General Policy Issues
National Space Policy
On June 28, 2010, President Obama issued a National Space Policy directive providing comprehensive guidance for all government activities in space, including the commercial, civil, and national security space sectors. The new policy leans farther forward in support of U.S. business interests than any previous space policy.
The principles section of the policy states, "The United States is committed to encouraging and facilitating the growth of a U.S. commercial space sector that supports U.S. needs, is globally competitive, and advances U.S. leadership in the generation of new markets and innovation-driven entrepreneurship."
The first of the six stated policy goals is to "Energize competitive domestic industries to participate in global markets and advance the development of: satellite manufacturing; satellite-based services; space launch; terrestrial applications; and increased entrepreneurship."
View the policy at whitehouse.gov... View the Presidential statement at whitehouse.gov... View the Commerce press release on the policy...Commercial Space Guidelines
The policy includes a set of Commercial Space Guidelines directing the U.S. Government to:
- Purchase and use commercial space capabilities and services to the maximum practical extent when such capabilities and services are available in the marketplace and meet United States Government requirements;
- Modify commercial space capabilities and services to meet government requirements when existing commercial capabilities and services do not fully meet these requirements and the potential modification represents a more cost-effective and timely acquisition approach for the government;
- Actively explore the use of inventive, nontraditional arrangements for acquiring commercial space goods and services to meet United States Government requirements, including measures such as public-private partnerships, hosting government capabilities on commercial spacecraft, and purchasing scientific or operational data products from commercial satellite operators in support of government missions;
- Develop governmental space systems only when it is in the national interest and there is no suitable, cost-effective U.S. commercial or, as appropriate, foreign commercial service or system that is or will be available;
- Refrain from conducting United States Government space activities that preclude, discourage, or compete with U.S. commercial space activities, unless required by national security or public safety;
- Pursue potential opportunities for transferring routine, operational space functions to the commercial space sector where beneficial and cost-effective, except where the government has legal, security, or safety needs that would preclude commercialization;
- Cultivate increased technological innovation and entrepreneurship in the commercial space sector through the use of incentives such as prizes and competitions;
- Ensure that United States Government space technology and infrastructure are made available for commercial use on a reimbursable, noninterference, and equitable basis to the maximum practical extent;
- Minimize, as much as possible, the regulatory burden for commercial space activities and ensure that the regulatory environment for licensing space activities is timely and responsive;
- Foster fair and open global trade and commerce through the promotion of suitable standards and regulations that have been developed with input from U.S. industry;
- Encourage the purchase and use of U.S. commercial space services and capabilities in international cooperative arrangements; and
- Actively promote the export of U.S. commercially developed and available space goods and services, including those developed by small- and medium-sized enterprises, for use in foreign markets, consistent with U.S. technology transfer and nonproliferation objectives.
The guidelines define "commercial" space as referring to goods, services, or activities provided by private sector enterprises that bear a reasonable portion of the investment risk and responsibility for the activity, operate in accordance with typical market-based incentives for controlling cost and optimizing return on investment, and have the legal capacity to offer these goods or services to existing or potential nongovernmental customers.
Other Relevant Provisions
In addition to the Commercial Space Guidelines, the National Space Policy includes various other provisions affecting space commerce. These include:
- Direction for NASA to seek partnerships with the private sector to enable safe, reliable, and cost-effective commercial spaceflight capabilities and services for the transport of crew and cargo to and from the International Space Station;
- Direction in the international cooperation section to facilitate new market opportunities for U.S. commercial space capabilities and services, including commercially viable terrestrial applications that rely on government-provided space systems;
- Direction in the export policy section to enhance the competitiveness of the U.S. space industrial base while also addressing national security needs;
- Direction to develop, maintain, and retain skilled space professionals in government and commercial workforces;
- Recognition of hosted payload arrangements in guidance addressing assured access to space;
- Recognition of commercial sources and users in guidance addressing space situational awareness, orbital tracking information, and near-Earth object detection;
- Recognition of U.S. commercial space users in guidance addressing radiofrequency spectrum and interference protection;
- Reaffirmation that civil GPS access will remain continuous, worldwide, and free of direct user charges;
- Restatement of NOAA's role in licensing commercial remote sensing systems;
Functional Space Policies
The 2010 National Space Policy replaces several space policies from previous administrations while retaining the following ones until further notice. These so-called "functional" policies provide detailed guidance on specific space activities within the general framework of the National Space Policy.
- U.S. Space Transportation Policy (2005)
- U.S. Spaced-Based Positioning, Navigation, and Timing Policy (2004)
- U.S. Commercial Remote Sensing Space Policy (2003)
Space Interagency Policy Committee (Space IPC)
President Obama established a series of Interagency Policy Committees (IPC's) to manage the development and implementation of national policies. There is a Space IPC that includes the Department of Commerce as a member to represent the interests of the U.S. commercial space sector as well as NOAA's civilian space program.
During his presidential campaign, President Obama pledged to establish a National Space Council in some form. The purpose, as described by President Obama, was to oversee and coordinate commercial, civilian, and national security space activities. In practice, the Administration found that a strengthened interagency process, led by the National Security Council and the Office of Science and Technology Policy, met the intent of President Obama's promise and achieved the goals he described during his campaign. The 2010 National Space Policy is a manifestation of the interagency coordination through the Space IPC.
The following organizations support the Department of Commerce's participation on the Space IPC:
- Office of Space Commercialization
- NOAA
- International Trade Administration
- National Telecommunications and Information Administration
- Bureau of Industry and Security
Presentations & Reports
In 2009, several independent groups provided recommendations to the government on the future of the nation's civil space program. These recommendations were considered during the development of the 2010 National Space Policy.
- Final Report of the Review of U.S. Human Spaceflight Plans Committee, October 2009 -- In May 2009, the White House commissioned a blue-ribbon review team (commonly known as the Augustine Committee) to re-evaluate the 2004 Vision for Space Exploration. Their report recognizes the value that the commercial space industry has to offer to the government and recommends that NASA encourage and use more commercial space services to support future human space missions.
- America's Future in Space: Aligning the Civil Space Program with National Needs, July 2009 -- The National Research Council of the National Academies published this report, calling for a closer connection between U.S. space activities and broader national imperatives such as clean energy, climate and environmental monitoring, and foreign diplomacy.