[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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