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Legislative Authority

Congress enacted legislation establishing the Office of Space Commercialization in 1998 (Public Law 105-309). The legislation has been amended three times, in 2002 (P.L. 107-305), 2004 (P.L. 108-447), and 2010 (P.L. 111-314).

The legislation is codified in Title 51 of the United States Code, Chapter 507 (51 U.S.C. § 50701 to § 50703). Prior to 2010, it was codified as 15 U.S.C. § 1511e and § 1535.

CHAPTER 507—OFFICE OF SPACE COMMERCIALIZATION

§ 50701. Definition of Office

In this chapter, the term "Office" means the Office of Space Commercialization established in section 50702 of this title.

§ 50702. Establishment

(a) In General.—There is established within the the Department of Commerce an Office of Space Commercialization.

(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.

(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.

§ 50703. Annual report

The Secretary of Commerce shall submit an annual report on the activities of the Office, including planned programs and expenditures, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives.

Although the legislation establishing the Office dates back to 1998, Congress first recognized the Office's existence in 1990 (P.L. 101-611) and again in 1992 (P.L. 102-588).

Title 51 also includes legislation establishing a Commercial Space Achievement Award to be awarded by the Secretary of Commerce.

In 2007, the Office of Space Commercialization proposed new legislation to update the functions assigned to it in 1998. That legislation did not pass.