49–006 

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 


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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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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. 


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‘‘(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 reauthorizing the National Aeronautics and Space Administration in 


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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 


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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, PlanVerDate Sep 11 2014 07:09 Jun 16, 2015 Jkt 049006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR153.XXX HR153

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etary Science Institute; Professor Joanne Gabrynowicz, Professor 

Emerita, Director Emerita, Journal of Space Law Editor-in-Chief 

Emerita, University of Mississippi; Dr. Philip Christensen, CoChair, 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. 


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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. § 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. § 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 


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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. 


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Jurisdiction 

Federal courts are granted original jurisdiction over entities defined in § 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 nongovernmental entities in outer space. § 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. onorbit 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. 


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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 § 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 § 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. 


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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. 


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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 efVerDate Sep 11 2014 07:09 Jun 16, 2015 Jkt 049006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR153.XXX HR153

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fects, 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. 

101. Definitions ................................................................................................ 10101 

* * * * * * * 

Subtitle V—Programs Targeting Commercial Opportunities 

* * * * * * * 

513. Space resource exploration and utilization ...................................... 51301 

* * * * * * * 

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. 

§ 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 reVerDate Sep 11 2014 07:09 Jun 16, 2015 Jkt 049006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6603 E:\HR\OC\HR153.XXX HR153

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source 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. 

§ 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. 

§ 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— 


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(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. 

* * * * * * * 


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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 enVerDate Sep 11 2014 07:09 Jun 16, 2015 Jkt 049006 PO 00000 Frm 00020 Fmt 6604 Sfmt 6604 E:\HR\OC\HR153.XXX HR153

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tities 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. 

Æ 


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