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

Inter-Sector Guidelines

The following paragraphs identify selected, high priority cross-sector efforts and responsibilities to implement plans supporting major United States space policy objectives:

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Space Transportation Guidelines.

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The United States national space transportation capability will be based on a mix of vehicles, consisting of the Space Transportation System (STS), unmanned launch vehicles (ULVs), and in-space transportation systems. The elements of this mix will be defined to support the mission needs of national security and civil government sectors of United States space activities in the most cost effective manner.

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As determined by specific mission requirements, national security space sector will use the STS and ULVs. In coordination with NASA, the DOD will assure the Shuttle's utility to national defense and will integrate missions into the Shuttle system. Launch priority will be provided for national security missions as implemented by NASA-DOD agreements. Launches necessary to preserve and protect human life in space shall have the highest priority except in times of national security emergency.

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The STS will continue to be managed and operated in an institutional arrangement consistent with the current NASA/DOD Memorandum of Understanding. Responsibility will remain in NASA for operational control of the STS for civil missions, and in the DOD for operational control of the STS for national security missions. Mission management is the responsibility of the mission agency.

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United States commercial launch operations are an integral element of a robust national space launch capability. NASA will not maintain an expendable launch vehicle (ELV) adjunct to the STS. NASA will provide launch services for commercial and foreign payloads only where those payloads must be man-tended, require the unique capabilities of the STS, or it is determined that launching the payloads on the STS is important for national security or foreign policy purposes. Commercial and foreign payloads will not be launched on government owned or operated ELV systems except for national security or foreign policy reasons.

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Civil Government agencies will encourage, to the maximum extent feasible, a domestic commercial launch industry by contracting for necessary ELV launch services directly from the private sector or with DOD.

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NASA and the DOD will continue to cooperate in the development and use of military and civil space transportation systems and avoid unnecessary duplication of activities. They will pursue new launch and launch support concepts aimed at improving cost-effectiveness, responsiveness, capability, reliability, availability, maintainability, and flexibility. Such cooperation between the national security and civil sectors will ensure efficient and effective use of national resources.

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Guidelines for the Federal Encouragement of Commercial Unmanned Launch Vehicles (ULVs):

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The United States Government fully endorses and will facilitate the commercialization of United States unmanned launch vehicles (ULVs).

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The Department of Transportation (DOT) is the lead agency within the Federal Government for developing, coordinating, and articulating Federal policy and regulatory guidance pertaining to United States commercial launch activities in consultation with DOD, State, NASA, and other concerned agencies. All Executive departments and agencies shall assist the DOT in carrying out its responsibilities, as set forth in the Commercial Space Launch Act and Executive Order 12465.

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The United States Government encourages the use of its launch and launch-related facilities for United States commercial launch operations.

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The United States Government will have priority use of government facilities and support services to meet national security and critical mission requirements. The United States Government will make all reasonable efforts to minimize impacts on commercial operations.

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The United States Government will not subsidize the commercialization of ULVs, but will price the use of its facilities, equipment, and services with the goal of encouraging viable commercial ULV activities in accordance with the Commercial Space Launch Act.

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The United States Government will encourage free market competition within the United States private sector. The United States Government will provide equitable treatment for all commercial launch operators for the sale or lease of Government equipment and facilities consistent with its economic, foreign policy, and national security interests.

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NASA and DOD, for those unclassified and releasable capabilities for which they have responsibility, shall, to the maximum extent feasible:

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Use best efforts to provide commercial launch firms with access, on a reimbursable basis, to national launch and launch-related facilities, equipment, tooling, and services to support commercial launch operations;

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Develop, in consultation with the DOT, contractual arrangements covering access by commercial launch firms to national launch and launch-related property and services they request in support of their operations;

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Provide technical advice and assistance to commercial launch firms on a reimbursable basis, consistent with the pricing guidelines herein; and

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Conduct, in coordination with DOT, appropriate environmental analyses necessary to ensure that commercial launch operations conducted at Federal launch facilities are in compliance with the National Environmental Policy Act.

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Government ULV Pricing Guidelines. The price charged for the use of United States Government facilities, equipment, and service, will be based on the following principles:

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Price all services (including those associated with production and launch of commercial ULVs) based on the direct costs incurred by the United States Government. Reimbursement shall be credited to the appropriation from which the cost of providing such property or service was paid.

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The United States Government will not seek to recover ULV design and development costs or investments associated with any existing facilities or new facilities required to meet United States Government needs to which the U.S. Government retains title;

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Tooling, equipment, and residual ULV hardware on hand at the completion of the United States Government's program will be priced on a basis that is in the best overall interest of the United States Government, taking into consideration that these sales will not constitute a subsidy to the private sector operator.

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Commercial Launch Firm Requirements. Commercial launch firms shall:

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Maintain all facilities and equipment leased from the United States Government to a level of readiness and repair specified by the United States Government;

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ULV operators shall comply with all requirements of the Commercial Space Launch Act, all regulations issued under the Act, and all terms, conditions or restrictions of any license issued or transferred by the Secretary of Transportation under the Act.

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Technology Transfer Guidelines.

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The United States will work to stem the flow of advanced western 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.

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Sales of United States space hardware, software, and related technologies for use in foreign space projects will be consistent with relevant international and bilateral agreements and arrangements.

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Space Infrastructure. All Sectors shall recognize the importance of appropriate investments in the facilities and human resources necessary to support United States space objectives and maintain investments that are consistent with such objectives. The National Space Council will conduct a feasibility study of alternate methods for encouraging private sector investment, including capital funding, of United States space infrastructure such as ground facilities, launcher developments, and orbital assembly and test facilities.

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The primary forum for negotiations on nuclear and space arms is the Nuclear and Space Talks (NST) with the Soviet Union in Geneva. The instructions to the United States Delegation will be consistent with this National Space Policy directive, established legal obligations, and additional guidance by the President. The United States will continue to consult with its Allies on these negotiations and ensure that any resulting agreements enhance the security of the United States and its Allies. Any discussions on arms control relating to activities in space in forums other than NST must be consistent with, and subordinate to, the foregoing activities and objectives.



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