Regulating Space

The Outer Space Treaty was negotiated at the height of the Cold War and reflected two very distinct philosophies: communism and liberty. The Soviet Union sought to prevent any non-state actors from operating in space. The United States, however, argued that space should be free for exploration and use for all and by all, including the private sector and individuals. Fortunately, the United States' position was the one accepted. As part of that compromise, the United States agreed, in Article VI of the Treaty, to authorize and supervise private sector space activities. When the Senate ratified the Outer Space Treaty 50 years ago, private free enterprise in outer space was an idea, but not yet a reality. Today, not only is there U. S. free enterprise in outer space, it is innovating at an unprecedented pace. American companies are developing and investing in technology and spacecraft to conduct nontraditional private sector space activities, such as satellite servicing, manufacturing, human habitation, and space resource utilization. Recognizing that American free enterprise and innovation in outer space may implicate our international obligations, Congress directed the Obama Administration to assess existing authorization and supervision authorities. The Obama Administration recommended that Congress expand the regulatory authority of the Secretary of Transportation.