[House Report 118-604]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-604
======================================================================
SPACE RESOURCES INSTITUTE ACT
_______
July 23, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Lucas, from the Committee on Science, Space, and Technology,
submitted the following
R E P O R T
[To accompany H.R. 4152]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 4152) to direct the Administrator
of the National Aeronautics and Space Administration and
Secretary of Commerce to submit to Congress a report on the
merits of, and options for, establishing an institute relating
to space resources, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Legislative History.............................................. 3
Section-by-Section............................................... 3
Related Committee Hearings....................................... 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Federal Advisory Committee Act................................... 6
Unfunded Mandate Statement....................................... 6
Earmark Identification........................................... 6
Committee Cost Estimate.......................................... 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Congressional Budget Office Cost Estimate........................ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Resources Institute Act''.
SEC. 2. REPORT ON MERITS AND OPTIONS FOR ESTABLISHING AN INSTITUTE
RELATING TO SPACE RESOURCES.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Administrator and Secretary shall jointly submit to
the appropriate congressional committees a report on the merits of, and
options for, establishing an institute relating to space resources to
advance the objectives of NASA and the Department in maintaining United
States preeminence in space. Such objectives shall include the
following:
(1) Identifying, developing, and distributing space
resources, including by encouraging the development of
foundational science and technology.
(2) Reducing the technological risks associated with
identifying, developing, and distributing space resources.
(3) Research to maximize the responsible use of space
resources.
(4) Developing options for using space resources to--
(A) support current and future space architectures,
programs, and missions; and
(B) enable such architectures, programs, and missions
that would not otherwise be possible.
(b) Additional Matters.--The report required under subsection (a)
shall also include the following assessments of the Administrator and
the Secretary:
(1) Whether a virtual or physical institute relating to space
resources is most cost effective and appropriate.
(2) Whether partnering with institutions of higher education
and the aerospace industry, and the extractive industry as
appropriate, would be effective in increasing information
available to the institute with respect to advancing the
objectives described in subsection (a).
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NASA.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Science, Space, and Technology
of the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Department.--The term ``Department'' means the Department
of Commerce.
(4) Extractive industry.--The term ``extractive industry''
means companies and individuals involved in the processes of
extracting, including mining, quarrying, drilling, and
dredging, raw, natural materials or energy sources.
(5) Institution of higher education.--The term ``institution
of higher education'' has the meaning given such term in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(6) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(7) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(8) Space resource.--
(A) In general.--The term ``space resource'' means an
abiotic resource in situ in outer space.
(B) Inclusions.--The term ``space resource'' includes
a raw, natural material or energy source.
PURPOSE AND SUMMARY
H.R. 4152 evaluates the establishment of a space resources
institute. This bill directs the NASA Administrator and the
Secretary of Commerce to submit a report to Congress on the
merits and feasibility of establishing a space resources
institute to advance U.S. preeminence in space.
BACKGROUND AND NEED FOR LEGISLATION
The term ``space resources'' broadly encompasses everything
that exists outside the terrestrial boundary of Earth. While
true, the majority of activities centered around space
resources focus on the regolith on the surface of the Moon and
Mars, water-ice at the poles of planets, and metals contained
within asteroids. They contain water and oxygen that can be
extracted to support life in space. Moreover, they can be
processed to create rocket fuel and raw materials for
manufacturing in space. Such activity is commonly referred to
as in-space resource utilization (ISRU).
The utilization of these resources holds vast potential to
enable future operations in space. NASA has stated that ISRU is
a critical objective for achieving affordable and sustainable
human space exploration and is making long-term investments to
advance the necessary technology. Congress has also worked to
enable ISRU. The Commercial Space Launch Competitiveness Act of
2015 (CSLCA) authorized U.S. citizens to possess, own,
transport, use, and sell space resources they've obtained.
Following the passage of the CSLCA, several countries
implemented legislation on space resources. Luxembourg
authorized the appropriation of space resources by entities
operating under their domestic space laws. In 2019, the United
Arab Emirates included space resource exploration or extraction
in their list of regulated space activities. In 2021, Japan
established a policy which allows the government to grant
entities property rights over space resources. Similarly, China
has stated their intent to conduct ISRU activities and
indicated their support for allowing it.
As the U.S. takes the next steps in space exploration,
traveling farther distances and staying for longer periods,
ISRU stands as a foundational technology and will be critical
to retaining American leadership in space. This bill takes a
sensible, measured approach by exploring the value of a space
resource institute. The report this bill directs will provide
valuable information, helping to guide future government
efforts to support activity related to space resources.
LEGISLATIVE HISTORY
H.R. 4152 was introduced on June 15, 2023, by
Representative Caraveo (D-CO) and is cosponsored by
Representatives Lamborn (R-CO), Pettersen (D-CO), Neguse (D-
CO), and Molinaro (R-NY).
SECTION-BY-SECTION
Section 1. Short title
The short title of this legislation is the ``Space
Resources Institute Act''.
Section 2. Report on merits and options for establishing an institute
relating to space resources
This section directs a report to Congress, submitted
jointly by NASA and the Department of Commerce, on the merits
and options for establishing an institute relating to space
resources to advance the objectives of the agencies in
maintaining United States preeminence in space. The NASA
Administrator and Secretary of Commerce are also directed to
report on whether a virtual or physical institute would be more
cost effective and appropriate. The report will also evaluate
the effectiveness of partnering with institutions of higher
education, the aerospace industry, and the extractive industry,
as appropriate, in increasing information available to the
institute. This section also contains definitions for terms
used.
RELATED COMMITTEE HEARINGS
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop or consider H.R. 4152.
On May 26, 2022, the Subcommittee on Space and Aeronautics
held a hearing titled A Review of the Decadal Strategy for
Planetary Science and Astrobiology 2023-2032. Members and
witnesses discussed space resources, how they could be
utilized, and a science strategy for research related to them.
Witnesses:
Dr. Robin M. Canup, Co-Chair, Steering
Group, Committee on the Planetary Science and
Astrobiology Decadal Survey, National Academies of
Sciences, Engineering, and Medicine; Assistant Vice
President, Planetary Science Directorate, Southwest
Research Institute
Dr. Philip R. Christensen, Co-Chair,
Steering Group, Committee on the Planetary Science and
Astrobiology Decadal Survey, National Academies of
Sciences, Engineering, and Medicine; Arizona State
University
COMMITTEE CONSIDERATION
On March 20, 2024, the Committee on Science, Space, and
Technology met to consider H.R. 4152.
Rep. Lee offered an amendment to direct research to
maximize the responsible use of space resources. The amendment
was adopted by voice vote.
Chairman Lucas moved that Committee favorably report the
bill, as amended, to the House of Representatives with the
recommendation that the bill be approved. The motion was agreed
to by a vote of 37 yeas and 0 nays, a quorum being present.
ROLL CALL VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
The Committee finds that H.R. 4152 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act (Public Law 104-1).
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, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R.
4152 is to evaluate the establishment of a space resources
institute. This bill directs the NASA Administrator and the
Secretary of Commerce to submit a report to Congress on the
merits and feasibility of establishing a space resources
institute to advance U.S. preeminence in space.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, the Committee
finds that no provision of H.R. 4152 establishes or
reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, including any program
that was included in a report to Congress pursuant to section
21 of Public Law 111-139 or identified in the most recent
Catalog of Federal Domestic Assistance.
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 section 5(b) of the Federal Advisory
Committee Act.
UNFUNDED MANDATE STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. At the time this report was filed, the estimate was not
yet available.
EARMARK IDENTIFICATION
Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 4152 does not include any
congressional earmarks, limited tax benefits, or limited tariff
benefits.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 4152 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
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