Sparks Fly in House Science Committee Over Asteroid Property Rights Bill
Welcome WRANGLER, a NIAC-funded idea to capture and de-spin asteroids and space debris. (Credit: Robert Hoyt/Tethers Unlimited)
In a contentious hearing on Wednesday, the Republican controlled House Science Committee approved a measure that would give companies rights to materials they mine from asteroids over complaints from Democrats that the measure was unconstitutional and drawn up to benefit a single company.
The Space Resource Exploration and Utilization Act of 2015 was approved by a party line vote of 18-15. The bill is sponsored by Rep. Bill Posey (R-FL) and Rep. Derek Kilmer (D-WA). Identical legislation has been introduced in the Senate.
Posey said the measure would give companies the right to own and sell materials they mine from asteroids. The measure does not allow a company to own asteroids, nor does it apply to the moon or other planets, he said.
Democrats called the measure unconstitutional, saying it clashed with the nation’s obligations under the 1967 Outer Space Treaty that banned ownership of extraterrestrial resources. They cited an expert who testified to that effect at a hearing last year.
Posey disputed the claim, saying the Outer Space Treaty can be interpreted by nations. He said obstructionists had come up with a single legal expert who said the legislation didn’t answer every question the person had about it. Posey also warned that other nations were preparing to pursue asteroid mining.
Rep. Donna Edwards (D-MD) said the House Science Committee should not be passing legislation to benefit a single company that found two friends in Congress to sponsor it. Edwards identified the company by name. However, the asteroid mining company Planetary Resources is located in Washington State, which co-sponsor Kilmer represents.
Rep. Eddie Bernice Johnson (D-TX) introduced a substitute amendment that would direct the Office of Science and Technology to convene an inter-agency review to examine the legal issues relating to asteroid property rights. The National Academies also would conduct its own independent review.
Johnson’s measure was defeated by a party line vote of 18-14. The measure goes on to a vote in the full House.
14 responses to “Sparks Fly in House Science Committee Over Asteroid Property Rights Bill”
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Asteroid mining has to be the stupidest idea in the known universe. That these politicians are arguing over it is a monumental farce. Planetary Resources is pushing their confidence game and got Kilmer involved. How much did they donate to his war chest?
Yes, you need a policy that is much more supportive of free enterprise
There is nothing in the Space Resources Exploration and Utilization Act that violates the Outer Space Treaty.
If there is no need no one will do it and the law will have no impact.
And if folks do mine asteroids and make a profit it will show there was a need.
Its how free markets and free societies work, allowing entrepreneurs the freedom to try out their ideas.
There is no reason to study it to death with two separate committees of scientists.
Also, why are they referring it to scientists to review? Because it’s space? Why does everything that has to do with space get turned over to scientists, as if they would know anything about law. Or business.
The only proper agency to review it would be the State Department, which is legally responsible for the treaties the U.S. is party to. If their legal experts say it conforms to the space treaties that the U.S. is part of then that is it. They are the experts on treaty law, not the National Academies of Science.
And if someone thinks it is unconstitutional there is the Supreme Court once it has been passed.
Its way pass time to take control of space policy away from scientists, and science committees. It fine for them to have a say if it involves NASA. But this isn’t science, its business and scientists are no more qualified to determine its legal status than English teachers would be.
Its not the 1970’s, socialism is recognized as a failed experiment and although some Moon Treaty nations may complain, urged on by radical environmentalists, because they are not getting the money they feel they are entitled to, I expect the rest of the world will just quietly line up behind the U.S. and pass similar laws. China for example isn’t going to the Moon for flag and footsteps, neither is India or Japan. Or Russia.
The nations of the world have seen what a disaster the Law of the Sea Treaty has been for ocean development. They are not going to repeat that mistake in space where the stakes are much higher.
The appropriate sections of the US Constitution are:
Section 8
“To regulate Commerce with foreign Nations, …”
“To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;”
The Outer Space Treaty forms part of the ‘Law of Nations’. Taking raw materials from asteroids with the aim of producing a product to be sold is commerce. The mining does not take place in any State so this is a matter for Federal rather than a State legislation.
If Congress wishes to ban Piracy and Felonies in space it should either devise a general space law or write a criminal law.
The Outer Space Treaty, like all treaties, is actually part of federal law.
As for pirates, just create a Space Patrol and it will solve the space pirate problem quickly 🙂
You have a valid point, Thomas. For valuable materials extraction to be worthwhile, the cost of transportation from point of acquisition/refinement to the Earth’s surface must be taken into account. After all, the product, for a projected reasonable period of time, will only have value when it is here upon the Earth.
That is not correct. A pound of water is space has a value equal to the launch costs for it. Same with LOX, aluminum, etc.
The availability of feedstock in space for 3D printers means you will be able to lower the cost of spacecraft construction by doing mass heavy structures, and fuel, from space resources, leaving only the electronics and more complicated components for manufacturing on Earth. How much of the million pounds of the ISS was just aluminum and steel? That is your early market for space resources/
The legislation, IMO, must embody two main principles. Firstly, to encourage Solar System mining of resources beyond Earth by human entities (public or private) by guaranteeing ownership of the materials extracted/processed. Secondly, when eventually operating at a profit, to levy such profit from resources to benefit the members of the whole human race, e.g. an international tax imposed upon profits, but once again at a rate that will not cripple or curtail the commercial activities. Yes, I know, it is much easier said than done.
Sorry, but there is zero chance the U.S. will sign the Moon Treaty. But it will benefit the human race since it will bring increased wealth to the world economy as well as offer an environmentally friendly alternative to Earth mining activities.
But the Moon Treaty nations will need to work for their share like everyone else and not have it handed to them just because they demand it.
Yes, Thomas, that’s why I said “for a projected reasonable period of time” i.e. whilst the only/main place of consumption is here upon the Earth because significant numbers living “off Earth” hasn’t happened (yet). Regards, Paul.
No, but there are lots of satellites off Earth. And fuel availability in space make reusable space tugs attractive relative to expendable trans-stages.