Press Release

National Space Policy Directives and Executive Charter NSPD-1, November 2, 1989

By SpaceRef Editor
November 2, 1989
Filed under ,

NATIONAL SPACE POLICY

INTRODUCTION


This document contains national policy, guidelines, and implementing
actions with respect to the conduct of United States space programs
and related activities.


United States space activities are conducted by three separate
and distinct sectors: two strongly interacting governmental sectors
(Civil and National Security) and a separate, non-governmental
Commercial Sector. Close coordination, cooperation, and technology
and information exchange will be maintained among these sectors
to avoid unnecessary duplication and promote attainment of United
States space goals.

GOALS AND PRINCIPLES


A fundamental objective guiding United States space activities
has been, and continues to be, space leadership. Leadership in
an increasingly competitive international environment does not
require United States preeminence in all areas and disciplines
of space enterprise. It does require United States preeminence
in the key areas of space activity critical to achieving our national
security, scientific, technical, economic, and foreign policy
goals.


– The overall goals of United States space activities are:
(1) to strengthen the security of the United States; (2) to obtain
scientific, technological and economic benefits for the general
population and to improve the quality of life on Earth through
space-related activities; (3) to encourage continuing United States
private-sector investment in space and related activities; (4)
to promote international cooperative activities taking into account
United States national security, foreign policy, scientific, and
economic interests; (5) to cooperate with other nations in maintaining
the freedom of space for all activities that enhance the security
and welfare of mankind; and, as a long-range goal, (6) to expand
human presence and activity beyond Earth orbit into the solar
system.


– United States space activities shall be conducted in accordance
with the following principles:


— The United States is committed to the exploration and use
of outer space by all nations for peaceful purposes and for the
benefit of all mankind. "Peaceful purposes" allow for
activities in pursuit of national security goals.


— The United States will pursue activities in space in support
of its inherent right of self-defense and its defense commitments
to its allies.


— The United States rejects any claims to sovereignty by any
nation over outer space or celestial bodies, or any portion thereof,
and rejects any limitations on the fundamental right of sovereign
nations to acquire data from space.


— The United States considers the space systems of any nation
to be national property with the right of passage through and
operations in space without interference. Purposeful interference
with space systems shall be viewed as an infringement on sovereign
rights.


— The United States shall encourage and not preclude the commercial
use and exploitation of space technologies and systems for national
economic benefit. These commercial activities must be consistent
with national security interests, and international and domestic
legal obligations.


— The United States will, as a matter of policy, pursue its
commercial space objectives without the use of direct Federal
subsidies.


— The United States shall encourage other countries to engage
in free and fair trade in commercial space goods and services.


— The United States will conduct international cooperative
space-related activities that are expected to achieve sufficient
scientific, political, economic, or national security benefits
for the nation. The United States will seek mutually beneficial
international participation in space and space-related programs.

CIVIL SPACE POLICY


– The United States civil space sector activities shall contribute
significantly to enhancing the Nation’s science, technology, economy,
pride, sense of well-being and direction, as well as United States
world prestige and leadership. Civil sector activities shall
comprise a balanced strategy of research, development, operations,
and technology for science, exploration, and appropriate applications.


– The objectives of the United States civil space activities
shall be (1) to expand knowledge of the Earth, its environment,
the solar system, and the universe; (2) to create new opportunities
for use of the space environment through the conduct of appropriate
research and experimentation in advanced technology and systems;
(3) to develop space technology for civil applications and, wherever
appropriate, make such technology available to the commercial
sector; (4) to preserve the United States’ preeminence in critical
aspects of space science, applications, technology, and manned
space flight; (5) to establish a permanently manned presence in
space; and (6) to engage in international cooperative efforts
that further United States overall space goals.

COMMERCIAL SPACE POLICY


The United States government shall not preclude or deter the continuing
development of a separate, non-governmental Commercial Space Sector.
Expanding private sector investment in space by the market-driven
Commercial Sector generates economic benefits for the Nation and
supports governmental Space Sectors with an increasing range of
space goods and services. Governmental Space Sectors shall purchase
commercially available space goods and services to the fullest
extent feasible and shall not conduct activities with potential
commercial applications that preclude or deter Commercial Sector
space activities except for national security or public safety
reasons. Commercial Sector space activities shall be supervised
or regulated only to the extent required by law, national security,
international obligations, and public safety.

NATIONAL SECURITY SPACE POLICY


The United States will conduct those activities in space that
are necessary to national defense. Space activities will contribute
to national security objectives by (1) deterring, or if necessary,
defending against enemy attack; (2) assuring that forces of hostile
nations cannot prevent our own use of space; (3) negating, if
necessary, hostile space systems; and (4) enhancing operations
of United States and Allied forces. Consistent with treaty obligations,
the national security space program shall support such functions
as command and control, communications, navigation, environmental
monitoring, warning, surveillance, and force application (including
research and development programs which support these functions).

INTERSECTOR POLICIES


This section contains policies applicable to, and binding on,
the national security and civil space sectors.


The United States Government will maintain and coordinate separate
national security and civil operational space systems where differing
needs of the sectors dictate.


– Survivability and endurance of national security space ystems,
including all necessary system elements, will be pursued commensurate
with the planned use in crisis and conflict, with the threat,
and with the availability of other assets to perform the mission.


Government sectors shall encourage to the maximum extent feasible,
the development and use of United States private sector space
capabilities.


A continuing capability to remotely sense the Earth from space
is important to the achievement of United States space goals.
To ensure that the necessary capability exists, the United States
government will: (a) ensure the continuity of LANDSATtype remote
sensing data; (b) discuss remote sensing issues and activities
with foreign governments operating or regulating the private operation
of remote sensing systems; (c) continue government research and
development for future advanced remote sensing technologies or
systems; and (d) encourage the development of commercial systems,
which image the Earth from space, competitive with, or superior
to, foreignoperated civil or commercial systems.


Assured access to space, sufficient to achieve all United States
space goals, is a key element of national space policy. United
States space transportation systems must provide a balanced, robust,
and flexible capability with sufficient resiliency to allow continued
operations despite failures in any single system. The United
States government will continue research and development on component
tecnnologies in support of future transportation systems. The
goals of United States space transportation policy are: (1) to
achieve and maintain safe and reliable access to, transportation
in, and return from, space; (2) to exploit the unique attributes
of manned and unmanned launch and recovery systems; (3) to encourage
to the maximum extent feasible, the development and use of United
States private sector space transportation capabilities; and (4)
to reduce the costs of space transportation and related services.


Communications advancements are critical to all United States
space sectors. To ensure necessary capabilities exist, the United
States government will continue research and development efforts
for future advanced space communications technologies.


The United States will consider and, as appropriate, formulate
policy positions on arms control measures governing activities
in space, and will conclude agreements on such measures only if
they are equitable, effectively verifiable, and enhance the security
of the United States and our allies.


All space sectors will seek to minimize the creation of space
debris. Design and operations of space tests, experiments and
systems will strive to minimize or reduce accumulation of space
debris consistent with mission requirements and cost effectiveness.
The United States government will encourage other spacefaring
nations to adopt policies and practices aimed at debris minimization.

IMPLEMENTING PROCEDURES


Normal interagency procedures will be employed wherever possible
to coordinate the policies enunciated in this directive.


Executive Order No. 12675 established the National Space Council
to provide a coordinated process for developing a national space
policy and strategy and for monitoring its implementation.


The Vice President serves as the Chairman of the Council, and
as the President’s principal advisor on national space policy
and strategy. Other members of the Council are the Secretaries
of State, Treasury, Defense, Commerce, and Transportation; the
Chief of Staff to the President, the Director of the Office of
Management and Budget, the Assistant to the President for National
Security Affairs, the Assistant to the President for Science and
Technology, the Director of Central Intelligence, and the Administrator
of the National Aeronautics and Space Administration. The Chairman,
from time to time, invites the Chairman of the Joint Chiefs of
Staff, the heads of executive agencies and other senior officials
to participate in meetings of the Council.


* * * *

POLICY GUIDELINES AND IMPLEMENTING ACTIONS


The following Policy Guidelines and Implementing Actions provide
a framework through which the policies in this directive shall
be carried out. Agencies will use these sections as guidance
on priorities, including preparation, review, and execution of
budgets for space activities, within the overall resource and
policy guidance provided by the President. Affected Government
agencies shall ensure that their current policies are consistent
with this directive and, where necessary, shall establish policies
to implement these practices.

CIVIL SPACE SECTOR GUIDELINES


Introduction. In conjunction with other agencies: NASA will
continue the lead role within the Federal Government for advancing
space science, exploration, and appropriate applications through
the conduct of activities for research, technology, development
and related operations; National Oceanic and Atmospheric Administration
will gather data, conduct research, and make predictions about
the Earth’s environment; DOT will license and promote commercial
launch operations which support civil sector operations.


Space Science. NASA, with the collaboration of other appropriate
agencies, will conduct a balanced program to support scientific
research, exploration, and experimentation to expand understanding
of: (1) astrophysical phenomena and the origin and evolution
of the universe; (2) the Earth, its environment and its dynamic
relationship with the Sun; (3) the origin and evolution of the
solar system; (4) fundamental physical, chemical, and biological
processes; (5) the effects of the space environment on human beings;
and (6) the factors governing the origin and spread of life in
the universe.


Space Exploration. In order to investigate phenomena and objects
both within and beyond the solar system, NASA will conduct a balanced
program of manned and unmanned exploration.


Human Exploration. To implement the longrange goal of expanding
human presence and activity beyond Earth orbit into the solar
system, NASA will continue the systematic development of technologies
necessary to enable and support a range of future manned missions.
This technology program (Pathfinder) will be oriented toward
a Presidential decision on a focused program of manned exploration
of the solar system.


Unmanned Exploration. NASA will continue to pursue a program
of unmanned exploration where such exploration can most efficiently
and effectively satisfy national space objectives by among other
things: achieving scientific objectives where human presence
is undesirable or unnecessary; exploring realms where the risks
or costs of life support are unacceptable; and providing data
vital to support future manned missions.


Permanent Manned Presence. NASA will develop the Space Station
to achieve permanently manned operational capability by the mid1990s.
Space Station Freedom will: (l) Contribute to United States
preeminence in critical aspects of manned spaceflight; (2) provide
support and stability to scientific and technological investigations;
(3) provide early benefits, particularly in the materials and
life sciences; (4) promote private sector experimentation preparatory
to independent commercial activity; (5) allow evolution in keeping
with the needs of Station users and the longterm goals of the
United States; (6) provide opportunities for commercial sector
participation; and (7) contribute to the longer term goal of expanding
human presence and activity beyond Earth orbit into the solar
system.


Manned Spaceflight Preeminence. Approved programs such as
efforts to improve and safely operate the Space Transportation
System (STS) and to develop, deploy, and use the Space Station,
are intended to ensure United States preeminence in critical aspects
of manned spaceflight.


Space Applications. NASA and other agencies will pursue the
identification and development of appropriate applications flowing
from their activities. Agencies will seek to promote private
sector development and implementation of applications.


Such applications will create new capabilities, or improve
the quality or efficiency of continuing activities, including
longterm scientific observations.


NASA will seek to ensure its capability to conduct selected
critical missions through an appropriate mix of assured access
to space, onorbit sparing, advanced automation techniques, redundancy,
and other suitable measures.


Agencies may enter cooperative research and development agreements
on space applications with firms seeking to advance the relevant
stateoftheart consistent with United States Government space objectives.


Management of Federal civil operational remote sensing is
the responsibility of the Department of Commerce. The Department
of Commerce will: (a) consolidate Federal needs for civil operational
remote sensing products to be met either by the private sector
or the Federal government; (b) identify needed civil operational
system research and development objectives; and (c) in coordination
with other departments or agencies, provide for the regulation
of private sector operational remote sensing systems.


Civil Government Space Transportation. The unique Space Transportation
System (STS) capability to provide manned access to space will
be exploited in those areas that offer the greatest national return,
including contributing to United States preeminence in critical
aspects of manned spaceflight. The STS fleet will maintain the
Nation’s capability and will be used to support critical programs
requiring manned presence and other unique STS capabilities.
In support of national space transportation goals, NASA will establish
sustainable STS flight rates to provide for planning and budgeting
of Government space programs. NASA will pursue appropriate enhancements
to STS operational capabilities, upper stages, and systems for
deploying, servicing, and retrieving spacecraft as national and
user requirements are defined.


International Cooperation. The United States will foster increased
international cooperation in civil space activities by seeking
mutually beneficial international participation in civil space
and spacerelated programs. The National Space Council shall be
responsible for oversight of civil space cooperation with the
Soviet Union. No such cooperative activity shall be initiated
until an appropriate interagency review has been completed. United
States cooperation in international civil space activities will:


United States participation in international space ventures,
whether public or private, must be consistent with United States
technology transfer laws, regulations, Executive Orders and presidential
directives.


Support the public, nondiscriminatory direct readout of data
from Federal civil systems to foreign ground stations and the
provision of data to foreign users under specified conditions.


Be conducted in such a way as to protect the commercial value
of intellectual property developed with Federal support. Such
cooperation will not preclude or deter commercial space activities
by the United States private sector, except as required by national
security or public safety.

COMMERCIAL SPACE SECTOR GUIDELINES


NASA, and the Departments of Commerce, Defense, and Transportation
will work cooperatively to develop and implement specific measures
to foster the growth of private sector commercial use of space.
A highlevel focus for commercial space issues has been created
through establishment of the National Space Council.


To stimulate private sector investment, ownership, and operation
of space assets, the United States Government will facilitate
private sector access to appropriate U.S. space-related hardware
and facilities, and encourage the private sector to undertake
commercial space ventures. Governmental Space Sectors shall:


Utilize commercially available goods and services to the fullest
extent feasible, and avoid actions that may preclude or deter
commercial space sector activities except as required by national
security or public safety. A space good or service is "commercially
available" if it is currently offered commercially, or if
it could be supplied commercially in response to a government
service procurement request. "Feasible" means that
such goods or services meet mission requirements in a cost effective
manner.


Enter into appropriate cooperative agreements to encourage
and advance private sector basic research, development, and operations
while protecting the commercial value of the intellectual property
developed;


Provide for the use of appropriate Government facilities on
a reimbursable basis;


Identify, and eliminate or propose for elimination, applicable
portions of United States laws and regulations that unnecessarily
impede commercial space sector activities;


Encourage free and fair trade in commercial space activities.
Consistent with the goals, principles, and policies


set forth in this directive, the United States Trade Representative
will consult, or, as appropriate, negctiate with other countries
to encourage free end fair trade in commercial space activities.
In entering into spacerelated technology development and transfer
agreements with other countries, Executive Departments and agencies
will take into consideration whether such countries practice and
encourage free and fair trade in commercial space activities.


Provide for the timely transfer of Governmentdeveloped space
technology to the private sector in such a manner as to protect
its commercial value, consistent with national security.


Price Governmentprovided goods and services consistent with
OMB Circular A25.

NATIONAL SECURITY SPACE SECTOR GUIDELINES


General:


The Department of Defense (DOD) will develop, operate, and
maintain an assured mission capability through an appropriate
mix of robust satellite control, assured access to space, onorbit
sparing, proliferation, reconstitution or other means.


The national security space program, including dissemination
of data, shall be conducted in accordance with Executive Orders
and applicable directives for the protection of national security
information and commensurate with both the missions performed
and the security measures necessary to protect related spaced
activities.


DOD will ensure that the national security space program incorporates
the support requirements of the Strategic Defense Initiative.


Space Support:


The national security space sector may use both manned and
unmanned launch systems as determined by specific mission requirements.
Payloads will be distributed among launch systems and launch
sites to minimize the impact of loss of any single launch system
or launch site on mission performance. The DOD will procure unmanned
launch vehicles or services and maintain launch capability on
both the East and West coasts. DOD will also continue to enhance
the robustness of its satellite control capability through an
appropriate mix of satellite autonomy and survivable command and
control, processing, and data dissemination systems.


DOD will study concepts and technologies which would support
future contingency launch capabilities.


Force Enhancement:


The national security space sector will develop, operate,
and maintain space systems and develop plans and architectures
to meet the requirements of operational land, sea, and air forces
through all levels of conflict commensurate with their intended
use.


Space Control:


The DOD will develop, operate, and maintain enduring space
systems to ensure its freedom of action in space. This requires
an integrated combination of antisatellite, survivability, and
surveillance capabilities.


Antisatellite (ASAT) Capability. The United States will
develop and deploy a comprehensive capability with programs as
required and with initial operations capability at the earliest
possible date.


DOD space programs will pursue a survivability enhancement
program with longterm planning for future requirements. The DOD
must provide for the survivability of selected, critical national
security space assets (including associated terrestrial components)
to a degree commensurate with the value and utility of the support
they provide to national level decision functions, and military
operational forces across the spectrum of conflict.


The United States will develop and maintain an integrated
attack warning, notification, verification, and contingency reaction
capability which can effectively detect and react to threats to
United States space systems.


Force Application. The DOD will, consistent with treaty obligations,
conduct research, development, and planning to be prepared to
acquire and deploy space systems should national security conditions
dictate.

INTERSECTOR GUIDELINES


The following paragraphs identify selected high priority cross-
sector efforts and responsibilities to implement plans supporting
major United States apace policy objectives:


Space Transportation Guidelines.


The United States national space transportation capability
will be based on a mix of vehicles, consisting of the Space Transportation
System (STS), unmanned launch vehicles (ULVs), and inspace transportation
systems. The elements of this mix will be defined to support
the mission needs of national security and civil government sectors
of United States space activities in the most cost-effective manner.


As determined by specific mission requirements, national security
space sector will use the STS and ULVs. In coordination with
NASA, the DOD will assure the Shuttle’s utility to national defense
and will integrate missions into the Shuttle system. Launch priority
will be provided for national security missions as implemented
by NASADOD agreements. Launches necessary to preserve and protect
human life in space shall have the highest priority, except in
times of national security emergency.


The STS will continue to be managed and operated in an institutional
arrangement consistent with the current NASA/DOD Memorandum of
Understanding. Responsibility will remain in NASA for operational
control of the STS for civil missions, and in the DOD for operational
control of the STS for national security missions. Mission management
is the responsibility of the mission agency.


United States commercial launch operations are an integral
element of a robust national space launch capability. NASA will
not maintain an expendable launch vehicle (ELV) adjunct to the
STS. NASA will provide launch services for commercial and foreign
payloads only where those payloads must be mantended, require
the unique capabilities of the STS, or it is determined that launching
the payloads on the STS is important for national security or
foreign policy purposes. Commercial and foreign payloads will
not be launched on government- owned or operated ELV systems except
for national security or foreign policy reasons.


Civil Government agencies will encourage, to the maximum extent
feasible, a domestic commercial launch industry by contracting
for necessary ELV launch services directly from the private sector
or with DOD.


NASA and the DOD will continue to cooperate in the development
and use of military and civil space transportation systems and
avoid unnecessary duplication of activities. They will pursue
new launch and launch support concepts aimed at improving costeffectiveness,
responsiveness, capability, reliability, availability, maintainability,
and flexibility. Such cooperation between the national security
and civil sectors will ensure efficient and effective use of national
resources.


Guidelines for the Federal Encouragement of Commercial Unmanned
Launch Vehicles (ULVs):


— The United States Government fully endorses and will facilitate
the commercialization of United States unmanned launch vehicles.
(ULVs).


The Department of Transportation (DOT) is the lead agency
within the Federal Government for developing, coordinating and
articulating Federal policy and regulatory guidance portaining
to United States commercial launch activities in consultation
with DOD, State, NASA, and other concerned agencies. All Executive
departments and agencies shall assist the DOT in carrying out
its responsibilities, as set forth in the commercial Space Launch
Act and Executive Order 12465.


The United States Government encourages the use of its launch
and launchrelated facilities for United States commercial launch
operations.


The United States Government will have priority use of government
facilities and support services to meet national security and
critical mission requirements. The United States Government will
make all reasonable efforts to minimize impacts on commercial
operations.


The United States Government will not subsidize the commercialization
of ULVs, but will price the use of its facilities, equipment,
and services with the goal of encouraging viable commercial ULV
activities in accordance with the Commercial Space Launch Act.


The United States Government will encourage free market competition
within the United States private sector. The United States Government
will provide equitable treatment for all commercial launch operators
for the sale or lease of Government equipment and facilities consistent
with its economic, foreign policy, and national security interests.


NASA and DOD, for those unclassified and releasable capabilities
for which they have responsibility, shall, to the maximum extent
feasible:


— Use best efforts to provide commercial launch firms with
access, on a reimbursable basis, to national launch and launchrelated
facilities, equipment, tooling and services to support commercial
launch operations;


— Develop, in consultation with the DOT, contractual arrangements
covering access by commercial launch firms to national launch
and launchrelated property and services they request in support
of their operations;


— Provide technical advice and assistance to commercial launch
firms on a reimbursable basis, consistent with the pricing guidelines
herein; and


— Conduct, in coordination with DOT, appropriate environmental
analyses necessary to ensure that commercial launch operations
conducted at Federal launch facilities are in compliance with
the National Environmental Policy Act.


Government ULV Pricing Guidelines. The price charged for the
use of United States Government facilities, equipment,


and service, will be based on the following principles:


Price all services (including those associated with production
and launch of commercial ULVs) based on the direct costs incurred
by the United States Government. Reimbursement shall be credited
to the appropriation from which the cost of providing such property
or service was paid.


The United States Government will not seek to recover ULV
design and development costs or investments associated with any
existing facilities or new facilities required to meet United
States Government needs to which the U.S. Government retains title;


Tooling, equipment, and residual ULV hardware on hand at the
completion of the United States Government’s program will be priced
on a basis that is in the best overall interest of the United
States Government, taking into consideration that these sales
will not constitute a subsidy to the private sector operator.


Commercial Launch Firm Requirements. Commercial launch firms
shall:


— Maintain all facilities and equipment leased from the United
States Government to a level of readiness and repair specified
by the United States Government;


ULV operators shall comply with all requirements of the Commercial
Space launch Act, all regulations issued under the Act, and all
terms, conditions or restrictions of any license issued or transferred
by the Secretary of Transportation under the Act.


Technology Transfer Guidelines.


The United States will work to stem the flow of advanced western
space technology to unauthorized destinations. Executive departments
and agencies will be fully responsible for protecting against
adverse technology transfer in the conduct of their programs.


Sales of United States space hardware, software, and related
technologies for use in foreign space projects will be consistent
with relevant international and bilateral agreements and arrangements.


Space Infrastructure. All Sectors shall recognize the importance
of appropriate investments in the facilities and human resources
necessary to support United States space objectives and maintain
investments that are consistent with such objectives. The National
Space Council will conduct a feasibility study of alternate methods
for encouraging private sector investment, including capital funding,
of United States space infrastructure such as ground facilities,
launcher developments, and orbital assembly and test facilities.


The primary forum for negotiations on nuclear and space arms
is the Nuclear and Space Talks (NST) with the Soviet Union in
Geneva. The instructions to the United States Delegation will
be consistent with this National Space Policy directive, established
legal obligations, and additional guidance by the President.
The United States will continue to consult with its Allies on
these negotiations and ensure that any resulting agreements enhance
the security of the United States and its Allies. Any discussions
on arms control relating to activities in space in forums other
than NST nust be consistent with, and subordinate to, the foregoing
activities and objectives.

SpaceRef staff editor.