Accelerated Acquisitions in the Present-Day Space Age

On June 18, 2018, President Trump declared the creation of the United States Space Force, and on December 20, 2019, the Space Force was signed into being as a service within the United States Air Force. (About Space Force, U.S. Space Force), (Pawlyk, Military.com). The nascent military branch has a singular purpose: to “compete, deter, and win in the space domain.” (Alternative Acquisition System for the United States Space Force Report to Congressional Committees, hereinafter, “Report to Congress, Department of the Air Force”). For the Space Force to meet its purpose, a dated defense acquisition system would need to be reborn, as both more agile and lean, so that the nation’s newest military branch could “rapidly field space capabilities in response to emerging threats.” Id.

Prior to the establishment of the Space Force, the Air Force Space Command was the primary command for U.S. military space operations and capabilities. (Air Force Space Command, U.S. Space Force). Under the Air Force, space dominance was considered secondary to the overall Air Force mission of air superiority, and space operations lacked appropriate manpower and a sufficient budget. (Erwin, SpaceNews). According to the Report to Congress, space-based acquisitions take “too long to develop and deploy [and] cost more than expected.” (Report to Congress, Department of the Air Force). These space-focused programs are extremely complex; they require a great deal of attention and have to keep up with the pace of technology. Therefore, the creation of an agile acquisitions system is necessary to give the U.S. military a technical edge over other space powers.

Congress’ National Defense Authorization Act (NDAA) for Fiscal Year 2020 directed the Air Force to propose a space-tailored acquisitions plan, specifying the need for fast procurement and rapid fielding of space systems. (Report to Congress, Department of the Air Force). The Air Force’s proposal for the Space Force’s acquisition system, the Alternative Space Acquisition System, is built upon both precedent and innovation. Id.

To achieve faster acquisitions and fielding of critical systems, the Air Force put forth nine “features”: three requiring statutory change and six building from an existing policy framework. (Report to Congress, Department of the Air Force). The nine features are summarized below, as follows:

1.     Delegate decision authority to a lower level so that program decision-making can be accelerated. By changing certain existing acquisition definitions to be space-specific, acquisition decisions would no longer require review from the highest echelons of the Department of Defense (DoD).

2.     Incrementally fund programs to procure space systems and space services to avoid full-year funding issues like “production breaks, obsolescence, and industrial base impacts.”

3.     Reduce lag-time in bureaucracy to allow “new start” programs to be approved even though a continuing resolution when Congress has not passed the NDAA.

4.     Consolidate budget line items, which the Air Force designates as the single most important feature in the Report to Congress.

5.     Alter Pentagon reviews so that approvals are focused on over-arching requirements, as opposed to minutia, which will be delegated to the Chief of Space Operations.

6.     Tailor reporting requirements for space-specific programs by minimizing the number of predefined requirements in the budget and timeline.

7.     Leverage commercial opportunities and partnerships to deliver government programs.

8.     Create a separate budgetary portfolio for the Space Force.

9.     Create a specific Space Force head of contracting to give more contracting control and decision making to the branch.

There are certainly critics of the proposal who say that the DoD “is asking Congress to cut legislative strings and approve special powers” and that simply speeding up the acquisitions process will not fix poor program management – a contributing factor to cost overruns. (Hitchens, Breaking Defense). A serious concern is that some proposed changes could infringe upon Congress’ powers. Id. The third feature redefines certain DoD notifications to Congress and would allow the Space Force to start specific programs when Congress is operating under a continuing resolution. (Report to Congress, Department of the Air Force). After the Space Force notifies Congress if Congress does not respond within 30 days, "no-reply” will signify consent to the new start. Id. This would appear to circumvent the appropriations process, and Congress is unlikely to abrogate any of its powers.

However, the suggested changes are a response to Congress’ specific request for a new space-tailored acquisitions system and at this time, the proposal is just that – a proposal. Each military service is required to organize, train, and equip its professionals so that they may accomplish their unique mission. It only makes sense that the Space Force wants an acquisitions model customized with its unique requirements and lessons learned from decades of experience from other services. Certain space programs developed under the Air Force’s regime, like the Space-Based Infrared System, or SBIRS, “has become a poster child for military acquisitions that cost too much and take too long to produce.” (Erwin, SpaceNews).

 

One of the most exciting proponents of the Alternative Space Acquisition System is the seventh feature, which promotes commercial partnerships and funding flexibility. (Report to Congress, Department of the Air Force). The Report to Congress specifies this shift in the industry can "deliver government- [sic] developed payloads for hosting within commercially developed mega-constellations in Low Earth Orbit.” Id. The government feels comfortable relying on commercial space systems, and thanks to companies like Elon Musk’s SpaceX and Jeff Bezos’ Blue Origin, there are cheaper and faster options for the provision of space transportation.

Without the Alternative Space Acquisition System, the Space Force would be left with slow processes and an insufficient budget. While some people may be uncomfortable with certain features because they are unprecedented, the proposal is at least opening the door for conversation. The creation of the Space Force is an exciting time in the modern Space Age where the U.S. has the tools to maintain its status as a space-power and can ensure its processes are sustainable for the rapid evolution of technology and need for space-based capabilities.

Lauren Colantonio

Lauren is a 2L law student at the University of Denver and a student contributor for the Air & Space Law Blog

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