Towards Developing a National Geospatial Policy

1. Towards Developing a National Geospatial Policy Need and Approach NGAC Presentation May 12, 2009

2. Topics • Where we stand now • Policy gaps • Examples of Existing Policy Language • Process NGAC Presentation

3. Where we stand now NGAC Presentation

4. Complex Landscape NGAC Presentation

5. EX 12906, August 11, 1994 • Coordinating Geographic Data Acquisitions and Access: The National Spatial Data Infrastructure • Sec 3: Development of a National Geospatial Clearinghouse • Sec 4: Data Standards Activities • Sec 5: National Geospatial Data Framework • Sec 6: Partnership for Data Acquisition • Sec 7: Scope • (b) The following activities are exempt from compliance with this order: • (i) national security-related activities of the Department of Defense as determined by the Secretary of Defense; • (ii) national defense-related activities of the Department of Energy as determined by the Secretary of Energy; and • (iii) intelligence activities as determined by the Director of Central Intelligence. • (c) The NSDI may involve the mapping, charting, and geodesy activities of the Department of Defense relating to foreign areas, as determined by the Secretary of Defense. • (d) This order does not impose any requirements on tribal governments. • (e) Nothing in the order shall be construed to contravene the development of Federal Information Processing Standards and Guidelines adopted and promulgated under the provisions of section 111(d) of the Federal Property and Administrative Services Act of 1949, as amended by the Computer Security Act of 1987 (Public Law 100–235), or any other United States law, regulation, or international agreement. NGAC Presentation

6. A-16 (Revised) • Coordination of Geographic and Related Spatial Data Activities • Derives from EX 12906 • “…establishes coordinated approach to electronically develop the National Spatial Data Infrastructure and establishes the Federal Geographic Data Committee …” NGAC Presentation

7. eGOV • P.L. 104-106 • Clinger Cohen Act of 1996 • Implements a capital planning and investment control process that links to budget formulation and requires each Department to appoint a CIO • P.L. 107-347 • The eGov Act of 2002 • Title III information Security (Federal Information Security Act of 2002 - FISMA) • Section 216, Common Protocols for Geographic Information Systems • US Code Title 44 – Sec 552 – Public Information … • E.O. 13011 – Federal Information Technology • Establishes the CIO Council • OMB Circular A-130: Management of Federal Information Resources • FEA Framework V 1.1 (Sep 1996) • C. Cross Agency Work: Identifies Geospatial One Stop • OMB Lines of Business • Geospatial Line of Business NGAC Presentation

8. Geospatial Line of Business • Established September 2007 • DOI “Managing Partner” • Major Goals • Define geospatial data steward life cycle responsibilities and performance measures for A-16 Framework data themes and “National Significant Data themes” • Departure from A-16 Data Focus • Telecom infrastructure requirements • Collaboration of geospatial-related activities • Optimized and standardize common geospatial functions, services and process which are responsive to customers • Identification of National Geospatial Advisory Committee NGAC Presentation

9. Standards • P.L. 104-113: The National Technology Transfer and Advancement Act of 1995 • US Code Title 15 • Chapter 63 – Technology Innovation • OMB Circular A-119 (Revised), February 10, 1998 • Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities • FGDC Endorsed Standards • “The FGDC develops geospatial data standards only when no equivalent voluntary consensus standard exists, in accordance with OMB Circular A-16 • Example: FGDC – STD 001-1998: Content Standard for Digital Geospatial Metadata NGAC Presentation

10. Census Address List • P.L. 103-430: The Census Address List Improvements Act of 1994 • The Act authorizes the Census to share residential addresses with official of tribal, state and local governments who agree to pledges and conditions of confidentiality • U.S. Code Title 13 • From the US Census Bureau’s website: • Title 13 Protections • Private Information is Never PublishedIt is against the law to disclose or publish any private information that identifies an individual or business: • No names • No addresses • No Social Security Numbers or Employer Identification Numbers • No telephone numbers NGAC Presentation

11. Other Law/Policy “Verticals” • P.L. 100-707: Robert T. Stafford Disaster Relief Act • HSPD-5: NIMS • P.L. 108-458: Intelligence Reform and Terrorism Prevention Act • HSPD-7: Critical Infrastructure • P.L. 93-579: Privacy Act • P.L. 97-86: Pose Comitatus Act • US Code, Title 18 • E.O. 12333: United States Intelligence Activities • Established NGA as “Functional Manger” for geospatial intelligence • P.L. 105-303: Commercial Space Act • US Code title 10: GPS • P.L. 105-309 • Technology Administration Act of 1998 • US National Space Policy • NSPD-37: US Commercial Remote Sensing Policy • Public Law 92-582: The Brooks Act • US Code Title 40, Chapter 11: Selection of Architects and Engineers NGAC Presentation

12. DHS Centric View NGAC Presentation

13. Stafford Act Mission View NGAC Presentation

14. Gaps in Existing Policy Framework NGAC Presentation

15. Resource Management • No body has the task to look across US Government (USG) missions and responsibilities and set priorities for the use of a geospatial technologies – a scare resource • Force alignment with USG National Goals • Defense • Security • Economic • … • Geospatial Line of Business has some responsibly for developing joint business case, but is primarily data focused NGAC Presentation

16. Cross Domain • No policy exists to explain how Civil, Defense, Intelligence and Law Enforcement geospatial programs and activities should be coordinated • No governing body • Defense, Intel, National Security related actives specifically exempted from FGDC / OMB governance • No standards alignment process • No joint budget formulation • No plan for resource prioritization • No rationalization of geospatial activities to align with the Information Sharing Environment NGAC Presentation

17. R & D Agenda • The USG lacks a geospatial research and development agenda • No body exists to develop and promote a comprehensive USG geospatial R&D agenda • No body exists to prioritize, coordinate and adjudicate allocation of resources among competing research agendas • No body exists to act upon recommendations of bodies such as the National Academy of Sciences NGAC Presentation

18. US Economic Policy • USG lacks a clear policy statement on the importance of geospatial technologies to the US’s national security and economic well being • The USG has not established a policy statement that US will be THE technological leader in all areas of geospatial technologies • The USG does not have a policy to encourage and guide the training of the next generation of geospatial technical experts, managers and executives NGAC Presentation

19. Addressing Major Issues of Law and Policy • Example • Title 13 • Should addresses data be considered as private information? NGAC Presentation

20. Examples of Language NGAC Presentation

21. NSPD 39 • U.S. Space-Based Position, Navigation, and Timing Policy, December 15, 2004 • States that the USG shall: • Provide uninterrupted access to U.S. space-based global, precise positioning, navigation and times services for the U.S. and allied national security systems and capabilities through the Global Positioning System, without being dependent on foreign positioning, navigation and timing services • Encourage foreign development of PNT services and systems based on GPS … ensure interoperability of foreign systems with GPS … • Promote the use of U.S. space-based PNT … NGAC Presentation

22. Commercial Remote Sensing Policy • “The fundamental goal of this policy to advance and protect the U.S. National security and foreign policy interests by maintaining the nations’ leadership in remote sensing space activities and by sustaining and enhancing the U.S. remote sensing industry. … In support of this goal the USG will: • Rely to the maximum practical extent on U.S, commercial remote sensing space capabilities for filling imagery and geospatial needs … • Enable U.S, industry to compete successfully as a provider of remote sensing capabilities for foreign governments and foreign commercial users …” NGAC Presentation

23. U.S. National Space Policy • Unites States Space Policy Goals • “The fundamental goals of this policy are to: • Strengthen the nation’s space leadership and ensure that space capabilities are available in time to further U.S. national security, homeland security and foreign policy objectives; … • Enable a robust science and technology base supporting national security, homeland security, and civil space activities; …” • General Guidelines • Develop Space Professionals • Improve Space System Development and Procurements • Increase and Strengthen Interagency Partnerships • Strengthen and Maintain the U.S. Space-Related Science, Technology, and Industrial base NGAC Presentation

24. E.O. 12333 • Executive Order 12333 • Unites States Intelligence Activities • December 4, 1981 and as amended by EX 13284 (2003), 13344 (2004) and 13740 (2008) • “The Director of the National Geospatial-Intelligence Agenda is designated the Functional Manager for geospatial intelligence.” NGAC Presentation

25. Information Sharing • National Strategy for Information Sharing • Focus on terrorism related information sharing • Challenges Federal Departments and Agencies to actively work to create a culture of information sharing • Provides information sharing guidelines • At the Federal level • With State, Local and Tribal governments; • Fusion Centers • With the Private Sector • Critical Infrastructure • Sharing Information with Foreign Partners • Protecting Privacy and Other Legal Rights in the Sharing of Information NGAC Presentation

26. Going Forward NGAC Presentation

27. Goal • Establish USG National Geospatial Policy to address: • Cross Domain Coordination Issues • Resource Management • Setting R&D agenda • Promoting US geospatial technology leadership • Training of professionals • Support of commercial sector • Provide means to address major emerging policy and legal issues • Title 13 NGAC Presentation

28. Process • Define Approach (where we are now) • Map existing laws, policies, …, and bucket to be: • Referenced as an external policy • Subordinated to the new policy • Revised, eliminated, … • Recognized as a superior authority • Define limits of what policy should accomplish • Limited policy will be easier to accomplish, trade off with effectiveness • Address how policy will be implemented • Identity correct sponsor • Create small Federal working group to draft initial versions • Adjudicate with Federal Departments and Agencies • Through FGDC • Develop non-Federal input • NGAC, others? • Submit to governing authority for approval and implementation • Speculative ROM Timeline: Two years. NGAC Presentation

29. Discussion NGAC Presentation