Dana Rohrabacher

Mr. ROHRABACHER

Mr. ROHRABACHER. Mr. Speaker, will the gentleman yield?

Mr. ROHRABACHER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, first of all, let me congratulate someone who is spending his last day on the floor as an activist for America's space program. The gentleman from Texas (Mr. Lampson) has been a tremendous asset in our Subcommittee on Space and Aeronautics. He exemplifies the spirit of activism and the support team for our astronauts and what they have needed in order to be successful. I appreciate his support of this amendment today, knowing that we both have worked on this, along with the gentleman from Tennessee (Mr. Gordon), and it has been purely a bipartisan effort. We have had many, many hearings on this bill, and today is a culmination of his career and, I might add, it is a culmination of my career as chairman of the Subcommittee on Space and Aeronautics, as this is one of my last actions as chairman to be here before us today. The bill we speak about, H.R. 5382, the Commercial Space Launch Amendments Act of 2004, represents a long and thorough process and also a solid bipartisan effort to make commercial human space flight a reality. Earlier this year, H.R. 3752 passed this House by a vote of 402 to 1. Thus, there is nothing to any charge to suggest that there has been anything but pure, that this bill has been operating purely in the open and with open discussion and with the input from both sides of the aisle. That bill's central premise that passed by 402 to 1 was that, after being informed of the risks, that people can and should be able to decide to buy a ticket and achieve their lifelong dream of flying into space, even though they know that it is a risky proposition. The House Committee on Science has worked diligently with the Senate Committee on Commerce, Science, and Transportation to craft an even more balanced, compromised bill which is being considered today, a bill that actually has more controls and more, one might say, safety in it than the first bill did, even though the central premise still is that people have a right and, especially in a developing industry, it is important to have that type of citizen input which would give them the right to waive certain safety requirements they would not waive in time when we are dealing with advanced technology and technology that has already been commercialized. We thank the distinguished Senator from South Carolina, Mr. Hollings, for helping craft this legislation in the Senate that will ensure that this new industry grows and matures, rather than is strangled in its crib by overregulation. As chairman of the Subcommittee on Space and Aeronautics, I can think of no better way to end my tenure than to see H.R. 5382 become law. During my 8 years as chairman, I had the privilege to peer into the future to see dynamic citizen astronauts returning to and from the heavens which we can expect in the future. American entrepreneur Dennis Tito ignored the screaming agony of our own space bureaucracy to show the world that space will not be restricted simply to a chosen few. Burt Rutan's tremendous accomplishment last month caught the attention of the world and underscores the innovative and creative potential of space entrepreneurs. It is my sincere hope that H.R. 5382 will encourage a new breed of private sector astronauts to continue leading the way in pushing the boundaries of technology and safety by building and testing earth-to- space vehicles. This fine piece of legislation carries forward my goal of eliminating and reducing the possibility of some arbitrary redirection or restructuring or abandonment of promising new space endeavors for lack of an enabling regulatory regime or a bureaucracy that wants to protect industry's rights until they are dead and can no longer function. H.R. 5382 promotes development of an emerging commercial human space flight industry by putting in place a clear and balanced regulatory regime. Let me add, my colleagues are going to hear today that there is not enough regulation in here to protect the consumer, but if this bill goes down, there will be no regulation to protect the consumer. A vote of no is a vote in favor of eliminating all of the regulatory safety precautions that were put in during negotiations with the Senate. This bill is drafted as an amendment to the existing Space Commercial Launch Act to minimize disruption and confusion. The bill assigns the Secretary of Transportation jurisdiction over commercial human space flight and requires the Secretary to streamline the certification process for experimental suborbital reusable space launch vehicles. This approach will make it easier to develop new types of space launch vehicles. The bill also addresses qualifications for crew and space flight participants. I would like to thank the gentleman from New York (Chairman Boehlert), the gentleman from Tennessee (Mr. Gordon) and, as I say, the gentleman from Texas (Mr. Lampson) for this tremendous bipartisan effort that we have had, a purely open effort that has been open to any type of input all along. Until now, we have not had any objections except here at the last minute. I also want to thank the FAA, the House and Senate staff for helping develop H.R. 52382. Their hard work and dedication stands as a shining example of America's cooperative, can-do spirit. Because of the tremendous efforts of all of those involved, H.R. 5382 ensures that regulatory barriers will not hinder the growth of this emerging industry, will not force this industry to go overseas, rather than provide the jobs here and the development of technology here. This is a very worthwhile piece of legislation. To vote against it is a vote to strangle this baby in its crib. It is a vote to make sure that industry develops overseas instead of here. It is a vote for no regulation instead of reasonable regulation. I ask my colleagues on both sides of the aisle to join me in supporting this bill, H.R. 5382. Mr. Speaker, I reserve the balance of my time.

Mr. ROHRABACHER. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I believe the opposition to this bill is coming from a fundamental misunderstanding of what the bill actually is all about, and there is some argument to say that Members, that the gentleman's committee was not engaged in this bill and, thus, he is upset about that and such and, thus, you do not understand it. The fact is this bill is very clear. The staff of the Committee on Transportation and Infrastructure was always available to look at what we were doing. This was an open process. We have had negotiations on both sides of the aisle. The gentleman from Tennessee (Mr. Gordon) and the gentleman from Texas (Mr. Lampson) played important roles in developing this, as have all the Democrats on our committee. This has been a totally bipartisan effort. But, Mr. Speaker, there is a misread that we are hearing today. We are hearing that the opposition comes from the fact that, well, the FAA can already regulate. That is a total misreading of what their FAA regulations are. The FAA can only regulate in terms of the safety of people who are not on that craft, meaning the safety of the people on the ground. They cannot regulate based on the safety of people on the craft. That is what this is all about. We want to develop spacecraft that people can ride on. And if we have the bureaucrats being able to control that, it will put a stranglehold on those people trying to develop these craft. It is fundamentally different than what the FAA has now with airplanes. And, also, we have heard a total misreading of the bill again and again that there is no right in here for there to be regulation unless there has already been a fatality. That is not the case. I urge Members to vote for this legislation. Do not strangle this industry and drive these entrepreneurs offshore. Create the jobs here.

Mr. ROHRABACHER. Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Boehlert), the chairman of the full Committee on Science.

Mr. ROHRABACHER. Mr. Speaker, if I might add, because it puts the government and it puts the bureaucracy in the control of the project, rather than the designer, the entrepreneur and the scientist.

Mr. ROHRABACHER. Mr. Speaker, will the gentleman yield?

Mr. ROHRABACHER. Mr. Speaker, the bill was referred to the Committee on Science and referred to the Subcommittee on Space and Aeronautics. We have spent 2 years of hard work on this. It was common knowledge in this body that this bill was in this committee. It was referred to us officially. It even came for a vote on the floor so that between that time we could have negotiated. But let me note, before the bill passed on the floor there were two public hearings, a policy roundtable with the experts from all over the country and 6 months to negotiate.

Mr. ROHRABACHER. How much time remains, Mr. Speaker?

Mr. ROHRABACHER. Mr. Speaker, I yield myself 1\1/2\ minutes. Let us take a look at what this bill will do and what is going to happen if it is voted down. If this bill is voted down, we are told to vote this bill down because there is not enough regulation in the bill, regulatory power given to the FAA in the bill to protect the public. Well, there is protection in the bill, and there would be no protection, zero protection, if this bill goes down. Voting against this bill will also expose the Federal Government to liability for licensed launches. All of a sudden, we have a situation where it is not a question of whether or not we are going to have something a year or 2 from now, after some magical time period, after working on this 2 years, if it is just brought back next year, after a short period of time, the problems will be solved. We are going to go through a time period when we basically have zero protection, and the Federal Government will be totally exposed to liability claims. This bill will basically convince people who want to create this new industry, the space launch industry, that they should not do it in the United States of America. They will go overseas. This will strangle the industry in the cradle, as I said over and over again, and it will force these people to launch their rockets and build them overseas. I would say that this bill actually prevents the government from regulating passenger safety, and this bill will go, yes, maybe not all the way we want, but we can come back in the next few years and add what we want. But, right now, to kill this bill would be totally going in the wrong direction. Mr. Speaker, I reserve the balance of my time.

Mr. ROHRABACHER. Mr. Speaker, will the gentleman yield?

Mr. ROHRABACHER. Mr. Speaker, I yield myself 30 seconds. People who are spending $200,000 or $100,000 to go into space, they are responsible enough to make a decision as to whether or not to take the risk, rather than having the government trying to say there will be no such people, and thus that contribution, that amount of money that would be available to developing new craft will no longer be available. The rich people around the world would like to spend $100,000 or $200,000. That could help us develop new types of space craft rather than relying on the government and the taxpayer to come up with all the loot in developing new crafts. Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Lampson), a real activist on our committee and who will be sorely missed, who, I might add, has championed a space agenda much of which was incorporated into the President's own space agenda later on. He will be sorely missed.

Mr. ROHRABACHER. Mr. Speaker, will the gentleman yield?

Mr. ROHRABACHER. Mr. Speaker, if the gentleman will yield, in the paragraph right after that says ``or'' at the end of the paragraph the gentleman is reading, or contributed to an unplanned event or series of events after licensed or permitted commercial human space flight that posed a high risk concerning a serious fatality. What that means is that if there is a chance, if there is something to indicate----

Mr. ROHRABACHER. Mr. Speaker, my colleagues have been suggesting over and over again that the FAA will be restricted from any regulation unless someone has died, and I believe that is an inaccurate reading of this bill.

Mr. ROHRABACHER. Mr. Speaker, will the gentleman yield?

Mr. ROHRABACHER. I believe that the same level of that same criteria that the gentleman is talking about was in place when airplanes themselves were developing; but we would have had that same level of progress in the development of aviation. Does the gentleman not believe if we had the same level of regulation then that we have now would have just stifled all sorts of creativity at a time when people knew they were taking risks? My father, I remember when he told me he got in on a plane that flew in on a dirt road and they charged $5 to get on this plane. It was an old World War I SPAT or something. It excited him so much about being able to participate, and because of that we had a whole new industry created because of that.

Mr. ROHRABACHER. Mr. Speaker, in the legislation, the gentleman asks whether or not someone should be able to sign off, and the legislation clearly states that someone will have to sign off, knowing that, the risk that he is taking. I might also ask, the gentleman just read a section of the bill talking about when regulation would be justified. But on line 12 of the very same page that the gentleman was reading from, it suggests that they may come in even if there is a risk. There does not have to be a fatality. There just has to be a risk.

Mr. ROHRABACHER. I yield to the gentleman from Minnesota.

Mr. ROHRABACHER. Mr. Speaker, I yield myself 30 seconds. This part of the bill, actually, the House voted on a bill that did not contain as much safety regulation as this bill does, and no one on that side of the aisle opposed it then. Now, after we have included safety provisions by Mr. Hollings' consideration, now it is objected to. Let me note, if this bill goes down, there will be no safety regulations. So a vote no is a vote for no safety regulations. Mr. Speaker, I yield 4 minutes to the chairman of the full Committee on Science, the gentleman from New York (Mr. Boehlert).

Mr. ROHRABACHER. Mr. Speaker, I yield myself 1 minute to finish this point. Obviously, the gentleman is reading one paragraph, but the very next paragraph negates the criticism of the bill, and that is the very next paragraph underneath the one he is reading suggests that if there is a reason for the FAA to be concerned, if there is a flaw that can be pointed out, then it may step in to prevent a fatality or a serious accident. The question is whether the FAA and the bureaucracy should be able to control the design of a new space launch vehicle before there are any problems. Should then the space launch bureaucrats, the people who are in government, who are in public service override the entrepreneur, overside the scientist, override the experts and should they be in the pilot seat even if there is no indication that there is any problem with the design? Now I think that would strangle the baby in the crib. In fact, it would destroy this fledgling industry and send it overseas. What we are talking about is an aerospace industry that needs all the help it can get being limited from anybody paying for a flight and then sending their job overseas. That makes no sense at all. Mr. Speaker, I reserve the balance of my time.

Mr. ROHRABACHER

Mr. ROHRABACHER. Mr. Speaker, today I am introducing H.R. 5382 Commercial Space Launch Amendments Act of 2004 which contains the bulk of H.R. 3752, Commercial Space Launch Amendments Act of 2004, as passed by the House of Representatives on March 4, 2004. Portions of H.R. 3752 were incorporated into H.R. 5245, a bill to extend the liability indemnification regime for the commercial space transportation industry which passed the House of Representatives on October 8, 2004.

Mr. ROHRABACHER

Mr. ROHRABACHER. Mr. Speaker, as chairman of the Subcommittee on Space and Aeronautics, I can think of no better way to end my tenure than to finally witness the dream of commercial human space flight becoming a reality. Burt Rutan's tremendous accomplishment this week not only proved that space is no longer the sole domain of government, but it is a testament to the innovative and creative potential of space entrepreneurs. On my watch, I've been privileged to peer into the future of dynamic citizen astronauts routinely flying to and from the heavens. I applaud the hard work and dedication of Burt Rutan and the good people behind the Ansari X-Prize. They are shining examples of the American can-do spirit at its best. Commercial space transportation is advancing on-orbit services that have so enriched our daily lives. The private sector should be encouraged to continue this successful trend. I am convinced a new generation of space entrepreneurs is ready to make their mark in contributing to low Earth orbit development, as well as returning to the Moon. In the past, prizes have played an important role by promoting progress in the development of aviation. Charles Lindbergh won the $10,000 private Orteig Prize for becoming the first man to fly solo across the Atlantic, and the U.S. government offered prizes in the 1920s and 1930s to meet its aviation needs. The X-Prize has served as a means to stimulate private manned space activities. I believe we can do more in making the President's vision for space exploration a reality by awarding cash prizes to encourage greater participation of the private sector in the national space program. Today, I am introducing legislation that will establish a National Endowment for Space and Aeronautics for the national good. The Endowment is intended to provide an exciting new incentive to private sector space entrepreneurs. Cash prizes in recognition of outstanding achievements in the scientific research and technology development are envisioned as critical to the Endowment's program. The program also is directed to receive donations and private gifts for the benefit of the Nation's aeronautics and space endeavors. The Endowment is specifically directed to award a prize for the demonstration of a reusable space flight vehicle to carry at least one person to a minimum altitude of 400 kilometers from the United States, or its territories. The spacecraft is to complete at least three complete orbits of the Earth and return safely to the Earth. The total amount of the cash prize for this demonstration is not to exceed $100,000,000. Like the pioneers before them, I'm encouraged that individuals like Burt Rutan, Mike Melvill and Brian Binnie, as well as others, will open new frontiers that will continue to benefit American's leadership role in space. The Endowment legislation is a small step in the right direction.

Mr. ROHRABACHER

Mr. ROHRABACHER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H. Res. 820.

Mr. ROHRABACHER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, there are two kind of frontiers. There are physical frontiers: uncharted land, unseen depths of oceans, unexplored space. And then there are frontiers of imagination: frontiers that require us to think a new way, to have a vision beyond what others see, to question assumptions about what is technologically possible. Today, we honor Mojave Aerospace Ventures' SpaceShipOne, the winner of the X Prize for traversing this second kind of frontier. Suborbital space is not a new destination. Brian Binnie and Mike Melvill, the pilots of SpaceShipOne, did not fly higher, farther or longer than the astronauts who came before them, yet Brian and Mike, together with SpaceShipOne designer Burt Rutan and sponsor Paul Allen, have nonetheless crossed a critical frontier. They have accepted and exceeded the X Prize Foundation's challenge, proving that commercial space transportation is viable and that space and its exploration and utilization will not be the sole arena of government, but is also open to the private sector and to private individuals and private companies. The achievement of Mojave Aerospace will no doubt spur more entrepreneurial space ventures and inspire other dreamers to become doers. Burt Rutan's design for SpaceShipOne has been said to echo that of the X-15, an experimental Cold War rocket plane like SpaceShipOne. It was launched in flight from a larger aircraft. It is not only Burt Rutan's elegant design, however, that reminds us of another time. The spirit of his team and the X Prize competition recalls the spirit of the early years of our Nation's space race. It recalls the Charles Lindbergh trans-Atlantic flight which was also the result of a prize that was offered for the first accomplishment. That accomplishment was, of course, the first nonstop trip from New York to Paris. It also reminds us of Chuck Yeager, and others like Chuck Yeager, who broke the records of the sound barrier and other records in flight. It reminds us of these other moments when these other barriers were broken and that new opportunities were created in the accomplishment. This spirit of exploration, this drive to push the limits of technology and endurance, is a signature of the American experience; that human flight into space, we now can say, is no longer the arena only of government and only the purview of companies that are directly financed by government, but now is open to private individuals and private companies and private enterprise and individual enterprise. The X Prize awakens us to this spirit with a new generation of explorers. It awakens the spirit in students who will study science and math and engineering, as well as those who have been inspired toward bold innovations in other fields. Like Melvill, Binnie and Rutan, and the Mojave Aerospace Ventures, their team, these new explorers, will inspire the dreamers and give them courage and determination to turn their dreams into reality. Today, we honor the winners of the X Prize for their victory and for completing the first privately funded, human, suborbital space flight. We also commend the X Prize Foundation and the 25 other teams who vied for the prize. We look forward to watching commercial space transportation to continue to develop, engaging new investors and engineers, scientists and pilots in the business of exploration. This X Prize concept of offering a reward for an achievement, a technological achievement, is not a time that is past. What we have seen, through this accomplishment by Mojave Aerospace, is that this may be a vehicle to achieve new goals in space, and we will be looking into this. Hopefully, it will encourage further achievements that will help the United States and all of humankind set new records and push the frontiers. Mr. Speaker, I reserve the balance of my time.

Mr. ROHRABACHER. Mr. Speaker, I yield myself such time as I may consume. I have no other requests to speak, and I have just one last thought. I believe that the investor invested $26 million in this project. We have no doubt that, if this project was just a government-funded project, that it probably would have been in the hundreds of millions of dollars. We will be looking at this X Prize concept of encouraging the private sector to try to achieve specific goals that would be worthy of such prizes and would also be very, very helpful to our whole technological efforts of our country. So we will be looking at this as a vehicle in the future, and I am looking forward to working with the gentleman from Texas (Mr. Lampson) and people on both sides of the aisle, whose goal it is to make sure that America remains the leader in space. This is a great achievement today. We congratulate all those who are involved with SpaceShipOne.