ 201‐209; 5 C.F.R Part 2635 (“Standards of Ethical Conduct for

Employees of the Executive Branch”).

• Administrative Law – 5 U.S.C.
• Personnel Law – Merit System Principles (5 U.S.C. § 2301); Prohibited Personnel

Practices (5 U.S.C. § 2302).

• Labor Relations – Federal Sector Labor Relations (5 U.S.C. Ch. 71)
• Federal Tort Claims – Federal Tort Claims Act (FTCA) (28 U.S.C. § 2671, et seq.); Military

Personnel and Civilian Employees' Claims Act (MPCECA) (31 U.S.C. § 3721).

• Export Control – 51 U.S.C. § 30701(a)(3).
• Environmental – 16 U.S.C. & 40 U.S.C.
• Fiscal Law – 31 U.S.C. generally; Antideficiency Act (31 U.S.C. § 1341 & 1342)
• Law Enforcement – 51 U.S.C. §§ 20133 & 20134.

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• Space Law – 51 U.S.C.

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Kennedy Legal Team, To all of you who keep us within the bounds of the Law so that we may travel beyond the bounds of Earth . . . Thank you for your Stellar service! Godspeed, Randy ‘Komrade’ Bresnick Colonol, USMC Ret. CDR ISS Exp 53 STS‐129 26

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