Commercial Space Launch Amendments Act Of 2004
Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, let me begin by thanking the gentleman from California (Mr. Rohrabacher), the chairman of our Subcommittee on Space and Aeronautics, for introducing this measure, for…
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me begin by thanking the gentleman from California (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 crafting it. He has single-handedly made this a priority issue for the entire committee.
I have to admit, when the gentleman from California (Mr. Rohrabacher) first came forward with the idea for this bill, I thought the notion was, well, a little flighty. But through our hearings and other work on this 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 joyrides in space, although there is 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 are talking about launching humans or cargo. 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 is 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. That is a winning combination.
So what do these people need from us? The simplistic answer is they just need government to get out of the way. But, as usual, the truth is a little 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 undo health or safety risk 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 the gentleman from Arizona (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. That bears repeating: without any increase in the budget of the Federal Aviation Administration.
We will be accepting the amendment of the gentleman from Arizona (Mr. Flake). I would note that the Congressional Budget Office 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 3 years, in this case; and we are also asking for a study to determine how to end indemnification without harming the industry. I do not think the government should be taking on the risk of this enterprise forever.
So this is a very fair, balanced, carefully crafted bill that will help a budding industry and protect the public. The result, over time, should be the development of new ideas and ways to take humans into space on sub-orbital rockets.
We are still a long way off from making rockets common carriers like airplanes, but we need to promote the experimental work. I want to thank the gentleman from Alaska (Mr. Young) of the Committee on Transportation and Infrastructure for working with us on the jurisdictional issues that the bill presented. I also want to thank the staff who worked on this bill, particularly one of our new staffers, Tim Hughes, who has become an expert in this area of law. I wish to thank both sides of the aisle, Democrats under the gentleman from Tennessee (Mr. Gordon), my fellow Republicans under me, for working so cooperatively for so long to bring forward a product that results in encouragement for a budding industry and gives optimism as we look to the future. I urge my colleagues to support this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield such time as he may consume to the gentleman from California (Mr. Rohrabacher), the distinguished chairman of the Subcommittee on Space and Aeronautics, the driver behind this legislation.
Mr. Chairman, I yield such time as he may consume to the gentleman from Oklahoma (Mr. Lucas) for the purposes of a colloquy.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I thank the gentleman for his kind words. He is correct in stating that this legislation seeks to put in place sufficient Federal regulation to protect the general public while also promoting this important new industry.
I thank the gentleman for that question.
This is a very important issue on which we have worked extensively with industry and the executive branch in developing this bill. As currently drafted, H.R. 3752 incorporates definitions promulgated by the Federal Aviation Administration to distinguish between suborbital rockets, which are under the jurisdiction of FAA's Associate Administrator for Commercial Space Transport, and other aerospace vehicles which are regulated by another part of the FAA. That said, I would be happy to keep working with the gentleman from Oklahoma (Mr. Lucas) and other interested parties as the bill moves forward to revisit the important issue of how best to regulate hybrid vehicles that are engaged in commercial human space flight.
Mr. Chairman, I have no further speakers, and I yield back the balance of my time.
Mr. Chairman, I offer an amendment.
Mr. Chairman, I rise to support my amendment. I am offering this amendment on behalf of myself and the gentleman from Tennessee (Mr. Gordon). This is a straightforward managers' amendment.
The amendment makes technical changes to the bill. It also creates one inadvertent but substantive drafting error. Correcting the bill will make it clear that the Federal Aviation Administration retains its current authority to waive the requirements to obtain a license, while also making it clear that that authority does not extend to flights that carry humans.
Finally, the amendment removes the requirement that crews sign reciprocal waivers of liability. This amendment is not controversial. It is bipartisan, and I urge its adoption.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I am pleased to accept the amendment. We accept the rationale and the intent and we are pleased to accept this amendment.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.