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Reducing Regulatory Barriers and Expanding American Free Enterprise in Space Hearing Committee

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Reducing Regulatory Barriers and Expanding American Free Enterprise in Space Hearing Committee S. HRG. 115–68 REOPENING THE AMERICAN FRONTIER: REDUCING REGULATORY BARRIERS AND EXPANDING AMERICAN FREE ENTERPRISE IN SPACE HEARING BEFORE THE SUBCOMMITTEE ON SPACE, SCIENCE, AND COMPETITIVENESS OF THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION APRIL 26, 2017 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PUBLISHING OFFICE 26–600 PDF WASHINGTON : 2017 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 13:01 Sep 13, 2017 Jkt 075679 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\DOCS\26600.TXT JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION JOHN THUNE, South Dakota, Chairman ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking ROY BLUNT, Missouri MARIA CANTWELL, Washington TED CRUZ, Texas AMY KLOBUCHAR, Minnesota DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts DEAN HELLER, Nevada CORY BOOKER, New Jersey JAMES INHOFE, Oklahoma TOM UDALL, New Mexico MIKE LEE, Utah GARY PETERS, Michigan RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois CORY GARDNER, Colorado MAGGIE HASSAN, New Hampshire TODD YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada NICK ROSSI, Staff Director ADRIAN ARNAKIS, Deputy Staff Director JASON VAN BEEK, General Counsel KIM LIPSKY, Democratic Staff Director CHRIS DAY, Democratic Deputy Staff Director RENAE BLACK, Senior Counsel SUBCOMMITTEE ON SPACE, SCIENCE, AND COMPETITIVENESS TED CRUZ, Texas, Chairman EDWARD MARKEY, Massachusetts, Ranking JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii DAN SULLIVAN, Alaska TOM UDALL, New Mexico MIKE LEE, Utah GARY PETERS, Michigan RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin SHELLEY MOORE CAPITO, West Virginia MAGGIE HASSAN, New Hampshire CORY GARDNER, Colorado (II) VerDate Nov 24 2008 13:01 Sep 13, 2017 Jkt 075679 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\26600.TXT JACKIE C O N T E N T S Page Hearing held on April 26, 2017 .............................................................................. 1 Statement of Senator Cruz ..................................................................................... 1 Statement of Senator Markey ................................................................................. 3 Statement of Senator Nelson .................................................................................. 4 Letter dated April 21, 2017 to Senator Cruz, Senator Markey and Mem- bers of the Subcommittee from Michael J. Listner, Space Law & Policy Solutions ........................................................................................................ 37 Statement of Senator Udall .................................................................................... 38 Statement of Senator Peters ................................................................................... 42 WITNESSES Robert T. Bigelow, Founder and President, Bigelow Aerospace, LLC ................ 6 Prepared statement .......................................................................................... 8 Robert Meyerson, President, Blue Origin .............................................................. 11 Prepared statement .......................................................................................... 13 George Whitesides, CEO, Galactic Ventures ......................................................... 17 Prepared statement .......................................................................................... 18 Andrew Rush, CEO, Made In Space, Inc. .............................................................. 26 Prepared statement .......................................................................................... 27 APPENDIX Response to written questions submitted to Robert T. Bigelow by: Hon. Maggie Hassan ........................................................................................ 45 Response to written questions submitted to Robert Meyerson by: Hon. Bill Nelson ............................................................................................... 46 Hon. Maggie Hassan ........................................................................................ 47 Response to written questions submitted to George Whitesides by: Hon. Bill Nelson ............................................................................................... 48 Hon. Maggie Hassan ........................................................................................ 48 Response to written questions submitted to Andrew Rush by: Hon. Maggie Hassan ........................................................................................ 50 (III) VerDate Nov 24 2008 13:01 Sep 13, 2017 Jkt 075679 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\26600.TXT JACKIE VerDate Nov 24 2008 13:01 Sep 13, 2017 Jkt 075679 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\26600.TXT JACKIE REOPENING THE AMERICAN FRONTIER: REDUCING REGULATORY BARRIERS AND EXPANDING AMERICAN FREE ENTERPRISE IN SPACE WEDNESDAY, APRIL 26, 2017 U.S. SENATE, SUBCOMMITTEE ON SPACE, SCIENCE, AND COMPETITIVENESS, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. The Subcommittee met, pursuant to notice, at 10:05 a.m. in room SR–253, Russell Senate Office Building, Hon. Ted Cruz, Chairman of the Subcommittee, presiding. Present: Senators Cruz [presiding], Gardner, Nelson, Markey, Udall, Peters, and Hassan. OPENING STATEMENT OF HON. TED CRUZ, U.S. SENATOR FROM TEXAS The CHAIRMAN. This hearing will come to order. Good morning. In 1890, the Superintendent of the Census declared the end to the American frontier by stating, ‘‘Up to and including 1880, the country had a frontier of settlement, but at present, the unsettled area has been so broken into isolated bodies of settlement that there can hardly be said to be a frontier line. In the discussion of its extent, its westward movement, et cetera, it cannot, therefore, any longer have a place in the census reports.’’ The American vision of westward expansion that had been initi- ated 86 years earlier through the Lewis & Clark Expedition had been successful in leading to the expansion of American commerce and settlement in a new territory that had not previously been chartered by American pioneers. Today, this committee embarks on a series of hearings looking at reopening the American frontier with our sights set on the heav- ens, which President Kennedy referred to as the New Frontier. It is only fitting that the Nation born on the last frontier should con- tinue to lead the way in the new frontier. America must expand commerce and, ultimately, settlement into space, and we must do it first. This is an issue that not only im- pacts our global competitiveness, but also our national security. The world is much safer with America as the global leader on this planet, and the world will similarly be safer and stronger if the United States and our ideals of free enterprise and free speech are the driving force of commerce and settlement throughout the gal- axy. (1) VerDate Nov 24 2008 13:01 Sep 13, 2017 Jkt 075679 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\DOCS\26600.TXT JACKIE 2 For nearly 60 years, NASA has granted the United States access to space and has made human spaceflight a reality. In recent years, commercial space companies have made enormous strides in technological advancements and the scope of their business activi- ties that are leading to a new and dynamic renaissance in spaceflight. This is creating the real possibility that in the not too distant future, American private citizens will be able to reach space, hopefully, from a launch pad or a runway in the great state of Texas. However, to ensure that this remains within the realm of the possible, Congress needs to continue to work to ensure that invest- ment and innovation within the commercial space sector isn’t chilled by obsolete regulations or overly burdensome requirements that may not naturally apply to new business models. As we look to the future of American free enterprise and settle- ment in space, we should also thoroughly review the United Na- tions Outer Space Treaty, which was written and enacted in a very different time and era in 1967. It’s important that Congress evalu- ate how that Treaty, enacted 50 years ago, will impact new and in- novative activity within space as well as potential settlement throughout the galaxy. Finally, we would be remiss if this committee did not also ex- plore ways that the commercial space sector, academia, and NASA can look to build upon current partnerships and create new ones that can advance human spaceflight, research, and discovery. As we embark together on this series of hearings and potential legisla- tion, I look forward to continuing to work in the same strong bipar- tisan manner that this subcommittee has always worked, working with Chairman Thune, with Ranking Member Nelson, with our Subcommittee’s previous Ranking Member, Senator Peters, and, also, I want to welcome the new Ranking Member of this Sub- committee, Senator Markey. Welcome to this Subcommittee. I will say at a time of significant partisan division on a great many issues, this subcommittee has been remarkable,
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