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(1)
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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:
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(a)
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The payload supports the sponsoring agency's
mission.
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(b)
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The use of excess ballistic missile assets
is consistent with international obligations, including the MTCR guidelines
and the START agreements.
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(c)
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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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