jim@pnet01.cts.COM (Jim Bowery) (12/21/89)
This is part 2 of a 2 part posting of the unclassified portion of
the National Space Council's National Space Policy announced
November 16, 1989.
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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 high-level 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 iwll
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
Representatives will consult, or as appropriate, negotiate with
other countries to encourage free and fair trade in commercial
space activities. In entering into space-related 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.
-- Price Government-provided goods and services
consistent with OMB Circular A-25.
NATIONAL SECURITY SPACE SECTOR GUIDELINES
- General:
-- The Department of Defenese (DOD) will develop,
operate, and maintain an assured mission capability through an
appropriate mix of robust satellite control, assured access to
space, on-orbit 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 proctect
related space missions.
-- 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 capabilies.
- 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 operaions capability at
the earliest possible date.
-- DOD space programs will pursue a survivability
enhancement program with long-term planning for future
requirements. The DOD must provide for the survivability of
selected, critical national security space assets (including
assicuated 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 Applicatoin. 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.
INTER-SECTOR GUIDELINES
The following paragraphs identify selected, high priority cross-
sector efforts responsibilities to implement plans supporting
major United States space 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 in-space 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 NASA-DOD 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 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 man-tended,
require the unique capabilities of the STS, or it is determined
that launching 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 cost-effectiveness, 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 Department of Transportation (DOT) is the lead
agency within the Federal Government for developing,
coordinating, and articulating Federal policy and regulatory
guidance pertaining 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 launch-related 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 privide 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 launch-related 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 launch-related property and services
they request in support of their operations;
--- Provide technical advice and assistance to
commercial launch firms on 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 rediness 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 control 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 must be consistent with, and
subordinate to, the foregoing activities and objectives.
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