Akin Space Law, Regulation And Policy Update | February 23, 2026

Good Afternoon!

"You know what makes this bird go up? Funding makes this bird go up." Dennis Quaid's line from The Right Stuff has felt less like movie dialogue and more like a policy memo these past two weeks in Washington. OMB paused funding for select NASA missions after Congress brushed aside the administration's proposed budget cuts; Senate Armed Services Chair Roger Wicker says he has "a million questions" about the Golden Dome budget; NASA's Starliner Crew Flight Test investigation found that program-viability concerns influenced decision-making; and the U.S., China and others are accelerating efforts to procure commercial space assets for military use.

All this and more in this edition of Akin's Space Law, Regulation and Policy Update

Akin Spotlight

If you're attending Space Beach Law Lab this week (or will be in the Long Beach area), we hope you'll join us for cocktails, space talk and fun tomorrow, Tuesday, February 24. Click here to RSVP.

On The Hill

Articles and Quotes

Senate Committee Advances FCC Satellite Licensing Bill After Changes (SpaceNews) The Senate Commerce, Science and Transportation (CST) Committee advanced an amended version of the Satellite and Telecommunications Streamlining Act (S. 3639) on February 12, approving the bill by voice vote after revising provisions related to automatic approval of satellite license applications. The measure would require the Federal Communications Commission (FCC) to act on satellite and ground station applications within one year but modifies earlier "deemed granted" language that had raised concerns about automatic approval of large constellations if the agency failed to act. Under the revised bill, the FCC must establish eligibility criteria for automatic approvals within two years, taking into account factors such as constellation size, orbital configuration, spectrum use and potential interference, and may exclude systems above a specified satellite threshold or those involving federal spectrum. The updated language also provides a 15-business-day window for final agency action once a deemedgranted deadline is triggered. Committee leaders stated the changes were intended to streamline licensing while maintaining safeguards related to interference, defense, weather and aviation systems

GOP Questions Swirl on Golden Dome (Punchbowl News) Republican lawmakers have signaled growing questions about the Pentagon's "Golden Dome" missile defense initiative as Donald Trump prepares his fiscal year (FY) 2027 budget request, where the layered homeland defense program integrating ground-, air- and space-based systems is expected to feature prominently. The initiative received $23 billion in one-time funding through the One Big Beautiful Bill Act (OBBBA), but members of Congress said they are still awaiting detailed plans from the Department of Defense (DoD or Department of War (DoW)) on how those funds will be allocated. "There are a million questions, a million details," said Roger Wicker (R-MS), Chair of the Senate Armed Services Committee (SASC). "But I think it's a sound concept and I think the American people are supportive of it." Sen. Lisa Murkowski (R-AK), a senior appropriator, said, "I can tell you how much we included within the reconciliation bill for Golden Dome, but in terms of what it exactly means, I think the Congress is still waiting to hear on that as well..." Asked where she thinks the project is going, Murkowski responded: "That's what I'd like to know." Sen. Jack Reed (D-RI), SASC Ranking Member, said, "I would hope we could have hearings on it — both classified and unclassified — to lay out the plan and also talk about budgets and where the money's coming from, and how we're going to integrate technology." Rep. Brian Mast (R-FL), Chair of the House Foreign Affairs Committee, predicted the program would generate significant debate among appropriators.

Introduced Legislation & Legislative Updates

Rep. Don Beyer (D-VA) introduced the Methane Monitoring Science Act of 2026 (H.R. 7416) which mandates that the National Aeronautics and Space Administration (NASA) Administrator, in consultation with federal agencies, develop a consensus-driven strategy to evaluate groundbased, airborne and space-based methane detection technologies within 18 months of enactment.

Rep. Haley Stevens (D-MI) introduced the NASA C-UAS Act (H.R. 7379), which amend title 51, United States Code, to provide the NASA authority to detect, identify, monitor and track unmanned aircraft systems.

The Senate Committee on Commerce, Science and Transportation ordered the Satellite and Telecommunications Streamlining Act (S. 3639) to be reported with an amendment in the nature of a substitute favorably.

Please find our Space Legislation Tracker here.

Recent and Upcoming Congressional Hearings

(February 10, 2026 - February 28, 2026) On February 10, the House Committee on Homeland Security held an oversight hearing.

On February 10, the Senate Select Committee on Intelligence (SSCI) held a closed business meeting and briefing to consider pending intelligence matters.

On February 11, SSCI held a closed briefing on intelligence matters. On February 11, the SASC held a hearing titled "To receive testimony from the Senior Enlisted Leaders on servicemember and family quality of life."

On February 12, the Senate Committee on Homeland Security and Government Affairs held an oversight hearing.

On February 24, the House Armed Services Committee (HASC) will hold a hearing titled "Modernization of the Organic Industrial Base."

On February 26, SASC will hold a hearing to consider nominations.

In the White House/Executive Branch

Articles and Quotes

White House Withholds NASA Science Funds (Politico)

On February 11, The White House's Office of Management and Budget (OMB) directed a temporary pause on funding for several of NASA's science missions, despite Congress having restored most of the agency's science budget in a recently enacted appropriations bill. An internal email to NASA centers indicated the hold applies to a range of science programs, including Earth and climate-related missions as well as planetary research efforts that the administration had previously proposed cutting in its FY2026 budget request. NASA stated that no projects have been canceled and characterized the action as a short-term pause tied to the apportionment process while spend plans are reviewed in coordination with OMB. The temporary hold is expected to last approximately 10 days, though it may be extended pending further guidance.

DoD Eyes Commercial Satellites That Can Spy on Other Satellites (Defense News) The DoD is seeking commercially developed satellites capable of conducting high-resolution surveillance of other spacecraft in geosynchronous orbit (GEO) under a new Defense Innovation Unit (DIU) solicitation dubbed the Geosynchronous High-Resolution Optical Space-Based Tactical Reconnaissance project, or "Ghost Recon." The effort aims to address gaps in U.S. ability to maintain custody and closely characterize friendly and adversarial satellites in GEO, including through drive-by inspections and rendezvous and proximity operations. DIU is requesting scalable, lower-cost designs that can be launched within two years, transferred to government ownership within three years and demonstrate regular maneuvering and inspection missions thereafter. Proposed systems must provide detailed space-to-space imagery from standoff distances and support identification, battle damage assessment, and monitoring of resident space objects, including potentially uncooperative targets. The solicitation also notes requirements for GEO endurance, launch compatibility with National Security Space Launch standards and the potential for in-space refueling to extend operational life and maneuverability.

Starliner Investigation Identifies Flawed NASA Decision Making (SpaceNews) NASA has classified the 2024 Crew Flight Test of Boeing's CST-100 Starliner as a "Type A" mishap, its most serious category, following an independent investigation that cited both technical failures and flawed agency decision-making. The mission experienced multiple thruster failures during approach to the International Space Station (ISS), leading NASA to return the spacecraft uncrewed while astronauts Suni Williams and Butch Wilmore remained aboard the station for more than eight months before returning on a separate vehicle. NASA Administrator Jared Isaacman said the investigation found deficiencies not only in spacecraft design and engineering, but also in leadership oversight and program management, including insufficient follow-through on earlier thruster issues observed during prior uncrewed flights. The report concluded that concerns about program viability influenced decisions, and Isaacman said the mishap designation is intended to ensure full accountability and capture lessons learned. NASA stated it will not proceed with additional crewed or uncrewed Starliner missions until technical root causes are addressed, while reaffirming its commitment to maintaining two commercial crew providers and continuing preparations for future missions, including Artemis 2.

NASA Pauses Work on Several Programs Pending Response to White House Executive Order (SpaceNews) NASA has paused work on several major programs pending its response to a December White House Executive Order on national space policy, according to Administrator Jared Isaacman. The order directs NASA to outline plans for advancing U.S. leadership in space exploration, expanding human presence beyond Earth and supporting a National Initiative for American Space Nuclear Power, while also reviewing procurement and acquisition processes. Programs affected include the Fission Surface Power initiative to develop a lunar nuclear reactor, the Commercial Low Earth Orbit Development program supporting future commercial space stations to succeed the International Space Station, lunar rover procurements for Artemis missions and ongoing deliberations over Mars Sample Return. Isaacman said further details on program direction, including potential reforms to Mars Sample Return and nuclear power efforts, would be communicated in the coming weeks.

Space Force Surveys Industry for Refueling Tech (Air & Space Forces Magazine) The U.S. Space Force issued a February 13 request for information seeking commercially developed satellite refueling capabilities that could be operational by 2030, as it evaluates the military utility and economic viability of on-orbit refueling for national security spacecraft. The notice focuses on servicing vehicles compatible with two previously approved refueling interfaces and requests information on systems that have reached at least a preliminary design review stage, as well as associated ground architecture and planned demonstrations. The timeline aligns with the planned RG-XX space domain awareness constellation, which could become the first operational system designed with refueling capability to augment the Geosynchronous Space Situational Awareness Program. While officials continue to debate whether refuelability should be a formal requirement for future satellites, the service is advancing multiple demonstrations in the coming years to inform decisions on in-space logistics, maneuver enhancement and sustained space operations as part of a broader effort to enable more dynamic mission capabilities.

Space Force Needs to Double in Size, Top Enlisted Leader Says (Federal News Network) The U.S. Space Force should double in size to meet expanding national security demands, Chief Master Sgt. of the Space Force John Bentivegna told the Senate Armed Services Committee on February 11. Bentivegna said that while reaching just over 10,000 uniformed Guardians in 2025 marked a milestone, the current force is insufficient for assigned missions and that doubling end strength is a "national security necessity." The service has already exceeded its fiscal 2026 recruiting goal by 25% within the first five months of the year and has met or surpassed recruiting targets annually since its establishment in 2019. Senior leaders, including Vice Chief of Space Operations Gen. Shawn Bratton and former Air Force Secretary Frank Kendall, have similarly argued for sustained annual growth, citing the rapid increase in satellites overseen by the service and a budget that has risen to nearly $40 billion in 2026. Officials said that while recruitment demand remains strong, expanded infrastructure and congressional authorization would be required to support a larger force.

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