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Fact Sheet, National Space Policy
THE WHITE HOUSE National Science and Technology Council
September 19, 1996
FACT SHEET NATIONAL SPACE POLICY
Introduction
(1) For over three decades, the United States has led the world in
the exploration and use of outer space. Our achievements in space have
inspired a generation of Americans and people throughout the world. We
will maintain this leadership role by supporting a strong, stable and
balanced national space program that serves our goals in national
security, foreign policy, economic growth, environmental stewardship and
scientific and technical excellence. Access to and use of space is
central for preserving peace and protecting U.S. national security as
well as civil and commercial interests. The United States will pursue
greater levels of partnership and cooperation in national and
international space activities and work with other nations to ensure the
continued exploration and use of outer space for peaceful purposes.
(2) The goals of the U.S. space program are to:
(a) Enhance knowledge of the Earth, the solar system and the
universe through human and robotic exploration;
(b) Strengthen and maintain the national security of the United
States;
(c) Enhance the economic competitiveness, and scientific and
technical capabilities of the United States;
(d) Encourage State, local and private sector investment in, and
use of, space technologies;
(e) Promote international cooperation to further U.S. domestic,
national security, and foreign policies.
(3) The United States is committed to the exploration and
use of outer space by all nations for peaceful purposes and for the
benefit of all humanity. "Peaceful purposes" allow defense and
intelligence-related activities in pursuit of national security and
other goals. The United States rejects any claims to sovereignty by any
nation over outer space or celestial bodies, or any portion thereof, and
rejects any limitations on the fundamental right of sovereign nations to
acquire data from space. The United States considers the space systems
of any nation to be national property with the right of passage through
and operations in space without interference. Purposeful interference
with space systems shall be viewed as an infringement on sovereign
rights.
(4) The U.S. Government will maintain and coordinate separate
national security and civil space systems where differing needs dictate.
All actions undertaken by agencies and departments in implementing the
national space policy shall be consistent with U.S. law, regulations,
national security requirements, foreign policy, international
obligations and nonproliferation policy.
(5) The National Science and Technology Council (NSTC) is the
principal forum for resolving issues related to national space policy.
As appropriate, the NSTC and NSC will co-chair policy processes. This
policy will be implemented within the overall resource and policy
guidance provided by the President.
Civil Space Guidelines
(1) The National Aeronautics and Space Administration is the lead
agency for research and development in civil space activities.
(2) NASA, in coordination with other departments and agencies as
appropriate, will focus its research and development efforts in: space
science to enhance knowledge of the solar system, the universe, and
fundamental natural and physical sciences; Earth observation to better
understand global change and the effect of natural and human influences
on the environment; human space flight to conduct scientific,
commercial, and exploration activities; and space technologies and
applications to develop new technologies in support of U.S. Government
needs and our economic competitiveness.
(3) To enable these activities, NASA will:
(a) Develop and operate the International Space Station to support
activities requiring the unique attributes of humans in space and
establish a permanent human presence in Earth orbit. The International
Space Station will support future decisions on the feasibility and
desirability of conducting further human exploration activities.
(b) Work with the private sector to develop flight demonstrators
that will support a decision by the end of the decade on development
of a next-generation reusable launch system.
(c) Continue a strong commitment to space science and Earth science
programs. NASA will undertake:
(i) a sustained program to support a robotic presence on the
surface of Mars by year 2000 for the purposes of scientific
research, exploration and technology development;
(ii) a long-term program, using innovative new technologies, to
obtain in-situ measurements and sample returns from the celestial
bodies in the solar system;.
(iii) a long-term program to identify and characterize planetary
bodies in orbit around other stars;
(iv) a program of long-term observation, research, and analysis
of the Earth's land, oceans, atmosphere and their interactions,
including continual measurements from the Earth Observing System by
1998.
(d) In carrying out these activities, NASA will develop new and
innovative space technologies and smaller more capable spacecraft to
improve the performance and lower the cost of future space missions.
(4) In the conduct of these research and development programs, NASA
will:
(a) Ensure safety on all space flight missions involving the Space
Shuttle and the International Space Station.
(b) Emphasize flight programs that reduce mission costs and
development times by implementing innovative procurement practices,
validating new technologies and promoting partnerships between
government, industry, and academia.
(c) Acquire spacecraft from the private sector unless, as
determined by the NASA Administrator, development requires the unique
technical capabilities of a NASA center.
(d) Make use of relevant private sector remote sensing
capabilities, data, and information products and establish a
demonstration program to purchase data products from the U.S. private
sector.
(e) Use competition and peer review to select scientific
investigators.
(f) Seek to privatize or commercialize its space communications
operations no later than 2005.
(g) Examine with DoD, NOAA and other appropriate federal agencies,
the feasibility of consolidating ground facilities and data
communications systems that cannot otherwise be provided by the
private sector.
(5) The Department of Commerce (DoC), through the National Oceanic
and Atmospheric Administration (NOAA), has the lead responsibility for
managing Federal space-based civil operational Earth observations
necessary to meet civil requirements. In this role, the DoC, in
coordination with other appropriate agencies, will:
(a) acquire data, conduct research and analyses, and make required
predictions about the Earth's environment;
(b) consolidate operational U.S. Government civil requirements for
data products, and define and operate Earth observation systems in
support of operational monitoring needs; and
(c) in accordance with current policy and Public Law 102-555
provide for the regulation and licensing of the operation of private
sector remote sensing systems.
(6) The Department of the Interior, through the U.S. Geological
Survey (USGS), will maintain a national archive of land remote sensing
data and other surface data as appropriate, making such data available
to U.S. Government and other users.
(7) The Department of Energy will maintain the necessary capability
to support civil space missions, including research on space energy
technologies and space radiation effects and safety.
National Security Space Guidelines
(1) The United States will conduct those space activities necessary
for national security. These activities will be overseen by the
Secretary of Defense and the Director of Central Intelligence (DCI)
consistent with their respective responsibilities as set forth in the
National Security Act of 1947, as amended, other applicable law, and
Executive Order 12333. Other departments and agencies will assist as
appropriate.
(2) Improving our ability to support military operations worldwide,
monitor and respond to strategic military threats, and monitor arms
control and non-proliferation agreements and activities are key
priorities for national security space activities. The Secretary of
Defense and DCI shall ensure that defense and intelligence space
activities are closely coordinated; that space architectures are
integrated to the maximum extent feasible; and will continue to
modernize and improve their respective activities to collect against,
and respond to, changing threats, environments and adversaries.
(3) National security space activities shall contribute to U.S.
national security by:
(a) providing support for the United States' inherent right of
self-defense and our defense commitments to allies and friends;
(b) deterring, warning, and if necessary, defending against enemy
attack;
(c) assuring that hostile forces cannot prevent our own use of
space;
(d) countering, if necessary, space systems and services used for
hostile purposes;
(e) enhancing operations of U.S. and allied forces;
(f) ensuring our ability to conduct military and intelligence
space-related activities;
(g) satisfying military and intelligence requirements during peace
and crisis as well as through all levels of conflict;
(h) supporting the activities of national policy makers, the
intelligence community, the National Command Authorities, combatant
commanders and the military services, other federal officials, and
continuity of government operations.
(4) Critical capabilities necessary for executing space missions must
be assured. This requirement will be considered and implemented at all
stages of architecture and system planning, development, acquisition,
operation, and support.
(5) The Department of Energy, in coordination with DoD, ACDA and the
DCI will carry out research on and development of technologies needed to
effectively verify international agreements to control special nuclear
materials and nuclear weapons.
(6) Defense Space Sector Guidelines:
(a) DoD shall maintain the capability to execute the mission areas
of space support, force enhancement, space control, and force
application.
(b) In accordance with Executive Orders and applicable directives,
DoD shall protect critical space-related technologies and mission
aspects.
(c) DoD, as launch agent for both the defense and intelligence
sectors, will maintain the capability to evolve and support those
space transportation systems, infrastructure, and support activities
necessary to meet national security requirements. DoD will be the lead
agency for improvement and evolution of the current expendable launch
vehicle fleet, including appropriate technology development.
(d) DoD will pursue integrated satellite control and continue to
enhance the robustness of its satellite control capability. DoD will
coordinate with other departments and agencies, as appropriate, to
foster the integration and interoperability of satellite control for
all governmental space activities.
(e) The Secretary of Defense will establish DoD's specific
requirements for military and national-level intelligence information.
(f) The Secretary of Defense, in concert with the DCI, and for the
purpose of supporting operational military forces, may propose
modifications or augmentations to intelligence space systems as
necessary. The DoD may develop and operate space systems to support
military operations in the event that intelligence space systems
cannot provide the necessary intelligence support to the DoD.
(g) Consistent with treaty obligations, the United States will
develop, operate and maintain space control capabilities to ensure
freedom of action in space and, if directed, deny such freedom of
action to adversaries. These capabilities may also be enhanced by
diplomatic, legal or military measures to preclude an adversary's
hostile use of space systems and services. The U.S. will maintain and
modernize space surveillance and associated battle management command,
control, communications, computers, and intelligence to effectively
detect, track, categorize, monitor, and characterize threats to U.S.
and friendly space systems and contribute to the protection of U.S.
military activities.
(h) The United States will pursue a ballistic missile defense
program to provide for: enhanced theater missile defense capability
later this decade; a national missile defense deployment readiness
program as a hedge against the emergence of a long-range ballistic
missile threat to the United States; and an advanced technology
program to provide options for improvements to planned and deployed
defenses.
(7) Intelligence Space Sector Guidelines:
(a) The DCI shall ensure that the intelligence space sector
provides timely information and data to support foreign, defense and
economic policies; military operations; diplomatic activities;
indications and warning; crisis management; and treaty verification,
and that the sector performs research and development related to these
functions.
(b) The DCI shall continue to develop and apply advanced
technologies that respond to changes in the threat environment and
support national intelligence priorities.
(c) The DCI shall work closely with the Secretary of Defense to
improve the intelligence space sector's ability to support military
operations worldwide.
(d) The nature, the attributable collected information and the
operational details of intelligence space activities will be
classified. The DCI shall establish and implement policies to provide
appropriate protection for such data, including provisions for the
declassification and release of such information when the DCI deems
that protection is no longer required.
(e) Collected information that cannot be attributed to space
systems will be classified according to its content.
(f) These guidelines do not apply to imagery product, the
protection of which is governed by Executive Order 12951.
(g) Strict security procedures will be maintained to ensure that
public discussion of satellite reconnaissance by Executive Branch
personnel and contractors is consistent with DCI guidance. Executive
Branch personnel and contractors should refrain from acknowledging or
releasing information regarding satellite reconnaissance until a
security review has been made.
(h) The following facts are UNCLASSIFIED:
(i) That the United States conducts satellite
photoreconnaissance for peaceful purposes, including intelligence
collection and monitoring arms control agreements.
(ii) That satellite photoreconnaissance includes a near real-time
capability and is used to provide defense-related information for
indications and warning, and the planning and conduct of military
operations.
(iii) That satellite photoreconnaissance is used in the
collection of mapping, charting, and geodetic data and such data is
provided to authorized federal agencies.
(iv) That satellite photoreconnaissance is used to collect
mapping, charting and geodetic data to develop global geodetic and
cartographic materials to support defense and other mapping-related
activities.
(v) That satellite photoreconnaissance can be used to collect
scientific and environmental data and data on natural or man-made
disasters, and such data can be disseminated to authorized federal
agencies.
(vi) That photoreconnaissance assets can be used to image the
United States and its territories and possessions.
(vii) That the U.S. conducts overhead signals intelligence
collection.
(viii) That the U.S. conducts overhead measurement and signature
intelligence collection.
(ix) The existence of the National Reconnaissance Office (NRO)
and the identification and official titles of its senior officials.
All other details, facts and products of intelligence space
activities are subject to appropriate classification and security
controls as determined by the DCI.
(i) Changes to the space intelligence security policy set forth
in the national space policy can be authorized only by the
President.
Commercial Space Guidelines
(1) The fundamental goal of U.S. commercial space policy is to
support and enhance U.S. economic competitiveness in space activities
while protecting U.S. national security and foreign policy interests.
Expanding U.S. commercial space activities will generate economic
benefits for the Nation and provide the U.S. Government with an
increasing range of space goods and services.
(2) U.S. Government agencies shall purchase commercially available
space goods and services to the fullest extent feasible and shall not
conduct activities with commercial applications that preclude or deter
commercial space activities except for reasons of national security or
public safety. A space good or service is "commercially available" if it
is currently offered commercially, or if it could be supplied
commercially in response to a government service procurement request.
"Feasible" means that such goods or services meet mission requirements
in a cost-effective manner.
(3) The United States will pursue its commercial space objectives
without the use of direct Federal subsidies. Commercial Sector space
activities shall be supervised or regulated only to the extent required
by law, national security, international obligations and public safety.
(4) To stimulate private sector investment, ownership, and operation
of space assets, the U.S. Government will facilitate stable and
predictable U.S. commercial sector access to appropriate U.S. Government
space-related hardware, facilities and data. The U.S. Government
reserves the right to use such hardware, facilities and data on a
priority basis to meet national security and critical civil sector
requirements. Government Space Sectors shall:
(a) Enter into appropriate cooperative agreements to encourage and
advance private sector basic research, development, and operations
while protecting the commercial value of the intellectual property
developed.
(b) Identify, and propose appropriate amendments to or the
elimination of, applicable portions of United States laws and
regulations that unnecessarily impede commercial space sector
activities.
(c) Consistent with national security, provide for the timely
transfer of government-developed space technology to the private
sector in such a manner as to protect its commercial value, including
retention of technical data rights by the private sector.
(d) To the extent feasible, pursue innovative methods for
procurement of space products and services.
(5) Free and fair trade in commercial space launch services
is a goal of the United States. In support of this goal, the United
States will implement, at the expiration of current space launch
agreements, a strategy for transitioning from negotiated trade in launch
services towards a trade environment characterized by the free and open
interaction of market economies. The U.S. Trade Representative, in
coordination with the Office of Science and Technology Policy and the
National Economic Council, will develop a strategy to guide this
implementation.
(6) Consistent with Executive Order 12046 and applicable statutes,
U.S. Government agencies and departments will ensure that U.S.
Government telecommunications policies support a competitive
international environment for space-based telecommunications.
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 transfers 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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