[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Presidential Documents]
[Pages 81755-81773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27892]



[[Page 81753]]

Vol. 85

Wednesday,

No. 242

December 16, 2020

Part VI





The President





-----------------------------------------------------------------------



Memorandum of December 9, 2020--The National Space Policy



Memorandum of December 10, 2020--Providing an Order of Succession 
Within the Office of Personnel Management


                        Presidential Documents 



Federal Register / Vol. 85 , No. 242 / Wednesday, December 16, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 81755]]

                Memorandum of December 9, 2020

                
The National Space Policy

                Memorandum for the Vice President[,] the Secretary of 
                State[,] the Secretary of Defense[,] the Attorney 
                General[,] the Secretary of the Interior[,] the 
                Secretary of Commerce[,] the Secretary of 
                Transportation[,] the Secretary of Energy[,] the 
                Secretary of Homeland Security[,] the Director of the 
                Office of Management and Budget[,] the Director of 
                National Intelligence[,] the Assistant to the President 
                for National Security Affairs[,] the Administrator of 
                the National Aeronautics and Space Administration[,] 
                the Director of the Office of Science and Technology 
                Policy[, and] the Chairman of the Joint Chiefs of Staff

                Section 1. References. This directive supersedes 
                Presidential Policy Directive-4 (June 29, 2010) and 
                references, promotes, and reemphasizes the following 
                policy directives and memoranda:

                    a) Presidential Policy Directive 26--National Space 
                Transportation Policy (November 21, 2013)
                    b) Executive Order 13803--Reviving the National 
                Space Council (June 30, 2017)
                    c) Space Policy Directive 1--Reinvigorating 
                America's Human Space Exploration Program (December 11, 
                2017)
                    d) The National Space Strategy (March 23, 2018)
                    e) Space Policy Directive 2--Streamlining 
                Regulations on Commercial Use of Space (May 24, 2018)
                    f) Space Policy Directive 3--National Space Traffic 
                Management Policy (June 18, 2018)
                    g) Space Policy Directive 4--Establishment of the 
                United States Space Force (February 19, 2019)
                    h) National Security Presidential Memorandum 20--
                Launch of Spacecraft Containing Space Nuclear Systems 
                (August 20, 2019)
                    i) Executive Order 13906--Amending Executive Order 
                13803--Reviving the National Space Council (February 
                13, 2020)
                    j) Executive Order 13905--Strengthening National 
                Resilience Through Responsible Use of Positioning, 
                Navigation, and Timing Services (February 12, 2020)
                    k) Executive Order 13914--Encouraging International 
                Support for the Recovery and Use of Space Resources 
                (April 6, 2020)
                    l) Space Policy Directive 5--Cybersecurity 
                Principles for Space Systems (September 4, 2020)

                Sec. 2. Principles. It is the policy of the United 
                States to ensure that space operations are consistent 
                with the following principles.

                    1. It is the shared interest of all nations to act 
                responsibly in space to ensure the safety, stability, 
                security, and long-term sustainability of space 
                activities. Responsible space actors operate with 
                openness, transparency, and predictability to maintain 
                the benefits of space for all humanity.
                    2. A robust, innovative, and competitive commercial 
                space sector is the source of continued progress and 
                sustained United States leadership in

[[Page 81756]]

                space. The United States remains committed to 
                encouraging and facilitating the continued growth of a 
                domestic commercial space sector that is globally 
                competitive, supports national interests, and advances 
                United States leadership in the generation of new 
                markets and innovation-driven entrepreneurship.
                    3. In this resurgent era of space exploration, the 
                United States will expand its leadership alongside 
                nations that share its democratic values, respect for 
                human rights, and economic freedom. Those values will 
                extend with us to all space destinations as the United 
                States once again steps beyond Earth, starting with the 
                Moon and continuing to Mars.
                    4. As established in international law, outer 
                space, including the Moon and other celestial bodies, 
                is not subject to national appropriation by claim of 
                sovereignty, by means of use or occupation, or by any 
                other means. The United States will pursue the 
                extraction and utilization of space resources in 
                compliance with applicable law, recognizing those 
                resources as critical for sustainable exploration, 
                scientific discovery, and commercial operations.
                    5. All nations have the right to explore and to use 
                space for peaceful purposes and for the benefit of all 
                humanity, in accordance with applicable law. Consistent 
                with that principle, the United States will continue to 
                use space for national security activities, including 
                for the exercise of the inherent right of self-defense. 
                Unfettered access and freedom to operate in space is a 
                vital national interest.
                    6. The United States considers the space systems of 
                all nations to have the right to pass through and 
                conduct operations in space without interference. 
                Purposeful interference with space systems, including 
                supporting infrastructure, will be considered an 
                infringement of a nation's rights. Consistent with the 
                defense of those rights, the United States will seek to 
                deter, counter, and defeat threats in the space domain 
                that are hostile to the national interests of the 
                United States and its allies. Any purposeful 
                interference with or an attack upon the space systems 
                of the United States or its allies that directly 
                affects national rights will be met with a deliberate 
                response at a time, place, manner, and domain of our 
                choosing.

                Sec. 3. Goals. The United States shall:

                    1. Promote and incentivize private industry to 
                facilitate the creation of new global and domestic 
                markets for United States space goods and services, and 
                strengthen and preserve the position of the United 
                States as the global partner of choice for 
                international space commerce.
                    2. Encourage and uphold the rights of nations to 
                use space responsibly and peacefully by developing and 
                implementing diplomatic, economic, and security 
                capabilities and strategies to identify and respond to 
                behaviors that threaten those rights.
                    3. Lead, encourage, and expand international 
                cooperation on mutually beneficial space activities 
                that broaden and extend the benefits of space for all 
                humanity; further the exploration and use of space for 
                peaceful purposes; protect the interests of the United 
                States, its allies, and partners; advance United States 
                interests and values; and enhance access to space-
                derived information and services.
                    4. Create a safe, stable, secure, and sustainable 
                environment for space activities, in collaboration with 
                industry and international partners, through the 
                development and promotion of responsible behaviors; 
                improved practices for the collection and sharing of 
                information on space objects; protection of critical 
                space systems and supporting infrastructures, with 
                special attention to cybersecurity and supply chains; 
                and measures to mitigate orbital debris.
                    5. Increase the assurance of national critical 
                functions enabled by commercial, civil, scientific, and 
                national security spacecraft and supporting 
                infrastructure against disruption, degradation, and 
                destruction through the development and fielding of 
                materiel and non-materiel capabilities and rehearsal of 
                continuity of operations practices.

[[Page 81757]]

                    6. Extend human economic activity into deep space 
                by establishing a permanent human presence on the Moon, 
                and, in cooperation with private industry and 
                international partners, develop infrastructure and 
                services that will enable science-driven exploration, 
                space resource utilization, and human missions to Mars.
                    7. Increase the quality of life for all humanity 
                through the cultivation, maturation, and development of 
                space-enabled scientific and economic capabilities, 
                including space and Earth resource discovery, 
                management, and utilization; space and Earth weather 
                and environmental monitoring and prediction; disaster 
                monitoring, prediction, response, and recovery; and 
                planetary defense.
                    8. Preserve and expand United States leadership in 
                the development of innovative space technologies, 
                services, and operations. Work with likeminded 
                international and private partners, to prevent the 
                transfer of sensitive space capabilities to those who 
                threaten the interests of the United States, its 
                allies, and its supporting industrial base.

                Sec. 4. Cross-sector Space Policy Guidelines. The heads 
                of all executive departments and agencies (agencies), 
                consistent with their respective missions and 
                authorities, shall execute the guidance provided in 
                this section consistent with applicable law.

                Heads of agencies with representation on the National 
                Space Council shall designate a senior official with 
                responsibility for overseeing their respective agency's 
                implementation of the National Space Policy. This 
                official shall periodically report to the National 
                Space Council on the progress of implementation of this 
                policy within respective agencies.

                    1. Foundational Activities and Capabilities. 
                Foundational activities and capabilities enable the 
                United States to fulfill the principles and goals 
                directed in this policy.

(a) Strengthen United States Leadership in Space-related Science and 
Technology. Heads of agencies shall:

  i. Reinforce United States technological leadership by promoting 
technology development; improved industrial capacity; a robust supplier 
base; and science, technology, engineering, and mathematics (STEM) 
education opportunities necessary to support United States leadership in 
space innovation;

  ii. Conduct basic and applied research that increases space capabilities 
and decreases costs, if such research is best supported by the Government; 
and

  iii. Encourage commercial space innovation and entrepreneurship through 
targeted investment in promising technologies that improve the Nation's 
leadership in space operations.

(b) Strengthen and Secure the United States Space Industrial Base. To 
further foster the security and resilience of the domestic space industrial 
base, heads of agencies, to the maximum extent practicable and consistent 
with applicable law, shall:

  i. Promote the availability of space-related industrial capabilities in 
support of national critical functions;

  ii. Identify suppliers and manufacturers key to the United States space-
related science, technology, and industrial bases and incentivizing them to 
remain in, or return to, the United States;

  iii. Support innovative entrepreneurial space companies through 
appropriate deregulatory actions;

  iv. Strengthen the security, integrity, and reliability of the supply 
chains of United States space-related science, technology, and industrial 
bases by identifying and eliminating dependence on suppliers owned by, 
controlled by, or subject to the jurisdiction or direction of foreign 
adversaries,

[[Page 81758]]

and engaging with United States and international industrial partners to 
improve processes and effectively manage and secure supply chains; and

  v. Incorporate cybersecurity principles across all phases of space 
systems design, development, acquisition, and deployment.

(c) Enhance Capabilities for Assured Access to Space. United States access 
to space depends in the first instance on assured launch capabilities. To 
the extent consistent with applicable law, United States Government 
payloads shall be launched on vehicles manufactured in the United States, 
unless approved for foreign launch in support of:

  i. No-exchange-of-funds agreements involving international scientific 
programs, launches of scientific instruments on international spacecraft, 
or other cooperative government-to-government agreements;

  ii. Launches of secondary-technology demonstrators or scientific payloads 
for which no United States launch service is available;

  iii. Hosted payload arrangements on spacecraft not owned by the United 
States Government; or

  iv. Other circumstances on a case-by-case exemption as coordinated by the 
Assistant to the President for National Security Affairs and the Director 
of the Office of Science and Technology Policy, consistent with established 
interagency standards and coordination guidelines.

  v. To the maximum extent practicable and consistent with their 
responsibilities and applicable law, the heads of agencies shall:

1. Work collaboratively to acquire space launch services and hosted 
Government payload arrangements that are secure, reliable, cost-effective, 
and responsive to United States Government needs;

2. Enhance operational efficiency, increase capacity, and reduce launch 
costs by investing in the modernization of space launch infrastructure;

3. Permit the launch of United States Government spacecraft manufactured in 
the United States from territories of allied and likeminded nations when 
launched on vehicles manufactured in the United States; and

4. When sufficient United States commercial capabilities and services do 
not exist, support industry-led efforts to rapidly develop new and 
modernized launch systems and technologies necessary to assure and to 
sustain future reliable, resilient, and efficient access to space.

(d) Safeguard Space Components of Critical Infrastructure. The space domain 
is important to the function of critical infrastructure vital to the 
security, economy, resilience, public health, and safety of the United 
States. Multiple infrastructure sectors depend on reliable access to space-
based systems to perform their functions.

  i. The United States will develop strategies, capabilities, and options 
to respond to any purposeful interference with or attack on the space 
systems of the United States or its allies that directly affects national 
rights, especially those necessary for the operation of the Nation's 
critical infrastructure. Such strategies, capabilities, and options will 
allow for a deliberate response at a time, place, manner, and domain of its 
choosing.

  ii. The Secretary of Defense, the Secretary of Homeland Security, and the 
Director of National Intelligence, in consultation with other heads of 
agencies, as appropriate, shall develop and maintain focused threat and 
risk assessments on the effect of deleterious actions in the space domain 
to the Nation's critical infrastructure.

(e) Maintain and Enhance Space-based Positioning, Navigation, and Timing 
(PNT) Systems. The United States must maintain its leadership in the 
service, provision, and responsible use of global navigation satellite 
systems (GNSS). To that end, the United States shall:

[[Page 81759]]

  i. Provide continuous worldwide access, for peaceful civil uses, to the 
Global Positioning System (GPS) and its Government-provided augmentations, 
free of direct user fees;

  ii. Engage with international GNSS providers to ensure compatibility, 
encourage interoperability with likeminded nations, promote transparency in 
civil service provision, and enable market access for United States 
industry;

  iii. Operate and maintain the GPS constellation to satisfy civil and 
national security needs, consistent with published performance standards 
and interface specifications;

  iv. Improve the cybersecurity of GPS, its augmentations, and federally 
owned GPS-enabled devices, and foster commercial space sector adoption of 
cyber-secure GPS enabled systems consistent with cybersecurity principles 
for space systems;

  v. Allow for the continued use of allied and other trusted international 
PNT services in conjunction with GPS in a manner that ensures the 
resilience of PNT services and is consistent with applicable law;

  vi. Invest in domestic capabilities and support international activities 
to detect, analyze, mitigate, and increase resilience to harmful 
interference to GNSS;

  vii. Identify and promote, as appropriate, multiple and diverse 
complementary PNT systems or approaches for critical infrastructure and 
mission-essential functions; and

  viii. Promote the responsible use of United States space-based PNT 
services and capabilities in civil and commercial sectors at the Federal, 
State, and local levels, including the utilization of multiple and diverse 
complementary PNT systems or approaches for national critical functions.

(f) Develop and Retain Space Professionals. The primary goals of space 
professional development are to achieve mission success in space operations 
and acquisition; stimulate innovation to improve commercial, civil, and 
national security space capabilities; and advance science, exploration, and 
discovery. Toward these ends, the heads of agencies, in cooperation with 
industry and academia, as appropriate, shall:

  i. Establish standards for accession and career progression;

  ii. Seek to create educational and professional development opportunities 
for the current space workforce, including internships and fellowships, and 
to implement measures to recruit, develop, maintain, and retain skilled 
space professionals, including engineering and scientific personnel and 
experienced space system developers and operators, across Government and 
commercial sectors;

  iii. Promote and expand public-private partnerships within space and 
technology industries to foster transdisciplinary educational achievement 
in STEM programs, supported by targeted investments in such initiatives;

  iv. Promote the exchange of scientists, engineers, and technologists 
among Federal laboratories, universities, and the commercial space sector 
to facilitate the exchange of diverse ideas and to build capacity in space 
technical knowledge and skills;

  v. Develop the means to recruit and to employ qualified and skilled space 
professionals from likeminded nations to increase United States leadership 
in space commerce, science, exploration, and security; and

  vi. Support training and education in key enabling scientific and 
engineering disciplines, including: artificial intelligence and machine 
learning, autonomy, orbital mechanics, collision avoidance methods, 
robotics, computer science and engineering, digital design and engineering, 
electromagnetics, materials science, hypersonics, geoscience, quantum-
related technologies and applications, and cybersecurity.

[[Page 81760]]

(g) Improve Space System Development and Procurement. The heads of agencies 
shall:

  i. Improve timely acquisition and deployment of space systems through 
enhancements in estimating costs, assessing technological risk and 
maturity, and leveraging and understanding emerging industrial base 
capabilities and capacity;

  ii. Reduce programmatic risk through improved management of program 
requirements, reduce the use of cost-plus contracts, where appropriate, and 
take advantage of cost-effective opportunities to test high-risk 
components, payloads, and technologies in digital, space, or other relevant 
environments;

  iii. Create opportunities to strengthen and to develop pertinent 
expertise in the Government workforce through internships and fellowships 
with the commercial space sector;

  iv. Pursue and endorse cooperative research and development agreements;

  v. Incorporate rapid prototyping, experimentation, and other efforts to 
accelerate development cycles to improve performance and to reduce costs;

  vi. Embrace innovation to cultivate and to sustain an entrepreneurial 
United States research and development environment;

  vii. Engage with the industrial base to improve processes and effectively 
manage and secure supply chains; and

  viii. Promote, where consistent with applicable rules and regulations 
concerning Government contracting, procurement of critical materials and 
sub-tier components, such as solar cells and microelectronics, from 
domestic and other trusted sources of supply.

(h) Strengthen Interagency and Commercial Partnerships. As facilitated by 
the Executive Secretary of the National Space Council, the heads of 
agencies shall, consistent with applicable law:

  i. Strengthen existing partnerships and pursue new partnerships among 
interagency members, the United States commercial space and related 
sectors, and United States academic institutions through cooperation, 
collaboration, information sharing, innovative procurements, and alignment 
of common pursuits to achieve United States goals;

  ii. Encourage the sharing of capabilities and the exchange of expertise 
among agencies and, to the maximum extent practicable, with the United 
States commercial sectors to strengthen the Nation's ability to pursue its 
strategic goals;

  iii. Develop implementation and response strategies and leverage United 
States capabilities to increase technology innovation and achieve desired 
outcomes involving space operations relating to science, public safety, 
national security, and economic growth.

                    2. International Cooperation.

(a) Strengthen United States Leadership in Space. The heads of agencies, in 
collaboration with the Secretary of State, shall:

  i. Demonstrate United States leadership in space-related fora and 
activities to strengthen deterrence and assure allies and partners of its 
commitment to preserving the safety, stability, security, and long-term 
sustainability of space activities;

  ii. Identify areas of mutual interest and benefit, such as collective 
self-defense and the promotion of secure and resilient space-related 
infrastructure;

  iii. Lead the enhancement of safety, stability, security, and long-term 
sustainability in space by promoting a framework for responsible behavior 
in outer space, including the pursuit and effective implementation of best 
practices, standards, and norms of behavior;

[[Page 81761]]

  iv. Encourage other nations to adopt United States space regulatory 
approaches and commercial space sector practices;

  v. Encourage interoperability among United States, allied, and partner 
space systems, services, and data;

  vi. Facilitate new market opportunities for United States commercial 
space capabilities and services, including commercial applications that 
rely on United States Government-provided space systems;

  vii. Promote the adoption of policies and practices internationally that 
facilitate full, open, and timely access to Government space-derived 
environmental data on a reciprocal basis;

  viii. Promote appropriate burden-, cost-, and risk-sharing among 
international partners; and

  ix. Augment United States capabilities by leveraging existing and planned 
space capabilities of allies and partners.

(b) Identify and Expand Areas for International Cooperation. The heads of 
agencies shall identify potential areas for international cooperation 
across the spectrum of commercial, civil, and national security space 
activities that increase the understanding of Earth and space sciences, 
expand the detection of hazardous near-Earth objects, ensure the freedom of 
operation in and through space, increase the quality and safety of life on 
Earth, extend human presence and economic activity beyond low Earth orbit, 
and reduce the cost of achieving the Nation's goals.

  i. The Secretary of State, in coordination with the heads of agencies, 
shall:

1. Carry out diplomatic and public diplomacy efforts to strengthen the 
understanding of, and support for, United States national space policies 
and programs and to promote the international use of United States space 
capabilities, systems, and services;

2. Encourage international support for the recovery and use of outer space 
resources;

3. Lead the consideration of proposals and concepts for arms control 
measures if they are equitable, effectively verifiable, and enhance the 
national security of the United States and its allies;

4. Pursue bilateral and multilateral transparency and confidence-building 
measures to encourage responsible actions in, and the peaceful use of, 
outer space to strengthen the safety, stability, security, and long-term 
sustainability of space activities, to increase predictability and reduce 
the risk of misunderstanding and inadvertent conflict escalation; and

5. Cooperate with likeminded international partners to establish standards 
of safe and responsible behavior, including openness, transparency, and 
predictability, to facilitate the detection, identification, and 
attribution of actions in space that are inconsistent with the safety, 
stability, security, and long-term sustainability of space activities.

  ii. The Director of the Office of Science and Technology Policy, in 
coordination with the Administrator of the National Aeronautics and Space 
Administration (NASA), the Secretary of Commerce, and the heads of other 
agencies as appropriate, shall lead the development of national and 
international planetary protection guidelines, working with scientific, 
commercial, and international partners, for the appropriate protection of 
planetary bodies and Earth from harmful biological contamination.

                    3. Preserving the Space Environment to Enhance the 
                Long-term Sustainability of Space Activities.

(a) Preserve the Space Environment. To preserve the space environment for 
responsible, peaceful, and safe use, and with a focus on minimizing space 
debris the United States shall:

  i. Continue leading the development and adoption of international and 
industry standards and policies, such as the Guidelines for the Long-

[[Page 81762]]

term Sustainability of Outer Space Activities and the Space Debris 
Mitigation Guidelines of the United Nations Committee on the Peaceful Uses 
of Outer Space;

  ii. Continue to make available basic space situational awareness (SSA) 
data, and provide for basic space traffic coordination (including 
conjunction and reentry notifications), free of direct user fees while 
supporting new opportunities for United States commercial and non-profit 
products and services;

  iii. Develop, maintain, and use SSA information from commercial, civil, 
and national security sources in an open architecture data repository to 
detect, identify, and attribute actions in space that are inconsistent with 
the safety, stability, security, and the long-term sustainability of space 
activities;

  iv. Develop and maintain space flight safety standards and best practices 
to coordinate space traffic;

  v. Ensure that, consistent with international obligations, timely and 
accurate information concerning United States space objects launched into 
Earth orbit or beyond is entered into the United States domestic space 
object registry maintained by the Secretary of State and internationally 
registered with the United Nations as soon as practicable;

  vi. Limit the creation of new debris, consistent with mission 
requirements and cost effectiveness, during the procurement and operation 
of spacecraft, launch services, and conduct of tests and experiments in 
space by following and periodically updating the United States Government 
Orbital Debris Mitigation Standard Practices;

  vii. Regularly assess existing guidelines for non-government activities 
in or beyond Earth orbit, and maintain a timely and responsive regulatory 
environment for licensing those activities, consistent with United States 
law and international obligations;

  viii. Pursue research and development of technologies and techniques to 
characterize and to mitigate risks from orbital debris, reduce hazards, and 
increase understanding of the current and future debris environment;

  ix. Evaluate and pursue, in coordination with allies and partners, active 
debris removal as a potential long-term approach to ensure the safety of 
flight in key orbital regimes;

  x. Require approval of exceptions to the United States Government Orbital 
Debris Mitigation Standard Practices from the head of the sponsoring agency 
and notification to the Secretary of State; and

  xi. Continue to foster the development of best practices to prevent on-
orbit collisions by collaborating with the commercial space sector and 
likeminded nations to: maintain and improve space object databases; pursue 
common international data standards and integrity measures; provide 
services and disseminate orbital tracking information, including 
predictions of space-object conjunctions, to commercial and international 
entities; and expand SSA to deep space.

(b) Effective Export Policies.

  i. The United States will work to stem the flow of advanced space 
technology to unauthorized parties while ensuring the competitiveness of 
the United States space industrial base. The heads of agencies are 
responsible for protecting against adverse technology transfer in the 
conduct of their programs.

  ii. The United States Government shall:

1. Consider letters of request and the issuance of licenses for space-
related exports on a case-by-case basis, pursuant to, and in accordance 
with, the International Traffic in Arms Regulations (ITAR), the 
Conventional Arms Transfer Policy, the Export Administration Regulations, 
and other applicable laws and commitments;

[[Page 81763]]

2. Encourage the export of space-related items when doing so would not 
threaten the national interest;

3. Make eligible for streamlined authorization the export of space-related 
items that are generally available in the global marketplace, do not 
provide critical military functions, and are destined for certain allied or 
partner countries.

  iii. Consistent with the foregoing, and consistent with existing law and 
regulation, license applications for exports of space-related items will be 
subject to a presumption of denial when destined for arms-embargoed 
destinations or other embargoed destinations.

  iv. Sensitive or advanced spacecraft-related exports may require 
government-to-government transfers through the Foreign Military Sales 
process. The Secretary of State shall determine whether current arms 
transfer and nonproliferation policy directives provide sufficient guidance 
for the transfer of emerging technologies and space capabilities.

(c) Space Nuclear Power and Propulsion.

  i. The United States will develop and use space nuclear power and 
propulsion (SNPP) systems where such systems enable achievement of United 
States scientific, national security, and commercial objectives. The United 
States will adhere to principles of safety, stability, security, and long-
term sustainability in its development and utilization of space nuclear 
systems. In accordance with the National Security Policy Memorandum-20 
Presidential Memorandum on Launch of Spacecraft Containing Space Nuclear 
Systems (August 20, 2019), authorization for launches of spacecraft 
containing space nuclear systems shall follow a tiered process based on the 
characteristics of the system, level of potential hazard, and national 
security considerations.

  ii. The Administrator of NASA and the Secretary of Defense shall conduct 
and support design, development, and utilization of space nuclear systems, 
as appropriate, to enable and achieve their respective mission objectives.

  iii. The Secretary of Energy shall support the design, development, and 
utilization of SNPP systems to enable and achieve the scientific, 
exploration, and national security objectives of the United States, in 
coordination with sponsoring agencies and other entities, as appropriate. 
The Secretary of Energy shall maintain, on a full cost recovery basis, the 
capability and infrastructure to develop, furnish, and conduct safety 
analyses for space nuclear systems for use in United States Government 
space systems.

  iv. The Secretary of Energy, in cooperation with the Secretary of 
Homeland Security and the heads of appropriate agencies, shall provide 
technical and operational support to the launch of SNPP systems to prepare 
for and respond to any potential radiological impacts of a launch to ensure 
the protection of public health and safety.

  v. The Secretary of Commerce, in coordination with other appropriate 
agencies, shall promote responsible United States commercial space nuclear 
system investment, innovation, and operations.

  vi. The Secretary of Transportation shall, in consultation with other 
applicable agencies, serve as the licensing authority for commercial 
launches of space nuclear systems.

(d) Protection of Electromagnetic Spectrum. In matters pertaining to the 
electromagnetic spectrum the United States shall:

  i. Seek to protect access to, and operation in, the electromagnetic 
spectrum and related orbital assignments required to support the use of 
space by the United States Government, its allies, and partners, and United 
States commercial users;

  ii. Preserve and protect the electromagnetic spectrum required to sustain 
existing and emergent space-based capabilities, including communications, 
navigation, and Earth observation;

[[Page 81764]]

  iii. Explicitly address requirements for electromagnetic spectrum and 
orbital assignments prior to approving acquisition of space capabilities;

  iv. Coordinate stable and predictable national and international 
regulatory frameworks to enable and support the competitiveness of space 
services and systems licensed by the United States;

  v. Seek to remove or to streamline regulatory impediments that may 
discourage commercial space communications providers from obtaining 
licenses from the United States;

  vi. Conduct and publish thorough operational, technical, and policy 
impact assessments, in coordination with Government space system operators, 
prior to reallocating spectrum for commercial, Government, or shared use;

  vii. Enhance capabilities and techniques, in cooperation with commercial, 
civil, and international partners, to detect, identify, locate, and 
attribute sources of radio frequency interference, and to take necessary 
measures to sustain the electromagnetic environment in which critical 
United States space systems operate;

  viii. Seek appropriate regulatory approval under United States domestic 
regulations for United States Government Earth stations operating with 
commercially owned satellites, consistent with the regulatory approvals 
granted to analogous commercial Earth stations; and

  ix. Prioritize research and development of advanced technologies, 
innovative spectrum-utilization methods, and spectrum-sharing tools and 
techniques that increase spectrum access, efficiency, and effectiveness.

(e) Cybersecurity for United States Space Systems. In matters relating to 
cybersecurity for space systems the United States Government shall:

  i. Seek to ensure space systems and their supporting infrastructure, 
including software, are designed, developed, and operated using risk-based, 
cybersecurity-informed engineering;

  ii. Collaborate with industry and encourage development and integration 
of cybersecurity plans for space systems that mitigate unauthorized access 
to critical space system functions, reduce vulnerabilities, protect ground 
systems, promote cybersecurity hygiene practices, and manage supply chain 
risks;

  iii. Collaborate with interagency, allied, partner, and commercial space 
system operators to promote the development and adoption of best practices 
and mitigations;

  iv. Leverage widely adopted best practices and standards in the creation 
of rules and regulations, as appropriate; and

  v. Determine appropriate cybersecurity measures for Government space 
systems through a mission risk assessment specific to a space system's 
design and operations.

(f) Assurance of National Critical Functions. The United States Government, 
in cooperation with private and public sectors, shall:

  i. Assure space-enabled national critical functions by developing the 
techniques, measures, relationships, and capabilities necessary to maintain 
continuity of services;

  ii. Pursue efforts to enhance the protection, cybersecurity, and 
resilience of selected spacecraft and supporting infrastructure;

  iii. Periodically conduct operationally-focused exercises to test the 
continuity of national critical functions and Federal mission assurance in 
a degraded or denied space environment due to natural or manmade 
disruptions;

  iv. Incorporate the simulated disruption of space systems into 
interagency and national exercises; and

[[Page 81765]]

  v. Address mission assurance and architectural resilience through the 
design, acquisition, command and control, exercise, and operation of 
materiel and non-materiel space and non-space capabilities.

                Sec. 5. Sector Guidelines. The United States conducts 
                space activities in three distinct but interdependent 
                sectors: commercial, civil, and national security. 
                Consistent with all applicable legal obligations 
                agencies shall comply with the following guidance.

                    1. Commercial Space Guidelines.
                    The term ``commercial,'' for the purposes of this 
                policy, refers 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 those goods or services to 
                existing or potential non-governmental customers.
                    A United States commercial space sector that leads 
                in the global space marketplace is foundational to 
                national strategic objectives that include increased 
                and sustained prosperity, free market principles, 
                enhanced international partnerships and collaboration, 
                technological innovation, and scientific discovery, and 
                is vital to United States and allied security.

(a) Promoting a Robust Commercial Space Industry. To promote a robust 
domestic commercial space industry and strengthen United States leadership 
as the country of choice for conducting commercial space activities, the 
heads of agencies shall:

  i. Purchase and use United States commercial space capabilities and 
services, to the maximum practical extent under existing law, when such 
capabilities and services meet United States Government requirements;

  ii. Prioritize partnerships with commercial industry to meet Government 
requirements through the modification of existing commercial space 
capabilities and services when potential system modifications represent a 
cost-effective and timely acquisition approach for the Government and are 
consistent with system and mission-security practices and principles;

  iii. Consider inventive, nontraditional arrangements for acquiring 
commercial space goods and services to meet United States Government 
requirements, including measures such as hosting Government capabilities on 
commercial spacecraft, purchasing scientific or operational data from 
commercial satellite operators in support of Government missions, 
leveraging satellite servicing or on-orbit manufacturing, and public-
private partnerships;

  iv. Develop Government space systems only when in the national interest 
and no suitable or cost-effective United States commercial or, as 
appropriate, international commercial capability or service is available or 
could be available in time to meet Government requirements;

  v. Refrain from conducting United States Government space activities that 
preclude, discourage, or compete with United States commercial space 
activities, unless required by national security or public safety;

  vi. Pursue opportunities for transferring routine operational space 
functions to the commercial space sector where beneficial and cost-
effective and consistent with legal, security, or safety needs;

  vii. Cultivate increased technological innovation and entrepreneurship 
and provide alternatives to predatory foreign investment in the commercial 
space sector through the use of incentives such as prizes, competitions, 
and competitive grants;

  viii. Ensure that United States Government space technology and 
infrastructure are made available for commercial use on a reimbursable, 
non-interference and equitable basis to the maximum practical extent, 
consistent with applicable laws and national security interests;

[[Page 81766]]

  ix. Promote continued commercial United States leadership in space by 
making available, consistent with applicable laws and national security, 
commercially relevant technologies developed by Federal research and 
development programs to United States industry;

  x. Create transparent regulatory processes that minimize, consistent with 
national security and public safety, the regulatory burden and uncertainty 
for commercial space activities and that are flexible so as to accommodate 
and to adapt to technical development, business innovation, and market 
demands;

  xi. Encourage State and local governments to support the commercial space 
sector for the purposes of cultivating a technically skilled work force, 
diversifying innovation potential, and stimulating economic growth;

  xii. Foster fair and open global trade and commerce through the promotion 
of standards and regulations that have been developed with input from 
United States industry;

  xiii. Encourage the purchase and use of United States commercial space 
services and capabilities in international cooperative arrangements;

  xiv. Encourage the growth of United States commercial human space 
exploration, including logistical provisioning, delivery, and the continued 
commercialization of operations in and beyond low Earth orbit, and the use 
of microgravity as a domain for research and development; and

  xv. Promote the export of United States commercial space goods and 
services, including those developed by small and medium-sized enterprises, 
for use in international markets, consistent with United States export 
controls and national security objectives.

(b) International Trade Agreements. The United States Trade Representative 
(USTR) has the primary responsibility for international trade agreements to 
which the United States is a party. USTR, in consultation with other 
relevant heads of agencies, will lead any effort relating to the 
negotiation and implementation of trade disciplines governing trade in 
goods and services related to space.

(c) Mission Authorization of Novel Activities. The Secretary of Commerce, 
in coordination with the National Space Council, shall:

  i. Identify whether any planned space activities fall beyond the scope of 
existing authorization and supervision processes necessary to meet 
international obligations; and

  ii. Lead, if necessary, the development of minimally burdensome, 
responsive, transparent, and adaptive review, authorization, and 
supervision processes for such activities, consistent with national 
security and public safety interests, with a presumption of approval and 
prompt appeals process.

(d) Foster the Development of Space Collision Warning Measures. The 
Secretary of Commerce, in consultation with the Secretaries of State, 
Defense, and Transportation, the Administrator of NASA, and the heads of 
other agencies, shall collaborate, consistent with applicable law, with 
industry and foreign nations to:

  i. Maintain and improve space object identification databases;

  ii. Pursue common international data standards and data integrity 
measures;

  iii. Disseminate orbital tracking information to commercial and 
international entities, including predictions of space object conjunctions;

  iv. Enhance the common understanding of resident space objects;

  v. Develop and implement standard practices for conjunction assessment 
operations to ensure the safety of flight of all space operations, across 
all orbital regimes; and

[[Page 81767]]

  vi. Develop common commercial operating guidelines and propose licensing 
requirements, consistent with respective agency mission and authorities, 
for large constellations, rendezvous and proximity operations, satellite 
servicing, small satellites, end-of-mission planning, and other classes of 
space operations.

                    2. Civil Space Guidelines.

(a) Space Science, Exploration, and Discovery. The United States shall lead 
an innovative and sustainable program of scientific discovery, technology 
development, and space exploration with commercial and international 
partners to enable human expansion across the solar system and to bring 
back to Earth new knowledge and opportunities. Beginning with missions 
beyond low Earth orbit, the United States will lead the return of humans to 
the Moon for long-term exploration and utilization, followed by human 
missions to Mars and other destinations.

(b) The Administrator of NASA, in collaboration with other appropriate 
agencies, Federal laboratories, and commercial partners, shall, consistent 
with applicable law:

  i. Lead a program to land the next American man and the first American 
woman on the Moon by 2024, followed by a sustained presence on the Moon by 
2028, and the subsequent landing of the first human on Mars;

  ii. Continue the operation of the International Space Station (ISS) in 
cooperation with international partners for scientific, technological, 
commercial, diplomatic, and educational purposes while developing separate 
commercial platforms to sustain continuous United States presence in and 
utilization of low Earth orbit and to transition beyond ISS operations;

  iii. Develop partnerships to foster new economic activities in and beyond 
low Earth orbit that enable NASA and other customers to purchase services 
and capabilities at lower cost;

  iv. In consultation with international and commercial partners as 
appropriate, support activities that include the presence of humans in 
space; maintain continuous human presence in Earth orbit by transitioning 
from ISS to commercial platforms and services; and continue to support 
future objectives in human space exploration;

  v. Continue as the launch agent for the civil space sector while 
utilizing commercial space capabilities and services to the maximum 
practical extent;

  vi. Continue to grow partnerships with the commercial space sector to 
enable safe, reliable, and cost-effective transport of crew and cargo to 
destinations in low Earth and cislunar orbits, and to the lunar surface;

  vii. Lead space exploration technology development efforts in 
collaboration with industry, academia, and international partners to 
increase capabilities for future human and robotic space exploration 
missions while decreasing mission costs;

  viii. Maintain a sustained robotic presence in the solar system with 
international and commercial partners to: prepare for future human 
missions; conduct scientific investigations; map and characterize water, 
mineral, and elemental resources; and demonstrate new technologies;

  ix. Conduct space science for observations, research, and analysis of the 
Sun, space weather, the solar system, and the universe to enhance knowledge 
of the cosmos, advance scientific understanding, understand the conditions 
that may support the development of life, and search for planetary bodies 
and Earth-like planets in orbit around other stars;

  x. Pursue capabilities, in cooperation with other agencies, commercial, 
and international partners, to detect, track, catalog, and characterize 
near Earth objects to warn of any predicted Earth impact and to identify 
potentially resource-rich planetary objects; and

[[Page 81768]]

  xi. Develop options, in collaboration with other agencies, and 
international partners, for planetary defense actions both on Earth and in 
space to mitigate the potential effects of a predicted near Earth object 
impact or trajectory.

(c) Observation of the Earth's Surface, Environment, and Weather. To 
continue and to enhance a broad array of programs of space-based 
observation, research, and analysis of the Earth's surface, oceans, and 
atmosphere and their interactions, and to improve life on Earth:

  i. The Administrator of NASA, in coordination with the heads of other 
appropriate agencies, shall conduct a program of research to understand 
Earth's interconnected systems, including the development of new Earth 
observing satellites for other agencies to use for operational purposes.

  ii. The Secretary of Commerce, through the Administrator of the National 
Oceanic and Atmospheric Administration (NOAA), shall be responsible for the 
requirements, funding, and operation of civil environmental satellites and 
data-gathering in support of atmospheric and space weather forecasting. 
NOAA may utilize NASA as the acquisition agent for operational 
environmental satellites for those activities and programs.

  iii. The Secretary of Commerce, through the Administrator of NOAA, and 
the Secretary of Defense, through the Secretary of the Air Force, in 
coordination with the Administrator of NASA and the heads of other 
appropriate agencies, shall:

1. Continue existing coverage responsibilities;

2. Develop a plan to provide Earth environmental satellite observation 
capabilities, including ground systems for operations, that meet current 
and future civil and national security requirements; and

3. Ensure the continued sharing of data from all systems.

  iv. In support of operational requirements the Secretary of Commerce, in 
coordination with the Secretary of Defense, the Administrator of NASA, and 
the heads of other appropriate agencies, shall:

1. Collaborate with academia, the commercial sector, and international 
partners to ensure uninterrupted operational environmental satellite 
observations using cost-effective, resilient methods to acquire global 
meteorological satellite data;

2. Coordinate, as practicable, on future satellite and ground system 
architectures to reduce duplication of space acquisition processes and 
capabilities;

3. Utilize international partnerships to sustain and enhance a robust Earth 
observations program that meets civil and national security requirements, 
including weather, climate, ocean, and coastal observations; and

4. Purchase commercial environmental data for use in meteorological and 
space weather models when appropriate.

  v. The Director of the Office of Science and Technology Policy, in 
consultation with the Assistant to the President for National Security 
Affairs, shall coordinate the implementation of the National Space Weather 
Strategy and Action Plan. The goals of this strategy are to: enhance the 
protection of Government and commercial systems against the effects of 
space weather; disseminate accurate and timely space weather 
characterization and forecasts; and establish plans and procedures for 
responding to and recovering from space weather events. Agencies 
contributing to the United States Government Earth science enterprise shall 
pursue innovative partnerships with the commercial sector to make their 
agency's Earth observation data more easily discoverable, accessible, and 
usable to the public.

(d) Land Remote Sensing.

  i. The Secretary of the Interior, through the Director of the United 
States Geological Survey (USGS), shall:

[[Page 81769]]

1. Conduct integrated predictive science, which includes research, 
monitoring, assessments, and modeling, on natural and human-induced changes 
to Earth's land, land cover, and inland surface waters, and manage a 
national global land surface data archive and its distribution;

2. Determine the operational requirements for collecting, processing, 
archiving, and distributing land surface data to the United States 
Government and other users;

3. Use international and commercial partnerships to help sustain and 
enhance land surface observations from space; and

4. Utilize, consistent with national security classification guidelines and 
sharing agreements and in coordination with the Secretary of Defense and 
the Director of National Intelligence, remote sensing information related 
to the environment and to disasters that is acquired from national security 
space systems.

  ii. The Secretary of the Interior, through the Director of the USGS, and 
the Administrator of NASA shall work together to maintain a sustainable 
land-imaging program for operational land remote sensing observations that 
meets the needs of core United States users and leverages government, 
commercial, and international capabilities.

  iii. The Administrators of NASA and NOAA, and the Director of the USGS 
shall:

1. Collaborate, as practicable, on future satellite and ground system 
architectures to ensure that civil space acquisition processes and 
capabilities are not unnecessarily duplicated; and

2. Continue to develop civil applications and information tools based on 
data collected by Earth observation satellites. They shall, to the maximum 
extent practicable, develop those applications and tools using known 
standards and open protocols and make data and applications from United 
States Government satellites openly available to the public.

  i. The Secretary of Commerce shall license and regulate private remote 
sensing systems consistent with the recognition that long-term United 
States national security and foreign policy interests are best served by 
ensuring that United States industry continues to lead the rapidly maturing 
and highly competitive commercial space-based remote sensing market. The 
Secretary of Commerce shall consult with the Secretary of State and 
Secretary of Defense in these matters in accordance with applicable law.

                    3. National Security Space Guidelines.

(a) The United States seeks a secure, stable, and accessible space domain, 
which has become a warfighting domain as a result of competitors seeking to 
challenge United States and allied interests in space.

(b) Strength and security in space contribute to United States and 
international security and stability. It is imperative that the United 
States adapt its national security organizations, policies, strategies, 
doctrine, security classification frameworks, and capabilities to deter 
hostilities, demonstrate responsible behaviors, and, if necessary, defeat 
aggression and protect United States interests in space through:

  i. Robust space domain awareness of all activities in space with the 
ability to characterize and attribute potentially threatening behavior;

  ii. Communicating to competitors which space activities the United States 
considers undesirable or irresponsible, while promoting, demonstrating, and 
communicating responsible norms of behavior;

  iii. Assured, credible, and demonstrable responses to defend vital 
national interests in space;

  iv. Resilient space-enabled missions that reduce the impact or deny the 
effectiveness of adversaries' actions; and

[[Page 81770]]

  v. Synchronized diplomatic, information, military, and economic 
strategies that:

1. Deter adversaries and other actors from conducting activities that may 
threaten the peaceful use of space by the United States, its allies, and 
partners; and

2. Compel and impose costs on adversaries to cease behaviors that threaten 
the peaceful use of space by the United States, its allies, and partners.

(c) The United States Space Force will pursue these objectives as the 
primary branch of the United States Armed Forces responsible for 
organizing, training, and equipping forces capable of projecting power in, 
from, and to space to defend United States national interests; protecting 
the freedom of operation in, from, and to the space domain; and enhancing 
the lethality and effectiveness of the Joint Force. The United States Space 
Force, and other branches of the Armed Forces as appropriate, will also 
present forces to the United States Space Command, and to the other 
Combatant Commands as appropriate, to deliver combat and combat support 
capabilities necessary to enable prompt and sustained offensive and 
defensive space operations, and to provide space support to joint 
operations in all domains.

(d) Synchronized National Security Space.

  i. The space domain is a priority intelligence and military operational 
domain for the United States. The United States Intelligence Community and 
Department of Defense use space capabilities to provide strategic, 
operational, and tactical intelligence and decisive military advantages to 
the Nation.

  ii. The Secretary of Defense and the Director of National Intelligence, 
in consultation with the heads of other appropriate agencies, Federal 
laboratories, and, as appropriate, in partnership with United States 
industry, shall:

1. Develop, acquire, and operate space systems and supporting information 
systems and networks to aid United States national security interests and 
to enable defense and intelligence operations;

2. Procure resilient space capabilities and services to provide defense and 
intelligence operations during times of competition and armed conflict;

3. Develop and apply advanced technologies, capabilities, and concepts that 
anticipate and rapidly respond to changes in the threat environment and 
improve the timeliness and quality of intelligence and data to support 
operations;

4. Identify and characterize current and future threats to United States 
space missions for the purposes of enabling effective deterrence and 
defense;

5. Develop resilient, cost-effective architectures and accelerate 
acquisition and fielding of space capabilities with sufficient capacity to 
increase the resilience of space-enabled missions and to expand the ability 
to field or to rapidly reconstitute space capabilities based on the 
strategic environment;

6. Develop, implement, and exercise plans, procedures, techniques, and 
capabilities necessary to assure critical national security space-enabled 
missions;

7. Protect and defend United States national security space assets through 
integration and synchronization of operational command and control 
capabilities and activities that foster seamless execution between the 
Intelligence Community and Department of Defense;

8. Promote, in collaboration with the Secretary of State, norms of behavior 
for responsible national security space activities that protect United 
States, allied, and partner interests in space;

9. Ensure cost-effective resilience of space capabilities and assurance of 
space-enabled missions, including supporting information systems and 
networks, commensurate with their planned use and taking into

[[Page 81771]]

account the value these systems provide in countering or mitigating 
threats, the consequences of their loss or degradation, and the 
availability of other means to perform the mission;

10. Expand and increase emphasis on disruptive and emerging commercial 
space capabilities and provide assessments to United States and allied 
leadership on the effects of these capabilities on national security;

11. Integrate cybersecurity into space operations and capabilities to 
retain positive control of space systems and verify the integrity of 
critical functions, missions, and services they provide;

12. Improve, develop, integrate, demonstrate, and proliferate in 
cooperation with relevant interagency, international, intergovernmental, 
and commercial entities, space domain awareness capabilities to predict, 
detect, warn, characterize, and attribute human-caused and naturally 
occurring activities that pose threats to space systems of United States 
interest;

13. Provide to the Department of Commerce and other agencies, as necessary, 
SSA information that supports national security, civil, and human space 
flight activities, planetary defense from hazardous near-Earth objects, and 
commercial and allied space operations;

14. Collaborate with allies and partners actively engaging in space 
security and intelligence operations to incentivize and institute 
mechanisms for the exchange of relevant space, and space-related 
information; and

15. Collaborate with the Secretaries of Commerce and Energy, the 
Administrator of NASA, and the heads of other relevant agencies to 
periodically review the health and competitiveness of the United States 
space industrial base to determine whether the domestic space industry can 
meet the technical requirements, production, and service of national 
security space programs.

(e) Department of Defense.

  i. The Secretary of Defense shall:

1. Defend the use of space for United States national security purposes, 
the United States economy, allies, and partners;

2. Protect freedom of navigation and preserve lines of communication that 
are open, safe, and secure in the space domain;

3. Ensure that space capabilities are of sufficient capability and capacity 
to enable decisive offensive and defensive space operations vital to 
defending United States, allied, and partner interests in space while 
continuing to sustain support to joint operations;

4. Conduct operations in, from, and through space to deter conflict, and if 
deterrence fails, to defeat aggression while protecting and defending 
United States vital interests with allies and partners;

5. Provide, as launch agent for the Department of Defense and the 
Intelligence Community, affordable and timely space access for national 
security purposes while using commercial space capabilities and services to 
the maximum practical extent;

6. Develop, as launch agent for the Department of Defense and the 
Intelligence Community, rapid launch options to reinforce or to 
reconstitute priority national security space capabilities in times of 
crisis and conflict and that, when practicable and appropriate, leverage 
commercial capabilities;

7. Detect, characterize, warn, attribute, and respond to, in coordination 
with the Secretary of State and other relevant agencies, space-related 
behaviors and activities that threaten the space interests of the United 
States, its allies, or partners, international peace and security, or the 
long-term sustainability of the space environment;

8. Periodically conduct policy-driven, threat-informed, strategically-
focused space posture reviews and assessments that encompass military, 
diplomatic, informational, and economic aspects of posture, including 
evaluation of the suitability of U.S. Government, commercial industry,

[[Page 81772]]

and international space architectures to deliver effective and integrated 
deterrence and compellence solutions; and

9. Develop, acquire, and operate space intelligence capabilities to support 
joint operations.

(f) Intelligence Community.

  i. The Director of National Intelligence shall:

1. Enhance foundational scientific and technical intelligence collection 
and single and all-source intelligence analysis;

2. Coordinate with the Secretary of Defense to ensure necessary and 
sufficient intelligence support for acquisition, operations, and defense of 
space capabilities;

3. Develop, obtain, and operate space intelligence capabilities to support 
strategic goals, intelligence priorities, and assigned tasks;

4. Provide robust, timely, and effective collection, processing, analysis, 
and dissemination of information on foreign space capabilities and threats 
and supporting information system activities;

5. Integrate all-source intelligence of foreign space capabilities and 
intentions to produce enhanced intelligence products that support space 
domain awareness;

6. Support monitoring, compliance, and verification for transparency and 
confidence-building measures and, if applicable, arms control agreements;

7. Ensure Intelligence Community equities are represented and reviewed in 
United States Government radio frequency deliberations; and

8. Promote counterintelligence and security partnerships and practices 
within the commercial, civil, and national security space communities.

                Sec. 6. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 81773]]

                    (d) The Secretary of Commerce is authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, December 9, 2020

[FR Doc. 2020-27892
Filed 12-15-20; 11:15 am]
Billing code 3510-07-P