[Congressional Record Volume 150, Number 27 (Thursday, March 4, 2004)]
[House]
[Pages H835-H840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMERCIAL SPACE LAUNCH AMENDMENTS ACT OF 2004
The SPEAKER pro tempore (Mr. Boehner). Pursuant to House Resolution
546 and rule XVIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the consideration of the
bill, H.R. 3752.
{time} 1155
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 3752) to promote the development of the emerging commercial human
space-flight industry, to extend the liability indemnification regime
for the commercial space transportation industry, to authorize
appropriations for the Office of the Associate Administrator for
Commercial Space Transportation, and for other purposes, with Mr.
LaTourette in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from New York (Mr. Boehlert) and the
gentleman from Tennessee (Mr. Gordon) each will control 30 minutes.
The Chair recognizes the gentleman from New York (Mr. Boehlert).
Mr. BOEHLERT. 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
[[Page H836]]
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.
{time} 1200
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. GORDON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to speak in support of H.R. 3752, the Commercial
Space Launch Amendment Act of 2004. The gentleman from California (Mr.
Rohrabacher) is to be congratulated for his efforts on this bill and I
am pleased to be an original cosponsor.
The main provisions of the bill have already been described so I will
not take time to discuss them further at this point. Instead, I would
just like to make the following observations:
First, the basic purpose of the bill is to establish a framework for
regulating the commercial human space flight industry. We have ample
testimony that such a framework is needed if the companies are to make
their plans and attract needed capital. I believe that this bill
addresses that need in a practical and balanced manner.
Second, we are talking about an emerging industry. No one has yet
flown a private passenger-carrying space vehicle, and we are far from
knowing how the market for such a launch service will develop. As a
result, we may need to revisit some of the issues covered by this
legislation after we have accumulated some actual experience with
commercial operations. Yet that reality should not prevent us from
taking the steps that are included in this bill to provide at least an
initial regulatory framework.
Third, while I believe this is a good bill, I think there are still
some areas that could be improved. The gentleman from New York (Mr.
Boehlert) and I intend to offer a joint managers' amendment that will
deal with several of them, and I hope that Members will join us in
supporting that amendment.
Other issues will warrant further discussion over the coming weeks.
For example, I do not believe that the testimony and studies received
by the Committee on Science over the last several years agree with the
bill's bias towards eliminating the existing liability indemnification
regime, and I hope that we will revisit that issue when we are in
conference on this legislation with the Senate.
Mr. Chairman, H.R. 3752 was reported out of the Committee on Science
on a bipartisan basis. I urge my colleagues to support my bill when it
comes up for a vote.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. 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. ROHRABACHER. Mr. Chairman, I would like to thank the gentleman
from New York (Mr. Boehlert) for all his help and energy and creativity
and that of his staff as well. We have worked long and hard on this and
I am very happy that it is coming to fruition today. I would also like
to thank my colleagues on the other side of the aisle who have been
working on this with us in a great spirit of bipartisanship and love of
country and love of technology and innovation.
Mr. Chairman, the Commercial Space Launch Amendment Act of 2004
represents the fruit of a long and thorough analysis of the commercial
human space flight industry beginning in July with a joint House-Senate
hearing on this subject, a Subcommittee on Space and Aeronautics
markup, a policy roundtable with experts in the commercial space
transportation industry late last year, and a full committee markup
early in February. So we have been through the rings on this particular
piece of legislation.
The bill before us today, H.R. 3752, creates a clear and balanced
regulatory regime to govern the emerging commercial human space flight
industry. 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 public health and safety.
H.R. 3752 eliminates confusion as to who regulates reusable
suborbital rockets by directing a regulatory regime for licensing
commercial human space flight activities to be established under the
jurisdiction of the FAA's Office of Commercial Space Transportation.
The bill makes it easier for entrepreneurs to launch new types of
reusable suborbital rockets by directing the Secretary of
Transportation to create experimental flight permits, which are
separate and distinct from existing commercial launch licenses.
H.R. 3752 also extends the existing commercial space transportation
indemnification regime by 3 years, as the chairman noted, through
December 31, 2007, and calls for a study in determining how best to
gradually eliminate the indemnification regime for the commercial space
transportation industry by 2008. Overall, the bill will help get this
new industry on its way and on its feet and give the existing space
launch industry more time to grow.
Let me note that in the past we have seen spin-offs from the
Department of Defense helping people in the private sector and the
commercial sector do their business, whether it is GPS satellites or
whatever type of technology that was developed over with the DOD in
order to help our national security meet those needs. We have seen
those spin-offs come to the private sector and help us commercially. I
think today that this piece of legislation will launch a new industry
where we will see the commercial industry developing technologies that
will have spin-offs for the Department of Defense. The spin-offs are
going to start going in the other direction where our great space
entrepreneurs like Rutan and others are going to be developing
aerospace technologies that can be put to use in our national security
while they are developing them originally for use in the commercial and
private sector.
It is this type of cooperation that should be going on and we should
be
[[Page H837]]
encouraging it in both directions. That is what this bill does. I would
like to thank the gentleman from New York (Mr. Boehlert) again and the
industry, my colleagues on the other side of the aisle, the ranking
member, the gentleman from Tennessee (Mr. Gordon) and the FAA for their
help in developing the bill. Their tremendous efforts will ensure that
the regulatory barriers do not hinder the promises and potential of
commercial human space flight and all the potential it holds for our
Nation.
I urge my colleagues to vote for H.R. 3752.
Mr. BOEHLERT. Mr. Chairman, I yield such time as he may consume to
the gentleman from Oklahoma (Mr. Lucas) for the purposes of a colloquy.
Mr. LUCAS of Oklahoma. Mr. Chairman, I appreciate the gentleman from
New York (Mr. Boehlert) and the gentleman from Tennessee (Mr. Gordon)
bringing this important bill to the floor, because the emerging
commercial human space flight industry presents tremendous
opportunities for my State of Oklahoma and our Nation as a whole. I am
particularly appreciative of this bill's intent to ease the regulatory
burdens for entrepreneurs who are developing new suborbital reusable
launch vehicles.
Mr. BOEHLERT. Mr. Chairman, will the gentleman yield?
Mr. LUCAS of Oklahoma. I yield to the gentleman from New York.
Mr. BOEHLERT. 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.
Mr. LUCAS of Oklahoma. As you know, Mr. Chairman, some suborbital
reusable launch vehicles that will be used in commercial human space
flight activities may have some attributes normally associated with
airplanes as well as many attributes of rockets. My hope is that such
hybrid vehicles would not have to be regulated under two separate
regimes. What are the chairman's views on this matter?
Mr. BOEHLERT. 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. LUCAS of Oklahoma. I thank the chairman and I look forward to
continuing to work with him and our colleagues in the other body to see
if we can create a single regime for hybrid commercial space flight
vehicles.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in support of the
Commercial Space Launch Amendments Act. I would like to commend my
colleague from California for his leadership, encouraging interest and
activity in space exploration. I also commend Ranking Member Bart
Gordon and the new Ranking Member of the Space Subcommittee Nick
Lampson of Houston, for helping make this important bill much better.
Commercial space flight is at a crossroads--as is our federal space
exploration mission at NASA. Space tourism could revolutionize the
human experience and could potentially become billion-dollar industry,
creating numerous jobs in high-tech manufacturing and design. I believe
that that will indeed happen someday, although I would not go out on a
limb and predict whether it will be in two decades, or two centuries.
But I do believe that mankind's natural curiosity and hunger for
excitement will ultimately enable us to break through the gravitational
bond that holds us to the surface of this planet. And I am confident
that the American spirit will allow United States companies and
scientists and explorers to be on the forefront of that great endeavor.
As those companies develop, they may also come to play a more
integral role in complementing the NASA mission--allowing NASA to focus
on cutting edge exploration, while they fulfill the more-mundane heavy
lifting and transport functions. This could be extremely valuable and
cost-effective.
The question before us though, is ``What should be the role of the
federal government in the development of commercial space flight?'' I
have always been a great supporter of the NASA mission, and its non-
commercial manned and unmanned exploration of space. I feel the search
for knowledge and understanding in this universe is noble and
worthwhile. I believe that the NASA mission inspires our children to
excel in the sciences and math, and thus helps stimulate the
development of American leaders in technology. And NASA is a source of
discovery and innovation that drives our economy and development. All
of these things make NASA well worth strong federal investment.
Commercial space activity is often associated with space tourism--a
potential thrill for the multi-millionaires of this world. I have no
problem with that. But if that is all that industry is, an expensive
amusement ride, then perhaps the federal government should limit its
role to issuing safety guidelines and regulations for liability
insurance requirements and waivers and then let the private sector do
the rest.
But if this industry has the potential to be a huge source of jobs
and revenues in the United States, or if there can be some fruitful
collaboration with NASA, helping in education and science, or training
of astronauts, or tech development--perhaps more federal financial
investment would be appropriate.
These are the questions we have been grappling with in the Science
Committee over the past year. Regardless of the answer, the fact is
that this industry is at a crossroads, and it is time that we in
Congress make it clear what the federal role shall be, whether we will
obstruct their development, help drive this industry, or simply get out
of the way.
H.R. 3752 makes great progress in defining the federal role for
commercial space launch, and encouraging this industry to get off the
ground, if you'll pardon the expression.
This Act will establish a framework for regulating the emerging
commercial human space flight industry, giving the responsibility to
FAA's Office of Commercial Space Transportation, which currently
licenses unmanned expendable launch vehicles that put commercial
satellites into orbit. It also creates a ``permit'' system to
facilitate experimental test flights of new vehicles, while retaining a
full licensing system for operational systems. H.R. 3752 will also
extend the existing liability indemnification regime for the commercial
space transportation industry for another three years and require a
study of how to ultimately phase out that temporary regime.
These are prudent steps, worked out in a bipartisan way in the Space
Subcommittee and the whole Committee. I support this approach, and will
vote for this bill.
However, space flight is intrinsically risky, and we must make safety
our primary consideration. We do not want a burgeoning space industry
to follow the example NASA has set of late--and make safety an
afterthought. I have been calling for a change in the culture at NASA,
to one of openness and commitment to the well being of our spacecraft
and crews. We must ensure that such a philosophy is adhered to in the
private space sector as well.
I have authored two bills that I will introduce soon, to make NASA
safer. One will protect employees from retaliation by managers when
they come forward and bring to light safety problems that could lead to
the loss of a NASA spacecraft or the lives of crewmembers. These worker
protections would also extent to contractors for NASA. I hope in the
future to work with the FAA, to ensure that such protections are in
place in the commercial space industry.
First, we will need to pass this bill, and start putting the
regulatory structure in place. I support the bill and urge my
colleagues to do the same.
Mr. GORDON. Mr. Chairman, I have no further speakers, and I yield
back the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I have no further speakers, and I yield
back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill is considered read for amendment under
the 5-minute rule.
The text of H.R. 3752 is as follows:
H.R. 3752
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Space Launch
Amendments Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the goal of opening space to the American people and
their private commercial, scientific, and cultural
enterprises should guide Federal space investments, policies,
and regulations;
(2) private industry has begun to develop commercial launch
vehicles capable of carrying human beings into space, and
greater
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private investment in these efforts will stimulate the
Nation's commercial space transportation industry as a whole;
(3) space transportation is inherently risky;
(4) a critical area of responsibility for the Office of the
Associate Administrator for Commercial Space Transportation
is to regulate the emerging commercial human space flight
industry; and
(5) the public interest is served by creating a clear legal
and regulatory regime for commercial human space flight.
SEC. 3. AMENDMENTS.
(a) Findings and Purposes.--Section 70101 of title 49,
United States Code, is amended--
(1) in subsection (a)(3), by inserting ``human space
flight,'' after ``microgravity research,''; and
(2) in subsection (a)(4)--
(A) by striking ``satellite''; and
(B) by striking ``services now available from'' and
inserting ``capabilities of''.
(b) Definitions.--Section 70102 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (2) through (17) as
paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12),
(13), (14), (15), (16), (18), (21), and (22), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `crew' means any employee of a licensee or
transferee, or of a contractor or subcontractor of a licensee
or transferee, who performs activities in the course of that
employment directly relating to the launch, reentry, or other
operation of or in a launch vehicle or reentry vehicle that
carries human beings.'';
(3) in paragraph (4), as so redesignated by paragraph (1)
of this subsection, by inserting ``, crew, or space flight
participant'' after ``any payload'';
(4) in paragraph (6)(A), as so redesignated by paragraph
(1) of this subsection, by striking ``and payload'' and
inserting ``, payload, crew (including crew training), or
space flight participant'';
(5) in paragraph (8)(A), as so redesignated by paragraph
(1) of this subsection, by inserting ``or human beings''
after ``place a payload'';
(6) by inserting after paragraph (10), as so redesignated
by paragraph (1) of this subsection, the following new
paragraph:
``(11) `permit' means an experimental permit issued under
section 70105.''.
(7) in paragraph (13), as so redesignated by paragraph (1)
of this subsection, by inserting ``crew, or space flight
participants,'' after ``and its payload,'';
(8) in paragraph (14)(A), as so redesignated by paragraph
(1) of this subsection, by striking ``and its payload''
inserting ``and payload, crew (including crew training), or
space flight participant'';
(9) by inserting after paragraph (16), as so redesignated
by paragraph (1) of this subsection, the following new
paragraph:
``(17) `space flight participant' means an individual, who
is not crew, carried within a launch vehicle or reentry
vehicle.'';
(10) by inserting after paragraph (18), as so redesignated
by paragraph (1) of this subsection, the following new
paragraphs:
``(19) `suborbital rocket' means a rocket-propelled vehicle
intended for flight on a suborbital trajectory whose thrust
is greater than its lift for the majority of the powered
portion of its flight.
``(20) `suborbital trajectory' means the intentional flight
path of a launch vehicle, reentry vehicle, or any portion
thereof, whose vacuum instantaneous impact point does not
leave the surface of the Earth.''; and
(11) in paragraph (21), as so redesignated by paragraph (1)
of this subsection--
(A) by striking ``or'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(E) crew or space flight participants.''.
(c) Commercial Human Space Flight.--(1) Section 70103(a) of
title 49, United States Code, is amended by inserting ``,
through the Associate Administrator for Commercial Space
Transportation,'' after ``Secretary of Transportation''.
(2) Section 70103(b)(1) of title 49, United States Code, is
amended by inserting ``, including those involving space
flight participants'' after ``private sector''.
(3) Section 70104(a) of title 49, United States Code, is
amended--
(A) by striking ``License Requirement.--A license issued or
transferred under this chapter'' and inserting
``Requirement.--A license issued or transferred under this
chapter, or a permit,''; and
(B) by inserting after paragraph (4) the following:
``Notwithstanding this subsection, a permit shall not
authorize a person to operate a launch site or reentry
site.''.
(4) Section 70104(b) of title 49, United States Code, is
amended by inserting ``or permit'' after ``holder of a
license''.
(5) The section heading of section 70105 of title 49,
United States Code, is amended by striking ``License
Applications'' and inserting ``Applications'', and the item
relating to that section in the table of sections for chapter
701 of title 49, United States Code, is amended accordingly.
(6) Section 70105(a) of title 49, United States Code, is
amended--
(A) by striking ``Applications.-- '' and inserting
``Licenses.--'';
(B) in paragraph (1), by striking ``subsection (b)(2)(D)''
both places it appears and inserting ``subsection
(c)(2)(D)''; and
(C) in paragraph (2), by inserting ``, including crews,''
after ``or personnel''.
(7) Section 70105 of title 49, United States Code, is
amended by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively, and by inserting after
subsection (a) the following new subsection:
``(b) Experimental Permits.--(1) A person may apply to the
Secretary of Transportation for an experimental permit under
this subsection in the form and manner the Secretary
prescribes. Consistent with the public health and safety,
safety of property, and national security and foreign policy
interests of the United States, the Secretary, not later than
90 days after receiving an application pursuant to this
subsection, shall issue a permit if the Secretary decides in
writing that the applicant complies, and will continue to
comply, with this chapter and regulations prescribed under
this chapter. The Secretary shall inform the applicant of any
pending issue and action required to resolve the issue if the
Secretary has not made a decision not later than 60 days
after receiving an application. The Secretary shall transmit
to the Committee on Science of the House of Representatives
and Committee on Commerce, Science, and Transportation of the
Senate a written notice not later than 15 days after any
occurrence when a permit is not issued within the deadline
established by this subsection.
``(2) In carrying out paragraph (1), the Secretary may
establish procedures for safety approvals of launch vehicles,
reentry vehicles, safety systems, processes, services, or
personnel, including crews, that may be used in conducting
commercial space launch or reentry activities pursuant to a
permit.
``(3) In order to encourage the development of a commercial
space flight industry, the Secretary, to the greatest extent
practicable, shall when issuing permits use the authority
granted under subsection (c)(2)(C).
``(4) The Secretary may issue a permit only for reusable
suborbital rockets that will be launched or reentered solely
for--
``(A) research and development to test new design concepts,
new equipment, or new operating techniques;
``(B) showing compliance with requirements as part of the
process for obtaining a license under this chapter; or
``(C) crew training prior to obtaining a license for a
launch or reentry using the design of the rocket for which
the permit would be issued.
``(5) Permits issued under this subsection shall--
``(A) authorize an unlimited number of launches and
reentries for a particular suborbital rocket design for the
uses described in paragraph (4); and
``(B) specify the modifications that may be made to the
suborbital rocket without changing the design to an extent
that would invalidate the permit.
``(6) Permits shall not be transferable.
``(7) A permit may not be issued for, and a permit that has
already been issued shall cease to be valid for, a particular
design for a reusable suborbital rocket after a license has
been issued for the launch or reentry of a rocket of that
design.
``(8) No person may operate a reusable suborbital rocket
under a permit for carrying any property or human being for
compensation or hire.
``(9) For the purposes of sections 70106, 70107, 70108,
70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this
chapter--
``(A) a permit shall be considered a license;
``(B) the holder of a permit shall be considered a
licensee;
``(C) a vehicle operating under a permit shall be
considered to be licensed; and
``(D) the issuance of a permit shall be considered
licensing.
This paragraph shall not be construed to allow the transfer
of a permit.''.
(8) Section 70105(c)(1) of title 49, United States Code, as
so redesignated by paragraph (7) of this subsection, is
amended by inserting ``or permit'' after ``for a license''.
(9) Section 70105(c)(2)(B) of title 49, United States Code,
as so redesignated by paragraph (7) of this subsection, is
amended by striking ``an additional requirement'' and
inserting ``any additional requirement''.
(10) Section 70105(c)(2)(C) of title 49, United States
Code, as so redesignated by paragraph (7) of this subsection,
is amended by inserting ``or permit'' after ``for a
license''.
(11) Section 70105(c)(2)(D) of title 49, United States
Code, as so redesignated by paragraph (7) of this subsection,
is amended by inserting ``or permit'' after ``for a
license''.
(12) Section 70105(c)(3) of title 49, United States Code,
as so redesignated by paragraph (7) of this subsection, is
amended--
(A) by striking ``, including the requirement to obtain a
license,''; and
(B) by adding at the end the following: ``Nothing in this
paragraph shall be construed to allow the launch or reentry
of a launch vehicle or a reentry vehicle without a license or
permit if a human being will be on board.''.
(13) Section 70105(c) of title 49, United States Code, as
so redesignated by paragraph (7) of this subsection, is
amended by adding at the end the following new paragraphs:
``(4) The holder of a license or a permit under this
chapter may launch or reenter crew only if--
``(A) the crew has received training and has satisfied
medical or other standards specified in the license or permit
in accordance with
[[Page H839]]
regulations promulgated by the Secretary; and
``(B) the holder of the license or permit and crew have
complied with all requirements of the laws of the United
States that apply to crew.
``(5) The holder of a license or a permit under this
chapter may launch or reenter a space flight participant only
if--
``(A) in accordance with regulations promulgated by the
Secretary, the holder of the license or permit has informed
the space flight participant in writing about the risks of
the launch or reentry, including the safety record of the
launch or reentry vehicle type, and the space flight
participant has provided written informed consent to
participation in the launch or reentry; and
``(B) the holder of the license or permit and space flight
participant have complied with all requirements of the laws
of the United States related to launching or reentering a
space flight participant.''.
(14) Section 70105(d) of title 49, United States Code, as
so redesignated by paragraph (7) of this subsection, is
amended by inserting ``or permit'' after ``of a license''.
(15) Section 70106(a) of title 49, United States Code, is
amended--
(A) by inserting ``at a site used for crew training,''
after ``assemble a launch vehicle or reentry vehicle,''; and
(B) by striking ``section 70104(c)'' and inserting
``sections 70104(c) and 70105(c)(4)''.
(16) Section 70110(a)(1) of title 49, United States Code,
is amended by striking ``70105(a)'' and inserting ``70105''.
(17) Section 70112(b)(1) of title 49, United States Code,
is amended--
(A) by inserting ``crew, space flight participants,'' after
``its contractors, subcontractors,''; and
(B) by inserting ``or by space flight participants,'' after
``its own employees,''.
(18) Section 70112(b)(2) of title 49, United States Code,
is amended--
(A) by inserting ``crew, space flight participants,'' after
``transferee, contractors, subcontractors,''; and
(B) by inserting ``or by space flight participants,'' after
``its own employees,''.
(19) Section 70113(a) of title 49, United States Code, is
amended by inserting ``, but not against a space flight
participant,'' after ``subcontractor of a customer,''.
(20) Section 70113(f) of title 49, United States Code, is
amended by striking ``December 31, 2004.'' and inserting
``December 31, 2007. This section does not apply to
permits.''.
(21) Section 70115(b)(1)(D)(i) of title 49, United States
Code, is amended by inserting ``crew training site,'' after
``site of a launch vehicle or reentry vehicle,''.
(22) Section 70119 of title 49, United States Code, is
amended by striking paragraphs (1) and (2) and inserting the
following:
``(1) such sums as may be necessary for fiscal year 2005;
``(2) such sums as may be necessary for fiscal year 2006;
and
``(3) such sums as may be necessary for fiscal year
2007.''.
(23) Section 70120 of title 49, United States Code, is
amended by adding at the end the following new subsections:
``(c) Amendments.--Not later than 12 months after the date
of enactment of the Commercial Space Launch Amendments Act of
2004, the Secretary shall publish proposed regulations to
carry out that Act, including regulations relating to crew,
space flight participants, and permits for launch or reentry
of reusable suborbital rockets. Not later than 18 months
after such date of enactment, the Secretary shall issue final
regulations.
``(d) Effective Date.--(1) Licenses for the launch or
reentry of launch vehicles or reentry vehicles with human
beings on board and permits may be issued by the Secretary
prior to the issuance of the regulations described in
subsection (c).
``(2) As soon as practicable after the date of enactment of
the Commercial Space Launch Amendments Act of 2004, the
Secretary shall issue guidelines or advisory circulars to
guide the implementation of that Act until regulations are
issued.
``(3) Notwithstanding paragraphs (1) and (2), no licenses
for the launch or reentry of launch vehicles or reentry
vehicles with human beings on board or permits may be issued
starting three years after the date of enactment of the
Commercial Space Launch Amendments Act of 2004 unless the
final regulations described in subsection (c) have been
issued.''.
SEC. 4. STUDY ON THE GRADUAL ELIMINATION OF COMMERCIAL SPACE
TRANSPORTATION LIABILITY RISK SHARING REGIME.
Not later than 60 days after the date of enactment of this
Act, the Secretary of Transportation shall enter into an
appropriate arrangement with the National Academy of Public
Administration to conduct a study of how best to gradually
eliminate the liability risk sharing regime in the United
States for commercial space transportation under section
70113 of title 49, United States Code. The study shall assess
methods by which the liability risk sharing regime could be
eliminated by 2008 or as soon as possible thereafter and the
impact those methods would be likely to have on the
commercial space transportation industry. The methods
examined shall include incremental approaches.
SEC. 5. TECHNICAL AMENDMENT.
Section 102(c) of the Commercial Space Act of 1998 is
repealed.
The CHAIRMAN. No amendment to the bill shall be in order except those
printed in the designated place in the Congressional Record and pro
forma amendments for the purpose of debate. Amendments printed in the
Record may be offered only by the Member who caused it to be printed or
his designee and shall be considered read.
Are there any amendments to the bill?
Amendment No. 1 Offered by Mr. Boehlert
Mr. BOEHLERT. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Boehlert:
In section 3(c)(5), strike ``by striking'' and all that
follows through ``, and the item'' and insert ``by striking
`License applications' and inserting `Applications', and the
item''.
In section 3(c)(12), strike ``is amended'' and all that
follows through ``by adding'' and insert ``is amended by
adding''.
In section 3(c)(17)--
(1) in subparagraph (A)--
(A) strike ``crew,''; and
(B) strike ``and'';
(2) in subparagraph (B), strike ``employees,'.'' and insert
``employees'; and''; and
(3) add at the end the following new subparagraph:
(C) by adding at the end the following: ``The requirement
for space flight participants to make a reciprocal waiver of
claims with the licensee or transferee shall expire 3 years
after the first licensed launch of a launch vehicle carrying
a space flight participant.''.
In section 3(c)(18)(B), strike ``employees,'' and insert
``employees''.
In section 3(c)(19)--
(1) insert ``(1)'' after ``70113(a)''; and
(2) strike ``, but not'' and insert ``but not''.
Mr. BOEHLERT. 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. GORDON. Mr. Chairman, I rise in support of the amendment.
The gentleman from New York (Mr. Boehlert) has already described the
amendment so I will not repeat his explanation. I will simply say that
I believe our amendment makes a good bill better. It makes certain
necessary technical corrections. However, more importantly, it ensures
that employee rights will be protected in the case of an accident or
other major incident, and it provides a sunset on the bill's treatment
of the passengers of these new commercial spacecraft looking towards
the day when such flights will become relatively routine.
Mr. Chairman, I believe that our amendment is noncontroversial, and I
urge my colleagues to support it.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New York (Mr. Boehlert).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Flake
Mr. FLAKE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Flake:
In section 3(c)(22), in each of the proposed paragraphs
(1), (2), and (3), strike ``such sums as may be necessary''
and insert ``$11,776,000''.
Mr. FLAKE. Mr. Chairman, I rise today to offer an amendment to H.R.
3752. My amendment holds current funding for commercial space
activities within FAA for the next 3 years. Current language of the
bill authorizes such sums as necessary for the next 3 years. My
amendment specifies $11.8 million authorization level each year for the
next 3 years. This is the same level appropriated for 2004.
I believe that by holding funding at current levels Congress will be
able to monitor space tourism and other commercial space activities. If
demand for these activities does in fact rise over the next couple of
years, Congress will be able to revisit the issue as needed.
[[Page H840]]
In a time of large deficits this amendment will show that Congress is
getting serious about holding the line on nondefense, nonhomeland
security spending.
Mr. BOEHLERT. Mr. Chairman, will the gentleman yield?
Mr. FLAKE. I yield to the gentleman from New York.
Mr. BOEHLERT. 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. FLAKE. I thank the Chairman.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The amendment was agreed to.
The CHAIRMAN. There being no further amendments in order, under the
rule, the Committee rises.
{time} 1215
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Latham) having assumed the chair, Mr. LaTourette, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 3752) to
promote the development of the emerging commercial human spaceflight
industry, to extend the liability indemnification regime for the
commercial space transportation industry, to authorize appropriations
for the Office of the Associate Administrator for Commercial Space
Transportation, and for other purposes, pursuant to House Resolution
546, he reported the bill back to the House with sundry amendments
adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment? If not, the Chair will
put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BOEHLERT. 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.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
This will be a 15-minute vote followed by two 5-minute votes on
motions to suspend the rules.
The vote was taken by electronic device, and there were--yeas 402,
nays 1, not voting 30, as follows:
[Roll No. 39]
YEAS--402
Abercrombie
Ackerman
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Ballance
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Becerra
Bereuter
Berkley
Berman
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Clyburn
Coble
Cole
Collins
Conyers
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Cubin
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emanuel
Emerson
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Foley
Forbes
Ford
Fossella
Frank (MA)
Franks (AZ)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gephardt
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hinchey
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kildee
Kilpatrick
Kind
King (IA)
Kingston
Kirk
Kline
Knollenberg
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Majette
Maloney
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Schrock
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Vitter
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Wexler
Wicker
Wilson (NM)
Wilson (SC)
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NAYS--1
Paul
NOT VOTING--30
Aderholt
Bell
Berry
Blunt
Calvert
Culberson
Cummings
Davis (IL)
Doggett
Dooley (CA)
Engel
Gerlach
Hinojosa
Hooley (OR)
Houghton
Isakson
Kennedy (RI)
King (NY)
Kleczka
Kolbe
Kucinich
Lantos
Pence
Rodriguez
Rush
Sessions
Toomey
Weller
Whitfield
Wolf
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. LaTourette) (during the vote). There are
2 minutes remaining in this vote.
{time} 1239
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. KENNEDY of Rhode Island. Mr. Chairman, on rollcall No. 39,
passage of H.R. 3752, had I been present, I would have voted ``yea.''
____________________