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On Aug. 20, 2026, President Donald Trump issued National Security Presidential Memorandum 17 (NSPM-17), The National Space Transportation Policy, establishing a new federal policy framework for U.S. space transportation. The policy directs federal agencies to expand launch and reentry capacity, increase commercial access to federal ranges, modernize supporting infrastructure, address airspace and spectrum constraints, strengthen the domestic space transportation industrial base, and expand the use of commercial transportation services for federal missions. It also sets a national goal for U.S. space transportation ranges to support more than 1,000 launches and reentries annually by 2030. NSPM-17 supersedes and revokes the National Space Transportation Policy issued in 2013.

The policy reflects the Trump administration’s broader effort to increase the scale and competitiveness of the U.S. commercial space industry. Rather than creating a new licensing regime, NSPM-17 assigns implementation responsibilities across the Department of Transportation (DOT), Department of Commerce (Commerce), Department of War (DOW), NASA, Federal Communications Commission (FCC), Department of State (State), Department of the Interior (Interior), and other agencies. Many of the policy’s principal directives carry 90-, 120-, 180-, or 240-day implementation deadlines, making subsequent agency actions relevant to companies involved in launch, reentry, spaceports, in-space transportation, federal contracting, and related infrastructure.

Policy Seeks to Expand Launch and Reentry Capacity

A central focus of NSPM-17 is expanding the physical and operational capacity of U.S. launch and reentry infrastructure. The policy directs DOW and NASA to operate federal launch and reentry ranges accommodating both government and nongovernment users and directs federal agencies to facilitate commercial access to federal sites. Foreign vehicle reentry requests will be reviewed by the assistant to the president for science and technology and the assistant to the president for national security affairs on a case-by-case basis, in conjunction with relevant agencies. Agencies are also instructed to consider leases, commercial investment, and public-private partnerships for capital improvements on federal property, expedite facility permitting and environmental reviews, and develop fair and transparent cost-recovery policies for common infrastructure and services.

Within 180 days, DOW, working with NASA and other agencies, must develop federal range-scheduling criteria intended to maximize efficient use of range resources for commercial users while preserving government access. Within the same period, DOT must separately identify potential locations for additional launch facilities or targeted infrastructure improvements, integrate launch and reentry management into broader airspace and air traffic control modernization efforts, and designate priority airspace for critical space launch corridors.

The policy also places new emphasis on reentry infrastructure. Within 90 days, Interior must identify federal land for an additional designated federal reentry site. DOT must evaluate safety criteria for the site within 180 days, and Commerce must prepare a development plan addressing commercial access, infrastructure, and co-development opportunities within 240 days.

NSPM-17 also directs DOW to evaluate barriers to rapid and responsive access to space, including the ability to accommodate launches within 48 hours of need and from expeditionary locations for high-priority civil and national security missions.

Spectrum and Airspace Are Treated as Space Transportation Infrastructure

The policy recognizes that higher launch cadence will depend not only on additional launch pads and ranges but also on increased access to airspace and spectrum. Commerce and the FCC must ensure reliable spectrum access for commercial and federal launch, reentry, recovery, and on-orbit activities and report to the president within 180 days on their approach.

Implementation is already underway. On Aug. 25, 2026, the FCC issued a public notice, Ensuring Reliable Access to Spectrum for Space Launch Activities to Achieve the Goals of the President’s National Space Transportation Policy (Docket No: 13-115, RM-12025), seeking comment on potential actions to ensure reliable spectrum access for space launch and reentry activities. The proceeding seeks input on spectrum requirements and potential measures to support greater launch cadence. Comments are due Sept. 14, 2026, and reply comments are due Sept. 24, 2026.

DOT and FAA have likewise issued a Request for Information (RFI), Siting New Spaceports and Use of Priority Airspace for Critical Space Launch Corridors (Docket No. FAA-2026-9736), addressing potential locations for new spaceports and the development of priority airspace for critical space launch corridors. The FAA notes that Cape Canaveral Space Force Station, Kennedy Space Center, and Vandenberg Space Force Base currently account for approximately 83% of U.S. launches, and the agency identifies federal range capacity as a potential bottleneck to future growth. Comments on the RFI are due Oct. 26, 2026.

Policy Calls for a Space Transportation Industrial Base Strategy

NSPM-17 directs the assistant to the president for science and technology, working with relevant agencies, to develop and implement a space transportation industrial base strategy within 180 days. The strategy is to promote a competitive and resilient domestic industry, increase capability and affordability, improve supply-chain resilience, and support workforce development and retention. The strategy must be reviewed and updated as appropriate every two years.

The policy also addresses international commercial competitiveness. Within 120 days, State and Commerce must review and update export policies and programs relating to U.S. space transportation capabilities. The review expressly encompasses foreign sales, co-investment and co-development, market access, regulatory alignment, technology protection, and industry advocacy. State and Commerce must also review export controls, in coordination with DOW, with the stated objective of enabling additional U.S. export opportunities for space transportation capabilities to allies and partners consistent with national security, nonproliferation, and other U.S. interests.

Foreign Launch and Reentry Requests Will Receive Case-by-Case Review

The policy establishes a process for considering requests to launch foreign space vehicles from, or permit their reentry into, the United States for commercial purposes. The assistant to the president for science and technology and assistant to the president for national security affairs must coordinate the review and provide a recommendation to the president within 60 days after receiving the required information.

The review must consider national security, foreign policy and nonproliferation interests; effects on the competitiveness of the U.S. space industrial base; verifiable foreign direct investment in U.S. space markets; liability and indemnification arrangements; and potential effects on federal launch infrastructure and availability. The framework may therefore be relevant to foreign launch providers, investors, joint ventures, and U.S. spaceports considering partnerships involving foreign vehicles or capital.

Federal Agencies Directed to Favor Commercial Transportation

NSPM-17 reinforces the federal government’s role as a customer for commercial space transportation. DOW and NASA are directed to favor commercial space transportation services for U.S. government needs and, absent public-safety or national-security requirements, to refrain from government transportation activities that would preclude, discourage, or compete with U.S. commercial providers. Agencies are also directed to preserve multiple avenues for deploying government payloads, coordinate acquisitions, improve consistency in new-entrant certification, expand rideshare and hosted-payload opportunities, and develop standardized spacecraft interfaces that may allow payloads to be remanifested among vehicles more rapidly.

The policy generally requires U.S. government payloads to be launched or transported in space aboard U.S.-manufactured vehicles, subject to exceptions for certain international cooperative programs, secondary science and technology payloads, and hosted-payload arrangements. NSPM-17 does not specify what percentage of a vehicle must be U.S.-manufactured to qualify.

NSPM-17 extends the commercial transportation policy beyond launch and reentry. NASA must develop a lunar logistics architecture facilitating commercial transportation to and from the lunar surface and explore commercial approaches to robotic and human transportation to Mars. DOW must pursue commercial in-space transportation and logistics services, consider those services when developing military architectures, and explore rapid and resilient launch architectures, including relocatable equipment.

Practical Considerations

This policy has broad implications across the space transportation industrial base. Launch and reentry operators may wish to engage with Interior, DOT, Commerce, and the Office of Science and Technology Policy to ensure their interests are considered during the interagency review and development of a plan for a new federal range. Industry also has an opportunity to positively impact the review and reform of export controls applicable to launch and reentry vehicle and range operators and may wish to petition both the Bureau of Industry and Security and the Directorate of Defense Trade Controls.


*Special thanks to Leo Harris˘ for contributing to this GT Alert.

˘Not admitted to the practice of law.