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[House Report 114-797]
[From the U.S. Government Publishing Office]

114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-797

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                      OFFICE OF SPACE COMMERCE ACT

                                _______
                                

 September 28, 2016.--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

                        [To accompany H.R. 2263]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 2263) to rename the Office of Space 
Commerce and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     1
Section-by-Section...............................................     3
Explanation of Amendments........................................     4
Committee Consideration..........................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Federal Advisory Committee Act...................................     5
Unfunded Mandate Statement.......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill, as Reported............     6

                     Committee Statement and Views

                          PURPOSE AND SUMMARY

    The purpose of H.R. 2263, the ``Office of Space Commerce 
Act,'' is to restore the Office of Space Commercialization's 
name to the ``Office of Space Commerce'' to more accurately 
reflect its responsibilities and to expand the Office's 
responsibilities to include stewardship of the National Space-
Based Position, Navigation, and Timing Coordination Office.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Office of Space Commercialization, currently funded 
within the National Oceanic and Atmospheric Administration 
(NOAA) and authorized within the Department of Commerce under 
the Technology Administration Title of 1998, is the principal 
unit for commercial space policy activities. This legislation 
restores the Office's original name, ``Office of Space 
Commerce,'' to more accurately reflect its commercial space 
responsibilities. In addition, the legislation seeks to update 
the Office's functions to reflect the current state of the U.S. 
commercial space industry. The legislation streamlines the 
functions of the Office to preserve flexibility for the 
Department in executing the Office's responsibilities. The 
legislation also expands the Office's responsibilities 
supporting the Positioning, Navigation, and Timing (PNT) policy 
to include its stewardship of the National Space-Based PNT 
Coordination Office.

                          LEGISLATIVE HISTORY

    During the 113th and 114th Congresses, the House Committee 
on Science, Space, and Technology held 14 hearings and five 
markups relevant to commercial space initiatives. Four of those 
Committee proceedings were relevant to this legislation.
    On November 20, 2013, the Subcommittee on Space held a 
hearing titled ``Commercial Space.'' The hearing examined ways 
in which companies are utilizing federal support and government 
policies to grow their commercial businesses in space launch, 
communications, GPS, remote sensing, weather monitoring, 
suborbital tourism and 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 February 4, 2014, the Subcommittee on Space held a 
hearing titled ``Necessary Updates to the Commercial Space 
Launch Act.'' The industry has grown since the passage of the 
Commercial Space Launch Act of 1984 (P.L. 98-575) thirty years 
ago, and this law has been amended several times since then. 
The Commercial Space Launch Act (CSLA) provides authority to 
the FAA to license launches and indemnify launch providers from 
third-party claims should an accident occur. The law also 
provides a framework for the FAA's authority. This hearing 
examined the various changes in the industry and what, if any, 
accompanying changes to the Commercial Space Launch Act may be 
needed going forward. The Committee heard from three witnesses: 
Dr. George Nield, Associate Administrator for Commercial Space 
Transportation at the Federal Aviation Administration; Dr. 
Alicia Cackley, Director of Financial Markets and Community 
Investment Team at the Government Accountability Office; and 
Dr. Henry Hertzfeld, Research Professor of Space Policy and 
International Affairs at the Elliot School of International 
Affairs at George Washington University.
    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 is large enough upon reentering 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 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 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.

                           Section-by-Section

Sec. 1. Short title

    Titles the Act the ``Office of Space Commerce Act.''

Sec. 2. Renaming of Office of Space Commercialization

    This section modifies Section 8(a) of the Technology 
Administration Act of 1998 (51 U.S.C. Sec. 50702(a)), to 
restore the original name of the Office to the ``Office of 
Space Commerce'' (rather than the ``Office of Space 
Commercialization''). The Office of Space Commercialization is 
the principal unit for space commerce policy activities within 
the Department of Commerce. The Office's mission is to foster 
the conditions for the economic growth and the technological 
advancement of the U.S. commercial space industry. This name 
change more accurately reflects the Office's core mission, 
which is to promote U.S. commerce (and not to commercialize 
space programs or projects).

Sec. 3. Functions of the Office of Space Commerce

    This section modifies section 8(c) of the Technology 
Administration Act of 1998 (51 U.S.C. Sec. 50702(c)), to 
outline the functions of the Office of Space Commerce and 
reflect the current state of the U.S. space commerce industry. 
The functions are revised to include supporting the 
Administration's Positioning, Navigation, and Timing (PNT) 
national policy, stewardship of the National Space-Based PNT 
Coordination Office, and expanding commercial remote sensing 
and geospatial technology activities in coordination with 
relevant interagency organizations, for example, the Federal 
Geographic Data Committee (FGDC), Senior Management Oversight 
Committee (SMOC), Remote Sensing Interagency Working Group 
(RSIWG), PNT Executive Steering Group (ESG), and GPS 
International Working Group (GIWG).

                       Explanation of Amendments

    During the Science, Space, and Technology Committee's 
markup of this legislation, no amendments to the bill were 
considered.

                        Committee Consideration

    On May 13, 2015, the Committee met in open session and 
ordered reported favorably the bill, H.R. 2263, by voice vote, 
a quorum being present.

              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 restores the Office of Space Commercialization's name 
to the ``Office of Space Commerce.'' 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. 2263, the Office of Space Commerce Act, would restore 
the Office of Space Commercialization's name to the ``Office of 
Space Commerce.''

                    Duplication of Federal Programs

    No provision of H.R. 2263 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. 2263 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 
Mandates Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported 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. 2263 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. 2263. 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. 2263 from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 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. 2263, the Office 
of Space Commerce Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Marin 
Burnett.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 2263--Office of Space Commerce Act

    H.R. 2263 would change the name of the Office of Space 
Commercialization in the Department of Commerce to the Office 
of Space Commerce and clarify the duties and responsibilities 
of the agency. CBO estimates that implementing H.R. 2263 would 
have no significant effect on the federal budget because it 
would not expand the duties of the existing office. Enacting 
H.R. 2263 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 2263 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 Marin Burnett. 
The estimate was approved by Theresa Gullo, 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 (existing law 
proposed to be omitted is enclosed in black brackets, 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

     * * * * * * *
50701ffice of Space [Commercialization] Commerce......................

           *       *       *       *       *       *       *

SUBTITLE V--PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES

           *       *       *       *       *       *       *

       CHAPTER 507--OFFICE OF SPACE [COMMERCIALIZATION] COMMERCE

Sec. 50701. Definition of Office

  In this chapter, the term ``Office'' means the Office of 
Space [Commercialization] Commerce established in section 50702 
of this title.

Sec. 50702. Establishment

  (a) In General.--There is established within the Department 
of Commerce an Office of Space [Commercialization] Commerce.
  (b) Director.--The Office shall be headed by a Director, who 
shall be a senior executive and shall be compensated at a level 
in the Senior Executive Service under section 5382 of title 5 
as determined by the Secretary of Commerce.
  (c) Functions of Office.--The Office shall be the principal 
unit for the coordination of space-related issues, programs, 
and initiatives within the Department of [Commerce.] Commerce, 
including to--
          (1) foster the conditions for the economic growth and 
        technological advancement of the United States space 
        commerce industry;
          (2) coordinate space commerce policy issues and 
        actions within the Department of Commerce;
          (3) represent the Department of Commerce in the 
        development of United States policies and in 
        negotiations with foreign countries to promote United 
        States space commerce;
          (4) promote the advancement of United States 
        geospatial technologies related to space commerce, in 
        cooperation with relevant interagency working groups; 
        and
          (5) provide support to Federal Government 
        organizations working on Space-Based Positioning 
        Navigation, and Timing policy, including the National 
        Coordination Office for Space-Based Position, 
        Navigation, and Timing.
  (d) Duties of Director.--The primary responsibilities of the 
Director in carrying out the functions of the Office shall 
include--
          (1) promoting commercial provider investment in space 
        activities by collecting, analyzing, and disseminating 
        information on space markets, and conducting workshops 
        and seminars to increase awareness of commercial space 
        opportunities;
          (2) assisting United States commercial providers in 
        the efforts of those providers to conduct business with 
        the United States Government;
          (3) acting as an industry advocate within the 
        executive branch of the Federal Government to ensure 
        that the Federal Government meets the space-related 
        requirements of the Federal Government, to the fullest 
        extent feasible, using commercially available space 
        goods and services;
          (4) ensuring that the United States Government does 
        not compete with United States commercial providers in 
        the provision of space hardware and services otherwise 
        available from United States commercial providers;
          (5) promoting the export of space-related goods and 
        services;
          (6) representing the Department of Commerce in the 
        development of United States policies and in 
        negotiations with foreign countries to ensure free and 
        fair trade internationally in the area of space 
        commerce; and
          (7) seeking the removal of legal, policy, and 
        institutional impediments to space commerce.

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