Legal and Departmental Authorities of the Office of Space Commerce
Legislation
U.S. Code Title 51, Chapter 507 establishes the Office of Space Commerce as a legal entity and defines its functions and responsibilities as follows. Highlighted text reflects amendments enacted in November 2015, including the name change from “Office of Space Commercialization” to “Office of Space Commerce” (view at congress.gov).
CHAPTER 507—OFFICE OF SPACE COMMERCE
§ 50701. Definition of Office
In this chapter, the term “Office” means the Office of Space 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 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, including—
- (1) to foster the conditions for the economic growth and technological advancement of the United States space commerce industry;
- (2) to coordinate space commerce policy issues and actions within the Department of Commerce;
- (3) to 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) to promote the advancement of United States geospatial technologies related to space commerce, in cooperation with relevant interagency working groups; and
- (5) to 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.
§ 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.
Congress passed this legislation in 1998, ten years after the Secretary of Commerce originally created the Office. Prior to 1998, Congress 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 (learn more).
Department Organization Orders
Department Organization Order 10-15 delegates certain authorities from the Secretary of Commerce to NOAA, including:
qq. The functions assigned to the Secretary by the Land Remote Sensing Policy Act of 1992, P.L. 102-555, 51 U.S.C. 60121 et seq., regarding the licensing of private remote sensing space systems, and PDD/NSTC-3, as amended (Presidential Decision Directive/National Science and Technology Council), Landsat Remote Sensing Strategy; and NSPD-27 (National Security Presidential Directive), U.S. Commercial Remote Sensing Policy.
Department Organization Order 25-5 organizes the Office of Space Commerce as a NOAA staff office reporting to the Assistant Secretary for Environmental Observation and Prediction. This reflects the November 2022 decision to elevate the Office out of NOAA’s National Environmental Satellite Data and Information Service (NESDIS) and merge NOAA’s Commercial Remote Sensing Regulatory Affairs office (CRSRA) into the Office of Space Commerce.
SECTION 6 STAFF OFFICES REPORTING TO THE ASSISTANT SECRETARY FOR ENVIRONMENTAL OBSERVATION AND PREDICTION
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.02 The Office of Space Commerce shall be the principal unit for commercial space policy and regulatory activities within NOAA and the Department, including advocating for and fostering the conditions for the growth and technological advancement of the U.S. commercial space industry; providing Space Situational Awareness (SSA) services for civil and commercial stakeholders to ensure safe and secure operations in space; and licensing private remote sensing space systems.
Prior DOOs placed the Office within various different parts of the Department with different names. DOO 15-19 (1988) established the original “Office of Space Commerce” within the Office of the Secretary of Commerce. Under DOO 10-17 (1996), it was the “Office of Air and Space Commercialization” and then the “Office of Space Commercialization” within the Technology Administration. From 2005-2022, under earlier versions of DOO 25-5, it was the “Office of Space Commercialization” under NOAA/NESDIS.