SPACE BILL
ROCKETS TOWARD CONGRESSIONAL APPROVAL
WASHINGTON, D.C., March 4, 2004
- The House of Representatives today approved legislation,
sponsored by Space and Aeronautics Subcommittee
Chairman Dana Rohrabacher (R-CA), designed to
promote the development of the emerging commercial
human space flight industry. H.R. 3752, The Commercial
Space Launch Amendments Act of 2004, would put in
place a clear, balanced regulatory regime to promote
the industry while ensuring public safety. The legislation
now heads to the U.S. Senate.
"Through our hearings and other work on the bill,
I have come to see this as one of the most important
measures this Committee will move this year," stated
House Science Committee Chairman Sherwood Boehlert
(R-NY). "This is about a lot more than 'joy
rides' in space, although there's nothing wrong with
such an enterprise. This is about the future of the
U.S. aerospace industry. As in most areas of American
enterprise, the greatest innovations in aerospace are
most likely to come from small entrepreneurs. This is
true whether we're talking about launching humans or
cargo. And the goal of this bill is to promote robust
experimentation, to make sure that entrepreneurs and
inventors have the incentives and the capabilities they
need to pursue their ideas. That's important to our
nation's future." Boehlert's full statement follows
this release.
Rohrabacher noted, "It is my sincere hope
that this bill will encourage individuals like Burt
Rutan and others to continue leading the way in pushing
the boundaries of technology and safety by building
and flight testing hardware, something NASA has yet
to do. This fine piece of legislation carries forward
my goal of promoting this new industry and cutting back
bureaucratic red tape, while protecting the public health
and safety."
"No one can say for certain whether commercial
human space flight will become a major industry. However,
I believe that the provisions in H.R.3752 will help
nurture its growth while at the same ensuring that public
health and safety are protected," said Science
Committee Ranking Democrat Bart Gordon (D-TN).
Major provisions of the legislation are designed to:
- eliminate any confusion about who should regulate
flights of suborbital rockets carrying human beings
by explicitly locating all commercial space flight
authority under the Federal Aviation Administration
(FAA) Office of Commercial Space Transportation (AST);
- make it easier to launch new types of reusable suborbital
rockets by allowing AST to issue experimental permits
that can be granted more quickly and with fewer requirements
than licenses;
- extend government indemnification for the entire
commercial space transportation industry (including
licensed, non-experimental commercial human space
launches) for a period of three years, but the bill
will not grant indemnification for flights conducted
under experimental permits, which will be more lightly
regulated; and
- require a study on how best to gradually eliminate
indemnification for the commercial space transportation
industry by 2008 or as soon as possible thereafter.
Today's House passage represents the culmination of
a long and thorough process beginning last July with
a joint House-Senate hearing, a Space Subcommittee hearing
last fall and a policy roundtable with experts in the
commercial space transportation industry late last year.
"Today, the U.S. House of Representatives has
led the nation toward a significant next step in developing
space and creating a major new economic engine for powering
our nation's economy. With the passage of HR 3752, the
House has demonstrated real vision for America's future
in space. This bill helps define the critical framework
for a commercial space regulatory process and authorizes
the very important federal agency that is responsible
for commercial space regulation. The leadership of both
the House Subcommittee on Space and the House Committee
on Science should be highly commended for their work
in passing this bill," said Tim Huddleston,
Executive Director of the Aerospace States Association.
"H.R. 3752 is precisely the kind of legislation
Congress should enact in order to give investors like
me confidence that our space tourism ventures will be
regulated in a fair and streamlined manner. I hope the
Senate takes up this bill soon and sends it on to President
Bush for his signature.," stated Dennis Tito,
the first space tourist in history.
Jeff Greason, President of Xcor Aerospace, a
private rocket firm with goals of sending human beings
into space said, "We think H.R. 3752 is very carefully
crafted legislation which will help commercial human
spaceflight develop in America. Confirming the FAA's
definition of suborbital flight, establishing a 'fly
at your own risk' human spaceflight regime, and creating
the new 'experimental permit' framework are all important
steps which we fully support. We hope the bill moves
through Congress swiftly retaining these key provisions."
###
108-195
HOUSE SCIENCE COMMITTEE CHAIRMAN
SHERWOOD BOEHLERT (R-NY)
Floor Statement on H.R. 3752
The Commercial Space Launch Amendments Act of 2004
Let me begin by thanking Mr. Rohrabacher, the chairman
of our Subcommittee on Space and Aeronautics, for introducing
this measure, for continually pressing for its passage,
and for working so cooperatively with us while drafting
it. He has single-handedly made this a priority issue
for the entire Committee.
I have to admit that when Mr. Rohrabacher first came
forward with the idea for this bill, I thought the notion
was a little, well, flighty. But through our hearings
and other work on the bill, I have come to see this
as one of the most important measures this Committee
will move this year.
Let me tell you why. This is about a lot more than
"joy rides" in space, although there's nothing
wrong with such an enterprise. This is about the future
of the U.S. aerospace industry. As in most areas of
American enterprise, the greatest innovations in aerospace
are most likely to come from small entrepreneurs. This
is true whether we're talking about launching humans
or cargo. And the goal of this bill is to promote robust
experimentation, to make sure that entrepreneurs and
inventors have the incentives and the capabilities they
need to pursue their ideas. That's important to our
nation's future.
Those entrepreneurs - the kinds of folks who are inventing
new rockets for cargo, and who are endowing and competing
for the X-prize - are doing our nation a tremendous
service - and I should add, they also seem to be enjoying
themselves.
So, what do those people need from us? The simplistic
answer is, "They just need government to get out
of the way." But as usual, the truth is more complex.
The innovators need - and are seeking - a government
regulatory regime that will provide predictability -
a regime that can offer stability and support to help
them attract private capital. And the general public
needs such a regime, as well, to ensure that the public
at large faces no undue health or safety risks from
any flights. In short, this industry requires government
regulation, but not so much regulation as to stifle
it.
This bill, which has been painstakingly negotiated with
all interested parties, strikes the proper balance.
It recognizes the industry's need to experiment - indeed,
it creates a new regulatory instrument to encourage
that experimentation - while recognizing the obligation
to protect the crew and the general public.
I should add, since I know that Mr. Flake will bring
this issue up a little later, that this regulation can
be provided without any increase in the budget of the
Federal Aviation Administration (FAA). We will be accepting
Mr. Flake's amendment. I would note that the Congressional
Budget Office (CBO) reached the same conclusion - that
no additional funding is needed to carry out this bill.
I should also add, that under this bill, the government
will go beyond creating a stable environment for these
entrepreneurs. The bill extends the existing provision
of law under which the government indemnifies the companies
undertaking these flights for set amounts and purposes.
In keeping with past Congressional practice, we are
extending indemnification temporarily - for three years
in this case - and we are also asking for a study to
determine how to end indemnification without harming
the industry. I don't think the government should be
taking on the risks of this enterprise forever.
So, this is a very fair, balanced, carefully crafted
bill that will both help a budding industry and protect
the public. The result, over time, should be the development
of new ideas on ways to take humans into space on suborbital
rockets. We're still a long way off from making rockets
"common carriers" like airplanes, but we need
to promote the experimental work.
I want to thank Chairman Young of the Transportation
Committee for working with us on the jurisdictional
issues that this bill presented. I also want to thank
the staff who worked on this bill, particularly one
of our newer staffers, Tim Hughes, who has become an
expert in this area of law.
I urge my colleagues to support this bill. Thank you.
|