Other short titles | Space Resource Exploration and Utilization Act of 2015, Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 |
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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 |
Nicknames | SPACE Act of 2015 |
Enacted by | the 114th United States Congress |
Effective | 25 November 2015 |
Citations | |
Public law | Pub. L. 114–90 (text) (PDF) |
Legislative history | |
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The Commercial Space Launch Competitiveness Act, sometimes referred to as the Spurring Private Aerospace Competitiveness and Entrepreneurship (SPACE) Act of 2015, [2] is an update of the United States Government of its commercial space use, legislated in 2015. The update to US law explicitly allows US citizens and industries to "engage in the commercial exploration and exploitation of space resources" including water and minerals. The right does not extend to extraterrestrial 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] assert sovereignty, or sovereign or exclusive rights or jurisdiction over, or the ownership of, any celestial 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 the Outer 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 of indemnification 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 the Federal Aviation Administration (FAA) to enact regulations regarding the safety of spaceflight participants. [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 proposed Asteroids Act (H. R. 5063) introduced by Representatives Bill Posey (R-FL) and Derek Kilmer (D-WA) in July 2014. That act was supported by lobbying efforts by Planetary Resources, a Washington-based company that hopes to commercially mine asteroids. Additional lobbying by Deep Space Industries and Bigelow Resources, two other companies with commercial interests in space, helped the proposed Asteroids Act along, which was later rolled into the SPACE Act. [11]
The House of Representatives passed the legislation in May 2015 [12] and the Senate 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]
The International Seabed Authority (ISA) is a Kingston, Jamaica-based intergovernmental body of 167 member states and the European Union established under the 1982 UN Convention on the Law of the Sea (UNCLOS) and its 1994 Agreement on Implementation. The ISA's dual mission is to authorize and control development of mineral related operations in the international seabed considered the "common heritage of all mankind" and also protect the ecosystem of the seabed, ocean floor and subsoil in "The Area" beyond national jurisdiction. The ISA is to safeguard the international deep sea, the waters below 200 meters or 656 feet, where photosynthesis is hampered by inadequate light. Governing approximately half of the total area of the world's oceans, the ISA is to exercise oversight of activities that might threaten biological diversity and harm the marine environment. The Authority operates as an autonomous international organization with its own Assembly, Council and Secretariat.
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a multilateral treaty that forms the basis of international space law. Negotiated and drafted under the auspices of the United Nations, it was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, entering into force on 10 October 1967. As of March 2024, 115 countries are parties to the treaty—including all major spacefaring nations—and another 22 are signatories.
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics. Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law.
Private spaceflight refers to spaceflight activities undertaken by non-governmental entities, such as corporations, individuals, or non-profit organizations. This contrasts with public spaceflight, which is traditionally conducted by government agencies like NASA, ESA, or JAXA.
Colonization of the Moon is a process or concept employed by some proposals for robotic or human exploitation and settlement endeavours on the Moon. Settling of the Moon is, therefore, a more specific concept of lunar habitation, for which the broader concept of colonization is often used as a synonym, a use that is contested in the light of colonialism and its claiming of space.
The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the Moon Treaty or Moon Agreement, is a multilateral treaty that turns jurisdiction of all celestial bodies over to the participant countries. Thus, all activities would conform to international law, including the United Nations Charter.
Asteroid mining is the hypothetical extraction of materials from asteroids and other minor planets, including near-Earth objects.
Commercial use of space is the provision of goods or services of commercial value by using equipment sent into Earth orbit or outer space.
Space jurisdiction, a field addressing what countries can enforce various laws in space, has become more important as the private sector enters the field of space tourism. Under the Outer Space Treaty of 1967, while space and celestial bodies cannot be appropriated by nations, objects launched into space and personnel on board them remain under the jurisdiction of the state of registry.
Space-based economy is economic activity in outer space, including asteroid mining, space manufacturing, space trade, construction performed in space such as the building of space stations, space burial, and space advertising.
Space policy is the political decision-making process for, and application of, public policy of a state regarding spaceflight and uses of outer space, both for civilian and military purposes. International treaties, such as the 1967 Outer Space Treaty, attempt to maximize the peaceful uses of space and restrict the militarization of space.
The politics of outer space includes space treaties, law in space, international cooperation and conflict in space exploration, international economics, and the hypothetical political impact of any contact with extraterrestrial intelligence.
Common heritage of humanity is a principle of international law that holds the defined territorial areas and elements of humanity's common heritage should be held in trust for future generations and be protected from exploitation by individual nation states or corporations.
The NASA Authorization Act of 2010 is a U.S. law authorizing NASA appropriations for fiscal years 2011, 2012, 2013 with the same top-line budget values as requested by US President Barack Obama. It resulted from the Augustine Commission's review of then-current crewed space flight plans.
The space policy of the United States includes both the making of space policy through the legislative process, and the implementation of that policy in the United States' civilian and military space programs through regulatory agencies. The early history of United States space policy is linked to the US–Soviet Space Race of the 1960s, which gave way to the Space Shuttle program. At the moment, the US space policy is aimed at the exploration of the Moon and the subsequent colonization of Mars.
The Space Launch Liability Indemnification Extension Act is a bill that would extend until December 31, 2014 the current limitation on liability of commercial space launch companies. Under the current system, the space launch company is liable for any damages up to $500 million, after which the U.S. Government will pay the damages in the range of $500 million to $2.7 billion. Above $2.7 billion, the company is again responsible. The Space Launch Liability Indemnification Extension Act was passed by the United States House of Representatives during the 113th United States Congress.
The following is a timeline of important events in the history of private spaceflight, including important technical as well as legislative and political advances. Though the industry has its origins in the early 1960s, soon after the beginning of the Space Age, private companies did not begin conducting launches into space until the 1980s, and it was not until the 21st century that multiple companies began privately developing and operating launch vehicles and spacecraft in earnest.
The Space Resource Exploration and Utilization Act of 2015 was a bill introduced in the 114th Congress of the U.S. on March 19, 2015, by Rep. Bill Posey, Republican of Florida. It is identical to the Senate bill by the same name. The bill would have expanded Presidential power regarding space resources, and regulated US-based space exploration companies. It expired at the end of the Congressional session without a vote in the full House or Senate. However, an Act with the same name was passed as part of the U.S. Commercial Space Launch Competitiveness Act of 2015. See: https://en.wikipedia.org/wiki/Commercial_Space_Launch_Competitiveness_Act_of_2015
The Moon bears substantial natural resources which could be exploited in the future. Potential lunar resources may encompass processable materials such as volatiles and minerals, along with geologic structures such as lava tubes that, together, might enable lunar habitation. The use of resources on the Moon may provide a means of reducing the cost and risk of lunar exploration and beyond.
The Luxembourg Space Agency (LSA) is the national space agency of the Grand Duchy of Luxembourg. It was founded on September 12, 2018, by Luxembourg's Economy Minister Étienne Schneider.