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Analysis of the American Space Commerce Free Enterprise Act of 2017

April 21, 2018
H.R. 2809
· Apr 21

(thread) So I guess it's time to analyze what this Bill does (and doesn't do) and how it lines up (or doesn't) with the Trump Admin's push for regulatory reform /1

Here is the current text of HR 2809. the American Space Commerce Free Enterprise Act that will be voted on by the House on April 24.
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· Apr 21

TLDR; HR 2809 makes several major changes to the way the USG provides oversight of commercial space activities that are basically about as "light touch" and industry-friendly as you can get /2

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· Apr 21

Like the WH proposal, the Bill moves nearly all licensing authority to Office of Space Commerce (OSC) under . keeps spectrum licensing and keeps launch & re-entry licensing /3

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· Apr 21

Also like the WH proposal, the Bill reforms existing remote sensing licensing process to improve certainty (although it now calls them "permits", which may just be semantics) /4

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· Apr 21

The Bill gives SecComm sole authority to decide permits, with "consultation" with other agencies as they consider necessary. This presumably restricts ability of community to block applications /5

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· Apr 21

The Bill also narrows the definition of what's covered by the permits, sets a 90-day timer for applications, a presumption of approval if Commerce doesn't act, and an appeals process for denials (all good things) /6

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· Apr 21

Also like the WH proposal, the Bill gives OSC new authority to provide "certification to operate" all the new types of commercial space activities not covered by current licenses (what the Obama Admin called "mission authorization" /7

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· Apr 21

The certification process has same 90-day timer, presumption of approval, and "consultation" requirement as remote sensing licensing process /8

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· Apr 21

However, the Bill places big restrictions on what US "international obligations" can be included in the process (only the Big 4 space treaties) /9

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· Apr 21

Companies only have to give a letter attesting that they are abiding by a few provisions of the OST (isn't that the responsibility of ????) and the USG must presume the companies are telling the truth /10

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· Apr 21

Leading you to wonder if maybe this is the new license application /11

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· Apr 21

Companies will be required to submit a mitigation plan, but it only covers a very limited number of items and ability of Commerce to require mitigation steps is very limited /12

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· Apr 21

The Bill does create civil (not criminal) penalties up to $500k for any company that does not comply with the requirements or operates without a permit/certificate /13

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· Apr 21

The Bill also includes a weird provision saying space is not to be considered a global commons (feels like this is someone's pet peeve) /14

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· Apr 21

The Bill authorizes (but does not appropriate) a paltry $5 million for OSC to carry out all these new duties, which is far more than they currently get but far less than what they likely need /15

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· Apr 21

Finally, the Bill does not really address the civil and Space Traffic Management policy changes that VP Pence announced last week (which will be the subject of another thread in the near future) /end

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