White House Releases Executive Order on "Ensuring American Space Superiority"

President Donald Trump signed an executive order (EO) on Dec. 18, 2025, titled "Ensuring American Space Superiority," with the goal of enhancing U.S. leadership in space through several initiatives. Among other things, the EO calls for returning Americans to the moon by 2028 under the Artemis program and establishing the initial elements of a permanent lunar outpost by 2030. In addition, the EO emphasizes the development of space nuclear power systems, including a lunar surface reactor to be ready for launch by the end of the decade.

The EO also emphasizes national security concerns, acquisition reform and spectrum leadership. Notably, the EO revokes the National Space Council (NSpC), which was disbanded in 1993 but revived under the first Trump Administration in 2017.

National Security Space Architecture and Acquisition Reform

To address security concerns in space, the EO requires agencies to prepare a plan within 180 days for a responsive national security space architecture. This plan will support the development of a broader National Space Security Strategy.

The EO instructs NASA and the U.S. Department of Commerce to propose acquisition process reforms within 180 days. The EO directs these bodies to consider the use of authorities such as Other Transactions Authority (OTA) and Space Act Agreements (SAAs) to promote streamlined acquisitions. These reforms are intended to accelerate space-related procurement and encourage the use of commercial solutions and flexible contracting mechanisms.

Spectrum Leadership

Within 120 days, the Commerce Department, working with the White House, must report on opportunities to improve spectrum management and sharing for space operations. This review is aimed at supporting both government and commercial activities in an increasingly congested spectrum environment. The EO follows recent Notices of Proposed Rulemakings (NPRMs) introduced by the Federal Communications Commission (FCC), Space Modernization for the 21st Century and Facilitating More Intensive Use of Upper Microwave Spectrum, aimed at modernizing and streamlining the licensing process and expanding the commercial use of available spectrum. (See Holland & Knight's previous alert, "FCC Rulemaking on Space Station Licensing and Spectrum Sharing in the Upper Microwave Bands," Nov. 3, 2025.)

Governance Changes

The EO makes notable governance adjustments by revoking the NSpC and revising Space Policy Directive-3. The NSpC is a body that sits within the executive branch and is typically chaired by the vice president. It is unclear from the EO whether the NSpC will be reconstituted in another form based on its existing statutory authority or if a new body will be created to take its place.

The revision to Space Policy Directive-3 directs government-provided space traffic services, such as space situational awareness (SSA) and space traffic management (STM) data, to be available specifically for "commercial and other relevant use" and eliminates the previous requirement that such services be offered "free of direct user fees." As a result, commercial space operators could bear the cost of accessing real-time traffic and debris-tracking data. The idea of commercial entities paying for STM data has historically been an unpopular one in the space industry and, in July 2025, several space industry organizations sent a letter to U.S. House of Representatives and Senate leaders urging against cuts to the Office of Space Commerce's space traffic coordination system.

Implications for Industry

The EO does not impose any immediate compliance obligations on commercial space operators, but its requirements could lead to significant changes in the regulatory and procurement landscape. Companies should anticipate potential shifts in government contracting practices, including the development of flexible acquisition methods and a strong emphasis on domestic sourcing and supply chain security.

Spectrum policy is another area to watch closely. The Commerce Department's forthcoming report on spectrum sharing and leadership, coupled with the FCC's recent NPRMs mentioned above, may lead to adjustments in allocation or coordination frameworks, which could affect satellite operators, Earth station providers and other stakeholders reliant on spectrum access.

Overall, though the EO does not immediately alter licensing or export control requirements, it suggests that agencies involved in licensing or procurement will focus on tighter integration of commercial capabilities and national security objectives. Companies operating in the space sector should prepare for a policy environment that prioritizes resilience, rapid acquisition and strategic competition.

Recommended Next Steps

In the near term, companies should closely monitor the reports mandated by the EO that are due within the next 90 to 180 days, as these documents will likely provide insight into future rulemaking and procurement priorities. Understanding these can help organizations anticipate changes and adjust strategies accordingly.

Companies seeking government contracts should review their contracting approaches and consider how to align with anticipated reforms. Flexible acquisition methods such as OTA and emphasizing domestic resilience will likely become a focus in the procurement process moving forward. Finally, companies specializing in lunar infrastructure, nuclear power systems or advanced space technologies should assess how the EO's long-term goals could influence market demand and investment priorities going forward.

Clients with questions on how the EO could impact their business are encouraged to contact the authors.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.