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We’re here to help you! In an effort to guarantee that the United States remains compliant with the UN Outer Space Treaty when its private citizens begin flying commercial operations in space, Congressman Bridenstine (R-Oklahoma) is proposing new legislation that would better supervise and regulate the emerging commercial space industry.
Bridenstine explained that his top concern is that a U.S. company will proceed with a plan to put a spacecraft on the Moon or conduct on-orbit servicing or some other new type of activity only to have a “near-peer” country like Russia or China complain at the last minute that the United States is violating the OST. That would put the United States “in a difficult position,” he argues. Therefore he sees the need for “airtight” legislation that sets up a process by which the government authorizes and supervises these private companies. Once a company has gone through the process, the United States can unequivocally demonstrate to the international community that it has, in fact, complied with the treaty.
The Obama Administration has been open to working with these new companies, but he wonders if that will remain true over the long term future. He insisted that Congress “needs to exert its authority and power so that whatever administration comes next or is in place 50 years from now, the process exists” and is not subject to a new administration’s “whims.” He also worried that without a legislative solution, it could become a matter of “executive branch regulation by default.” That opens the possibility of some agency saying no, with no recourse for the private sector.
Read the whole report at the link. If you believe in freedom, competition, and private enterprise, it will chill your bones. At no time does anyone suggest that maybe the United States should simply get out of the Outer Space Treaty, as we are legally allowed to do according to the treaty’s own language. The treaty itself is a very bad law, as it makes it impossible for any private citizen or company in space to be protected under U.S. law, leaving everything instead in the control of United Nations bureaucrats and the polyglot of nations, many quite tyrannical, that dictate UN policy. Bridenstine’s proposals will only make this situation worse, as it will not only keep all control in the hands of the UN, but it will saddle American citizens with further regulations imposed by our own government.