[Congressional Record Volume 151, Number 12 (Tuesday, February 8, 2005)]
[Extensions of Remarks]
[Page E181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCING A BILL TO ENHANCE THE SAFETY OF COMMERCIAL SPACE FLIGHT

                                 ______
                                 

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                       Tuesday, February 8, 2005

  Mr. OBERSTAR. Mr. Speaker, today I have introduced a bill to enhance 
the safety of commercial space flight by ensuring that the Federal 
Aviation Administration (FAA) has the authority it needs to protect the 
safety of passengers of the emerging commercial space industry.
  Mr. Speaker, I support commercial space exploration and the 
commercial space industry, but not at the expense of totally ignoring 
safety. The Commercial Space Launch Amendments Act of 2004, P.L. 108-
492, prohibits the Secretary of Transportation from issuing safety 
design and operating regulations or even minimal safety requirements 
for individual licenses for the next eight years unless there is a 
potentially catastrophic incident.
  The current statutory language amounts to, in essence, the 
codification of what has come to be known in aviation safety parlance 
as the ``Tombstone Mentality.'' For years, both I and many of my 
colleagues on the Aviation Subcommittee have criticized the FAA for 
waiting until after a disaster to take safety actions, and have urged 
more proactive safety oversight.

  Supporters of the Commercial Space Launch Amendments Act argued that 
safety regulation would discourage experimentation and innovation. 
However, the Act went well beyond these objectives and essentially tied 
FAA's hands by totally banning any safety requirements, except in post-
accident circumstances where lives have already been lost. Under the 
Act, the FAA would be prevented from requiring even the simplest, least 
expensive enhancements to protect safety of passengers on these space 
flights.
  Mr. Speaker, my bill would amend the Commercial Space Launch 
Amendments Act to give the FAA the authority and flexibility to 
establish minimum safety regulations. My bill would not preclude 
innovation and, contrary to the claims of supporters of the Act, my 
bill would not require FAA to impose the same degree of regulation on 
the developing space travel industry that is imposed on the mature air 
transportation industry. Specifically, although my bill would require 
that FAA include, in each license it issues, minimum standards to 
protect the health and safety of crews and space flight participants, 
it would further require that, in imposing these standards, FAA must 
take into account the ``inherently risky nature of human space 
flight.'' My bill would give the FAA the flexibility to create a 
regulatory structure governing the design or operation of a launch 
vehicle to protect the health and safety of crews and space flight 
participants as is necessary, without having to wait for a catastrophic 
failure to occur.
  Mr. Speaker, safety regulation need not be incompatible with 
developing new technology. For example, although FAA has closely 
regulated aircraft manufacturing since the 1920's, this regulation has 
not prevented major technological progress, including the development 
of jet aircraft in the 1950's and all-composite general aviation 
aircraft in recent years.
  We can and should protect the safety of passengers on space flights 
in this new and emerging industry, without placing unreasonable 
limitations on industry development. I urge my colleagues to join me in 
working to pass this important legislation.

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