Space Resource Exploration and Utilization Act of 2015

“513 Space resource exploration and utilization

“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 an 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.

“(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.”