On June 8, the House Science, Space, and Technology Committee approved a bill to create a streamlined process by which the Federal Government would authorize commercial space launches. H.R. 2809, the American Space Commerce Free Enterprise Act, introduced by Committee Chair Lamar Smith (TX-R), would expand the authority of the Office of Space Commerce within the Department of Commerce to include supervision of commercial space activity.

Because the private sector is increasingly investing and developing spacecraft, satellites, and other technologies for nongovernmental exploration of outer space, the bill would establish a certification process for the private sector to operate those technologies. When applying for certification, entities that launch such objects would have to submit information about their planned operations, as well as a plan to mitigate space debris.

So far, only one private company, Moon Express, has received government approval to fly a mission. Later this year, that company’s first spacecraft will land robots capable of photographing the moon’s surface. Moon Express worked its way through the Federal Aviation Administration, the State Department, and the Defense Department to get approval for the flight.

Chairman Smith said of the bill, “This transformative legislation declares that America is open for business in outer space. … With this innovative legislation, we position the American space industry as a leader. New space operators would now be incentivized to set up shop on American ground and allow the United States to maintain and adhere to our international obligations as well as improving our national security.”

The committee’s Ranking Minority Member, Representative Eddie Bernice Johnson (TX-D), objected to the lack of an interagency review process, which she said “can help provide companies and investors the assurance that an agency will not try to block their proposed activity at the last minute simply because the agency hadn’t had an opportunity to review the proposal.”

In response, Chairman Smith proposed an amendment, approved unanimously, that would require that the Commerce secretary consult with the State and Defense departments, as well as other agencies.

The Commerce Committee’s Space Subcommittee, chaired by Senator Ted Cruz (TX-R), is also looking into the Outer Space Treaty of 1967 and whether it should be amended to reflect the current state of commercial space activities. The Treaty — which 107 countries are a party to and another 23 have signed but not ratified — represents the basic legal framework of international space law. It essentially states that the moon and other celestial bodies can only be used for peaceful purposes.

For related background, see the September 2011 issue of Congressional Digest on “Space Exploration.”