Space Policy: NASA Programs, Commercial Space, and National Security

U.S. space policy encompasses civil space exploration and science (primarily through NASA), national security space (through the Space Force and intelligence community), and commercial space activities regulated by the FAA, FCC, and NOAA. The historical distinction between government-led and commercially-provided space services has blurred significantly, with NASA increasingly relying on commercial providers for crew and cargo transportation to the International Space Station and planning commercial alternatives for the ISS post-retirement.

The Artemis program builds on the Space Launch System (SLS) rocket and Orion spacecraft to return humans to the lunar surface, with the Artemis III mission planned to use SpaceX's Starship as the Human Landing System. The program envisions the construction of the Gateway, a small space station in lunar orbit, and development of sustained lunar surface operations. International partners, including ESA, JAXA, and CSA, are participating through the Artemis Accords framework, which has been signed by over 40 nations.

Commercial launch and reentry activities are regulated by the FAA's Office of Commercial Space Transportation under the Commercial Space Launch Act, as amended. The FAA issues licenses for launches and reentries, conducts safety reviews, and is responsible for protecting the uninvolved public. The current regulatory framework was designed primarily for expendable launch vehicles and is being adapted to accommodate reusable vehicles, commercial human spaceflight, and novel activities. A learning period moratorium on regulations specifically governing the safety of commercial spaceflight participants (passengers) has been extended multiple times.

The FCC licenses satellite communications systems, allocates spectrum for space operations, and has adopted rules requiring satellite operators to deorbit defunct satellites within five years of mission completion. NOAA regulates commercial remote sensing satellites. Export control of space technology is governed by the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), with ongoing debates about the appropriate balance between national security protections and commercial competitiveness.

Congress may consider comprehensive space legislation addressing gaps in the regulatory framework for novel commercial space activities, including in-space manufacturing, commercial space stations, lunar and asteroid resource utilization, and space tourism beyond suborbital flight. The Outer Space Treaty of 1967 provides that outer space is free for exploration and use by all nations and prohibits national appropriation of celestial bodies, but does not specifically address commercial resource extraction, which the U.S. has authorized under the Commercial Space Launch Competitiveness Act of 2015.

Other policy options include determining the long-term future of the ISS and the transition to commercial space stations, setting priorities for NASA exploration beyond the Moon, addressing space traffic management and orbital debris mitigation through new authorities for a civil space situational awareness entity, and investing in space-based infrastructure for national security applications. The growing strategic competition with China in space, including China's independent space station and lunar exploration program, adds a geopolitical dimension to space policy decisions.

The Artemis program has experienced schedule delays and cost growth, with Artemis II (the crewed lunar orbit mission) delayed from 2024 to 2025. Commercial crew and cargo programs continue to operate successfully, with SpaceX providing routine crew transportation to the ISS. The commercial space station development program has made progress, with multiple companies selected for development contracts. Space Force has continued to mature as an organization, with increasing emphasis on contested space operations and resilient space architectures. Congressional oversight has focused on Artemis program management, commercial space regulation, orbital debris policy, and the national security implications of commercial space activities.