Space Law TOP
Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

VII. Use of U.S. Excess Ballistic Missile Assets


U.S. excess ballistic missile assets that will be eliminated under the START agreements shall either be retained for government use or be destroyed. These assets may be used within the U.S. Government in accordance with established DoD procedures, for any purpose except to launch payloads into orbit. Requests from within the Department of Defense or from other U.S. Government agencies to use these assets for launching payloads into orbit will be considered by the DoD on a case-by-case basis and require approval by the Secretary of Defense.
Mindful of the policy's guidance that U.S. Government agencies shall purchase commercially available U.S. space transportation products and services to the fullest extent feasible, use of excess ballistic missile assets may be permitted for launching payloads into orbit when the following conditions are met:


The payload supports the sponsoring agency's mission.


The use of excess ballistic missile assets is consistent with international obligations, including the MTCR guidelines and the START agreements.


The sponsoring agency must certify the use of excess ballistic missile assets results in a cost savings to the U.S. Government relative to the use of available commercial launch services that would also meet mission requirements, including performance, schedule, and risk.

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