Space Resource Exploration and Utilization Act of 2015, Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015
Long title
To facilitate a pro-growth environment for the developing commercial space industry by encouraging private sector investment and creating more stable and predictable regulatory conditions, and for other purposes
Passed the Senate on November 11, 2015[1] (unanimous consent) with amendment
House agreed to Senate amendment on November 16, 2015 (voice vote)
Signed into law by PresidentBarack Obama on November 25, 2015
TheCommercial Space Launch Competitiveness Act, sometimes referred to as theSpurring Private Aerospace Competitiveness and Entrepreneurship (SPACE) Act of 2015,[2] is an update of theUnited States Government of itscommercialspace use, legislated in 2015. The update to US law explicitly allows US citizens and industries to "engage in the commercial exploration andexploitation of space resources" including water and minerals. The right does not extend toextraterrestrial life, so anything that is alive may not be exploited commercially.[3]
The law was passed on May 21, 2015 to allow US industries to "engage in the commercial exploration and exploitation of space resources", but it asserts that "the United States does not [by this Act] assertsovereignty, or sovereign orexclusive rights or jurisdiction over, or the ownership of, anycelestial body."[3] Some scholars[4] argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates theOuter Space Treaty.[5][6][4][7][8] This has created a controversy on claims and on mining rights for profit.[6][8] The SPACE Act includes the extension ofindemnification of US launch providers for extraordinary catastrophic third-party losses of a failed launch through 2025, while the previous indemnification law was scheduled to expire in 2016. The Act also extends, through 2023, the "learning period" restrictions which limit the ability of theFederal Aviation Administration (FAA) to enact regulations regarding the safety of spaceflightparticipants.[9] Indemnification for extraordinary third-party losses has, as of 2015, been a component of US space law for over 25 years, and during this time, "has never been invoked in any commercial launch mishap."[9]
Businessweek has summarized one effect of the legislation as "American citizens could keep anything they brought back from space."[10]
Part of the origin of the law lies in the proposedAsteroids Act (H. R. 5063) introduced by RepresentativesBill Posey (R-FL) andDerek Kilmer (D-WA) in July 2014. That act was supported by lobbying efforts byPlanetary Resources, a Washington-based company that hopes tocommercially mine asteroids. Additional lobbying byDeep Space Industries andBigelow Resources, two other companies with commercial interests in space, helped the proposed Asteroids Act along, which was later rolled into the SPACE Act.[11]
TheHouse of Representatives passed the legislation in May 2015[12] and theSenate subsequently passed similar legislation.[1] The legislation was reconciled between the House of Representatives and the Senate, then moved to the executive branch for signing or vetoing before 20 November 2015.[13][14]President Obama signed the legislation into law on 25 November 2015.[2]
^ab"Institutional Framework for the Province of all Mankind: Lessons from the International Seabed Authority for the Governance of Commercial Space Mining.] Jonathan Sydney Koch. "Institutional Framework for the Province of all Mankind: Lessons from the International Seabed Authority for the Governance of Commercial Space Mining."Astropolitics, 16:1, 1-27, 2008.doi:10.1080/14777622.2017.1381824
Various conventions, treaties, agreements, memorandums, charters or declarations establishing and governing intergovernmental organisations or inter-agency bodies dealing with space affairs
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