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Exploring How the Outer Space Treaty Will Impact American Commerce and Settlement in Space S. HRG. 115–219 REOPENING THE AMERICAN FRONTIER: EXPLORING HOW THE OUTER SPACE TREATY WILL IMPACT AMERICAN COMMERCE AND SETTLEMENT IN SPACE HEARING BEFORE THE SUBCOMMITTEE ON SPACE, SCIENCE, AND COMPETITIVENESS OF THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION MAY 23, 2017 Printed for the use of the Committee on Commerce, Science, and Transportation ( Available online: http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 29–998 PDF WASHINGTON : 2018 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 10:53 May 15, 2018 Jkt 075679 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\DOCS\29998.TXT JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION JOHN THUNE, South Dakota, Chairman ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking ROY BLUNT, Missouri MARIA CANTWELL, Washington TED CRUZ, Texas AMY KLOBUCHAR, Minnesota DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts DEAN HELLER, Nevada CORY BOOKER, New Jersey JAMES INHOFE, Oklahoma TOM UDALL, New Mexico MIKE LEE, Utah GARY PETERS, Michigan RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois CORY GARDNER, Colorado MAGGIE HASSAN, New Hampshire TODD YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada NICK ROSSI, Staff Director ADRIAN ARNAKIS, Deputy Staff Director JASON VAN BEEK, General Counsel KIM LIPSKY, Democratic Staff Director CHRIS DAY, Democratic Deputy Staff Director RENAE BLACK, Senior Counsel SUBCOMMITTEE ON SPACE, SCIENCE, AND COMPETITIVENESS TED CRUZ, Texas, Chairman EDWARD MARKEY, Massachusetts, Ranking JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii DAN SULLIVAN, Alaska TOM UDALL, New Mexico MIKE LEE, Utah GARY PETERS, Michigan RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin SHELLEY MOORE CAPITO, West Virginia MAGGIE HASSAN, New Hampshire CORY GARDNER, Colorado (II) VerDate Nov 24 2008 10:53 May 15, 2018 Jkt 075679 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\29998.TXT JACKIE C O N T E N T S Page Hearing held on May 23, 2017 ............................................................................... 1 Statement of Senator Cruz ..................................................................................... 1 Letter dated May 22, 2017 to Hon. John Thune and Hon. Bill Nelson from Christopher Johnson, J.D., LL.M., Space Law Advisor, Secure World Foundation and Ian Christensen, Project Manager, Secure World Foundation ..................................................................................................... 3 Letter dated May 17, 2017 to Senator Ted Cruz, Chairman; and Senator Edward Markey, Ranking Member, and Members of Space, Science, and Competitiveness Subcommittee from Michael J. Listner, Esquire, Space Law & Policy Solutions ...................................................................... 7 Letter dated May 22, 2017 to Hon. Ted Cruz and Hon. Edward Markey from Arthur M. Dula, Trustee, and J. Buckner Hightower, Trustee, Heinlein Prize Trust ..................................................................................... 12 Statement of Senator Markey ................................................................................. 2 Statement of Senator Nelson .................................................................................. 14 Statement of Senator Peters ................................................................................... 46 Statement of Senator Hassan ................................................................................. 49 WITNESSES James E. Dunstan, Founder, Mobius Legal Group, PLLC ................................... 14 Prepared statement .......................................................................................... 16 Laura Montgomery, Attorney and Proprietor, Ground Based Space Matters, LLC ........................................................................................................................ 24 Prepared statement .......................................................................................... 25 Matthew P. Schaefer, Veronica A. Haggart & Charles R. Work Professor of International Trade Law; Co-Director—Space, Cyber and Telecommuni- cations Law Program, University of Nebraska College of Law; and Co- Chair, American Branch of International Law Assoc. Space Law Com- mittee .................................................................................................................... 31 Prepared statement .......................................................................................... 32 Robert (Bob) Richards, Founder and Chief Executive Officer, Moon Express, Inc. ......................................................................................................................... 54 Prepared statement .......................................................................................... 55 Peter Marquez, Vice President for Global Engagement, Planetary Resources .. 60 Prepared statement .......................................................................................... 62 Mike Gold, Vice President, Washington Operations and Business Develop- ment, Space Systems Loral ................................................................................. 64 Prepared statement .......................................................................................... 66 Pamela A. Melroy, U.S. Air Force (Retired), and former Astronaut ................... 72 Prepared statement .......................................................................................... 73 APPENDIX Letter dated May 24, 2017 to Hon. John Thune and Hon. Bill Nelson from the International Institute of Space Law ........................................................... 85 Letter dated June 5, 2017 to Hon. John Thune and Hon. Bill Nelson from Eric Klein, Lifeboat Foundation ......................................................................... 87 Response to written questions submitted by Hon. Bill Nelson to: James E. Dunstan ............................................................................................ 88 Laura Montgomery ........................................................................................... 95 Matthew P. Schaefer ........................................................................................ 95 Peter Marquez .................................................................................................. 96 Mike Gold .......................................................................................................... 97 Pamela A. Melroy ............................................................................................. 98 (III) VerDate Nov 24 2008 10:53 May 15, 2018 Jkt 075679 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\29998.TXT JACKIE VerDate Nov 24 2008 10:53 May 15, 2018 Jkt 075679 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\29998.TXT JACKIE REOPENING THE AMERICAN FRONTIER: EXPLORING HOW THE OUTER SPACE TREATY WILL IMPACT AMERICAN COMMERCE AND SETTLEMENT IN SPACE TUESDAY, MAY 23, 2017 U.S. SENATE, SUBCOMMITTEE ON SPACE, SCIENCE, AND COMPETITIVENESS, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. The Subcommittee met, pursuant to notice, at 2:31 p.m. in room SR–253, Russell Senate Office Building, Hon. Ted Cruz, Chairman of the Subcommittee, presiding. Present: Senators Cruz [presiding], Gardner, Nelson, Markey, Peters, and Hassan. OPENING STATEMENT OF HON. TED CRUZ, U.S. SENATOR FROM TEXAS Senator CRUZ. Good afternoon. This hearing is called to order. Fifty years ago, the United States and the Soviet Union were locked in a period of intense international crisis. Two decades of the Cold War had resulted in the Berlin Blockade, the Soviet Union’s testing of the atomic bomb, the successful launch of Sput- nik, the Cuban Missile Crisis, and the Vietnam war. However, de- spite the prolonged period of intense international crisis, a remark- able event occurred. The United States and the Soviet Union were able to come together and author the Outer Space Treaty, which was intended to become a foundation for all future activity in outer space. The main tenets of the treaty include the prohibition of the placement of nuclear weapons and other weapons of mass destruc- tion in space or on a celestial body; the requirement that states are responsible for national space activities, whether carried out by governmental or non-governmental entities; and states that outer space, including the Moon and other celestial bodies, are not sub- ject to national appropriation by claim of sovereignty. Following ratification by the Senate, the United States, the United Kingdom, and the Soviet Union were among 60 nations to sign the Outer Space Treaty, with signing ceremonies in Washington, D.C., Lon- don, and Moscow, on January 27, 1967. President Lyndon B. John- son hailed the signing of the Treaty as, ‘‘an inspiring moment in the history of this human race.’’ However, in the half century that has since passed, many articles of the Treaty haven’t been fully tested, as the majority of activities (1) VerDate Nov 24 2008 10:53 May 15, 2018 Jkt 075679 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\DOCS\29998.TXT
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