House Passes American Space Commerce Free Enterprise Act
House Approves American Space Commerce Free Enterprise Act
“The U.S. House of Representatives today unanimously passed the American Space Commerce Free Enterprise Act (H.R. 2809), which simplifies and strengthens the space-based remote sensing regulatory system, enhances U.S. compliance with international obligations, improves national security and removes regulatory barriers facing new and innovative space operators. The bill is sponsored by House Science, Space, and Technology Committee Chairman Lamar Smith (R-Texas).”
“SEC. 2. FINDINGS; POLICY; PURPOSES.
(a) Findings.—Congress finds the following:
(1) The United States, through existing authorization and supervision mechanisms, satisfies and is in conformity with its obligation under the Outer Space Treaty to authorize and supervise nongovernmental space activities to assure such activities are carried out in conformity with the international obligations of the United States under the Outer Space Treaty.
(2) The United States has a robust and innovative private sector that is investing in, developing, and placing into outer space, spacecraft and payloads.
(3) Authorization and supervision mechanisms as of the date of enactment of this Act could be improved to relieve administrative burdens on new and innovative nongovernmental space actors.
(4) It serves the national interest to address misperceptions of legal uncertainty through the establishment of a general authorization and supervision certification authority for nongovernmental outer space activities.
(5) The private exploration and use of outer space by nongovernmental entities will further the national security, foreign policy, and economic interests of the United States.
(b) Policy.—It is the policy of the United States that—
(1) United States citizens and entities are free to explore and use space, including the utilization of outer space and resources contained therein, without conditions or limitations;
(2) this freedom is only to be limited when necessary to assure United States national security interests are met and to authorize and supervise nongovernmental space activities to assure such activities are carried out in conformity with the international obligations of the United States under the Outer Space Treaty;
(3) to the maximum extent practicable, the Federal Government shall interpret and fulfill its international obligations to minimize regulations and limitations on the freedom of United States nongovernmental entities to explore and use space;
(4) to the maximum extent practicable, the Federal Government shall take steps to protect the physical safety of space objects operated by the United States that do not involve limitations on the freedoms of nongovernmental entities of the United States; and
(5) nongovernmental activities in outer space shall only be authorized and supervised in a transparent, timely, and predictable manner, with minimal costs and burdens placed on the entities authorized and supervised.”
https://www.congress.gov/bi…
This one struck me:
US citizens and corporations are free to explore and use space, including the utilization of outer space and resources contained therein, without conditions or limitations
No conditions or limitations would mean free to start mining where you want..
If such mining conforms to b2.
The Space Resources Act has already addressed that issue.
Yep, which is what the “Providence of Mankind” means in the OST. That space is open to anyone to explore and exploit. Everyone is free to share the benefits, just bring your own shovel.
And the Declaration of Independence is the default “authorization” that the Outer Space Treaty speaks to. This bill creates a very light touch regime to confirm that authorization and provide appropriate continuing supervision as called for in Article 6. It’s BRILLIANT.
In case of claim-jumping disputes, do we rely on a miner’s court, or call out the Space Marines (maybe we DO need a Space Corps)? Anyway, it sure looks like this will encourage private enterprise to develop space resources!
Ad LEO! Ad LUNA! Ad Ares! AD ASTRA!
The cost barriers will be a limit on the number of firms, they will work it out smong themselves or with a third party arbitrator.
“United States citizens and entities are free to explore and use space, including the utilization of outer space and resources contained therein, without conditions or limitations,” which means we’ll do whatever we want. Which I guess is fine, so long as we’re ok with every other country taking the same position relative to their use of outer space and the resources contained therein, which may include not recognizing our asserted interests in resources contained therein. Looks like the wild, wild west.
I read the whole thing, and it maintains restrictions. It just makes it the Commerce Secratary’s responsibility to a) enforce them, b) not delegate those enforcement duties to any unelected gov. buracracy that can abuse the power, and c) not get in the way unless he/she can prove that it’s necessary to do so.
Bare in mind. The U.S. Gov. is still responsible for compliance with International treaties and agreements…regardless of how much they loosen the leash on their end.
Yes, and the government will be responsible for taking on Moon Treaty nations when they try to claim ownership of everything, as they probably will when someone starts making money at it.
Looks like NOAA annoyed the wrong folks.
Requiring SpaceX to get a license to image Earth for the videos was not the smartest move by the bureaucrats there. Requiring commercial deep space and lunar missions to get licenses to image the Earth in case they turned the camera towards it was also a classic example of bureaucratic over reach.
BTW kudos to Administrator Bridenstine for co-authoring this bill while in Congress. It’s good to finally have an Administrator that knows how Congress works.
Ya I noticed that…”Hey, Bridenstine, before you grab your car keys and head out the door, let’s get together on one last project”…