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4 Policy Development Process Beyond NASA
Pages 68-78

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From page 68...
... "Restricted by Whom? A Historical Review of Strategies and Organization for Restricted Earth Return of Samples from NASA Planetary Missions," presentation to the Committee on Planetary Protection Policy Development Processes, Space Studies Board, National Academy of Sciences, July 2017, Slide 5.
From page 69...
... Finding: The effectiveness of COSPAR's development of planetary protection policy guidelines and interna tional compliance with the provisions of the OST has mitigated the need for significant interventions by the Department of State. However, the planned sample return and human missions to Mars will raise planetary protection issues that require more diplomatic attention.
From page 70...
... The primary mission of the office is to serve as an advocate, resource, and voice for the U.S. commercial space industry within the Executive branch.9 Within the DoC, the Office of Space Commerce partners with other offices including, but not limited to, the National Oceanic and Atmospheric Administration Commercial Remote Sensing Regulatory Affairs office that is responsible for licensing commercial remote sensing satellites, and the Bureau of Industry and Security that oversees the licensing and approvals for dual-use technology.
From page 71...
... commercial geospatial technologies within interagency working groups.10 On May 24, 2018, President Trump signed a memorandum implementing Space Policy Directive 2. This document directs the Secretary of Commerce to consolidate all responsibilities of the DoC with respect to the Department's regulation of commercial spaceflight activities within the Office of the Secretary and to develop a plan for an entity to administer the Department's regulation of commercial spaceflight activities.11 This action is consistent with and partially preempts provisions of the American Space Commerce Free Enterprise Act (see the next section)
From page 72...
... Congressional action is still needed in order to facilitate development of planetary protection policy relating to private-sector space activities. At the present, no federal regulatory agency has the jurisdiction to authorize and continually supervise on-orbit activities undertaken by private-sector actors, including activities that could raise planetary protection issues.
From page 73...
... Participation in panel meetings depended entirely on who chose to attend. COSPAR recently reconstituted the Panel on Planetary Protection to introduce a formality in its structure and processes to ensure that all space agency stakeholders affected by COSPAR planetary protection policy can participate in the formation of the policy.21 The reconstituted panel is fully endorsed by the UN Committee on Peaceful Uses of Outer Space.
From page 74...
... • Panel recommendation to Bureau & Council (At COSPAR Scientific Assemblies or at COSPAR Bureau meetings between Assemblies) FIGURE 4.1  Process to adopt or update the COSPAR planetary protection policy.
From page 75...
... This role has historically been filled by the United States. Breadth and Depth of Participation in Policy Development As this report noted in Chapter 3, both NASA and COSPAR have not always been successful at recruiting a wide range of scientists to participate in meetings where new scientific findings are considered for their implications for planetary protection policy.
From page 76...
... policy on planetary protection, including the treaty obligations of the government, the perspectives of the scientific community, human exploration organizations, and the interests of the private sector. Finding: COSPAR's reorganization of its Panel on Planetary Protection will help ensure a more structured and formal process for COSPAR planetary protection policy deliberations; however a need remains to ensure that U.S.
From page 77...
... • All the planetary protection reports drafted by the SSB have focused exclusively on the scientific and technical issues associated with robotic spacecraft missions sponsored by national and international space agencies. Thus, the SSB has been silent on the potentially contentious topics of planetary protection issues associated with private sector and human space activities.
From page 78...
... . and on NASA policy, which is guided by international technical standards established by the international Committee on Space Research." The committee further acknowledged the importance for "NASA and its academic and industry partners" to follow current planetary protection protocols in order to ensure that precautions are taken to further the future exploration of outer space.30 Finding: The SSB's international leadership role in planetary protection has been a reflection of the domi nant U.S.


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