[Senate Report 119-87]
[From the U.S. Government Publishing Office]
Calendar No. 198
119th Congress } { Report
SENATE
1st Session } { 119-87
_______________________________________________________________________
SPACE COMMERCE ADVISORY COMMITTEE ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 434
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 21, 2025.--Ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 198
119th Congress } { Report
SENATE
1st Session } { 119-87
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SPACE COMMERCE ADVISORY COMMITTEE ACT
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October 21, 2025.--Ordered to be printed
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Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 434]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 434) to establish the
Commercial Space Activity Advisory Committee, and for other
purposes, having considered the same, reports favorably thereon
with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
PURPOSE OF THE BILL
The purpose of S. 434 is to establish a Commercial Space
Activity Advisory Committee administered by the Department of
Commerce's Office of Space Commerce (OSC) to provide
recommendations on nongovernmental space activities and how the
United States could promote a robust and innovative commercial
space sector.
BACKGROUND AND NEEDS
OSC within the Department of Commerce was established as
the principal Federal entity responsible for overseeing,
coordinating, and promoting the growth of the U.S. commercial
space industry. Its core functions include the regulation of
private-sector remote sensing systems through the issuance of
licenses and compliance oversight, the advancement of U.S.
commercial interests in domestic and international space
policy, and the facilitation of a streamlined regulatory
environment for emerging space activities. OSC also oversees
the development and implementation of civil space situational
awareness capabilities to support safe in-space operations.
This includes the creation of a civilian-led traffic
coordination system, the Traffic Coordination System for Space,
to provide basic space safety services such as orbital
tracking, with the goal of enabling the transition of space
situational awareness responsibilities from the Department of
Defense to the Department of Commerce. OSC also serves as the
agency's lead office for interagency coordination on commercial
space matters.
OSC has experienced several challenges recently as the
volume of commercial space activity has increased.\1\ Among the
most significant are delays in delivering its Traffic
Coordination System for Space, the Nation's planned space
situational awareness system; failure to update timelines and
communicate changes to stakeholders; the absence of a clearly
defined long-term strategy for space traffic management; and
difficulties filing key program positions as well as
insufficient detail in its staffing plan to address roles,
priorities, and attrition management.\2\ These challenges have
hindered the Department's ability to keep pace with licensing
demands and to manage growing responsibilities, including
leading civilian space situational awareness efforts,
overseeing space traffic management, and establishing a
framework for non-traditional space activities.
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\1\Department of Commerce, Office of Inspector General, NOAA's
Office of Space Commerce Efforts to Provide Space Situational Awareness
Services Have Been Delayed and Need a Realistic Schedule, OIG-24-031-A,
July 30, 2024, https://www.oig.doc.gov/OIGPublications/OIG-24-031-
A%20%28SECURED%29_Final%20Report.pdf.
\2\Ibid.
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The purpose of the advisory committee would be to provide
advice to both the Secretary and Congress on the current and
future development of nongovernmental space activities. It
would offer recommendations to foster a safe, innovative, and
competitive commercial space industry, identify regulatory and
operational barriers, assess best practices for planetary
protection and environmental safeguards, and address broader
commercial space policy issues as necessary.
SUMMARY OF PROVISIONS
S. 434 would do the following:
Direct the Secretary of Commerce, working through
the Office of Space Commerce, to establish a Commercial
Space Activity Advisory Committee, comprised of 15
members. Members would need to be individuals with
significant experience in the commercial space industry
who represent a range of disciplines, such as policy,
engineering, science, law, academia, and finance.
Federal employees would be generally prohibited from
serving, except in the case of special Government
employees. Each term would last up to 4 years, with a
2-year waiting period before reappointment.
Direct the advisory committee to advise the
Secretary and Congress on the status and development of
nongovernmental space activities, recommending policies
to promote a safe and innovative commercial space
sector, identifying regulatory and operational
challenges, and reviewing best practices for planetary
protection from contamination and adverse changes in
the environment of the earth, while also providing
broader guidance on commercial space issues as needed.
Sunset the advisory committee 10 years after its
establishment.
LEGISLATIVE HISTORY
S. 434 was introduced on February 5, 2025, by Senator
Peters (for himself and Senator Wicker), and was referred to
the Committee on Commerce, Science, and Transportation of the
Senate. On June 25, 2025, the Committee met in open Executive
Session and, by voice vote, ordered S. 434 reported favorably
with an amendment (in the nature of a substitute).
118th Congress
S. 3342, the Space Commerce Advisory Committee Act, was
introduced on November 15, 2023, by Senator Peters (for himself
and Senator Wicker) and was referred to the Committee on
Commerce, Science, and Transportation of the Senate.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 434 would require the Office of Space Commerce within
the Department of Commerce to establish a Commercial Space
Activity Advisory Committee. That committee would update the
Office of Space Commerce on developments in nongovernmental
space activities and recommend ways for the United States to
promote its commercial space industry.
Using information about the cost of similar federal
advisory bodies, CBO estimates that implementing S. 434 would
cost less than $500,000 over the 2025-2030 period; any related
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is David Hughes.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
S. 434 would authorize OSC to assemble an advisory
committee comprised of 15 members to provide recommendations on
nongovernmental space activities and how the United States may
promote a robust and innovative commercial space sector. The
recommendations made by the advisory committee could impact the
nongovernmental space activities globally.
Economic Impact
S. 434 is not expected to have an impact on the Nation's
economy. The recommendations provided by the advisory committee
could lead to policy changes that result in economic benefits
within the aerospace community.
Privacy
S. 434 would not impact the personal privacy of
individuals.
Paperwork
The Committee anticipates a negligible increase in
paperwork burdens. OSC would require paperwork related to
establishment of the advisory committee, the advisory committee
members, and the advisory committee's recommendations and
evaluations, but there would be no congressional reporting
requirement.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Space Commerce Advisory Committee Act''.
Section 2. Definitions.
This section would define the terms ``Secretary'' as the
Secretary of Commerce, ``State'' as the States and territories
of the United States, and ``United States entity'' as an
individual who is a national of the United States and a
nongovernmental entity organized or existing under, and subject
to, the laws of the United States or a State.
Section 3. Commercial Space Activity Advisory Committee.
This section would direct the Secretary of Commerce to
establish a Commercial Space Activity Advisory Committee no
later than 180 days after enactment.
This section would require the advisory committee to
consist of 15 members with significant experience in the
commercial space industry, drawn from fields such as space
policy, engineering, technical, science, law, academia, and
finance. It would also require that members not be a current
Federal employee or official of the Federal Government and
would allow for very limited exceptions for certain special
Government employees.
This section would specify that members' term appointments
may be for up to 4 years, and that individuals must wait 2
years after their term expires before serving on the advisory
committee again.
This section would specify the required duties of the
advisory committee are to advise the Secretary and Congress on
developments in nongovernmental space activities and offer
recommendations to promote a safe, sustainable, robust,
competitive, and innovative commercial space sector under the
Department of Commerce's jurisdiction. The advisory committee
would also identify challenges related to international
obligations, export controls, harmful interference, and access
to radio frequency spectrum. Additionally, the advisory
committee would review best practices for preventing
contamination of the Moon, other celestial bodies, and
protecting Earth from extraterrestrial matter.
Lastly, this section would terminate the advisory committee
10 years after its establishment.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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