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

Intersector Guidelines

The following paragraphs identify priority intersector guidance to support major United States space policy objectives.

(1) International Cooperation
The United States will pursue and conduct international cooperative space-related activities that achieve scientific, foreign policy, economic, or national security benefits for the nation. International agreements related to space activities shall be subject to normal interagency coordination procedures, consistent with applicable laws and regulations. United States cooperation in international civil space activities will:
(a) Promote equitable cost-sharing and yield benefits to the United States by increasing access to foreign scientific and technological data and expertise and foreign research and development facilities;
(b) Enhance relations with U.S. allies and Russia while supporting initiatives with other states of the former Soviet Union and emerging spacefaring nations;
(c) Support U.S. technology transfer and nonproliferation objectives;
(d) Create new opportunities for U.S. commercial space activities; and
(e) Protect the commercial value of intellectual property developed with Federal support and ensure that technology transfer resulting from cooperation do not undermine U.S. competitiveness and national security.
(f) In support of these objectives:
(i) NASA and the Department of State will negotiate changes in the existing legal framework for International Space Station cooperation to include Russia in the program along with the United States, Europe, Japan, and Canada; and
(ii) NASA, in coordination with concerned U.S. Government agencies, will explore with foreign space agencies and international organizations the possible adoption of international standards for the interoperability of civil research spacecraft communication and control facilities.
(2) Space Transportation
(a) Assuring reliable and affordable access to space through U.S. space transportation capabilities is fundamental to achieving national space policy goals. Therefore, the United States will:
(i) Balance efforts to modernize existing space transportation capabilities with the need to invest in the development of improved future capabilities;
(ii) Maintain a strong transportation capability and technology base to meet national needs for space transport of personnel and payloads;
(iii) Promote reduction in the cost of current space transportation systems while improving their reliability, operability, responsiveness, and safety;
(iv) Foster technology development and demonstration to support a future decision on the development of next generation reusable space transportation systems that greatly reduce the cost of access to space;
(v) Encourage, to the fullest extent feasible, the cost-effective use of commercially provided U.S. products and services that meet mission requirements; and
(vi) Foster the international competitiveness of the U.S. commercial space transportation industry, actively considering commercial needs and factoring them into decisions on improvements to launch facilities and vehicles.
(b) The Department of Transportation (DoT) is the lead agency within the Federal government for regulatory guidance pertaining to commercial space transportation activities, as set forth in 49 U.S.C. §701, et seq., and Executive Order 12465. The U.S. Government encourages and will facilitate U.S. private sector and state and local government space launch and recovery activities.
(c) All activities related to space transportation undertaken by U.S. agencies and departments will be consistent with PDD/NSTC-4.
(3) Space-based Earth Observation
(a) The United States requires a continuing capability for space-based Earth observation to provide information useful for protecting public health, safety, and national security. Such a capability contributes to economic growth and stimulates educational, scientific and technological advancement. The U.S. Government will:
(i) Continue to develop and operate space-based Earth observing systems, including satellites, instruments, data management and dissemination activities;
(ii) Continue research and development of advanced space-based Earth observation technologies to improve the quality and reduce the costs of Earth observations;
(iii) Support the development of U.S. commercial Earth observation capabilities by:
- pursuing technology development programs, including partnerships with industry;
- licensing the operation and, as appropriate, the export of private Earth observation systems and technologies, consistent with existing policy;
- providing U.S. Government civil data to commercial firms on a non-discriminatory basis to foster the growth of the "value-added" data enhancement industry; and
- making use, as appropriate, of relevant private sector capabilities, data, and information products in implementing this policy.
(iv) Produce and archive long-term environmental data sets.
(b) The U.S. Government will continue to use Earth observation systems to collect environmental data and provide all U.S. Government civil environmental data and data products consistent with OMB Circular A-130, applicable statute and guidelines contained in this directive.
(c) The U.S. Government will seek mutually beneficial cooperation with U.S. commercial and other national and international Earth observation system developers and operators, to:
(i) define an integrated global observing strategy for civil applications;
(ii) develop U.S. Government civil Earth observing systems in coordination with other national and international systems to ensure the efficient collection and dissemination of the widest possible set of environmental measurements;
(iii) obtain Earth observation data from non-U.S. sources, and seek to make such data available to users consistent with OMB Circular A-130, national security requirements, and commercial sector guidance contained in the national space policy; and
(iv) support, as appropriate, the public, non-discriminatory direct read-out of data from Federal civil systems.
(d) The U.S. Government space sectors will coordinate, and where feasible, seek to consolidate Earth observation activities to reduce overlaps in development, measurements, information processing, and archiving where cost-effective and consistent with U.S. space goals.
(i) In accordance with PDD/NSTC-2, DoC/NOAA, DoD, and NASA shall establish a single, converged, National Polar-Orbiting Environmental Satellite System (NPOESS) to satisfy civil and national security requirements.
(ii) NASA, DoC/NOAA, DoD, the Intelligence Community, and DoE shall work together to identify, develop, demonstrate, and transition advanced technologies to U.S. Earth observation satellite systems.
(iii) In accordance with PDD/NSTC-3, NASA, DoC/NOAA, and DoI/USGS shall develop and operate an ongoing program to measure the Earth's land surface from space and ensure the continuity of the Landsat-type data set.
(iv) Consistent with national security, the U.S. Government space sectors shall continue to identify national security products and services that can contribute to global change research and civil environmental monitoring, and seek to make technology, products and services available to civil agencies for such uses. Both unclassified and, as appropriate, classified data from national security programs will be provided through established mechanisms.
(4) Nonproliferation, Export Controls, and Technology Transfer
(a) The MTCR Guidelines are not designed to impede national space programs or international cooperation in such programs as long as such programs could not contribute to delivery systems for weapons of mass destruction. Consistent with U.S. nonproliferation policy, the United States will continue to oppose missile programs of proliferation concern, and will exercise particular restraint in missile-related cooperation. The United States will continue to retain a strong presumption of denial against exports of complete space launch vehicles or other MTCR Category I components.
(b) The United States will maintain its general policy of not supporting the development or acquisition of space launch vehicle systems in non-MTCR states.
(c) For MTCR countries we will not encourage new space launch vehicle programs which raise questions from a proliferation and economic standpoint. The United States will, however, consider exports of MTCR-controlled items to MTCR countries. Additional safeguard measures could also be considered for such exports, where appropriate. Any exports would remain subject to the non-transfer provisions of the INF and START treaties.
(d) The United States will work to stem the flow of advanced space technology to unauthorized destinations. Executive departments and agencies will be fully responsible for protecting against adverse technology transfer in the conduct of their programs.
(e) In entering into space-related technology development and transfer agreements with other countries, Executive Departments and Agencies will take into consideration whether such countries practice and encourage free and fair trade in commercial space activities.
(5) Arms Control
The United States will consider and, as appropriate, formulate policy positions on arms control and related measures governing activities in space, and will conclude agreements on such measures only if they are equitable, effectively verifiable, and enhance the security of the United States and our allies. The Arms Control and Disarmament Agency (ACDA) is the principal agency within the Federal government for arms control matters. ACDA, in coordination with the DoD, DCI, State, DoE, and other appropriate Federal agencies, will identify arms control issues and opportunities related to space activities and examine concepts for measures that support national security objectives.
(6) Space Nuclear Power
The Department of Energy will maintain the necessary capability to support space missions which may require the use of space nuclear power systems. U.S. Government agency proposals for international cooperation involving space nuclear power systems are subject to normal interagency review procedures. Space nuclear reactors will not be used in Earth orbit without specific approval by the President or his designee. Such requests for approval will take into account public safety, economic considerations, international treaty obligations, and U.S. national security and foreign policy interests. The Office of Science and Technology Policy, in coordination with the NSC staff, will examine the existing approval process, including measures to address possible commercial use of space nuclear systems.
(7) Space Debris
(a) The United States will seek to minimize the creation of space debris. NASA, the Intelligence Community, and the DoD, in cooperation with the private sector, will develop design guidelines for future government procurements of spacecraft, launch vehicles, and services. The design and operation of space tests, experiments and systems, will minimize or reduce accumulation of space debris consistent with mission requirements and cost effectiveness.
(b) It is in the interest of the U.S. Government to ensure that space debris minimization practices are applied by other spacefaring nations and international organizations. The U.S. Government will take a leadership role in international fora to adopt policies and practices aimed at debris minimization and will cooperate internationally in the exchange of information on debris research and the identification of debris mitigation options.
(8) Government Pricing
The price charged for the use of U.S. Government facilities, equipment, and service, will be based on the following principles:
(a) Prices charged to U.S. private sector, state and local government space activities for the use of U.S. Government facilities, equipment, and services will be based on costs consistent with Federal guidelines, applicable statutes and the commercial guidelines contained within the policy. The U.S. Government will not seek to recover design and development costs or investments associated with any existing facilities or new facilities required to meet U.S. Government needs and to which the U.S. Government retains title.
(b) Consistent with mission requirements, NASA and DoD will seek to use consistent pricing practices for facilities, equipment, and services.
(c) Tooling, equipment, and residual hardware on hand at the completion of U.S. Government programs will be priced and disposed of on a basis that is in the best overall interest of the United States while not precluding or deterring the continuing development of the U.S. commercial space sector.

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