374. Record of Action at the 502d Meeting of the National Security Council1

RECOMMENDED POLICY

1.
The United States should maintain the legal position that the principles of international law and the UN Charter apply to activities in outer space and, specifically, that outer space is free, as are the high seas.
2.
The US should therefore continue to avoid any position implying that reconnaissance activities in outer space are not legitimate. Similarly, we should avoid any position declaring or implying that such activities are not “peaceful uses.”
3.
The US should, to the extent feasible, seek to avoid public use of the term “reconnaissance” satellites, and where appropriate use instead such broader and more neutral terms as “observation” or “photographic” satellites.
4.
Further studies should be made on an urgent basis to determine whether there are releaseable data, such as mapping information, or procedures such as occasionally calling Tiros and Nimbus vehicles “photographic” satellites, which would help create wider public acceptance of space observation and photography.
5.
NASA should study urgently the possibilities of accelerating bilateral international cooperation to develop non-military space activities involving space observation, perhaps including photography.
6.
It is recognized that the US cannot entirely avoid or disclaim interest in reconnaissance, so that where feasible the US should also seek to gain acceptance of the principle of the legitimacy of space reconnaissance.
7.
When confronted by specific Soviet pressure to outlaw reconnaissance activities in space, the US should continue to take a public stand for the legitimacy of the principle of reconnaissance from outer space, the precise form and extent of which would depend upon the circumstances of the confrontation.
8.
The US should not at this time attempt to conduct a truly clandestine program (by which we mean a program with covert and unregistered launchings, and public denial that the US is engaged in reconnaissance). However, the US should pursue the research and development [Page 840] for a stand-by capability for clandestine operations in case circumstances ever make such operations necessary.
9.
The present practice of not identifying individual military space launchings by mission or purpose is sound. We believe, however, that there should also be a more open (but not more detailed) public reference to the general over-all military program. An appropriate nickname for public identification should be given to the over-all military program, with its objectives intentionally stated in broad and general terms. All military launchings would be described in terms of the general objectives of the over-all military program. No specific mission would be ascribed to any particular launch.
10.
The US should not, at this time, publicly disclose the status, extent, effectiveness or operational characteristics of its reconnaissance program.
11.
Strict control over public statements and backgrounding concerning reconnaissance satellites should be exercised to ensure consistency with the policy guidelines suggested in these recommendations.
12.
No public attention should be directed toward development of anti-satellite capabilities, and any publicized demonstration of developmental work and any actual test of such a capability should require White House approval, with full account given to the adverse effects for our reconnaissance satellite program. We should avoid any indications that physical countermeasures to reconnaissance vehicles would be justified, and as appropriate the US should make a positive effort to propagate the idea that interference with or attacks on any space vehicle of another country in peacetime are inadmissible and illegal.
13.
The US should discreetly disclose to certain allies and neutrals selected information with regard to the US space reconnaissance program, making each disclosure orally and at a time and in a manner that will preserve the essential security of our program while impressing upon them its importance for the security of the Free World. Disclosures should be made in a manner that will preclude acquisition by the Communist Bloc of usable evidence of an official US acknowledgment that we are conducting a satellite reconnaissance program. Proposals for such disclosures should include clearance by the National Reconnaissance Office.
14.
The US should in private disclosures emphasize the fact of our determination and ability to pursue such programs because of their great importance to our common security, despite any efforts to dissuade us.
15.
The US should note in connection with private disclosures that, except in some cases for specifically defined disarmament agreements, the US cannot agree to (a) declarations of the precise purpose of all [Page 841] satellites, (b) declarations of the equipment of all satellites, (c) general requirements for advance notification of all satellite launchings and the tracks of satellites, (d) pre-launch inspection of the satellites, or (e) a specific definition of peaceful uses of space which does not embrace unlimited observation.
16.
The possible roles of space reconnaissance in disarmament inspection arrangements or in creating military stability should be further studied.
17.
The US should stand by the disarmament proposal for a provision in Stage One of a Treaty on General and Complete Disarmament banning weapons of mass destruction from being carried in satellites, and providing for advance notification and inspection of all missile and space launchings to insure that ban. The US should continue to exclude any ban on reconnaissance satellites.
  1. Source: National Archives and Records Administration, RG 59, S/S-NSC (Miscellaneous) Files: Lot 66 D 95, NSC Records of Actions. Top Secret.