The American Space Free Enterprise Act and the Space Frontier Act take two different approaches towards authorization and continuing supervision, but both bills do so with the goals of streamlining the process to make is less burdensome for applicants to obtain a license. The key difference is the approaches is who the bills designate respectively as the lead agency and their view on the treatment of article VI of the Outer Space Treaty. The American Space Commerce Free Enterprise Act simplifies and strengthens the space-based remote sensing regulatory system, enhances U.S. compliance with international obligations, improves national security, and removes regulatory barriers facing new and innovative space operators.

The Space Frontier Act primarily focuses on reforms to regulation of commercial launches and remote sensing. It includes language for the streamlining of processes for licensing launches and reentries as well as for licensing remote sensing spacecraft. It also includes language authorizing an extension of the International Space Station to 2030.

The Space Frontier Act of 2018 Highlights:

• To reduce regulatory burdens and streamline processes related to commercial space activities, and for other
  purposes.
• It is the policy of the United States to provide oversight and continuing supervision of nongovernmental space activities in a manner that encourages the fullest commercial use of space, consistent with section 20102(c) of title 51, United States Code.
• It is the sense of Congress that— (1) increased activity and new applications in space could grow the space economy; (2) it is in the national interest of the United States— (A) to encourage and promote new and existing nongovernmental space activities; and (B) to provide authorization and continuing supervision of those activities through a process that is efficient, transparent, minimally burdensome, and generally permissive; and (3) to conduct those activities in a manner that fully protects United States national security assets, NASA human spaceflight and exploration systems, NASA and NOAA satellites, and other Federal assets that serve the public interest.
• Section 102 Office of Commercial Space Transportation: The Assistant Secretary for Commercial Space Transportation shall serve as the Associate Administrator for Commercial Space Transportation. It is the sense of Congress that, in the absence of comprehensive regulatory reform, the Secretary of Transportation should make use of existing authorities, including waivers and safety approvals, as appropriate, to protect the public, make more efficient use of resources, and reduce the regulatory burden for an applicant for a commercial space launch or reentry license or experimental permit.
• Section 107 Regulatory Reform: Congress finds that the commercial space launch regulatory environment has at times impeded the United States commercial space launch sector in its innovation of small-class launch technologies, reusable launch and reentry vehicles, and other areas related to commercial launches and reentries. The objective of this section is to establish, consistent with the purposes described in section 50901(b) of title 51, United States Code, a regulatory regime for commercial space launch activities under chapter 509 that—
  • (A) creates, to the extent practicable, requirements applicable both to expendable launch and reentry vehicles and to reusable launch and reentry vehicles;
  • (B) is neutral with regard to the specific technology utilized in a launch, a reentry, or an associated safety system;
  • (C) protects the health and safety of the public;
  • (D) establishes clear, high-level performance requirements;
  • (E) encourages voluntary, industry technical standards that complement the high-level performance requirements established under subparagraph (D); and
  • (F) facilitates and encourages appropriate collaboration between the commercial space launch and reentry sector and the Department of Transportation with respect to the requirements under subparagraph (D)
• 60124. Authorization to conduct nongovernmental Earth observation activities: No person may conduct any nongovernmental Earth observation activity without an authorization issued under this subchapter. The Secretary may waive a requirement under this subchapter for a nongovernmental Earth observation activity, or for a type or class of nongovernmental Earth observation activities, if the Secretary decides that granting a waiver is consistent with section 60121. A person seeking an authorization under this subchapter shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require for the purposes described in section 60121, including—
  • (A) a description of the proposed Earth observation activity, including—
    • (i) a physical and functional description of each space object;
    • (ii) the orbital characteristics of each space object, including altitude, inclination, orbital period, and estimated operational lifetime; and
    • (iii) a list of the names of all persons that have or will have direct operational or financial control of the Earth observation activity;
  • (B) a plan to prevent orbital debris consistent with the 2001 United States Orbital Debris Mitigation Standard Practices or any subsequent revision thereof; and
  • (C) a description of the capabilities of each instrument to be used to observe the Earth in the conduct of the Earth observation activity.
• Section 301 Promoting Fairness and Competitiveness for NASA Partnership Opportunities (1) fair access to available NASA assets and services on a reimbursable, noninterference, equitable, and predictable basis is advantageous in enabling the United States commercial space industry; (2) NASA should continue to promote fairness to all parties and ensure best value to the Federal Government in granting use of NASA assets, services, and capabilities in a manner that contributes to NASA’s missions and objectives; and (3) NASA should continue to promote small business awareness and participation through advocacy and collaborative efforts with internal and external partners, stakeholders, and academia.
• Section 303 Sense of Congress on Maintaining a National Laboratory in Space: It is the sense of Congress that—
  • (1) the United States segment of the ISS (designated a national laboratory under section 70905 of title 51, United States Code)—
    • (A) benefits the scientific community and promotes commerce in space;
    • (B) fosters stronger relationships among NASA and other Federal agencies, the private sector, and research groups and universities;
    • (C) advances science, technology, engineering, and mathematics education through utilization of the unique microgravity environment; and
    • (D) advances human knowledge and international cooperation;
  • (2) after the ISS is decommissioned, the United States should maintain a national laboratory in space;
  • (3) in maintaining a national laboratory described in paragraph (2), the United States should make appropriate accommodations for different types of ownership and operational structures for the ISS and future space stations;
  • (4) the national laboratory described in paragraph (2) should be maintained beyond the date that the ISS is decommissioned and, if possible, in cooperation with international space partners to the extent practicable; and
  • (5) NASA should continue to support fundamental science research on future platforms in low-Earth orbit and cis-lunar space.
• Section 304 Continuation of the ISS; Maintaining use through at least 2028.—Section 70907 of title 51, United States Code, is amended by striking “2024” each place it appears and inserting “2030”. Maintenance of the United States segment and assurance of continued operations of the International Space Station.—Section 503(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) is amended by striking “2024” and inserting “2030”. Section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is amended by striking “2024” each place it appears and inserting “2030”.

American Space Commerce Free Enterprise Act (115th Congress 2017-2018) Highlights:

• This bill grants the Office of Space Commerce of the Department of Commerce the authority to issue certifications to U.S. nationals and nongovernmental entities (U.S. entities) for the operation of human-made objects launched from Earth and the items carried on them (space objects).
• The office shall require only one certification for a U.S. entity to: conduct multiple operations using a single space object, operate multiple space objects that carry out substantially similar operations, or use multiple space objects to carry out a single space operation.
• The bill sets forth requirements for the approval of applications for the issuance or transfer of a certification. Applications must include a space debris mitigation plan.
• The office shall establish a Private Space Activity Advisory Committee to: analyze the status and recent developments of nongovernmental space activities; analyze the implementation of the certification process; provide recommendations on how the United States can facilitate and promote a robust and innovative private sector that is investing in, developing, and operating space objects; identify any challenges the private sector is experiencing regarding activities in outer space; review existing best practices for U.S. entities to avoid harmful contamination of celestial bodies and adverse changes in Earth’s environment resulting from the introduction of extraterrestrial matter; advise on matters relating to private sector space activities; and provide information, advice, and recommendations related to the office’s authority.
• The committee shall be terminated 10 years after it is established.
• The bill directs the President to protect the interests of U.S. entities in outer space, including commercial activity, the exploitation of space resources, and ownership rights over space objects and obtained space resources.
• The bill authorizes the office to issue permits for the operation of space-based remote sensing systems.
• Only one permit is required for the operation of a space-based remote sensing system to: conduct multiple operations using such a system, operate multiple such systems that carry out similar operations, or use those systems to carry out a single remote sensing operation.
• A person may apply for a permit to operate a space-based remote sensing system that utilizes a civilian federal government satellite or vehicle as a platform. The office may offer assistance in finding such opportunities. An executive agency may enter into an agreement for such use if the agreement is consistent with the agency’s mission and statutory authority.
• The office shall establish an Advisory Committee on Commercial Remote Sensing to: advise on matters relating to the commercial space-based remote sensing industry; analyze the implementation of the space-based remote sensing system permitting process; provide recommendations on how the United States can facilitate and promote a robust and innovative private sector that is investing in, developing, and operating such systems; identify any challenges the private sector is experiencing with the authorization and supervision of the operation of such systems; and provide information, advice, and recommendations related to the office’s authority or to authorized private sector activities in outer space.
• Such committee shall be terminated 10 years after it is established.
• Any U.S. entity with a valid license for the operation of space-based remote sensing system may: elect to be immediately considered permitted, or apply for a permit and continue to
  operate pursuant to such license until a permit is issued.
• No launch or reentry may be prevented under the authority of the Department of Transportation (DOT) on the basis of national security, foreign policy, or international obligations of the United States if the payload has received a certification to operate as a space object.