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2014-0427-F [
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Monday, March 21, 2016
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National Security Council - Defense Policy and Strategy
Klinger, Gil
Location or
FRC ID:
Stack: Row: Sect.: Shelf: Pos.:
Hollinger ID:
V
8
6
11
2
37072
1000000224
Folder Title:
U.S. Space Transportation \ EELV (Evolved Expendable Launch Vehicle) 2002 - 2004: Launch [1]
Withdrawn/Redacted Material
The George W. Bush Library
DOCUMENT FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
NO.
011
Draft
U.S. Space Transportation Policy
1
N.D.
P5;
013
Draft
U.S. Space Transportation Policy
1
N.D.
P5;
014
Memorandum
Space Transportation National Security Presidential
3
12/14/2004
P5;
Directive (NSPD) - To: POTUS - From: Condoleezza
Rice
015
Memorandum
Space Transportation National Security Presidential
2
11/29/2004 P5;
Directive (NSPD) - To: Condoleezza Rice - From: Gil
Klinger
016
Memorandum
Space Transportation National Security Presidential
2
N.D.
P5;
Directive (NSPD) - To: POTUS - From: Condoleezza
Rice
017
Draft
U.S. Space Transportation Policy
12
N.D.
P5;
COLLECTION TITLE:
National Security Council - Defense Policy and Strategy
SERIES:
Klinger, Gil
FOLDER TITLE:
U.S. Space Transportation EELV (Evolved Expendable Launch Vehicle) 2002 - 2004: Launch [1]
FRC ID:
37072
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
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of gift.
2014-0427-F
Page 1 of 2
This document was prepared on Tuesday, March 22, 2016
Withdrawn/Redacted Material
The George W. Bush Library
DOCUMENT FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
NO.
022
Email
RE: Questions on Space Transportation Draft NSPD - To:
1
11/24/2004
P5;
Klinger, Gil - From: Burks, Jonathan
COLLECTION TITLE:
National Security Council - Defense Policy and Strategy
SERIES:
Klinger, Gil
FOLDER TITLE:
U.S. Space Transportation EELV (Evolved Expendable Launch Vehicle) 2002 - 2004: Launch [1]
FRC ID:
37072
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
2014-0427-F
Page 2 of 2
This document was prepared on Tuesday, March 22, 2016
6926
THE WHITE HOUSE
WASHINGTON
December 21, 2004
NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD-40
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF COMMERCE
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF ENERGY
THE SECRETARY OF HOMELAND SECURITY
CHIEF OF STAFF TO THE PRESIDENT
DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET
ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY
AFFAIRS
ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
ASSISTANT TO THE PRESIDENT FOR DOMESTIC POLICY
ASSISTANT TO THE PRESIDENT FOR HOMELAND SECURITY
DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY
UNITED STATES TRADE REPRESENTATIVE
DIRECTOR OF CENTRAL INTELLIGENCE
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
DIRECTOR, NATIONAL SCIENCE FOUNDATION
SUBJECT:
U.S. Space Transportation Policy
This directive establishes national policy, guidelines, and
implementation actions for United States space transportation
programs and activities to ensure the Nation's ability to
maintain access to and use space for U.S. national and homeland
security, and civil, scientific, and commercial purposes. This
directive supersedes Presidential Decision Directive/National
Science and Technology Council-4, National Space Transportation
Policy, dated August 5, 1994, in whole, and the following
portions of Presidential Decision Directive/National Science and
Technology Council-8/National Security Council-49, National
Space Policy, dated September 14, 1996, that pertain to space
transportation programs and activities: Civil Space Guideline
3b, Defense Space Sector Guideline C, Commercial Space Guideline
5, and Intersector Guideline 2.
2
Background
For over four decades, U.S. space transportation capabilities
have helped the Nation secure peace and protect national
security, enabled the Nation to lead the exploration of our
solar system and beyond, and increased economic prosperity and
our knowledge of the Earth and its environment. Today, vital
national security, homeland security, and economic interests are
increasingly dependent on United States Government and
commercial space assets. U.S. space transportation capabilities
encompassing access to, transport through, and return from
space -- are the critical foundation upon which U.S. access to
and use of space depends.
In accordance with my direction in National Security
Presidential Directive-31, U.S. Space Exploration Policy, dated
January 14, 2004, the United States is embarking on a robust
space exploration program to advance U.S. scientific, security,
and economic interests. A central component of this program is
to extend human presence across the solar system, starting with
a human return to the Moon by the year 2020, in preparation for
human exploration of Mars and other destinations. The Space
Shuttle will be returned to flight as soon as practical, based
on the recommendations of the Columbia Accident Investigation
Board; used to complete assembly of the International Space
Station, planned for the end of this decade; and then retired.
A new crew exploration vehicle will be developed to provide crew
transportation for missions beyond low Earth orbit.
Access to space through U.S. space transportation capabilities
is essential to: (1) place critical United States Government
assets and capabilities into space; (2) augment space-based
capabilities in a timely manner in the event of increased
operational needs or minimize disruptions due to on-orbit
satellite failures, launch failures, or deliberate actions
against U.S. space assets; and (3) support government and
commercial human space flight. The United States, therefore,
must maintain robust, responsive, and resilient U.S. space
transportation capabilities to assure access to space. In doing
so, the United States will emphasize safety in flight and on the
ground.
Assuring access to space requires maintaining a viable space
transportation industrial and technology base. A significant
downturn in the market for commercial launch services has
undermined for the time being the ability of industry to recoup
its significant investment in current launch systems and
effectively precludes industry from sustaining a robust
3
industrial and technology base sufficient to meet all United
States Government needs. To assure access to space for
United States Government payloads, therefore, the United States
Government must provide sufficient and stable funding for
acquisition of U.S. space transportation capabilities in order
to create a climate in which a robust space transportation
industrial and technology base can flourish.
To exploit space to the fullest extent, however, requires a
fundamental transformation in U.S. space transportation
capabilities and infrastructure. In that regard, the
United States Government must capitalize on the entrepreneurial
spirit of the U.S. private sector, which offers new approaches
and technology innovation in U.S. space transportation, options
for enhancing space exploration activities, and opportunities to
open new commercial markets, including public space travel.
Further, dramatic improvements in the reliability,
responsiveness, and cost of space transportation would have a
profound impact on the ability to protect the Nation, explore
the solar system, improve lives, and use space for commercial
purposes. While there are both technical and budgetary
obstacles to achieving such capabilities in the near term, a
sustained national commitment to developing the necessary
technologies can enable a decision in the future to develop such
capabilities.
Goal and Objectives
The fundamental goal of this policy is to ensure the capability
to access and use space in support of national and homeland
security, civil, scientific, and economic interests. To achieve
this goal, the United States Government shall:
1) Ensure the availability of U.S. space transportation
capabilities necessary to provide reliable and affordable space
access, including access to, transport through, and return from
space;
2) Demonstrate an initial capability for operationally
responsive access to and use of space providing capacity to
respond to unexpected loss or degradation of selected
capabilities, and/or to provide timely availability of tailored
or new capabilities -- to support national security
requirements;
3) Develop space transportation capabilities to enable human
space exploration beyond low Earth orbit, consistent with the
4
direction contained in National Security Presidential Directive-
31, U.S. Space Exploration Policy, dated January 14, 2004;
4) Sustain a focused technology development program for next-
generation space transportation capabilities that dramatically
improve the reliability, responsiveness, and cost of access to,
transport through, and return from space, and enables a decision
to acquire these capabilities in the future;
5) Encourage and facilitate the U.S. commercial space
transportation industry to enhance the achievement of national
security and civil space transportation objectives, benefit the
U.S. economy, and increase the industry's international
competitiveness; and
6) Sustain and promote a domestic space transportation
industrial base, including launch systems, infrastructure, and
workforce, necessary to meet ongoing United States Government
national security and civil requirements.
Implementation of this directive shall be within the overall
policy and resource guidance of the President, the availability
of appropriations, and applicable law and regulations.
Implementation Guidelines
To achieve the goals of this directive, departments and agencies
shall take the following actions:
I.
Assuring Access to Space
1) "Assured access" is a requirement for critical national
security, homeland security, and civil missions and is
defined as a sufficiently robust, responsive, and resilient
capability to allow continued space operations, consistent
with risk management and affordability. The Secretary of
Defense and the Administrator of the National Aeronautics
and Space Administration, as appropriate, are responsible
for assuring access to space.
2) The Secretary of Defense shall be the launch agent for the
national security sector and shall maintain the capability
to develop, evolve, operate, and purchase services for
those space transportation systems, infrastructure, and
support activities necessary to meet national security
requirements.
5
3) The Administrator of the National Aeronautics and Space
Administration shall be the launch agent for the civil
sector and shall maintain the capability to develop,
evolve, operate, and purchase services for those space
transportation systems, infrastructure, and support
activities necessary to meet civil requirements, including
the capability to conduct human and robotic space flight
for exploration, scientific, and other civil purposes. The
National Aeronautics and Space Administration shall engage
in development activities only for those requirements that
cannot be met by capabilities being used by the national
security or commercial sectors.
4) For the foreseeable future, the capabilities developed
under the Evolved Expendable Launch Vehicle program shall
be the foundation for access to space for intermediate and
larger payloads for national security, homeland security,
and civil purposes to the maximum extent possible
consistent with mission, performance, cost, and schedule
requirements. New U.S. commercial space transportation
capabilities that demonstrate the ability to reliably
launch intermediate or larger payloads will be allowed to
compete on a level playing field for United States
Government missions.
a) The Secretary of Defense shall maintain overall
management responsibilities for the Evolved Expendable
Launch Vehicle program and shall fund the annual fixed
costs for both launch services providers unless or until
such time as the Secretary of Defense, following
coordination with the Director of Central Intelligence
and the Administrator of the National Aeronautics and
Space Administration, certifies to the President that a
capability that reliably provides assured access to space
can be maintained without two Evolved Expendable Launch
Vehicle providers.
b) Not later than 2010, the Secretary of Defense, the
Director of Central Intelligence, and the Administrator
of the National Aeronautics and Space Administration
shall evaluate the long-term requirements, funding, and
management responsibilities for the Evolved Expendable
Launch Vehicle system and infrastructure. That
evaluation shall include recommending a proportionate
shift of the existing funding responsibility of the
Secretary of Defense to reflect any change to the balance
between national security and civil missions employing an
Evolved Expendable Launch Vehicle.
6
c) Any department or agency seeking to significantly modify
or develop new launch systems derived from the Evolved
Expendable Launch Vehicles or its major components,
including human rating, shall be responsible for any
necessary funding arrangements and shall coordinate with
the Secretary of Defense and, as appropriate, the
Secretaries of Commerce and Transportation and the
Administrator of the National Aeronautics and Space
Administration.
5) Before 2010, the United States shall demonstrate an initial
capability for operationally responsive access to and use
of space to support national security requirements. In
that regard, the Secretary of Defense, in coordination with
the Director of Central Intelligence, shall:
a) Develop the requirements and concept of operations for
launch vehicles, infrastructure, and spacecraft to
provide operationally responsive access to and use of
space to support national security, including the ability
to provide critical space capabilities in the event of a
failure of launch or on-orbit capabilities; and
b) Identify the key modifications to space launch,
spacecraft, or ground operations capabilities that will
be required to implement an operationally responsive
space launch capability.
6) The Federal space launch bases and ranges are vital
components of the U.S. space transportation infrastructure
and are national assets upon which access to space depends
for national security, civil, and commercial purposes. The
Secretary of Defense and the Administrator of the National
Aeronautics and Space Administration shall operate the
Federal launch bases and ranges in a manner SO as to
accommodate users from all sectors; and shall transfer
these capabilities to a predominantly space-based range
architecture to accommodate, among others, operationally
responsive space launch systems and new users.
II. Space Exploration
1) The space transportation capabilities necessary to carry
out space exploration will be developed consistent with
National Security Presidential Directive-31, U.S. Space
Exploration Policy, dated January 14, 2004.
7
2) Consistent with that direction, the Administrator of the
National Aeronautics and Space Administration shall
develop, in cooperation with the Secretary of Defense as
appropriate, options to meet potential exploration-unique
requirements for heavy lift beyond the capabilities of the
existing Evolved Expendable Launch Vehicles.
a) These options will emphasize the potential for using
derivatives of the Evolved Expendable Launch Vehicles to
meet space exploration requirements. In addition, the
Administrator shall evaluate the comparative costs and
benefits of a new dedicated heavy-lift launch vehicle or
options based on the use of Shuttle-derived systems.
b) The Administrator and the Secretary shall jointly submit
to me a recommendation regarding the preferred option to
meet future heavy-lift requirements. This recommendation
will include an assessment of the impact on national
security, civil, and commercial launch activities and the
space transportation industrial base.
III. Transformation of Space Transportation Capabilities
1) The United States shall sustain a focused technology
development program for next-generation space
transportation capabilities to transform U.S. access to and
use of space. In that regard, the Secretary of Defense and
the Administrator of the National Aeronautics and Space
Administration, in cooperation with industry as
appropriate, shall:
a) Within two years of the date of this directive develop
the requirements, concept of operations, technology
roadmaps, and investment strategy for next-generation
space transportation capabilities with the objective of
dramatically improving the reliability, responsiveness,
and cost of Earth-to-orbit space transportation for
deployment of spacecraft and other payloads in Earth
orbit, exclusive of human space flight; and
b) Pursue research and development of in-space
transportation capabilities to enable responsive space
transportation capabilities and the transformation of the
Nation's ability to navigate in space. These efforts
shall include, but not be limited to: automated
rendezvous and docking, and the ability to deploy,
service, and retrieve payloads or spacecraft in Earth
orbit. The Administrator of the National Aeronautics and
8
Space Administration, in cooperation with the Secretary
of Energy and other departments and agencies as
appropriate, shall pursue research and development of
space nuclear power and advanced propulsion technologies
to more quickly, affordably, and safely expand the reach
of exploration into the solar system and beyond.
IV. Commercial Space Transportation
1) The United States Government is committed to encouraging
and facilitating a viable U.S. commercial space
transportation industry that supports U.S. space
transportation goals, benefits the U.S. economy, and is
internationally competitive. Toward that end,
United States Government departments and agencies shall:
a) Purchase commercially available U.S. space transportation
products and services to the maximum extent possible,
consistent with mission requirements and applicable law;
b) Provide a timely and responsive regulatory environment
for licensing commercial space launch and reentry
activities;
c) Maintain, subject to periodic review and the
competitiveness of U.S. industry, the liability risk-
sharing regime for U.S. commercial space transportation
activities set forth in the Commercial Space Launch Act,
as amended (49 USC, Subtitle IX, Chapter 701), including
provisions for indemnification by the United States
Government;
d) Refrain from conducting activities with commercial
applications that preclude, deter, or compete with U.S.
commercial space transportation activities, unless
required by national security;
e) Involve the U.S. private sector in the design and
development of space transportation capabilities to meet
United States Government needs;
f) Provide stable and predictable access to the Federal
space launch bases and ranges, and other government
facilities and services, as appropriate, for commercial
purposes on a direct-cost basis, as defined in the
Commercial Space Launch Act, as amended (49 USC, Subtitle
IX, Chapter 701) The United States Government reserves
the right to use such facilities and services on a
9
priority basis to meet national security and critical
civil mission requirements;
g) Encourage private sector and state and local government
investment and participation in the development and
improvement of space infrastructure, including non-
Federal launch and reentry sites; and
h) Provide for the private sector retention of technical
data rights in acquiring space transportation
capabilities, limited only to the extent necessary to
meet United States Government needs.
2) The Secretary of Transportation shall license and have
safety oversight responsibility for commercial launch and
reentry operations and for operation of non-Federal launch
and reentry sites, as set forth in the Commercial Space
Launch Act, as amended (49 USC, Subtitle IX, Chapter 701),
and Executive Order 12465. The Secretary of Transportation
shall coordinate with the Secretary of Defense, the
Administrator of the National Aeronautics and Space
Administration, and other United States Government
departments and agencies, as appropriate.
a) The Secretaries of Transportation and Defense shall
establish common public safety requirements and other
common standards, as appropriate, taking into account
launch vehicle type and concept of operation, for
launches from Federal and non-Federal launch sites. The
Secretaries of Transportation and Defense shall
coordinate these requirements with the Administrator of
the National Aeronautics and Space Administration and
other departments and agencies as appropriate.
3) The Secretaries of Commerce and Transportation shall
encourage, facilitate, and promote U.S. commercial space
transportation activities, including commercial human space
flight.
V. U.S. Space Transportation Industrial and Technology Base
1) A viable domestic industrial and technology base is the
foundation of a successful U.S. space transportation
capability and is critical to assuring access to space for
national security and civil purposes. To assure access to
space and ensure national security and civil space
transportation needs will continue to be met in the future:
10
a) United States Government payloads shall be launched on
space launch vehicles manufactured in the United States,
unless exempted by the Director of the Office of Science
and Technology Policy, in consultation with the Assistant
to the President for National Security Affairs.
- This policy does not apply to use of foreign launch
vehicles on a no-exchange-of-funds basis to support
the following: flight of scientific instruments on
foreign spacecraft, international scientific programs,
or other cooperative government-to-government
programs. This policy also does not apply to the use
of foreign launch vehicles to launch United States
Government secondary scientific payloads for which no
U.S. launch service is available.
- The proposed use of a non-U.S. manufactured launch
vehicle will be subject to interagency coordination as
early in the program as possible and prior to the
sponsoring department's or agency's request for
authority to negotiate and conclude an agreement.
Interagency coordination will take into account
national security and foreign policy concerns, civil
and scientific interests, and the performance,
availability, and economic and budgetary
considerations associated with use of the proposed
launch vehicle.
b) The use of foreign components or technologies, and the
participation of foreign governments and entities, in
current and future U.S. space transportation systems is
permitted consistent with U.S. law and regulations, as
well as nonproliferation, national security, and foreign
policy goals and commitments and U.S. obligations under
the Strategic Arms Reduction Treaty, Intermediate Nuclear
Forces Treaty, and the Missile Technology Control Regime.
Such use or participation will not be permitted where it
could result in critical national security or civil space
launches being jeopardized by delays or disruptions in
receipt of foreign-produced systems, components,
technology, or expertise.
VI.
Nonproliferation and Use of Excess Ballistic Missiles
1) In order to prevent the proliferation of missile technology
and to limit the adverse impact of use of excess ballistic
missiles on U.S. space transportation capabilities:
11
a) Excess U.S. ballistic missiles shall either be retained
for government use or destroyed. United States
Government agencies may use such assets to launch
payloads into orbit on a case-by-case basis, with the
approval of the Secretary of Defense, when the following
conditions are met: (1) the payload supports the
sponsoring agency's mission; (2) such use is consistent
with the obligations of the United States under treaties
and other international agreements to which the United
States is a party, including the Missile Technology
Control Regime guidelines, the Strategic Arms Reduction
Treaty, and the Intermediate Nuclear Forces Treaty; and
(3) the sponsoring agency certifies that such use results
in a cost savings to the United States Government
compared to the use of available commercial launch
services that would also meet mission requirements,
including performance, schedule, and risk, and limits the
impact on the U.S. space transportation industry;
b) The United States Government encourages other nations
that possess excess ballistic missiles to limit their use
to government purposes only or destroy them. The
United States Government will consider on a case-by-case
basis requests from U.S. companies to use foreign excess
ballistic missiles for space launch purposes. Any such
use must be in conformity with arms control agreements,
U.S. nonproliferation policies, U.S. technology transfer
policies, and the Missile Technology Control Regime
guidelines; and
c) The United States Government shall consider on a case-by-
case basis requests to launch foreign space
transportation systems in the United States for
commercial purposes, including exhibitions and
demonstrations. Any such use shall be subject to
interagency coordination and must be in conformity with
U.S. national security and foreign policy interests, arms
control agreements, U.S. nonproliferation policies, U.S.
technology transfer policies, the Missile Technology
Control Regime guidelines, and launch and re-entry
licensing regulations.
Implementing Actions
Within 180 days from the date of this directive, the Secretaries
of Defense, Commerce, and Transportation, the Director of
Central Intelligence, and the Administrator of the National
Aeronautics and Space Administration, as appropriate, shall
12
jointly submit to me a national space transportation strategy
that includes requirements, implementation plans, schedules, and
resources required for:
1) Reliable and affordable space access, including assuring
access to space for critical national security and civil
missions. The strategy shall address how the Evolved Expendable
Launch Vehicle program will be managed through 2009, and efforts
to modernize the Federal space launch bases and ranges;
2) Demonstration of an initial capability for operationally
responsive access to and use of space to support national
security requirements;
3) Access to, transport through, and return from space for space
exploration, including options to meet exploration-unique
requirements for heavy lift beyond the capabilities of existing
launch vehicles;
4) Focused technology development efforts to transform U.S.
access to and use of space, including development of next-
generation space transportation capabilities for deployment of
spacecraft or other payloads in Earth orbit and in-space
transportation; and
5) Measures to encourage and facilitate the U.S. commercial
space transportation industry to enhance the achievement of
national security and civil space transportation objectives,
benefit the U.S. economy, and increase the industry's
international competitiveness. The strategy shall consider the
development of markets and plans for commercial human space
flight.
Gare
6926
THE WHITE HOUSE
WASHINGTON
December 21, 2004
NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD-40
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF COMMERCE
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF ENERGY
THE SECRETARY OF HOMELAND SECURITY
CHIEF OF STAFF TO THE PRESIDENT
DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET
ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY
AFFAIRS
ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
ASSISTANT TO THE PRESIDENT FOR DOMESTIC POLICY
ASSISTANT TO THE PRESIDENT FOR HOMELAND SECURITY
DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY
UNITED STATES TRADE REPRESENTATIVE
DIRECTOR OF CENTRAL INTELLIGENCE
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
DIRECTOR, NATIONAL SCIENCE FOUNDATION
SUBJECT:
U.S. Space Transportation Policy
This directive establishes national policy, guidelines, and
implementation actions for United States space transportation
programs and activities to ensure the Nation's ability to
maintain access to and use space for U.S. national and homeland
security, and civil, scientific, and commercial purposes. This
directive supersedes Presidential Decision Directive/National
Science and Technology Council-4, National Space Transportation
Policy, dated August 5, 1994, in whole, and the following
portions of Presidential Decision Directive/National Science and
Technology Council-8/National Security Council-49, National
Space Policy, dated September 14, 1996, that pertain to space
transportation programs and activities: Civil Space Guideline
3b, Defense Space Sector Guideline C, Commercial Space Guideline
5, and Intersector Guideline 2.
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Background
For over four decades, U.S. space transportation capabilities
have helped the Nation secure peace and protect national
security, enabled the Nation to lead the exploration of our
solar system and beyond, and increased economic prosperity and
our knowledge of the Earth and its environment. Today, vital
national security, homeland security, and economic interests are
increasingly dependent on United States Government and
commercial space assets. U.S. space transportation capabilities
-- encompassing access to, transport through, and return from
space are the critical foundation upon which U.S. access to
and use of space depends.
In accordance with my direction in National Security
Presidential Directive-31, U.S. Space Exploration Policy, dated
January 14, 2004, the United States is embarking on a robust
space exploration program to advance U.S. scientific, security,
and economic interests. A central component of this program is
to extend human presence across the solar system, starting with
a human return to the Moon by the year 2020, in preparation for
human exploration of Mars and other destinations. The Space
Shuttle will be returned to flight as soon as practical, based
on the recommendations of the Columbia Accident Investigation
Board; used to complete assembly of the International Space
Station, planned for the end of this decade; and then retired.
A new crew exploration vehicle will be developed to provide crew
transportation for missions beyond low Earth orbit.
Access to space through U.S. space transportation capabilities
is essential to: (1) place critical United States Government
assets and capabilities into space; (2) augment space-based
capabilities in a timely manner in the event of increased
operational needs or minimize disruptions due to on-orbit
satellite failures, launch failures, or deliberate actions
against U.S. space assets; and (3) support government and
commercial human space flight. The United States, therefore,
must maintain robust, responsive, and resilient U.S. space
transportation capabilities to assure access to space. In doing
so, the United States will emphasize safety in flight and on the
ground.
Assuring access to space requires maintaining a viable space
transportation industrial and technology base. A significant
downturn in the market for commercial launch services has
undermined for the time being the ability of industry to recoup
its significant investment in current launch systems and
effectively precludes industry from sustaining a robust
3
industrial and technology base sufficient to meet all United
States Government needs. To assure access to space for
United States Government payloads, therefore, the United States
Government must provide sufficient and stable funding for
acquisition of U.S. space transportation capabilities in order
to create a climate in which a robust space transportation
industrial and technology base can flourish.
To exploit space to the fullest extent, however, requires a
fundamental transformation in U.S. space transportation
capabilities and infrastructure. In that regard, the
United States Government must capitalize on the entrepreneurial
spirit of the U.S. private sector, which offers new approaches
and technology innovation in U.S. space transportation, options
for enhancing space exploration activities, and opportunities to
open new commercial markets, including public space travel.
Further, dramatic improvements in the reliability,
responsiveness, and cost of space transportation would have a
profound impact on the ability to protect the Nation, explore
the solar system, improve lives, and use space for commercial
purposes. While there are both technical and budgetary
obstacles to achieving such capabilities in the near term, a
sustained national commitment to developing the necessary
technologies can enable a decision in the future to develop such
capabilities.
Goal and Objectives
The fundamental goal of this policy is to ensure the capability
to access and use space in support of national and homeland
security, civil, scientific, and economic interests. To achieve
this goal, the United States Government shall:
1) Ensure the availability of U.S. space transportation
capabilities necessary to provide reliable and affordable space
access, including access to, transport through, and return from
space;
2) Demonstrate an initial capability for operationally
responsive access to and use of space providing capacity to
respond to unexpected loss or degradation of selected
capabilities, and/or to provide timely availability of tailored
or new capabilities -- to support national security
requirements;
3) Develop space transportation capabilities to enable human
space exploration beyond low Earth orbit, consistent with the
4
direction contained in National Security Presidential Directive-
31, U.S. Space Exploration Policy, dated January 14, 2004;
4) Sustain a focused technology development program for next-
generation space transportation capabilities that dramatically
improve the reliability, responsiveness, and cost of access to,
transport through, and return from space, and enables a decision
to acquire these capabilities in the future;
5) Encourage and facilitate the U.S. commercial space
transportation industry to enhance the achievement of national
security and civil space transportation objectives, benefit the
U.S. economy, and increase the industry's international
competitiveness; and
6) Sustain and promote a domestic space transportation
industrial base, including launch systems, infrastructure, and
workforce, necessary to meet ongoing United States Government
national security and civil requirements.
Implementation of this directive shall be within the overall
policy and resource guidance of the President, the availability
of appropriations, and applicable law and regulations.
Implementation Guidelines
To achieve the goals of this directive, departments and agencies
shall take the following actions:
I.
Assuring Access to Space
1) "Assured access" is a requirement for critical national
security, homeland security, and civil missions and is
defined as a sufficiently robust, responsive, and resilient
capability to allow continued space operations, consistent
with risk management and affordability. The Secretary of
Defense and the Administrator of the National Aeronautics
and Space Administration, as appropriate, are responsible
for assuring access to space.
2) The Secretary of Defense shall be the launch agent for the
national security sector and shall maintain the capability
to develop, evolve, operate, and purchase services for
those space transportation systems, infrastructure, and
support activities necessary to meet national security
requirements.
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3) The Administrator of the National Aeronautics and Space
Administration shall be the launch agent for the civil
sector and shall maintain the capability to develop,
evolve, operate, and purchase services for those space
transportation systems, infrastructure, and support
activities necessary to meet civil requirements, including
the capability to conduct human and robotic space flight
for exploration, scientific, and other civil purposes. The
National Aeronautics and Space Administration shall engage
in development activities only for those requirements that
cannot be met by capabilities being used by the national
security or commercial sectors.
4) For the foreseeable future, the capabilities developed
under the Evolved Expendable Launch Vehicle program shall
be the foundation for access to space for intermediate and
larger payloads for national security, homeland security,
and civil purposes to the maximum extent possible
consistent with mission, performance, cost, and schedule
requirements. New U.S. commercial space transportation
capabilities that demonstrate the ability to reliably
launch intermediate or larger payloads will be allowed to
compete on a level playing field for United States
Government missions.
a) The Secretary of Defense shall maintain overall
management responsibilities for the Evolved Expendable
Launch Vehicle program and shall fund the annual fixed
costs for both launch services providers unless or until
such time as the Secretary of Defense, following
coordination with the Director of Central Intelligence
and the Administrator of the National Aeronautics and
Space Administration, certifies to the President that a
capability that reliably provides assured access to space
can be maintained without two Evolved Expendable Launch
Vehicle providers.
b) Not later than 2010, the Secretary of Defense, the
Director of Central Intelligence, and the Administrator
of the National Aeronautics and Space Administration
shall evaluate the long-term requirements, funding, and
management responsibilities for the Evolved Expendable
Launch Vehicle system (s) and infrastructure. That
evaluation shall include recommending a proportionate
shift of the existing funding responsibility of the
Secretary of Defense to reflect any change to the balance
between national security and civil missions employing an
Evolved Expendable Launch Vehicle.
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c) Any department or agency seeking to significantly modify
or develop new launch systems derived from the Evolved
Expendable Launch Vehicles or its major components,
including human rating, shall be responsible for any
necessary funding arrangements and shall coordinate with
the Secretary of Defense and, as appropriate, the
Secretaries of Commerce and Transportation and the
Administrator of the National Aeronautics and Space
Administration.
5) Before 2010, the United States shall demonstrate an initial
capability for operationally responsive access to and use
of space to support national security requirements. In
that regard, the Secretary of Defense, in coordination with
the Director of Central Intelligence, shall:
a) Develop the requirements and concept of operations for
launch vehicles, infrastructure, and spacecraft to
provide operationally responsive access to and use of
space to support national security, including the ability
to provide critical space capabilities in the event of a
failure of launch or on-orbit capabilities; and
b) Identify the key modifications to space launch,
spacecraft, or ground operations capabilities that will
be required to implement an operationally responsive
space launch capability.
6) The Federal space launch bases and ranges are vital
components of the U.S. space transportation infrastructure
and are national assets upon which access to space depends
for national security, civil, and commercial purposes. The
Secretary of Defense and the Administrator of the National
Aeronautics and Space Administration shall operate the
Federal launch bases and ranges in a manner SO as to
accommodate users from all sectors; and shall transfer
these capabilities to a predominantly space-based range
architecture to accommodate, among others, operationally
responsive space launch systems and new users.
II. Space Exploration
1) The space transportation capabilities necessary to carry
out space exploration will be developed consistent with
National Security Presidential Directive-31, U.S. Space
Exploration Policy, dated January 14, 2004.
7
2) Consistent with that direction, the Administrator of the
National Aeronautics and Space Administration shall
develop, in cooperation with the Secretary of Defense as
appropriate, options to meet potential exploration-unique
requirements for heavy lift beyond the capabilities of the
existing Evolved Expendable Launch Vehicles.
a) These options will emphasize the potential for using
derivatives of the Evolved Expendable Launch Vehicles to
meet space exploration requirements. In addition, the
Administrator shall evaluate the comparative costs and
benefits of a new dedicated heavy-lift launch vehicle or
options based on the use of Shuttle-derived systems.
b) The Administrator and the Secretary shall jointly submit
to me a recommendation regarding the preferred option to
meet future heavy-lift requirements. This recommendation
will include an assessment of the impact on national
security, civil, and commercial launch activities and the
space transportation industrial base.
III. Transformation of Space Transportation Capabilities
1) The United States shall sustain a focused technology
development program for next-generation space
transportation capabilities to transform U.S. access to and
use of space. In that regard, the Secretary of Defense and
the Administrator of the National Aeronautics and Space
Administration, in cooperation with industry as
appropriate, shall:
a) Within two years of the date of this directive develop
the requirements, concept of operations, technology
roadmaps, and investment strategy for next-generation
space transportation capabilities with the objective of
dramatically improving the reliability, responsiveness,
and cost of Earth-to-orbit space transportation for
deployment of spacecraft and other payloads in Earth
orbit, exclusive of human space flight; and
b) Pursue research and development of in-space
transportation capabilities to enable responsive space
transportation capabilities and the transformation of the
Nation's ability to navigate in space. These efforts
shall include, but not be limited to: automated
rendezvous and docking, and the ability to deploy,
service, and retrieve payloads or spacecraft in Earth
orbit. The Administrator of the National Aeronautics and
8
Space Administration, in cooperation with the Secretary
of Energy and other departments and agencies as
appropriate, shall pursue research and development of
space nuclear power and advanced propulsion technologies
to more quickly, affordably, and safely expand the reach
of exploration into the solar system and beyond.
IV. Commercial Space Transportation
1) The United States Government is committed to encouraging
and facilitating a viable U.S. commercial space
transportation industry that supports U.S. space
transportation goals, benefits the U.S. economy, and is
internationally competitive. Toward that end,
United States Government departments and agencies shall:
a) Purchase commercially available U.S. space transportation
products and services to the maximum extent possible,
consistent with mission requirements and applicable law;
b) Provide a timely and responsive regulatory environment
for licensing commercial space launch and reentry
activities;
c) Maintain, subject to periodic review and the
competitiveness of U.S. industry, the liability risk-
sharing regime for U.S. commercial space transportation
activities set forth in the Commercial Space Launch Act,
as amended (49 USC, Subtitle IX, Chapter 701), including
provisions for indemnification by the United States
Government;
d) Refrain from conducting activities with commercial
applications that preclude, deter, or compete with U.S.
commercial space transportation activities, unless
required by national security;
e) Involve the U.S. private sector in the design and
development of space transportation capabilities to meet
United States Government needs;
f) Provide stable and predictable access to the Federal
space launch bases and ranges, and other government
facilities and services, as appropriate, for commercial
purposes on a direct-cost basis, as defined in the
Commercial Space Launch Act, as amended (49 USC, Subtitle
IX, Chapter 701) : The United States Government reserves
the right to use such facilities and services on a
9
priority basis to meet national security and critical
civil mission requirements;
g) Encourage private sector and state and local government
investment and participation in the development and
improvement of space infrastructure, including non-
Federal launch and reentry sites; and
h) Provide for the private sector retention of technical
data rights in acquiring space transportation
capabilities, limited only to the extent necessary to
meet United States Government needs.
2) The Secretary of Transportation shall license and have
safety oversight responsibility for commercial launch and
reentry operations and for operation of non-Federal launch
and reentry sites, as set forth in the Commercial Space
Launch Act, as amended (49 USC, Subtitle IX, Chapter 701)
and Executive Order 12465. The Secretary of Transportation
shall coordinate with the Secretary of Defense, the
Administrator of the National Aeronautics and Space
Administration, and other United States Government
departments and agencies, as appropriate.
a) The Secretaries of Transportation and Defense shall
establish common public safety requirements and other
common standards, as appropriate, taking into account
launch vehicle type and concept of operation, for
launches from Federal and non-Federal launch sites. The
Secretaries of Transportation and Defense shall
coordinate these requirements with the Administrator of
the National Aeronautics and Space Administration and
other departments and agencies as appropriate.
3) The Secretaries of Commerce and Transportation shall
encourage, facilitate, and promote U.S. commercial space
transportation activities, including commercial human space
flight.
V. U.S. Space Transportation Industrial and Technology Base
1) A viable domestic industrial and technology base is the
foundation of a successful U.S. space transportation
capability and is critical to assuring access to space for
national security and civil purposes. To assure access to
space and ensure national security and civil space
transportation needs will continue to be met in the future:
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a) Excess U.S. ballistic missiles shall either be retained
for government use or destroyed. United States
Government agencies may use such assets to launch
payloads into orbit on a case-by-case basis, with the
approval of the Secretary of Defense, when the following
conditions are met: (1) the payload supports the
sponsoring agency's mission; (2) such use is consistent
with the obligations of the United States under treaties
and other international agreements to which the United
States is a party, including the Missile Technology
Control Regime guidelines, the Strategic Arms Reduction
Treaty, and the Intermediate Nuclear Forces Treaty; and
(3) the sponsoring agency certifies that such use results
in a cost savings to the United States Government
compared to the use of available commercial launch
services that would also meet mission requirements,
including performance, schedule, and risk, and limits the
impact on the U.S. space transportation industry;
b) The United States Government encourages other nations
that possess excess ballistic missiles to limit their use
to government purposes only or destroy them. The
United States Government will consider on a case-by-case
basis requests from U.S. companies to use foreign excess
ballistic missiles for space launch purposes. Any such
use must be in conformity with arms control agreements,
U.S. nonproliferation policies, U.S. technology transfer
policies, and the Missile Technology Control Regime
guidelines; and
c) The United States Government shall consider on a case-by-
case basis requests to launch foreign space
transportation systems in the United States for
commercial purposes, including exhibitions and
demonstrations Any such use shall be subject to
interagency coordination and must be in conformity with
U.S. national security and foreign policy interests, arms
control agreements, U.S. nonproliferation policies, U.S.
technology transfer policies, the Missile Technology
Control Regime guidelines, and launch and re-entry
licensing regulations.
Implementing Actions
Within 180 days from the date of this directive, the Secretaries
of Defense, Commerce, and Transportation, the Director of
Central Intelligence, and the Administrator of the National
Aeronautics and Space Administration, as appropriate, shall
3
SECRET
RECORD ID: 0406926
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RECEIVED: 23 Sep 04
DOC DATE: 21 Dec 2004
SOURCE REF:
TO: AGENCIES (MISC)
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KEYWORDS: NSPD
SPACE PROGRAMS
PERSONS:
SUBJECT: NSPD ON SPACE TRANSPORTATION
ACTION: PRES SGD NSPD-40
DUE DATE: 27 Sep 04
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Steve,
I this all consisting
wf our discussions of
OMB?
Date
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6926
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20504
December 27, 2004
MEMORANDUM FOR RECIPIENTS OF NSPD-40
SUBJECT:
Distribution of NSPD-40
Attached is your agency's copy of National Security Presidential
Directive-40. Although the text of NSPD-40 is unclassified, we
ask that the distribution of this document be strictly
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for subsequent National Security Presidential Directives). Your
cooperation is appreciated.
Executive Gregory L. Secretary Schulte
10
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12
6926
THE WHITE HOUSE
WASHINGTON
December 21, 2004
NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD-40
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF COMMERCE
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF ENERGY
THE SECRETARY OF HOMELAND SECURITY
CHIEF OF STAFF TO THE PRESIDENT
DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET
ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY
AFFAIRS
ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
ASSISTANT TO THE PRESIDENT FOR DOMESTIC POLICY
ASSISTANT TO THE PRESIDENT FOR HOMELAND SECURITY
DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY
UNITED STATES TRADE REPRESENTATIVE
DIRECTOR OF CENTRAL INTELLIGENCE
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
DIRECTOR, NATIONAL SCIENCE FOUNDATION
SUBJECT:
U.S. Space Transportation Policy
This directive establishes national policy, guidelines, and
implementation actions for United States space transportation
programs and activities to ensure the Nation's ability to
maintain access to and use space for U.S. national and homeland
security, and civil, scientific, and commercial purposes. This
directive supersedes Presidential Decision Directive/National
Science and Technology Council-4, National Space Transportation
Policy, dated August 5, 1994, in whole, and the following
portions of Presidential Decision Directive/National Science and
Technology Council-8/National Security Council-49, National
Space Policy, dated September 14, 1996, that pertain to space
transportation programs and activities: Civil Space Guideline
3b, Defense Space Sector Guideline C, Commercial Space Guideline
5, and Intersector Guideline 2.
2
Background
For over four decades, U.S. space transportation capabilities
have helped the Nation secure peace and protect national
security, enabled the Nation to lead the exploration of our
solar system and beyond, and increased economic prosperity and
our knowledge of the Earth and its environment. Today, vital
national security, homeland security, and economic interests are
increasingly dependent on United States Government and
commercial space assets. U.S. space transportation capabilities
encompassing access to, transport through, and return from
space are the critical foundation upon which U.S. access to
and use of space depends.
In accordance with my direction in National Security
Presidential Directive-31, U.S. Space Exploration Policy, dated
January 14, 2004, the United States is embarking on a robust
space exploration program to advance U.S. scientific, security,
and economic interests. A central component of this program is
to extend human presence across the solar system, starting with
a human return to the Moon by the year 2020, in preparation for
human exploration of Mars and other destinations. The Space
Shuttle will be returned to flight as soon as practical, based
on the recommendations of the Columbia Accident Investigation
Board; used to complete assembly of the International Space
Station, planned for the end of this decade; and then retired.
A new crew exploration vehicle will be developed to provide crew
transportation for missions beyond low Earth orbit.
Access to space through U.S. space transportation capabilities
is essential to: (1) place critical United States Government
assets and capabilities into space; (2) augment space-based
capabilities in a timely manner in the event of increased
operational needs or minimize disruptions due to on-orbit
satellite failures, launch failures, or deliberate actions
against U.S. space assets; and (3) support government and
commercial human space flight. The United States, therefore,
must maintain robust, responsive, and resilient U.S. space
transportation capabilities to assure access to space. In doing
so, the United States will emphasize safety in flight and on the
ground.
Assuring access to space requires maintaining a viable space
transportation industrial and technology base. A significant
downturn in the market for commercial launch services has
undermined for the time being the ability of industry to recoup
its significant investment in current launch systems and
effectively precludes industry from sustaining a robust
3
industrial and technology base sufficient to meet all United
States Government needs. To assure access to space for
United States Government payloads, therefore, the United States
Government must provide sufficient and stable funding for
acquisition of U.S. space transportation capabilities in order
to create a climate in which a robust space transportation
industrial and technology base can flourish.
To exploit space to the fullest extent, however, requires a
fundamental transformation in U.S. space transportation
capabilities and infrastructure. In that regard, the
United States Government must capitalize on the entrepreneurial
spirit of the U.S. private sector, which offers new approaches
and technology innovation in U.S. space transportation, options
for enhancing space exploration activities, and opportunities to
open new commercial markets, including public space travel.
Further, dramatic improvements in the reliability,
responsiveness, and cost of space transportation would have a
profound impact on the ability to protect the Nation, explore
the solar system, improve lives, and use space for commercial
purposes. While there are both technical and budgetary
obstacles to achieving such capabilities in the near term, a
sustained national commitment to developing the necessary
technologies can enable a decision in the future to develop such
capabilities.
Goal and Objectives
The fundamental goal of this policy is to ensure the capability
to access and use space in support of national and homeland
security, civil, scientific, and economic interests. To achieve
this goal, the United States Government shall:
1) Ensure the availability of U.S. space transportation
capabilities necessary to provide reliable and affordable space
access, including access to, transport through, and return from
space;
2) Demonstrate an initial capability for operationally
responsive access to and use of space providing capacity to
respond to unexpected loss or degradation of selected
capabilities, and/or to provide timely availability of tailored
or new capabilities to support national security
requirements;
3), Develop space transportation capabilities to enable human
space exploration beyond low Earth orbit, consistent with the
4
direction contained in National Security Presidential Directive-
31, U.S. Space Exploration Policy, dated January 14, 2004;
4) Sustain a focused technology development program for next-
generation space transportation capabilities that dramatically
improve the reliability, responsiveness, and cost of access to,
transport through, and return from space, and enables a decision
to acquire these capabilities in the future;
5) Encourage and facilitate the U.S. commercial space
transportation industry to enhance the achievement of national
security and civil space transportation objectives, benefit the
U.S. economy, and increase the industry's international
competitiveness; and
6) Sustain and promote a domestic space transportation
industrial base, including launch systems, infrastructure, and
workforce, necessary to meet ongoing United States Government
national security and civil requirements.
Implementation of this directive shall be within the overall
policy and resource guidance of the President, the availability
of appropriations, and applicable law and regulations.
Implementation Guidelines
To achieve the goals of this directive, departments and agencies
shall take the following actions:
I. Assuring Access to Space
1) "Assured access" is a requirement for critical national
security, homeland security, and civil missions and is
defined as a sufficiently robust, responsive, and resilient
capability to allow continued space operations, consistent
with risk management and affordability. The Secretary of
Defense and the Administrator of the National Aeronautics
and Space Administration, as appropriate, are responsible
for assuring access to space.
2) The Secretary of Defense shall be the launch agent for the
national security sector and shall maintain the capability
to develop, evolve, operate, and purchase services for
those space transportation systems, infrastructure, and
support activities necessary to meet national security
requirements.
5
3) The Administrator of the National Aeronautics and Space
Administration shall be the launch agent for the civil
sector and shall maintain the capability to develop,
evolve, operate, and purchase services for those space
transportation systems, infrastructure, and support
activities necessary to meet civil requirements, including
the capability to conduct human and robotic space flight
for exploration, scientific, and other civil purposes. The
National Aeronautics and Space Administration shall engage
in development activities only for those requirements that
cannot be met by capabilities being used by the national
security or commercial sectors.
4) For the foreseeable future, the capabilities developed
under the Evolved Expendable Launch Vehicle program shall
be the foundation for access to space for intermediate and
larger payloads for national security, homeland security,
and civil purposes to the maximum extent possible
consistent with mission, performance, cost, and schedule
requirements. New U.S. commercial space transportation
capabilities that demonstrate the ability to reliably
launch intermediate or larger payloads will be allowed to
compete on a level playing field for United States
Government missions.
a) The Secretary of Defense shall maintain overall
management responsibilities for the Evolved Expendable
Launch Vehicle program and shall fund the annual fixed
costs for both launch services providers unless or until
such time as the Secretary of Defense, following
coordination with the Director of Central Intelligence
and the Administrator of the National Aeronautics and
Space Administration, certifies to the President that a
capability that reliably provides assured access to space
can be maintained without two Evolved Expendable Launch
Vehicle providers.
b) Not later than 2010, the Secretary of Defense, the
Director of Central Intelligence, and the Administrator
of the National Aeronautics and Space Administration
shall evaluate the long-term requirements, funding, and
management responsibilities for the Evolved Expendable
Launch Vehicle system(s and infrastructure. That
evaluation shall include recommending a proportionate
shift of the existing funding responsibility of the
Secretary of Defense to reflect any change to the balance
between national security and civil missions employing an
Evolved Expendable Launch Vehicle.
6
c) Any department or agency seeking to significantly modify
or develop new launch systems derived from the Evolved
Expendable Launch Vehicles or its major components,
including human rating, shall be responsible for any
necessary funding arrangements and shall coordinate with
the Secretary of Defense and, as appropriate, the
Secretaries of Commerce and Transportation and the
Administrator of the National Aeronautics and Space
Administration.
5) Before 2010, the United States shall demonstrate an initial
capability for operationally responsive access to and use
of space to support national security requirements. In
that regard, the Secretary of Defense, in coordination with
the Director of Central Intelligence, shall:
a) Develop the requirements and concept of operations for
launch vehicles, infrastructure, and spacecraft to
provide operationally responsive access to and use of
space to support national security, including the ability
to provide critical space capabilities in the event of a
failure of launch or on-orbit capabilities; and
b) Identify the key modifications to space launch,
spacecraft, or ground operations capabilities that will
be required to implement an operationally responsive
space launch capability.
6) The Federal space launch bases and ranges are vital
components of the U.S. space transportation infrastructure
and are national assets upon which access to space depends
for national security, civil, and commercial purposes. The
Secretary of Defense and the Administrator of the National
Aeronautics and Space Administration shall operate the
Federal launch bases and ranges in a manner so as to
accommodate users from all sectors; and shall transfer
these capabilities to a predominantly space-based range
architecture to accommodate, among others, operationally
responsive space launch systems and new users.
II. Space Exploration
1) The space transportation capabilities necessary to carry
out space exploration will be developed consistent with
National Security Presidential Directive-31, U.S. Space
Exploration Policy, dated January 14, 2004.
7
2) Consistent with that direction, the Administrator of the
National Aeronautics and Space Administration shall
develop, in cooperation with the Secretary of Defense as
appropriate, options to meet potential exploration-unique
requirements for heavy lift beyond the capabilities of the
existing Evolved Expendable Launch Vehicles.
a) These options will emphasize the potential for using
derivatives of the Evolved Expendable Launch Vehicles to
meet space exploration requirements. In addition, the
Administrator shall evaluate the comparative costs and
benefits of a new dedicated heavy-lift launch vehicle or
options based on the use of Shuttle-derived systems.
b) The Administrator and the Secretary shall jointly submit
to me a recommendation regarding the preferred option to
meet future heavy-lift requirements. This recommendation
will include an assessment of the impact on national
security, civil, and commercial launch activities and the
space transportation industrial base.
III. Transformation of Space Transportation Capabilities
1) The United States shall sustain a focused technology
development program for next-generation space
transportation capabilities to transform U.S. access to and
use of space. In that regard, the Secretary of Defense and
the Administrator of the National Aeronautics and Space
Administration, in cooperation with industry as
appropriate, shall:
a) Within two years of the date of this directive develop
the requirements, concept of operations, technology
roadmaps, and investment strategy for next-generation
space transportation capabilities with the objective of
dramatically improving the reliability, responsiveness,
and cost of Earth-to-orbit space transportation for
deployment of spacecraft and other payloads in Earth
orbit, exclusive of human space flight; and
b) Pursue research and development of in-space
transportation capabilities to enable responsive space
transportation capabilities and the transformation of the
Nation's ability to navigate in space. These efforts
shall include, but not be limited to: automated
rendezvous and docking, and the ability to deploy,
service, and retrieve payloads or spacecraft in Earth
orbit. The Administrator of the National Aeronautics and
8
Space Administration, in cooperation with the Secretary
of Energy and other departments and agencies as
appropriate, shall pursue research and development of
space nuclear power and advanced propulsion technologies
to more quickly, affordably, and safely expand the reach
of exploration into the solar system and beyond.
IV. Commercial Space Transportation
1) The United States Government is committed to encouraging
and facilitating a viable U.S. commercial space
transportation industry that supports U.S. space
transportation goals, benefits the U.S. economy, and is
internationally competitive. Toward that end,
United States Government departments and agencies shall:
a) Purchase commercially available U.S. space transportation
products and services to the maximum extent possible,
consistent with mission requirements and applicable law;
b) Provide a timely and responsive regulatory environment
for licensing commercial space launch and reentry
activities;
c) Maintain, subject to periodic review and the
competitiveness of U.S. industry, the liability risk-
sharing regime for U.S. commercial space transportation
activities set forth in the Commercial Space Launch Act,
as amended (49 USC, Subtitle IX, Chapter 701), including
provisions for indemnification by the United States
Government;
d) Refrain from conducting activities with commercial
applications that preclude, deter, or compete with U.S.
commercial space transportation activities, unless
required by national security;
e) Involve the U.S. private sector in the design and
development of space transportation capabilities to meet
United States Government needs;
f) Provide stable and predictable access to the Federal
space launch bases and ranges, and other government
facilities and services, as appropriate, for commercial
purposes on a direct-cost basis, as defined in the
Commercial Space Launch Act, as amended (49 USC, Subtitle
IX, Chapter 701) The United States Government reserves
the right to use such facilities and services on a
9
priority basis to meet national security and critical
civil mission requirements;
g) Encourage private sector and state and local government
investment and participation in the development and
improvement of space infrastructure, including non-
Federal launch and reentry sites; and
h) Provide for the private sector retention of technical
data rights in acquiring space transportation
capabilities, limited only to the extent necessary to
meet United States Government needs.
2) The Secretary of Transportation shall license and have
safety oversight responsibility for commercial launch and
reentry operations and for operation of non-Federal launch
and reentry sites, as set forth in the Commercial Space
Launch Act, as amended (49 USC, Subtitle IX, Chapter 701),
and Executive Order 12465. The Secretary of Transportation
shall coordinate with the Secretary of Defense, the
Administrator of the National Aeronautics and Space
Administration, and other United States Government
departments and agencies, as appropriate.
a) The Secretaries of Transportation and Defense shall
establish common public safety requirements and other
common standards, as appropriate, taking into account
launch vehicle type and concept of operation, for
launches from Federal and non-Federal launch sites. The
Secretaries of Transportation and Defense shall
coordinate these requirements with the Administrator of
the National Aeronautics and Space Administration and
other departments and agencies as appropriate.
3) The Secretaries of Commerce and Transportation shall
encourage, facilitate, and promote U.S. commercial space
transportation activities, including commercial human space
flight.
V. U.S. Space Transportation Industrial and Technology Base
1) A viable domestic industrial and technology base is the
foundation of a successful U.S. space transportation
capability and is critical to assuring access to space for
national security and civil purposes. To assure access to
space and ensure national security and civil space
transportation needs will continue to be met in the future:
10
a) United States Government payloads shall be launched on
space launch vehicles manufactured in the United States,
unless exempted by the Director of the Office of Science
and Technology Policy, in consultation with the Assistant
to the President for National Security Affairs.
- This policy does not apply to, use of foreign launch
vehicles on a no-exchange-of-funds basis to support
the following: flight of scientific instruments on
foreign spacecraft, international scientific programs,
or other cooperative government-to-government
programs. This policy also does not apply to the use
of foreign launch vehicles to launch United States
Government secondary scientific payloads for which no
U.S. launch service is available.
The proposed use of a non-U.S. -manufactured launch
vehicle will be subject to interagency coordination as
early in the program as possible and prior to the
sponsoring department's or agency's request for
authority to negotiate and conclude an agreement.
Interagency coordination will take into account
national security and foreign policy concerns, civil
and scientific interests, and the performance,
availability, and economic and budgetary
considerations associated with use of the proposed
launch vehicle.
b) The use of foreign components or technologies, and the
participation of foreign governments and entities, in
current and future U.S. space transportation systems is
permitted consistent with U.S. law and regulations, as
well as nonproliferation, national security, and foreign
policy goals and commitments and U.S. obligations under
the Strategic Arms Reduction Treaty, Intermediate Nuclear
Forces Treaty, and the Missile Technology Control Regime.
Such use or participation will not be permitted where it
could result in critical national security or civil space
launches being jeopardized by delays or disruptions in
receipt of foreign-produced systems, components,
technology, or expertise.
VI. Nonproliferation and Use of Excess Ballistic Missiles
1) In order to prevent the proliferation of missile technology
and to limit the adverse impact of use of excess ballistic
missiles on U.S. space transportation capabilities:
11
a) Excess U.S. ballistic missiles shall either be retained
for government use or destroyed. United States
Government agencies may use such assets to launch
payloads into orbit on a case-by-case basis, with the
approval of the Secretary of Defense, when the following
conditions are met: (1) the payload supports the
sponsoring agency's mission; (2) such use is consistent
with the obligations of the United States under treaties
and other international agreements to which the United
States is a party, including the Missile Technology
Control Regime guidelines, the Strategic Arms Reduction
Treaty, and the Intermediate Nuclear Forces Treaty; and
(3) the sponsoring agency certifies that such use results
in a cost savings to the United States Government
compared to the use of available commercial launch
services that would also meet mission requirements,
including performance, schedule, and risk, and limits the
impact on the U.S. space transportation industry;
b) The United States Government encourages other nations
that possess excess ballistic missiles to limit their use
to government purposes only or destroy them. The
United States Government will consider on a case-by-case
basis requests from U.S. companies to use foreign excess
ballistic missiles for space launch purposes. Any such
use must be in conformity with arms control agreements,
U.S. nonproliferation policies, U.S. technology transfer
policies, and the Missile Technology Control Regime
guidelines; and
c) The United States Government shall consider on a case-by-
case basis requests to launch foreign space
transportation systems in the United States for
commercial purposes, including exhibitions and
demonstrations. Any such use shall be subject to
interagency coordination and must be in conformity with
U.S. national security and foreign policy interests, arms
control agreements, U.S. nonproliferation policies, U.S.
technology transfer policies, the Missile Technology
Control Regime guidelines, and launch and re-entry
licensing regulations.
Implementing Actions
Within 180 days from the date of this directive, the Secretaries
of Defense, Commerce, and Transportation, the Director of
Central Intelligence, and the Administrator of the National
Aeronautics and Space Administration, as appropriate, shall
12
jointly submit to me a national space transportation strategy
that includes requirements, implementation plans, schedules, and
resources required for:
1) Reliable, and affordable space access, including assuring
access to space for critical national security and civil
missions. The strategy shall address how the Evolved Expendable
Launch Vehicle program will be managed through 2009, and efforts
to modernize the Federal space launch bases and ranges;
2) Demonstration of an initial capability for operationally
responsive access to and use of space to support national
security requirements;
3) Access to, transport through, and return from space for space
exploration, including options to meet exploration-unique
requirements for heavy lift beyond the capabilities of existing
launch vehicles;
4) Focused technology development efforts to transform U.S.
access to and use of space, including development of next-
generation space transportation capabilities for deployment of
spacecraft or other payloads in Earth orbit and in-space
transportation; and
5) Measures to encourage and facilitate the U.S. commercial
space transportation industry to enhance the achievement of
national security and civil space transportation objectives,
benefit the U.S. economy, and increase the industry's
international competitiveness. The strategy shall, consider the
development of markets and plans for commercial human space
flight.
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P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 3/22/2016
by MAC
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FORM
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DATE
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Memorandum
Space Transportation National Security Presidential Directive (NSPD) -
2
11/29/2004 P5;
To: Condoleezza Rice - From: Gil Klinger
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COLLECTION:
National Security Council - Defense Policy and Strategy
SERIES:
Klinger, Gil
FOLDER TITLE:
U.S. Space Transportation \ EELV (Evolved Expendable Launch Vehicle) 2002 - 2004: Launch [1]
FRC ID:
FOIA IDs and Segments:
37072
2014-0427-F
OA Num.:
NSC 2834
NARA Num.:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 3/22/2016
by MAC
Withdrawal Marker
The George W. Bush Library
FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
Memorandum
Space Transportation National Security Presidential Directive (NSPD) -
2
N.D.
P5;
To: POTUS - From: Condoleezza Rice
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
National Security Council - Defense Policy and Strategy
SERIES:
Klinger, Gil
FOLDER TITLE:
U.S. Space Transportation EELV (Evolved Expendable Launch Vehicle) 2002 - 2004: Launch [1]
FRC ID:
FOIA IDs and Segments:
37072
2014-0427-F
OA Num.:
NSC 2834
NARA Num.:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 3/22/2016
by MAC
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Draft
U.S. Space Transportation Policy
12
N.D.
P5;
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
National Security Council - Defense Policy and Strategy
SERIES:
Klinger, Gil
FOLDER TITLE:
U.S. Space Transportation \ EELV (Evolved Expendable Launch Vehicle) 2002 - 2004: Launch [1]
FRC ID:
FOIA IDs and Segments:
37072
2014-0427-F
OA Num.:
NSC 2834
NARA Num.:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 3/22/2016
by MAC
OCT.29.2004 10:32AM
NO.993
P.2
18
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Director of Central Intelligence
Washington, D.C. 20505
28 October 2004
MEMORANDUM FOR: Condoleezza Rice
Assistant to the President
for National Security Affairs
SUBJECT:
U.S. Space Transportation Policy
REFERENCE:
Your memo to DCI, dtd 15 Sept 04,
Same Subject
(FOUO) I appreciate the opportunity to review and
coordinate on the draft National Security Presidential Directive
on Space Transportation Policy. The continued assurance of
access to and utilization of space are important factors in the
Intelligence Community's capability to carry out its mission in
meeting today's and future national and homeland security
challenges. I concur with the draft policy.
Porter J Goss
UNCLASSIFIED//FOR OFFICIAL USE ONLY
NAME 8 PATRICT
#6019
The Secretary of Energy
THE STATE 80
Washington, DC 20585
October 25, 2004
The Honorable Condoleezza Rice
Assistant to the President
for National Security Affairs
The White House
Washington, DC 20500
Dear Dr. Rice:
We have reviewed and concur with the proposed U.S. Space Transportation
Policy provided in your September 15, 2004, letter. The Department of Energy
will support the National Aeronautics and Space Administration in the
development of the national space transportation strategy prescribed in the policy,
with the understanding that the National Aeronautics and Space Administration
will bear appropriate costs for system development efforts.
Sincerely,
Samen Alusha
Spencer Abraham
Printed on recycled paper
20
DOT
Alexander, Bretton S. (OSTP)
From:
Robinson, Maurice C. (RECORDS)
Sent:
Friday, October 01, 2004 11:56 AM
To:
@Defense
Cc:
@EXECSEC; @APNSA; @West Wing Desk
Subject:
Pkg #6019 - U.S. Space Transportation Policy [UNCLASSIFIED, Record]
Per Matthew Vachon, the Secretary of Transportation concurs with Pkg #6019, U.S Space Transportation Policy
1
U.S. Department of Homeland Security
21
Washington, DC 20528
04 2118
35 DEPARTMENT OF
Homeland
HOMELAND SECURITY
Security
October 15, 2004
MEMORANDUM FOR GREGORY L. SCHULTE
THE EXECUTVE SECRETARY
NATIONAL SECURITY COUNCIL
SUBJECT: Concurrence on the Draft NSPD on Space Transportation
Please accept this response to the memorandum dated September 15, 2004, from Dr.
Condoleezza Rice, Assistant to the President for National Security Affairs. The Secretary
and the Department of Homeland Security (DHS) concur with the draft NSPD on U.S.
Space Transportation Policy.
Ken Hill
Kenneth J. Hill
Executive Secretary
www.dhs.gov
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Email
RE: Questions on Space Transportation Draft NSPD - To: Klinger, Gil -
1
11/24/2004
P5;
From: Burks, Jonathan
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
National Security Council - Defense Policy and Strategy
SERIES:
Klinger, Gil
FOLDER TITLE:
U.S. Space Transportation EELV (Evolved Expendable Launch Vehicle) 2002 - 2004: Launch [1]
FRC ID:
FOIA IDs and Segments:
37072
2014-0427-F
OA Num.:
NSC 2834
NARA Num.:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA].
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 3/22/2016
by MAC
23
Message
Page 1 of 1
Klinger, Gil I.
From: Grady, Christopher W.
Sent:
Wednesday, October 06, 2004 1:40 PM
To:
DL-NSC-Defense Policy and Arms Control; DL-NSC-West Wing Desk
Cc:
DL-NSC-Executive Secretary
Subject: FW: draft NSPD on Space Transportation
USTR clears!
v/r
Chris
C. W. GRADY
CDR
USN
Deputy Executive Secretary
National Security Council
Original Message
From: Thompson, Kimberly
Sent: Wednesday, October 06, 2004 1:29 PM
To: Grady, Christopher W.
Subject: FW: draft NSPD on Space Transportation
Chris-- USTR clears on the NSPD on Space Transportation.
Also, Ambassador Zoellick is traveling next week and the beginning of the following week, as we discussed.
Thanks, Kimberly
Original Message
From: Schagrin, Kenneth
Sent: Wednesday, October 06, 2004 12:27 PM
To: Thompson, Kimberly
Cc: Alexander, Bretton S.
Subject: draft NSPD on Space Transportation
Kimberly:
I received this from the NSC dated September 15, it looks ok to me, so USTR can send its concurrence to the
NSC exec sec. Thanks.
Ken
10/6/2004
24
Klinger, Gil I. (DEFENSE)
From:
Werkhoven, Kristin M. (RECORDS)
Sent:
Tuesday, October 05, 2004 4:00 PM
To:
Klinger, Gil I. (DEFENSE)
Cc:
@West Wing Desk; @EXECSEC; @Defense
Subject:
6019-- Commerce Clearance for NSPD on Space Transportation [UNCLASSIFIED, Record]
Per Ed Levy of Commerce (202-482-3934), Commerce has no comments for this tasker.
1
25
&
PRESIDENT
STATES STATE SECUIITY UNITED CHECK MIX OFFICE DD STAR
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
THE DIRECTOR
September 30, 2004
MEMORANDUM FOR CONDOLEEZZA RICE
FROM:
Joshua B. Bolten enJoy
SUBJECT:
Coordination for a Draft National Security Presidential Directive
(NSPD) on Space Transportation
I am responding to your memorandum of September 15, 2004 seeking concurrence on the
Draft Space Transportation NSPD. I commend your staff for their excellent effort in developing
this NSPD and working through a host of complex issues affecting space transportation. I
concur with the current draft.
Message
Page 1 of 1
26
Klinger, Gil I.
From: Millison, Cathy L.
Sent:
Thursday, September 30, 2004 3:40 PM
To:
DL-NSC-Defense Policy and Arms Control
Cc:
DL-NSC-Executive Secretary; DL-NSC-Records Management
Subject: FW: Draft NSPD on Space Transportation
FYI
Original Message
From: Langer, Elliott M.
Sent: Thursday, September 30, 2004 3:35 PM
To: DL-NSC-Executive Secretary
Cc: DL-HSC-EXECSEC
Subject: Draft NSPD on Space Transportation
HSC clears with out comment. Thanks
Elliott
9/30/2004
27
200422163
United States Department of State
Washington, D.C. 20520
September 30, 2004
UNCLASSIFIED
MEMORANDUM FOR GREGORY L. SCHULTE
EXECUTIVE SECRETARY
NATIONAL SECURITY COUNCIL
SUBJECT: National Space Transportation Policy
The State Department concurs with the draft National Security
Presidential Directive on National Space Transportation Policy that was
distributed by the President's Assistant for National Security Affairs on
September 15, 2004.
Karl Hofmann
Executive Secretary
UNCLASSIFIED
28
National Aeronautics and
Space Administration
Office of the Administrator
NASA
Washington, DC 20546-0001
September 20, 2004
Dr. Condoleezza Rice
Assistant to the President for National Security Affairs
The National Security Council
Executive Office of the President
Washington, DC 20504
Dear Dr. Rice:
In response to your memorandum dated September 15, 2004, the National
Aeronautics and Space Administration is pleased to concur with the draft National
Security Presidential Directive on Space-Based Positioning, Navigation, and Timing.
Cordially,
5m Sean OK O'Keefe
Administrator
6019 29
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
WASHINGTON, D.C. 20502
September 24, 2004
MEMORANDUM FOR CONDOLEEZZA RICE
Assistant to the President for National Security Affairs
SUBJECT:
U.S. Space Transportation Policy
The Office of Science and Technology Policy concurs with on the draft National Security
Presidential Directive on U.S. Space Transportation Policy, dated September 15, 2004.
Sincerely,
John H. Marburger, III
Director
NOV-10-04 15:17 FROM = DIR, SPACE. 5 r 5
ID: 7036022926
PAGE 2/4
30
STATEMENT OF
OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE
2900 DEFENSE PENTAGON
WASHINGTON, DC 20301-2900
INITED STATES of THEMICA
16 NOV 2004
INTERNATIONAL SECURITY
POLICY
MEMORANDUM FOR NATIONAL SECURITY COUNCIL, DIRECTOR FOR
SPACE POLICY
SUBJECT: Review of Draft National Security Presidential Directive (NSPD) on
U.S. Space Transportation Policy
The Department has reviewed the draft NSPD on U.S. Space Transportation
Policy and concurs subject to the inclusion of the attached changes. These changes
reflect those originally provided to your office by Dr. Ryan Henry, PDUSD (Policy),
on November 8, 2004 and subsequently amended by Dr. Cambone, USD (Intelligence)
on November 10, 2004. These changes also reflect the position of the Joint Staff.
DAVID P. TROTTIER
Colonel, USAF
Director, Space Policy
Changes
Ande
OK "/17