26 May 2015
On May 21, the House of Representatives passed four space bills, including HR 1508 – the Space Resource and Utilization Act (HR 1508). During committee consideration of the bill, a letter by Professor Joanne Gabrynowicz claimed portions of the Bill violated US obligations under the Outer Space Treaty, specifically Art. II. In response, prior to full House consideration of the bill, Nebraska Law Professor Matthew Schaefer, Nebraska Law Space, Cyber and Telecommunications Advisory Board Vice-Chair and Adjunct Professor of Law Dennis Burnett, and three others submitted letters rejecting that claim and providing analysis of why HR1508 (and its companion bill S. 976) is fully consistent with US international obligations under the Outer Space Treaty. The letters were quoted on the floor by Rep. Posey (R-WA) and placed in the Congressional Record on May 21, 2015 at page H3518 et seq. Another bill passed by the House that day has a provision that would extend the promise of government indemnification for third-party liability claims exceeding the Maximum Probable Loss until 2025. Professor Schaefer’s White Paper for Nebraska Law’s Seventh Annual DC Conference (Nov. 2013) and his accompanying article in the Berkeley J. of International Law recommended a long-term extension of the promise of government indemnification if a pure liability cap was not enacted.