[House Report 114-153]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-153
======================================================================
SPACE RESOURCE EXPLORATION AND UTILIZATION ACT OF 2015
_______
June 15, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1508]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 1508) to promote the development of
a United States commercial space resource exploration and
utilization industry and to increase the exploration and
utilization of resources in outer space, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 3
Section-by-Section............................................... 9
Explanation of Amendments........................................ 10
Committee Consideration.......................................... 10
Roll Call Votes.................................................. 11
Application of Law to the Legislative Branch..................... 15
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 15
Statement of General Performance Goals and Objectives............ 15
Duplication of Federal Programs.................................. 15
Disclosure of Directed Rule Makings.............................. 15
Federal Advisory Committee Act................................... 15
Unfunded Mandate Statement....................................... 15
Earmark Identification........................................... 15
Committee Estimate............................................... 16
Budget Authority and Congressional Budget Office Cost Estimate... 16
Changes in Existing Law Made by the Bill as Reported............. 17
Minority Views................................................... 20
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Space Resource Exploration and
Utilization Act of 2015''.
SEC. 2. TITLE 51 AMENDMENT.
(a) In General.--Subtitle V of title 51, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 513--SPACE RESOURCE EXPLORATION AND UTILIZATION
``Sec.
``51301. Definitions.
``51302. Commercialization of space resource exploration and
utilization.
``51303. Legal framework.
``Sec. 51301. Definitions
``In this chapter:
``(1) Space resource.--The term `space resource' means a
natural resource of any kind found in situ in outer space.
``(2) Asteroid resource.--The term `asteroid resource' means
a space resource found on or within a single asteroid.
``(3) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
``(4) United states commercial space resource utilization
entity.--The term `United States commercial space resource
utilization entity' means an entity providing space resource
exploration or utilization services, the control of which is
held by persons other than a Federal, State, local, or foreign
government, and that is--
``(A) duly organized under the laws of a State;
``(B) subject to the subject matter and personal
jurisdiction of the courts of the United States; or
``(C) a foreign entity that has voluntarily submitted
to the subject matter and personal jurisdiction of the
courts of the United States.
``Sec. 51302. Commercialization of space resource exploration and
utilization
``(a) In General.--The President, acting through appropriate Federal
agencies, shall--
``(1) facilitate the commercial exploration and utilization
of space resources to meet national needs;
``(2) discourage government barriers to the development of
economically viable, safe, and stable industries for the
exploration and utilization of space resources in manners
consistent with the existing international obligations of the
United States; and
``(3) promote the right of United States commercial entities
to explore outer space and utilize space resources, in
accordance with the existing international obligations of the
United States, free from harmful interference, and to transfer
or sell such resources.
``(b) Report Required.--Not later than 180 days after the date of the
enactment of this section, the President shall submit to Congress a
report that contains recommendations for--
``(1) the allocation of responsibilities relating to the
exploration and utilization of space resources among Federal
agencies; and
``(2) any authorities necessary to meet the international
obligations of the United States with respect to the
exploration and utilization of space resources.
``Sec. 51303. Legal framework
``(a) Property Rights.--Any asteroid resources obtained in outer
space are the property of the entity that obtained such resources,
which shall be entitled to all property rights thereto, consistent with
applicable provisions of Federal law and existing international
obligations.
``(b) Safety of Operations.--A United States commercial space
resource utilization entity shall avoid causing harmful interference in
outer space.
``(c) Civil Action for Relief From Harmful Interference.--A United
States commercial space resource utilization entity may bring a civil
action for appropriate legal or equitable relief, or both, under this
chapter for any action by another entity subject to United States
jurisdiction causing harmful interference to its operations with
respect to an asteroid resource utilization activity in outer space.
``(d) Rule of Decision.--In a civil action brought pursuant to
subsection (c) with respect to an asteroid resource utilization
activity in outer space, a court shall enter judgment in favor of the
plaintiff if the court finds--
``(1) the plaintiff--
``(A) acted in accordance with all existing
international obligations of the United States; and
``(B) was first in time to conduct the activity; and
``(2) the activity is reasonable for the exploration and
utilization of asteroid resources.
``(e) Exclusive Jurisdiction.--The district courts of the United
States shall have original jurisdiction over an action under this
chapter without regard to the amount in controversy.''.
(b) Clerical Amendment.--The table of chapters for title 51, United
States Code, is amended by adding at the end of the items for subtitle
V the following:
``513. Space resource exploration and utilization........... 51301''.
Committee Statement and Views
PURPOSE AND SUMMARY
The purpose of H.R. 1508, the ``Space Resource Exploration
and Utilization Act of 2015,'' is to establish a legal
framework to govern property rights of resources obtained from
asteroids enabling this new industry and providing clarity for
future entrepreneurs.
BACKGROUND AND NEED FOR LEGISLATION
In the United States, a number of private entities are
investing in and developing the technical capability to explore
and utilize outer space resources. Stakeholders from this
community are concerned that legal and regulatory uncertainties
are impeding their development and threaten to disrupt their
continued investment and eventual activities in outer space.
This bill addresses these concerns by giving effect to Outer
Space Treaty rights and obligations through the establishment
of a domestic legal framework to govern property rights of
resources obtained from asteroids and to avoid causing harmful
interference in outer space. Moreover, the bill directs the
President to facilitate commercial utilization, discourage
government barriers, promote the right of United States
commercial entities to explore outer space and utilize space
resources, and submit to Congress a report containing
recommendations on regulatory uncertainty and authorizations
necessary to meet the international obligations of the U.S.
LEGISLATIVE HISTORY
During the 113th and 114th Congresses, the House Committee
on Science, Space, and Technology held nine hearings and four
markups relevant to this bill.
On February 28, 2013, the Subcommittee on Space held a
hearing titled ``A Review of the Space Leadership Preservation
Act'' to receive testimony on legislation (H.R. 6491) first
introduced in the last Congress and re-introduced for the 113th
Congress. This hearing informed the Science, Space, and
Technology Committee's consideration of the policies,
organization, programs, and budget in re-authorizing the
National Aeronautics and Space Administration in this Congress.
The Subcommittee heard testimony from The Honorable Frank R.
Wolf, Chairman of the Commerce-Justice-Science Subcommittee,
The Honorable John Culberson, Mr. A. Thomas Young, Chair of the
Board for SAIC (testifying on his own behalf), and Mr. Elliot
Pulham, Chief Executive Officer of The Space Foundation.
On April 24, 2014, the Subcommittee on Space held a hearing
titled ``An Overview of the National Aeronautics and Space
Administration Budget for Fiscal Year 2014'' with NASA
Administrator Charles Bolden to review the Administration's FY
2014 budget request for the National Aeronautics and Space
Administration and examine its priorities and challenges.
On June 19, 2013, the Subcommittee on Space held a hearing
titled, ``NASA Authorization Act of 2013.'' The purpose of the
hearing was to review a discussion draft of the National
Aeronautics and Space Administration (NASA) Authorization Act
of 2013. The most recent NASA Authorization Act passed in 2010,
authorized NASA for three years.
On July 10, 2013, the Subcommittee on Space met to consider
H.R. 2687, the National Aeronautics and Space Administration
Authorization Act of 2013. This measure contained many
provisions that affect commercial space.
On July 18, 2013, the Committee on Science, Space, and
Technology met to consider H.R. 2687, the National Aeronautics
and Space Administration Authorization Act of 2013. This
measure contained many provisions that affect commercial space.
On November 20, 2013, the Subcommittee on Space held a
hearing titled ``Commercial Space.'' The hearing examined
commercial activities in space launch, communications, GPS,
remote sensing, weather monitoring, suborbital tourism, science
experimentation, and human spaceflight. The witnesses addressed
what government policies would be helpful to the U.S.
commercial space industry. Witnesses also addressed the
policies contained in H.R. 3038, the Suborbital and Orbital
Advancement and Regulatory Streamlining (SOARS) Act. The first
witness panel consisted of the Honorable Kevin McCarthy,
Majority Whip of the U.S. House of Representatives. The second
panel consisted of: Ms. Patricia Cooper, President of the
Satellite Industry Association; Mr. Stuart Witt, CEO and
General Manager of the Mojave Air and Space Port; and Dennis
Tito, Chairman of the Inspiration Mars Foundation.
On March 27, 2014, the Subcommittee on Space of the House
Committee on Science, Space, and Technology held a hearing
titled ``A Review of the National Aeronautics and Space
Administration Budget for Fiscal Year 2015'' to review the
Administration's fiscal year 2015 (FY15) budget request for the
National Aeronautics and Space Administration and examine its
priorities and challenges. The hearing had one witness, the
Honorable Charles F. Bolden, Jr., Administrator of the National
Aeronautics and Space Administration.
On April 9, 2014, the Subcommittee on Space met to consider
H.R. 4412, the National Aeronautics and Space Administration
Authorization Act of 2014. The Act contained several provisions
regarding barriers to commercial use of space.
On April 29, 2014, the Committee on Science, Space, and
Technology met to consider H.R. 4412, the National Aeronautics
and Space Administration Authorization Act of 2014. The Act
contained several provisions regarding barriers to commercial
use of space.
On May 9, 2014, the Space Subcommittee held a hearing
titled ``Space Traffic Management: How to Prevent a Real Life
`Gravity'.'' There are currently three agencies that play a
primary role in tracking and mitigation of orbital debris that
may be hazardous to operational satellites, or life and
property on Earth if the debris reentered the Earth's
atmosphere. The Joint Functional Component Command for Space
(JFCC SPACE), part of the Department of Defense, is responsible
for tracking orbital debris, the Federal Communications
Commission (FCC) asserts jurisdiction for mitigating orbital
debris from communications satellites, and the Federal Aviation
Administration (FAA) regulates orbital debris from launch and
reentry activities. This hearing explored the roles and
responsibilities of the Department of Defense, FAA, and FCC in
policing orbital debris, what authorities are currently granted
by Congress to federal agencies, and how they coordinate these
activities. The Subcommittee heard from five witnesses: Lt.
Gen. John ``Jay'' Raymond, Commander, 14th Air Force, Air Force
Space Command, and Commander, Joint Functional Component
Command for Space, U.S. Strategic Command; Mr. George Zamka,
Deputy Associate Administrator, Office of Commercial Space
Transportation, Federal Aviation Administration; Mr. Robert
Nelson, Chief Engineer, International Bureau, Federal
Communications Commission; Mr. P.J. Blount, Adjunct Professor,
Air and Space Law, University of Mississippi School of Law; and
Mr. Brian Weeden, Technical Advisor, Secure World Foundation.
On June 25, 2014, the Science, Space, and Technology
Committee held a hearing titled ``Pathways to Exploration: A
Review of the Future of Human Space Exploration.'' Section 204
of the NASA Authorization Act of 2010 required the agency to
enter into a contract with the National Academies to review the
future of human spaceflight. In 2012, the National Research
Council appointed an ad hoc Committee on Human Spaceflight co-
chaired by Governor Daniels and Dr. Lunine. This hearing
reviewed the conclusions and recommendations of the Committee's
report Pathways to Exploration--Rationales and Approaches for a
U.S. Program of Human Space Exploration released in June 2014.
The Committee heard from two witnesses: Governor Mitch Daniels,
Co-Chair of the Report and President, Purdue University and Dr.
Jonathan Lunine, Co-Chair of the Report and Director, Cornell
University's Center for Radiophysics and Space Research.
On September 10, 2014, the hearing titled ``Exploring Our
Solar System: The ASTEROIDS Act as a Key Step'' gave the
Committee an overview of the variety of issues facing the
planetary science community, including challenges the community
is facing due to the low inventories of Pu-238 for deep space
missions, NASA's proposed budget for planetary science, and
potential commercial interests. Witnesses were also asked to
comment on H.R. 5063, the American Space Technology for
Exploring Resource Opportunities In Deep Space (ASTEROIDS) Act.
The Subcommittee heard from five witnesses: Dr. Jim Green, NASA
Planetary Science Division Director; Dr. Jim Bell, Professor of
Earth and Space Science Exploration, Arizona State University,
and President, Board of Directors, The Planetary Society; Dr.
Mark Sykes, CEO and Director, Planetary Science Institute;
Professor Joanne Gabrynowicz, Professor Emerita, Director
Emerita, Journal of Space Law Editor-in-Chief Emerita,
University of Mississippi; Dr. Philip Christensen, Co-Chair,
NRC Committee on Astrobiology and Planetary Science (CAPS),
Chair, Mars Panel, NRC Planetary Decadal Survey, Regents
Professor, Arizona State University.
On April 16, 2015, the Space Subcommittee held a hearing
titled ``An Overview of the Budget Proposal for the National
Aeronautics and Space Administration for Fiscal Year 2016.''
The purpose of the hearing was to review the Administration's
fiscal year 2016 (FY16) budget request for the National
Aeronautics and Space Administration (NASA) and examine the
Administration's priorities and challenges. The sole witness
was the Honorable Charles F. Bolden, Jr., Administrator,
National Aeronautics and Space Administration (NASA).
On May 13, 2015, the Committee on Science, Space, and
Technology met to consider H.R. 2262, the Spurring Private
Aerospace Competitiveness and Entrepreneurship Act of 2015;
H.R. 1508, the Space Resource Exploration and Utilization Act
of 2015; H.R. 2261, the Commercial Remote Sensing Act of 2015;
and H.R. 2263, the Office of Space Commerce Act.'' H.R. 1508
was amended to change the definition of ``asteroid resource''
and to further ensure the bill would remain consistent with
existing international obligations. All four bills passed in
the Committee.
The House Committee on Rules then promulgated a rule for
H.R. 2262, which contained each of the four bills marked up on
May 13, 2015 as four separate titles. The House passed the bill
with a vote of 284 Yeas and 133 Nays.
COMMITTEE VIEWS
U.S. international obligations
The Committee recognizes that the United States is a Party
to the Treaty on Principles Governing the Activities of States
in the Exploration and Use of Outer Space, including the Moon
and Other Celestial Bodies (``Outer Space Treaty''), as well as
the Convention on International Liability for Damage Caused by
Space Objects, the Convention on Registration of Objects
Launched in Outer Space, and Agreement on the Rescue of
Astronauts, the Return of Astronauts and Return of Objects
Launched in Outer Space. There is nothing in this title which
calls for the United States to violate its existing
international obligations under these treaties to which it is a
Party or to any other treaty to which it is a Party.
Claims of sovereignty
This title does not claim sovereignty over outer space or
any celestial bodies.
National appropriation
Removing, taking possession, and using in-situ celestial
resources, including in-situ asteroid resources, is not to be
construed as an act of national appropriation by claim of
sovereignty, by means of use or occupation, or by any other
means.
Strengthening U.S. private sector in-situ asteroid resource exploration
and utilization
The successful exploration and use of in-situ asteroid
resources is an important step in humanity's development and is
in the national interests of the United States. Continued
private sector investment in resource exploration and
utilization is threatened by uncertainty as to the rights of
U.S. private entities to remove, take possession of, and use
in-situ asteroid resources. The committee finds it is
imperative that the United States enact into law domestic
legislation that gives effect to Outer Space Treaty provisions
relevant to private sector in-situ asteroid resource removal,
possession, and use.
Giving effect to Outer Space Treaty rights and obligations
Treaty law creates rights and obligations binding on States
and other international legal persons. But, when a treaty
confers rights or imposes obligations on natural or legal
persons, they can be given effect only if they have been made
part of the domestic law of a party. Sec. 51303(a) gives an
effect to the right to explore and use outer space by
establishing under Federal law property rights over removed in-
situ asteroid resources. Sec. 51303(b) gives an effect to the
obligation under Article IX of the Outer Space Treaty to avoid
causing harmful interference in outer space through the grant
of a private right of action in Federal courts.
Non-governmental entity exploration and use of celestial resources
The Outer Space Treaty explicitly recognizes the right of
``exploration and use'' of outer space, including the Moon and
other celestial bodies.
Article 1 of the Outer Space Treaty states: ``The
exploration and use of outer space, including the Moon and
other celestial bodies, shall be carried out for the benefit
and in the interests of all countries, irrespective of their
degree of economic or scientific development, and shall be the
province of all mankind. Outer space, including the Moon and
other celestial bodies, shall be free for exploration and use
by all States without discrimination of any kind, on a basis of
equality and in accordance with international law, and there
shall be free access to all areas of celestial bodies. There
shall be freedom of scientific investigation in outer space,
including the Moon and other celestial bodies, and States shall
facilitate and encourage international co-operation in such
investigation.''
The exploration and use of outer space includes the right
to remove, take possession, and use in-situ natural resources
from celestial bodies. In a letter dated November 28, 1979, the
Secretary of State addressed to Senator Church, Chairman of
Senate Foreign Relations Committee, the legality of removal,
taking possession, and using in-situ natural resources from
celestial bodies, including asteroids, under the Outer Space
Treaty. In this letter, the Secretary of State wrote: ``Such
removal is permitted by the article contained in the 1967 Outer
Space Treaty which states, inter alia, that `Outer Space,
including the Moon and other celestial bodies, shall be free
for exploration and use by all States . . . '''
On July 29, 1980, at the second session of hearings on the
Agreement Governing the Activities of States on the Moon and
Other Celestial Bodies, the Legal Adviser to the Department of
State, Robert Owen, testified to the Senate Subcommittee on
Science, Technology and Space that: ``The United States has
long taken the position that Article 1 of that treaty [Outer
Space Treaty] . . . recognizes the right of exploitation. We
were and are aware, however, that this view is not shared by
all States or commentators, some of whom take the position that
the nonappropriation provisions in Article [II] of the 1967
Treaty preclude exploitation of celestial natural resources and
the reduction to private property.''
In U.S. v. One Lucite Ball (unpublished Case No. 01-0116-
CIV-JORDAN), the U.S. District Court (S.D. Florida) upheld the
right of Honduras to assert national property ownership over a
Moon rock. The court discussed two sales of lunar rock samples
involving private parties (one involving a slide of lunar dust
sold at Sotheby's auction and the second involving the lunar
sample and plaque given by the U.S. to Nicaragua that was
purchased by a private buyer from the middle east).
State practice is consistent with finding that exploration
and use of outer space includes the right to remove, take
possession, and use in-situ natural resources from celestial
bodies. The United States, Russia, and Japan have all removed,
taken possession, and used in-situ natural resources. These
activities have never been protested by a State party to the
treaty or judged in a court of law to be in violation of the
Outer Space Treaty.
The Committee notes that in a 2011 report of the NASA
Office of Inspector General titled NASA's Management of Moon
Rocks and Other Astromaterials Loaned for Research, Education,
and Public Display, it is stated: ``Lunar material retrieved
from the Moon during the Apollo Program is U.S. Government
property.'' Moon rocks removed from the lunar surface by the
Soviet Union Luna Programme were sold as private property to a
private bidder at a Sotheby's auction in 1993 for the cost of
$422,500. The Committee also notes that some activities under
NASA's proposed Asteroid Recovery Mission may be done in
partnership with private entities in the United States and may
involve the removal and use of in-situ natural resources,
consistent with the finding that exploration and use of outer
space includes the right to remove, take possession, and use
in-situ natural resources from celestial bodies.
Article VI of the Outer Space Treaty explicitly recognizes
that non-governmental entities, such as private corporations,
may explore and use outer space. Article VI states, inter alia:
``States Parties to the Treaty shall bear international
responsibility for national activities in outer space,
including the Moon and other celestial bodies, whether such
activities are carried on by governmental agencies or by non-
governmental entities, and for assuring that national
activities are carried out in conformity with the provisions
set forth in the present Treaty.'' Non-governmental entities
may explore and use outer space, including the use of outer
space by removing, taking possession, and using in-situ natural
resources (subject to the supervision and authorization of a
State under Article VI of the Outer Space Treaty). Whether or
not the end-use of such resources is for private purposes does
not qualify the right to explore and use outer space.
Jurisdiction
Federal courts are granted original jurisdiction over
entities defined in Sec. 51301(4) and in-situ asteroid
resources that have been removed from an asteroid by such
entities. Federal courts are not granted jurisdiction over
outer space, the Moon, other celestial bodies, or the asteroid
from which the in-situ natural resource was removed.
Supervision and authorization
Article 6 of the Outer Space Treaty obligates the United
States to authorize and supervise non-governmental entities in
outer space and ensure their activities are carried out in
conformity with the Outer Space Treaty. The Department of
Commerce, Department of Transportation, and the Federal
Communications Commission all have authority to authorize and
supervise the activities of non-governmental entities in outer
space. Sec. 51302(b) directs the President to report to
Congress as to whether existing regulatory authorities are
necessary to meet the international obligations of the United
States with respect to the exploration and utilization of space
resources.
The reason for qualifying this report with respect to
exploration and utilization of space resources is that the
Committee is aware of other proposed private sector activities
in outer space (e.g. on-orbit satellite servicing, space
tourism, human habitation, space solar generation, etc.) and is
not directing the President to report on the sufficiency of
existing authorities to meet international obligation with
respect to these other activities.
Section-by-Section
Sec. 1. Short title
Titles the Act the ``Space Resource Exploration and
Utilization Act of 2015.''
Sec. 2. Title 51 amendment
Amends Subtitle V of title 51, U.S. Code, by adding Chapter
513, containing Sections 51301 (definitions), 51302
(commercialization of space resource exploration and
utilization), and 51303 (legal framework).
Section 51301 defines ``space resource,'' ``asteroid
resource,'' ``state,'' and ``United States commercial space
resource utilization.''
Section 51302 directs the President, acting through
appropriate Federal agencies, to facilitate commercial
exploration and utilization of space resources to meet national
needs, to discourage government barriers to the development of
industries for space exploration and utilization of space
resources, and to promote the right of U.S. commercial entities
to explore space and utilize space resources.
This section also requires the President to submit to
Congress a report containing recommendations for the allocation
of responsibilities relating to the exploration and utilization
of space resources among Federal agencies, and recommendations
for any authorities necessary to meet the international
obligations of the U.S. regarding the exploration and
utilization of space resources.
Section 51303 establishes that ``any asteroid resources
obtained in outer space are the property of the entity that
obtained such resources, which shall be entitled to all
property rights thereto, consistent with applicable provisions
of Federal law and existing international obligations.''
Moreover, this section states that certain U.S. entities
shall avoid causing harmful interference in outer space, and
that a U.S. commercial space entity may bring civil action for
relief for any action by another U.S. entity causing harmful
interference to operations with respect to an asteroid resource
utilization activity in space. In a civil action brought with
respect to an asteroid resource utilization activity in space,
a court shall enter judgment in favor of the plaintiff if the
plaintiff acted in accordance with all existing international
obligations of the U.S., if the plaintiff was first in time to
conduct the activity, and if the activity is reasonable for the
exploration and utilization of asteroid resources.
Federal district courts will have original jurisdiction
over actions regarding asteroid resource utilization activity
without regards to the amount in controversy.
Explanation of Amendments
An amendment to strike from Sec. 51301(2) ``an asteroid''
and insert ``a single asteroid'' was adopted. The purpose of
this amendment is to ensure that an ``asteroid resource
utilization activity'' is interpreted as on a single asteroid
and not on any asteroid.
An amendment to insert in Sec. 51303(a) ``and existing
international obligations'' after ``Federal law'' was adopted.
The purpose of this amendment is to condition that property
rights over asteroid resources obtained in outer space are
consistent with applicable provisions of U.S. international
obligations.
Committee Consideration
On May 13, 2015, the Committee met in open session and
ordered reported favorably the bill, H.R. 1508, as amended, by
roll call vote, a quorum being present.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill establishes a legal framework to govern property
rights of resources obtained from asteroids. As such this bill
does not relate to employment or access to public services and
accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
H.R. 1508, the ``Space Resource Exploration and Utilization
Act of 2015,'' would establish a legal framework to govern
property rights of resources obtained from asteroids enabling a
new industry and providing clarity for future entrepreneurs.
Duplication of Federal Programs
No provision of H.R. 1508 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 1508 does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported bill include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 1508 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 1508. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 1508 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 20, 2015.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1508, the Space
Resource Exploration and Utilization Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kathleen
Gramp.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1508--Space Resource Exploration and Utilization Act of 2015
H.R. 1508 would establish certain policies and guidelines
regarding the development of space resources by nonfederal
entities. Existing international agreements authorize such
activities under certain conditions, including requirements for
national regulatory regimes to resolve liability, ownership,
and operational issues. The bill would create a domestic
framework for assigning property rights for resources from
asteroids and for settling any related legal disputes. It also
would direct the President to submit a report within six months
of enactment on any administrative and statutory changes needed
to implement federal programs and international agreements for
those projects.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 1508 would cost about $1
million over the 2016-2020 period. CBO anticipates that
developing a policy framework for this nascent industry would
require levels of expertise and effort similar to that of
studies done by expert panels at the National Academies of
Science and Public Administration. Other provisions in the bill
would have no significant budgetary effects, CBO estimates.
Enacting H.R. 1508 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1508 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Kathleen Gramp.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 51, UNITED STATES CODE
Subtitle I--General
Chap. Sec.
Definitions..................................................10101
* * * * * * *
Subtitle V--Programs Targeting Commercial Opportunities
* * * * * * *
51301Space resource exploration and utilization.......................
* * * * * * *
Subtitle V--PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES
* * * * * * *
CHAPTER 513--SPACE RESOURCE EXPLORATION AND UTILIZATION
Sec.
51301. Definitions.
51302. Commercialization of space resource exploration and utilization.
51303. Legal framework.
Sec. 51301. Definitions
In this chapter:
(1) Space resource.--The term ``space resource''
means a natural resource of any kind found in situ in
outer space.
(2) Asteroid resource.--The term ``asteroid
resource'' means a space resource found on or within a
single asteroid.
(3) State.--The term ``State'' means any of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and any other commonwealth, territory,
or possession of the United States.
(4) United States commercial space resource
utilization entity.--The term ``United States
commercial space resource utilization entity'' means an
entity providing space resource exploration or
utilization services, the control of which is held by
persons other than a Federal, State, local, or foreign
government, and that is--
(A) duly organized under the laws of a State;
(B) subject to the subject matter and
personal jurisdiction of the courts of the
United States; or
(C) a foreign entity that has voluntarily
submitted to the subject matter and personal
jurisdiction of the courts of the United
States.
Sec. 51302. Commercialization of space resource exploration and
utilization
(a) In general.--The President, acting through appropriate
Federal agencies, shall--
(1) facilitate the commercial exploration and
utilization of space resources to meet national needs;
(2) discourage government barriers to the development
of economically viable, safe, and stable industries for
the exploration and utilization of space resources in
manners consistent with the existing international
obligations of the United States; and
(3) promote the right of United States commercial
entities to explore outer space and utilize space
resources, in accordance with the existing
international obligations of the United States, free
from harmful interference, and to transfer or sell such
resources.
(b) Report required.--Not later than 180 days after the date
of the enactment of this section, the President shall submit to
Congress a report that contains recommendations for--
(1) the allocation of responsibilities relating to
the exploration and utilization of space resources
among Federal agencies; and
(2) any authorities necessary to meet the
international obligations of the United States with
respect to the exploration and utilization of space
resources.
Sec. 51303. Legal framework
(a) Property rights.--Any asteroid resources obtained in
outer space are the property of the entity that obtained such
resources, which shall be entitled to all property rights
thereto, consistent with applicable provisions of Federal law
and existing international obligations.
(b) Safety of operations.--A United States commercial space
resource utilization entity shall avoid causing harmful
interference in outer space.
(c) Civil action for relief from harmful interference.--A
United States commercial space resource utilization entity may
bring a civil action for appropriate legal or equitable relief,
or both, under this chapter for any action by another entity
subject to United States jurisdiction causing harmful
interference to its operations with respect to an asteroid
resource utilization activity in outer space.
(d) Rule of decision.--In a civil action brought pursuant to
subsection (c) with respect to an asteroid resource utilization
activity in outer space, a court shall enter judgment in favor
of the plaintiff if the court finds--
(1) the plaintiff--
(A) acted in accordance with all existing
international obligations of the United States;
and
(B) was first in time to conduct the
activity; and
(2) the activity is reasonable for the exploration
and utilization of asteroid resources.
(e) Exclusive jurisdiction.--The district courts of the
United States shall have original jurisdiction over an action
under this chapter without regard to the amount in controversy.
* * * * * * *
MINORITY VIEWS
H.R. 1508 performs a service in starting a discussion of
the many issues it raises about property rights in space,
international treaty obligations, and appropriate licensing and
regulation of outer space activities. However, we are not at
all close to resolving those issues. The debate about H.R. 1508
is not about whether or not we should encourage the development
of an asteroid mining industry at some point in the fixture. It
is about the fact that this legislation is premature. There has
been no legislative hearing on this bill, or even a
subcommittee markup, nor have we gotten the views of the
Administration, including those responsible for tracking our
international treaty obligations.
The University of Mississippi space law expert, Prof.
Joanne Gabrynowicz, invited by the Majority last year to
testify on an antecedent bill, noted some of the legal and
regulatory issues that were unaddressed in the previous version
of this bill. In addition, in a May 12, 2015 letter to Ranking
Member Johnson, which has been entered into the record, Prof.
Gabrynowicz raised the very significant concern that the bill
appears to be in conflict with the 1967 Outer Space Treaty, to
which the United States is a signatory. Simply including the
phrase ``consistent with the existing international obligations
of the United States'' in part of the bill doesn't make that
inconsistency go away--it just reinforces the fact that this
bill needs much more review than this Committee has given it up
to this point--because the Committee has given this current
bill no review.
Supporters of the bill will argue that it doesn't enable a
company to claim an asteroid, but in fact the bill clearly
states that ``any asteroid resources obtained in outer space
are the property of the entity that obtained those resources''.
The Outer Space Treaty prohibits ``national appropriation by
claim of sovereignty, by means of use or occupation, or by any
other means.'' To quote Professor Gabrynowicz, ``making
unextracted, in situ `asteroid resources' subject to U.S.
Federal law and requiring the President `to meet national
needs'''--which this bill does--``is a form of national
appropriation by `other means'.''
Supporters will also argue that existing FAA licensing
authorities are sufficient for the purposes of this bill. That
is simply not true. FAA only provides licenses for commercial
launches and reentries. FAA does not have oversight over
commercial activities that occur in orbit or on or around
celestial bodies. The point is, the bill does not provide for
any licensing regime by any agency of the U.S. government.
Prof. Joanne Gabrynowicz, in her letter to Ranking Member
Johnson, wrote, ``Unlicensed U.S. commercial space activities
are unprecedented in United Space Law''. She went on to also
say: ``Licensing is how the U.S. meets its obligations to
authorize and continually supervise the space activities of
non-government entities under the Outer Space Treaty.'' This
bill has no licensing regime to govern the activities
undertaken in the bill.
In addition to Prof. Gabrynowicz's concerns, there are many
other ambiguities and unresolved issues that need attention.
For example, ``obtain[ed] such resources''' is left undefined.
Would simply being the first to land a probe on an asteroid and
have it collect a sample, whether or not it returned it to
Earth, thereby confer property rights from that point forward
onto the commercial company who sent the probe? Further, in the
``Rule of Decision'' provision, how is one to define an
activity that is ``reasonable for the exploration and
utilization of asteroid resources,'' and why are simple
``exploration'' activities included in the Rule of Decision at
all? These questions become important because the bill is quite
prescriptive in saying the court ``shall enter judgment in
favor of the plaintiff . . .''
Finally, supporters will say that this bill has been vetted
in the Administration and there is a lot of support for it in
the Administration. That also is not accurate. We are aware of
no agency of the U.S. government that is [has issued any formal
opinion or support] supporting the passage of this bill in its
current form. This Committee should take the time and make the
effort to come up with policy and potential legislation that
will actually work without causing unintended consequences.
Eddie Bernice Johnson.
[all]