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21 November 2024

Space - Outlook For The 119th Congress & The Trump Administration

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Akin Gump Strauss Hauer & Feld LLP

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Expect several space-related bills to be introduced in the 119th Congress, including on National Aeronautics and Space Administration (NASA) authorization, space regulatory reform and commercial space activities.
United States Transport

Key Takeaways

  • Expect several space-related bills to be introduced in the 119th Congress, including on National Aeronautics and Space Administration (NASA) authorization, space regulatory reform and commercial space activities.
    • The House passed a NASA authorization bill (H.R. 8958) in September 2024, while the House Science, Space and Technology Committee cleared a commercial space bill (H.R. 6131) in 2023 on a partisan basis. The Senate Commerce Committee has not acted on either yet. While it is not uncommon for agreement to be reached in the closing days of a Congress and added to a must-pass vehicle like the National Defense Authorization Act (NDAA), it is most likely that these issues are addressed next Congress.
    • Sen. Ted Cruz (R-TX) is expected to take over as Chair of the Senate Commerce, Science and Transportation Committee next Congress, while Sen. Maria Cantwell (D-WA) is expected to stay on as the top Democrat. Rep. Brian Babin (R-TX) is expected to take the gavel at the House Science, Space and Technology Committee, with Rep. Zoe Lofgren (D-CA) likely to stay on as the top Democrat. Given that both panels have jurisdiction over NASA and space policy, these lawmakers will play a key role in shaping the landscape next Congress.
  • The GOP platform includes a plank on space policy that provides some guidance as to where a Trump administration may prioritize:
    • The GOP platform for the 2024 election included a provision on space policy which emphasizes "Expanding Freedom, Prosperity and Safety in Space."
    • The provision expresses support for partnerships with the commercial space sector and for the establishment of a manufacturing industry in near-Earth orbit; it also declares the intention to revitalize the Artemis program to send crewed missions to the moon "and onward to Mars."
    • The platform declares that the GOP's goal for space policy is to "revolutionize our ability to access, live in, and develop assets in Space."

Additional Insights

  • President Trump has expressed his desire to "get to Mars before the end of [his] term."
  • The new administration is expected to "revamp" the Artemis moon landing program. The program, originated during the first Trump administration, has experienced significant delays under President Biden.
  • On the campaign trail, President Trump promised to launch a "Space National Guard" at the National Guard Association conference amidst controversy over President Biden's movement of Air National Guard units under Space Force command.
  • The first Trump administration was active in space policy, releasing seven Space Policy Directives, establishing the U.S. Space Force, launching the Artemis Accords, reestablishing the National Space Council and issuing an executive order on encouraging support for the commercial recovery and use of space resources. The 2020 National Space Policy promoted private industry involvement and incentives, expanding U.S. leadership, protecting national security interests and establishing a human presence on the Moon and eventually on Mars.
  • The new administration may focus on overall spending and government contracting resources and could further rely on the private space sector to leverage expertise, innovation and potential savings.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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