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Streamlining Regulations on Commercial Use of Space

This 2018 Space Policy Directive directs multiple Cabinet secretaries and agency heads to streamline federal regulations governing commercial space activities, including launch/re-entry licensing, remote sensing, spectrum policy, and export controls. It sets specific deadlines for regulatory reviews, legislative proposals, and reports to reduce burdens on the U.S. commercial space sector while protecting public safety and national security.

Federal Register Open PDF 83 FR 24901

Impact dates

  1. Commerce Secretary submits legislative proposal expanding commercial remote sensing licensing

  2. Transportation Secretary completes launch/re-entry licensing regulation review

  3. National Space Council Executive Secretary submits export licensing recommendations

  4. Commerce Secretary and OSTP Director submit radio frequency spectrum competitiveness report

  5. Commerce Secretary completes remote sensing regulation review

  6. Commerce Secretary submits legislative proposal for new space regulatory entity in Commerce

Key directives

  • Transportation Secretary to review and rescind/revise launch and re-entry licensing regulations by February 1, 2019
  • Transportation Secretary to consider single-license system and performance-based criteria
  • Commerce Secretary to review remote sensing regulations within 90 days
  • Commerce Secretary to submit legislative proposal for new space regulatory entity within 30 days
  • Commerce Secretary to submit legislative proposal expanding remote sensing licensing within 120 days of review completion
  • Commerce Secretary and OSTP Director to submit radio frequency spectrum competitiveness report within 120 days
  • National Space Council Executive Secretary to submit export licensing recommendations within 180 days
  • Commerce Secretary to consolidate commercial space flight regulatory responsibilities to extent permitted by law

Who is ordered

Timeline

Immediate

  • Policy statement takes effect; agencies directed to begin reviews

Near term (90d)

  • Commerce Secretary completes remote sensing regulation review (90 days)
  • Commerce Secretary submits legislative proposal for new space regulatory entity (30 days)
  • Commerce/OSTP submit radio frequency spectrum report (120 days)

Long term

  • Transportation Secretary completes launch/re-entry licensing review by February 1, 2019
  • Export licensing recommendations due (180 days)
  • Potential reorganization of Commerce Department space functions

Risks & tensions

  • 120-day remote sensing legislative proposal deadline is relative to completion of 90-day review, making actual date uncertain
  • Coordination requirements across multiple agencies (State, Defense, NASA, FCC, OMB) may slow implementation
  • Public safety and national security exceptions preserve significant regulatory authority
  • Legislative proposals require congressional action; executive cannot unilaterally create new entities
  • Consolidation of Commerce functions 'to extent permitted by law' limits binding effect
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