59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–797 

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 responVerDate Sep 11 2014 04:08 Oct 04, 2016 Jkt 059006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR797.XXX HR797

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sibilities 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 


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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, CoChair, 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.’’ 


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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. § 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. § 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. 


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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 

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atives 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. 

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

* * * * * * * 


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Subtitle V—Programs Targeting Commercial Opportunities 

* * * * * * * 

507. Office of Space øCommercialization¿ Commerce ..................................... 50701 

* * * * * * * 

SUBTITLE V—PROGRAMS TARGETING 

COMMERCIAL OPPORTUNITIES 

* * * * * * * 

CHAPTER 507—OFFICE OF SPACE 

øCOMMERCIALIZATION¿ COMMERCE 

§ 50701. Definition of Office 

In this chapter, the term ‘‘Office’’ means the Office of Space 

øCommercialization¿ Commerce established in section 50702 of this 

title. 

§ 50702. Establishment 

(a) IN GENERAL.—There is established within the Department of 

Commerce an Office of Space øCommercialization¿ 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 øCommerce.¿ 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 SpaceBased 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; 


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(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. 

* * * * * * * 

Æ 


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