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