United States Space Governance

Key Takeaways

• US space governance spans civil, military, and commercial sectors.
• The National Space Council coordinates policy across diverse agencies.
• Commercial growth drives regulatory shifts in traffic and debris management.

Introduction

The governance of outer space activities in the United States involves a complex network of federal agencies, regulatory bodies, and strategic councils. As the global space economy transitions from a government-led model to one driven by commercial innovation, the structures overseeing these activities have had to adapt. This article examines the current architecture of US space governance, exploring the roles of the executive branch, regulatory agencies, national security apparatus, and the diplomatic corps. It also addresses how these entities manage the rapid growth of the commercial space sector, including satellite constellations, space tourism, and lunar exploration.

The Executive Branch and National Strategy

At the highest level of the United States government, space policy is not the domain of a single agency but a coordinated effort directed by the Executive Branch. The President of the United States sets the overarching vision, primarily through Executive Orders and Space Policy Directives. These documents establish the priorities that guide federal agencies, from NASA to the Department of Defense.

The Role of the President

The President holds the authority to define national interests in space. This involves balancing civil exploration, national security requirements, and commercial economic growth. The President’s directives serve as mandates for agency administrators to align their internal budgets and strategic plans. For instance, prioritizing a return to the Moon or focusing on climate monitoring from orbit begins with a directive from the Oval Office. The President also appoints the leaders of key agencies, ensuring that the personnel at the helm of NASA or the Department of Commerce share the administration’s vision for space utilization.

The National Space Council

The National Space Council serves as the primary hub for coordinating space policy across the federal government. Chaired by the Vice President, the Council includes cabinet-level members such as the Secretary of State, Secretary of Defense, Secretary of Commerce, and the Administrator of NASA.

The Council’s function is to ensure that the United States speaks with one voice regarding space. With so many stakeholders – military, intelligence, scientific, and commercial – interests often diverge. The military might prioritize spectrum for secure communications, while commercial providers want that same spectrum for consumer broadband. The Council mediates these conflicts and formulates recommendations for the President. It produces the Space Priorities Framework, a document that outlines the immediate goals for the nation, such as maintaining leadership in space exploration, addressing the climate crisis, and establishing rules for responsible behavior in orbit.

Office of Science and Technology Policy

Working alongside the Council is the Office of Science and Technology Policy (OSTP). The OSTP advises the President on the scientific and technological implications of budget decisions and policy choices. In the context of space, the OSTP helps coordinate interagency research and development. It ensures that investments in propulsion, materials science, or orbital debris mitigation are strategic and do not duplicate efforts across different departments. The OSTP also plays a role in international science cooperation, ensuring that US scientific goals align with global partnerships.

Primary Regulatory Bodies

While the White House sets the direction, specific regulatory bodies handle the day-to-day authorization and supervision of non-governmental space activities. The Outer Space Treaty requires nations to authorize and supervise the activities of their non-governmental entities. In the US, this responsibility is split among three primary agencies, often referred to as the regulatory triad: the Federal Aviation Administration, the Federal Communications Commission, and the Department of Commerce.

Federal Aviation Administration and Launch Licensing

The Federal Aviation Administration (FAA), an agency within the Department of Transportation, holds jurisdiction over launch and reentry operations. Specifically, the Office of Commercial Space Transportation (AST) manages this responsibility.

Launch and Reentry Oversight

Any US citizen or entity wanting to launch a rocket or return a spacecraft from orbit must obtain a license from the FAA. This process is not about certifying that the mission will succeed or that the business model is sound. Instead, the FAA focuses on public safety and the safety of property. They calculate the risk to the uninvolved public on the ground and in the air.

The FAA analyzes flight trajectories to ensure that if a rocket fails, its debris will not land in populated areas. They coordinate with air traffic control to clear airspace during launch windows. This coordination is becoming increasingly difficult as the cadence of launches increases. Florida’s Space Coast, for example, hosts launches frequently, requiring precise management to minimize disruptions to commercial aviation.

Spaceport Regulation

The FAA also licenses the operation of spaceports. While federal launch ranges like Cape Canaveral and Vandenberg exist, a growing number of commercial spaceports operate across the country. These facilities, often converted airports or purpose-built sites in remote areas, provide the ground infrastructure for commercial launch providers. The FAA ensures these spaceports have the necessary safety protocols, emergency response plans, and explosive siting plans to operate without endangering the local community.

Part 450 Regulations

A significant development in recent years is the implementation of the Part 450 Streamlined Launch and Reentry Licensing Requirements. Before this rule, regulations were prescriptive, telling companies exactly how to build safety systems. Part 450 shifted to a performance-based standard. It sets a safety threshold that companies must meet but allows them flexibility in how they achieve it. This change supports innovation, as companies can use novel technologies or procedures as long as they demonstrate safety. However, the transition has presented challenges, as both the industry and the regulator adapt to the new compliance demonstration processes.

Federal Communications Commission and Spectrum

The Federal Communications Commission (FCC) is an independent agency that regulates interstate and international communications. In the space sector, the FCC’s power comes from its authority over the electromagnetic spectrum.

Spectrum Allocation

Every satellite, whether it is taking pictures of the Earth or providing internet connectivity, needs to communicate with the ground. This requires radio frequency spectrum. The spectrum is a finite resource, and interference between satellites can render them useless. The FCC licenses the use of these frequencies for US commercial satellites and for foreign satellites serving the US market.

Getting an FCC license involves proving that a satellite system will not cause harmful interference to other existing users. This is a complex engineering and legal challenge, especially with the rise of mega-constellations. Companies like SpaceX and Amazon plan to deploy thousands of satellites for broadband internet. The FCC manages the “processing rounds” where these operators compete for priority to use specific bands of spectrum.

Orbital Debris Mitigation

Although the FCC is not a space safety agency by statute, its licensing authority allows it to enforce orbital debris rules. To get a spectrum license, an operator must submit an orbital debris mitigation plan. The FCC recently updated its rules, shortening the time a satellite can remain in orbit after its mission ends. The “5-year rule” requires operators to deorbit their low Earth orbit satellites within five years of mission completion, a reduction from the previous 25-year guideline. This proactive stance addresses the growing congestion in space, ensuring that dead satellites do not become hazards for future missions.

Department of Commerce and Space Industry Promotion

The Department of Commerce plays a dual role: it regulates specific activities and actively promotes the growth of the commercial space industry.

NOAA and Remote Sensing

Within the Department, the National Oceanic and Atmospheric Administration (NOAA) regulates commercial remote sensing. Any US entity operating a satellite that can sense the Earth – taking photos, radar images, or thermal scans – needs a license from NOAA.

This regulation exists to balance economic opportunity with national security. High-resolution imagery can be sensitive. NOAA uses a tiered licensing system. If the capabilities of a proposed satellite are already available on the global market, the license conditions are light. If the system offers novel, cutting-edge capabilities that could compromise US national security if misused, the government may impose restrictions, such as “shutter control” (limiting imaging of certain areas) or delaying the release of data. This tiered approach allows US companies to compete globally while protecting sensitive information.

Office of Space Commerce

The Office of Space Commerce (OSC) is the principal unit for space commerce policy activities. Its mission is to foster the conditions for the economic growth and technological advancement of the US commercial space industry. The OSC serves as an advocate for the industry within the executive branch.

Space Traffic Management

A major shift in governance is the transfer of responsibility for civil space traffic management (STM) from the military to the Department of Commerce. Historically, the military tracked all objects in space to protect its assets. However, sharing that data with commercial operators and issuing collision warnings is a civil function.

The OSC is building the Traffic Coordination System for Space (TraCSS). This system provides basic space situational awareness data and collision avoidance services to civil and commercial space operators. By moving this function to a civil agency, the government creates a more transparent environment that encourages international participation and allows the military to focus on defense-specific threats.

Export Controls

The Bureau of Industry and Security (BIS) within the Department of Commerce manages the Export Administration Regulations (EAR). While many space technologies are considered munitions and controlled by the State Department, a significant portion of commercial space technology has moved to the jurisdiction of the Commerce Department. This “Commerce Control List” includes many commercial satellites and related components. This shift facilitates easier trade with allied nations and supports the competitiveness of US manufacturers in the global marketplace.

Key Implementation Agencies and National Security

Beyond the regulators, several agencies are operational actors in space. They build, launch, and operate spacecraft, and they drive the demand for commercial services.

NASA: Civil Exploration and Research

NASA is the premier agency for civil space exploration. It does not regulate the industry but acts as a customer and a partner.

Artemis and Commercial Partnerships

The Artemis program, which seeks to return humans to the Moon, relies heavily on commercial partnerships. Instead of building every vehicle itself, NASA contracts with companies to provide services. The Human Landing System (HLS), for example, is a commercial contract where the company owns the design and the hardware, and NASA buys the service of landing astronauts on the lunar surface.

This model extends to the Commercial Lunar Payload Services (CLPS) initiative, where private robotic landers carry NASA science instruments to the Moon. By acting as a customer, NASA provides the foundational revenue that allows these companies to raise private capital and develop their technologies.

Low Earth Orbit Transition

NASA is also planning the transition away from the International Space Station (ISS). The agency does not intend to build a replacement station. Instead, it creates the Commercial LEO Destinations (CLD) program to support the development of private space stations. NASA will then purchase time and resources on these commercial stations for its astronaut training and scientific research. This strategy intends to foster a robust economy in low Earth orbit where the government is just one of many customers.

Department of Defense and the Space Force

The Department of Defense (DoD) is the largest government consumer of space technologies. Its mission is to deter aggression and protect US interests in space.

United States Space Force

The United States Space Force (USSF) is the newest branch of the armed services, organized under the Department of the Air Force. Its creation acknowledged space as a distinct warfighting domain. The Space Force is responsible for organizing, training, and equipping space forces. This includes operating the Global Positioning System (GPS), military satellite communications constellations, and missile warning satellites.

The Space Force also focuses on Space Domain Awareness (SDA). It maintains the catalog of objects in orbit, tracking thousands of satellites and pieces of debris. This data is fundamental for all space operations, civil and military. While the Department of Commerce is taking over the civil notification role, the Space Force maintains the sensors and the authoritative catalog.

Space Systems Command and SDA

Space Systems Command (SSC) is the acquisition arm of the Space Force. It is responsible for developing and buying the satellites and launch services the military needs. A notable shift in strategy is the move toward “proliferated architectures.” Instead of relying on a few massive, expensive satellites (often called “juicy targets”), the military acts through the Space Development Agency to build networks of hundreds of smaller satellites. This mesh network approach increases resilience; if an adversary disables one satellite, the network continues to function.

Department of State and Space Diplomacy

The Department of State leads the US government’s diplomatic efforts regarding space. Space is a global domain, and international cooperation is essential.

The Outer Space Treaty

The foundation of international space law is the 1967 Outer Space Treaty. The State Department ensures that US activities comply with this treaty and other international agreements. This includes the prohibition on placing nuclear weapons in orbit and the responsibility to avoid harmful contamination of celestial bodies.

The Artemis Accords

A key diplomatic initiative is the Artemis Accords. These are a set of non-binding principles that reinforce the Outer Space Treaty and establish norms for civil space exploration. Signatories agree to principles like transparency, interoperability, the release of scientific data, and the preservation of space heritage. The State Department works to expand the coalition of nations signing these accords, creating a framework for peaceful cooperation on the Moon and beyond.

ITAR and Export Controls

The Directorate of Defense Trade Controls (DDTC) within the State Department manages the International Traffic in Arms Regulations (ITAR). These regulations control the export of defense-related articles and services. Some space technologies, particularly those associated with launch vehicles (which share technology with ballistic missiles), fall under ITAR. These strict controls prevent sensitive technology from falling into the hands of adversaries but can also complicate international collaboration for US companies.

The Context of the New Space Economy

The governance structure described above operates against the backdrop of a rapidly evolving sector known as “New Space.” This term refers to the emergence of a private space industry that is independent of traditional government contracting models.

Rapid Market Growth

The cost of launching payloads to orbit has dropped dramatically, largely due to reusable rocket technology pioneered by SpaceX. This reduction in access barriers has triggered a boom in commercial activity. Investors are pouring capital into space startups, funding everything from Earth observation constellations to asteroid mining concepts. The governance system faces the challenge of keeping pace with this speed of innovation. Regulators who are used to reviewing a few government missions per year now face thousands of commercial license applications.

Novel Activities

The New Space economy introduces activities that were never envisioned when original space treaties were written.

• On-Orbit Servicing: Companies are developing tugs that can latch onto satellites to refuel them or fix mechanical issues. This extends the life of expensive assets but raises questions about proximity operations and safety zones.
• Space Manufacturing: Startups are experimenting with manufacturing pharmaceuticals, fiber optics, and semiconductors in microgravity. These high-value goods could justify the cost of return from orbit.
• Space Tourism: Suborbital and orbital tourism is becoming a regular occurrence. The FAA currently operates under a “learning period” moratorium on passing strict regulations for occupant safety, allowing the industry to mature before imposing rigid standards. This period is set to expire, sparking debate on how to regulate human safety on commercial spacecraft without stifling the nascent industry.

Evolving Regulatory Landscape

The proliferation of actors and activities creates gaps in the existing regulatory framework.

• Space Traffic Management: As noted, the transition of STM to the Department of Commerce is a direct response to the crowded orbital environment.
• Sustainability and Debris: The risk of the Kessler Syndrome – a cascading collision event – is real. Regulators act with urgency to enforce debris mitigation rules. This includes potential future requirements for “active debris removal,” where companies are paid to remove large, dangerous objects from orbit.
• International Norms: The US cannot regulate space alone. Satellites pass over every country. The US engages in international forums like the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) to promote responsible behavior. However, consensus is slow, leading the US to lead by example through initiatives like the Artemis Accords and unilateral bans on anti-satellite missile testing.

Interagency Coordination Challenges

With so many agencies involved, friction is inevitable. The “seams” between jurisdictions can create confusion for companies. A company wanting to launch a rocket, broadcast data from it, and take pictures of the Earth deals with the FAA, FCC, and NOAA simultaneously.

The Bureaucracy of Approvals

Navigating this triad requires significant legal resources. A delay in one agency can hold up the entire mission. For example, a launch license from the FAA is useless if the FCC has not yet granted the spectrum license for the payload. The National Space Council works to streamline this by encouraging interagency MOUs (Memorandums of Understanding) and identifying areas where requirements overlap or conflict.

Emerging Technologies and Jurisdiction

New technologies often don’t fit neatly into existing boxes. A nuclear-powered spacecraft for lunar transfer might involve the Department of Energy, the FAA, and the White House launching approval process. A commercial space station involves the FAA (launch), FCC (comms), and potentially new regulations for human safety and internal operations that don’t yet exist. The concept of “mission authorization” is currently debated in Congress. This would designate a specific agency (likely Commerce or Transportation) to authorize novel space activities that don’t fall under current launch or remote sensing rules, ensuring the US meets its supervision obligations under the Outer Space Treaty.

The Future of US Space Governance

The US governance model is in a state of active reform. Congress regularly considers legislation to update the authority of the Department of Commerce and the NASA authorization acts.

Digital Infrastructure for Regulation

Agencies are moving away from paper-based processing to digital platforms. The FAA and FCC are modernizing their filing systems to handle the volume of applications. The vision is a more automated regulatory environment where compliance checks can be run quickly, reducing the burden on both the government and the industry.

Global Leadership

The US model influences the world. As other nations develop their own space laws, they often look to the US framework as a template. By establishing clear, predictable, and transparent regulations, the US intends to attract global space companies to incorporate and operate within its jurisdiction. This “regulatory competition” ensures that the US remains the hub of the global space economy.

Summary

The governance of space activities in the United States is a multi-faceted enterprise involving the highest levels of the executive branch and a diverse array of regulatory and operational agencies. From the strategic direction provided by the National Space Council to the specific licensing functions of the Federal Aviation Administration, Federal Communications Commission, and Department of Commerce, the system is designed to balance safety, national security, and economic growth. As the New Space economy accelerates, introducing novel capabilities like in-orbit servicing and private space stations, this governance structure continues to evolve. The transition of traffic management to civil authorities and the focus on debris mitigation highlight a proactive approach to sustainability. Through domestic reform and international diplomacy, the United States establishes the rules of the road for the next era of cosmic exploration and commerce.

Appendix: Top 10 Questions Answered in This Article

Who is responsible for coordinating US space policy?

The National Space Council, chaired by the Vice President, coordinates space policy. It includes members from various cabinet departments to ensure a unified national strategy across civil, military, and commercial sectors.

What agency regulates commercial rocket launches?

The Federal Aviation Administration (FAA), specifically the Office of Commercial Space Transportation (AST), licenses commercial launches and reentries. Their primary mandate is to ensure the safety of the public and property during these operations.

How is space debris managed by regulators?

The Federal Communications Commission requires satellite operators to submit debris mitigation plans as part of their spectrum licensing process. This includes the “5-year rule,” which mandates that satellites in low Earth orbit be deorbited within five years of their mission’s end.

What role does the Department of Commerce play in space?

The Department of Commerce regulates commercial remote sensing (Earth observation) through NOAA. It also houses the Office of Space Commerce, which promotes the industry and is taking over responsibilities for civil Space Traffic Management.

Does NASA regulate private space companies?

No, NASA is a civil research and development agency and does not have regulatory authority over private companies. Instead, it acts as a partner and customer, purchasing services like cargo delivery and astronaut transport from commercial providers.

What is the purpose of the Artemis Accords?

The Artemis Accords are a set of principles led by the Department of State and NASA that establish norms for peaceful space exploration. Signatories agree to transparency, interoperability, and the release of scientific data, reinforcing the Outer Space Treaty.

How does the US military fit into space governance?

The Department of Defense, primarily through the United States Space Force, protects national interests and assets in space. They maintain Space Domain Awareness by tracking objects in orbit and developing technologies to deter aggression.

What are Part 450 regulations?

Part 450 refers to the Federal Aviation Administration Streamlined Launch and Reentry Licensing Requirements. These are performance-based regulations that allow companies flexibility in how they demonstrate safety, rather than following rigid, prescriptive rules.

Why does the FCC regulate satellites?

Satellites require radio frequency waves to communicate data to Earth. The Federal Communications Commission manages the electromagnetic spectrum to prevent harmful interference between different satellite systems and other users.

What is the “New Space” economy?

New Space refers to the shift from government-directed space activities to a commercial marketplace driven by private investment and innovation. This includes ventures in satellite internet, space tourism, and on-orbit servicing, necessitating updates to the governance framework.

Appendix: Top 10 Frequently Searched Questions Answered in This Article

What is the difference between NASA and the Space Force?

NASA is a civilian agency focused on scientific exploration, research, and technology development for peaceful purposes. The United States Space Force is a military branch within the Department of Defense responsible for national security, defense of space assets, and military operations.

Who owns the International Space Station?

The ISS is a partnership between five space agencies: NASA (US), Roscosmos (Russia), JAXA (Japan), ESA (Europe), and CSA (Canada). While not “owned” by a single entity, the US and Russia operate the primary segments, and governance is managed through intergovernmental agreements.

How do companies get permission to launch satellites?

Companies must navigate a multi-agency process. They need a launch license from the Federal Aviation Administration for the rocket, a spectrum license from the Federal Communications Commission for communications, and potentially a remote sensing license from NOAA if the satellite takes images.

What are the laws about mining on the Moon?

The Outer Space Treaty prohibits nations from claiming sovereignty over celestial bodies. However, the US interpretation, supported by the Commercial Space Launch Competitiveness Act of 2015, allows citizens to extract and own space resources, similar to fishing in international waters.

Why are there so many satellites launching now?

The cost of launching has decreased significantly due to reusable rockets, and satellites have become smaller and more capable. This economic shift allows companies to launch “mega-constellations” of thousands of satellites to provide global broadband internet coverage.

What happens if two satellites crash?

A collision creates thousands of pieces of high-speed debris that can threaten other spacecraft for decades or centuries. Liability is determined under the Liability Convention, where the launching state is responsible for damage caused by its space objects.

Can tourists go to space?

Yes, commercial companies like Blue Origin, Virgin Galactic, and SpaceX offer space tourism services. These activities are currently regulated by the Federal Aviation Administration under a regime that focuses on the safety of the uninvolved public rather than the passengers.

What is the Space Priorities Framework?

This is a policy document issued by the National Space Council that outlines the Biden-Harris Administration’s goals for space. It emphasizes maintaining US leadership, addressing the climate crisis, investing in STEM education, and establishing rules for responsible behavior in space.

Is there a speed limit in space?

No, there is no speed limit in the regulatory sense. Objects in orbit must travel at high velocities (about 17,500 mph for low Earth orbit) to maintain their altitude. Regulation focuses on trajectory safety and debris mitigation rather than speed.

What is Space Traffic Management?

Space Traffic Management (STM) is the coordination of on-orbit activities to prevent collisions. While the military historically handled this, the responsibility for civil and commercial coordination is transferring to the Department of Commerce to create a safer environment for the growing number of satellites.