July 18, 2019 - Issue: Vol. 165, No. 121 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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ONE SMALL STEP TO PROTECT HUMAN HERITAGE IN SPACE ACT; Congressional Record Vol. 165, No. 121
(Senate - July 18, 2019)
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[Pages S4933-S4936] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] ONE SMALL STEP TO PROTECT HUMAN HERITAGE IN SPACE ACT Mr. PETERS. Mr. President, 50 years ago, more than 650 million men, women, and children from nearly every corner of the Earth gathered around radios and televisions with wide eyes and quickly beating hearts. They gathered to witness one of the greatest triumphs of ingenuity and cooperation in human history. Scrawled across television screens were the words never seen before: ``Live from the Moon.'' I remember that moment vividly. I was 10 years old, and I was in France with my mother and my French family, my grandma and grandpa, and we huddled around a little black and white TV in my grandma's home on July 20, 1969. It was evening in France when the landing occurred. Our eyes were glued to the screen and we saw this grainy video, and there was little prickly audio broadcast of Neil Armstrong and Buzz Aldrin as they were attempting to do what no human had ever attempted to do before. Almost 2 hours after the landing, as we held our breath and saw the landing, Commander Armstrong created the first human boot print not on planet Earth. In that moment, I remember thinking that the astronauts on the Moon didn't just represent America at that moment. They also represented my family who lived in France and their excitement. They really represented everybody around the world. They were representing humanity and what is achievable when you dream big. I have come to the floor today to honor the incredible achievement of Neil Armstrong, Buzz Aldrin, and Michael Collins, as well as the 400,000 people around the world who made the Apollo 11 landing possible. Among those were NASA's now-famous ``Hidden Figures''-- African-American women pioneers--including Katherine Johnson, Mary Jackson, and Dorothy Vaughn, who were responsible for calculating trajectories to get Apollo astronauts to and from the Moon. Ultimately, this achievement was the result of the perseverance of countless individuals and, of course, the American taxpayers who, after numerous high-profile failures, including the loss of the very first Apollo crew, continued to support the Apollo Program. Over the last few months there have been celebrations of this anniversary around the world because the achievements of Apollo were achievements for humanity. Here in the Senate I was [[Page S4934]] proud to introduce legislation with Senator Ted Cruz that would establish the first of its kind of Federal protections for the Apollo landing sites. Our One Small Step to Protect Human Heritage in Space Act would permanently protect the Apollo landing sites from intentional and unintentional disruptions by future Moon missions. It would ensure that any activities destined for the Moon and licensed by the U.S. Government would have to follow NASA's preservation guidelines for the Apollo sites. In recent years, a number of countries and private companies have announced plans to send spacecraft to the Moon. For example, India just recently delayed a launch of a spacecraft that is destined for the Moon, and China has announced plans to establish a permanent presence on the Moon. Our legislation will set an example for other countries to protect these sites for their historical, archaeological, scientific, and engineering value and to help ensure that future lunar activities do not disturb these sites. I am pleased that last week we were able to pass the One Small Step to Protect Human Heritage in Space Act out of the Senate Commerce Committee, thanks to the leadership of Chairman Roger Wicker and Ranking Member Maria Cantwell and their staffs. Today I ask the Senate to take one small step in passing this legislation--a first of its kind conservation measure to honor and preserve human heritage in space. Mr. President, as if in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 152, S. 1694. The PRESIDING OFFICER. The clerk will report the bill by title. The legislative clerk read as follows: A bill (S. 1694) to require any Federal agency that issues licenses to conduct activities in outer space to include in the requirements for such licenses an agreement relating to the preservation and protection of the Apollo 11 landing site, and for other purposes. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Commerce, Science, and Transportation, with an amendment to strike all after the enacting clause and insert in lieu thereof the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``One Small Step to Protect Human Heritage in Space Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) On July 16, 1969, the Apollo 11 spacecraft launched from the John F. Kennedy Space Center carrying Neil A. Armstrong, Edwin E. ``Buzz'' Aldrin, Jr., and Michael Collins. (2) July 20, 2019, will mark the 50th anniversary of the date on which the Apollo 11 spacecraft landed on the Moon and Neil Armstrong and Buzz Aldrin became the first humans to set foot on a celestial body off the Earth. (3) The landing of the Apollo 11 spacecraft and humanity's first off-world footprints are achievements unparalleled in history, a direct product of the work and perseverance of the more than 400,000 individuals who contributed to the development of the Apollo missions on the shoulders of centuries of science and engineering pioneers from all corners of the world. (4) Among the thousands of individuals who have contributed to the achievements of the National Aeronautics and Space Administration (in this section referred to as ``NASA'') are African-American women such as Katherine Johnson, Dorothy Vaughn, Mary Jackson, and Dr. Christine Darden, who made critical contributions to NASA space programs. Katherine Johnson worked at NASA for 35 years and calculated the trajectory of the Apollo 11 landing and the trajectories for the spaceflights of astronauts Alan Shepard and John Glenn. Katherine Johnson, together with many other individuals the work of whom often went unacknowledged, helped broaden the scope of space travel and charted new frontiers for humanity's exploration of space. (5) The landing of the Apollo 11 spacecraft was made on behalf of all humankind, and Neil Armstrong and Buzz Aldrin were accompanied by messages of peace from the leaders of more than 70 countries. (6) The lunar landing sites of the Apollo 11 spacecraft, the robotic spacecraft that preceded the Apollo 11 mission, and the crewed and robotic spacecraft that followed, are of outstanding universal value to humanity. (7) Such landing sites-- (A) are the first archaeological sites with human activity that are not on Earth; (B) provide evidence of the first achievements of humankind in the realm of space travel and exploration; and (C) contain artifacts and other evidence of human exploration activities that remain a potential source of cultural, historical, archaeological, anthropological, scientific, and engineering knowledge. (8) On July 20, 2011, NASA published the voluntary guidance entitled ``NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts''. (9) In March 2018, the Office of Science and Technology Policy published a report entitled ``Protecting & Preserving Apollo Program Lunar Landing Sites & Artifacts''. (10) Space-faring entities based outside the United States have the capacity to land on the Moon. (11) The licensing requirements under this Act are applicable only to United States-based lunar activities and therefore have limited efficacy for protecting the Apollo 11 landing site, other similar historic sites, and lunar artifacts from disturbances caused by space-faring entities based outside the United States. (b) Sense of Congress.--It is the sense of Congress that-- (1) as commercial enterprises and more countries acquire the ability to land on the Moon, it is necessary to ensure the recognition and protection of the Apollo 11 landing site and other historic landing sites in acknowledgment of the human effort and innovation the sites represent; (2) the Apollo 11 landing site, other similar historic landing sites, lunar artifacts, and the environment surrounding such sites and artifacts merit legal protection from disturbance to prevent irremediable loss of sites and artifacts that are of archeological, anthropological, historical, scientific, and engineering significance and value; and SEC. 3. LICENSING REQUIREMENTS CONCERNING PRESERVATION OF HISTORIC LUNAR LANDING SITES. (a) In General.--Not later than 90 days after the date of the enactment of this Act, any Federal agency that issues a license to conduct a lunar activity shall require each applicant for such a license-- (1) to agree to abide by the recommendations described in subsection (b); or (2) in the case of a lunar activity that requires a license from more than one Federal agency, to certify under penalty of perjury as provided in paragraph (1) or (2), as applicable, of section 1746 of title 28, United States Code, that the applicant has submitted an application for a license for such activity to another Federal agency that satisfies paragraph (1). (b) Recommendations Described.--The recommendations described in this subsection are-- (1) ``NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts'' issued by the National Aeronautics and Space Administration on July 20, 2011, and updated on October 28, 2011; and (2) any successor heritage preservation recommendations, guidelines, or principles relating to the protection and preservation of Government lunar artifacts issued by the National Aeronautics and Space Administration. (c) Exemptions.--A Federal agency issuing a license described in subsection (a) may, in consultation with the Administrator of the National Aeronautics and Space Administration, exempt specific lunar activities of an applicant from the historic preservation agreement or certification under subsection (a) if such bona fide activities are determined to have legitimate and significant historical, archeological, anthropological, scientific, or engineering value. (d) Authority to Assess Penalty Fees.-- (1) In general.--A Federal agency issuing a license described in subsection (a) may assess a penalty fee on the holder of such license for conduct that violates one or more terms of the license relating to the agreement under subsection (a)(1). (2) Amount.--The penalty fee amount assessed under paragraph (1) shall be-- (A) commensurate with the nature and extent of the violation; and (B) sufficient to deter future violations. (e) Lunar Activity Defined.--In this section, the term ``lunar activity'' means an action or endeavor in space that-- (1) is intended to be lunar in nature, including lunar orbit, landing, and impact; or (2) has a greater likelihood than not of becoming lunar in nature, including unintentional orbit and impact. Mr. PETERS. Mr. President, I further ask unanimous consent that the Peters' amendment to the committee-reported substitute amendment be considered and agreed to, and the substitute, as amended, be agreed to, and the bill, as amended, be considered read a third time. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment (No. 927) was agreed to as follows: (Purpose: To modify the sense of Congress with respect to collaboration with other countries) In section 2(b), strike paragraph (3) and insert the following: (3) the President should work with other countries to develop best practices to ensure the protection of historic lunar landing sites and artifacts. The committee-reported amendment in the nature of a substitute, as amended, was agreed to. The bill was ordered to be engrossed for a third reading and was read the third time. Mr. PETERS. I know of no further debate on the bill. The PRESIDING OFFICER. Is there further debate on the bill? Hearing none, the question is, Shall the bill pass? The bill (S. 1694), as amended, was passed. [[Page S4935]] S. 1694 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 ``One Small Step to Protect Human Heritage in Space Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) On July 16, 1969, the Apollo 11 spacecraft launched from the John F. Kennedy Space Center carrying Neil A. Armstrong, Edwin E. ``Buzz'' Aldrin, Jr., and Michael Collins. (2) July 20, 2019, will mark the 50th anniversary of the date on which the Apollo 11 spacecraft landed on the Moon and Neil Armstrong and Buzz Aldrin became the first humans to set foot on a celestial body off the Earth. (3) The landing of the Apollo 11 spacecraft and humanity's first off-world footprints are achievements unparalleled in history, a direct product of the work and perseverance of the more than 400,000 individuals who contributed to the development of the Apollo missions on the shoulders of centuries of science and engineering pioneers from all corners of the world. (4) Among the thousands of individuals who have contributed to the achievements of the National Aeronautics and Space Administration (in this section referred to as ``NASA'') are African-American women such as Katherine Johnson, Dorothy Vaughn, Mary Jackson, and Dr. Christine Darden, who made critical contributions to NASA space programs. Katherine Johnson worked at NASA for 35 years and calculated the trajectory of the Apollo 11 landing and the trajectories for the spaceflights of astronauts Alan Shepard and John Glenn. Katherine Johnson, together with many other individuals the work of whom often went unacknowledged, helped broaden the scope of space travel and charted new frontiers for humanity's exploration of space. (5) The landing of the Apollo 11 spacecraft was made on behalf of all humankind, and Neil Armstrong and Buzz Aldrin were accompanied by messages of peace from the leaders of more than 70 countries. (6) The lunar landing sites of the Apollo 11 spacecraft, the robotic spacecraft that preceded the Apollo 11 mission, and the crewed and robotic spacecraft that followed, are of outstanding universal value to humanity. (7) Such landing sites-- (A) are the first archaeological sites with human activity that are not on Earth; (B) provide evidence of the first achievements of humankind in the realm of space travel and exploration; and (C) contain artifacts and other evidence of human exploration activities that remain a potential source of cultural, historical, archaeological, anthropological, scientific, and engineering knowledge. (8) On July 20, 2011, NASA published the voluntary guidance entitled ``NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts''. (9) In March 2018, the Office of Science and Technology Policy published a report entitled ``Protecting & Preserving Apollo Program Lunar Landing Sites & Artifacts''. (10) Space-faring entities based outside the United States have the capacity to land on the Moon. (11) The licensing requirements under this Act are applicable only to United States-based lunar activities and therefore have limited efficacy for protecting the Apollo 11 landing site, other similar historic sites, and lunar artifacts from disturbances caused by space-faring entities based outside the United States. (b) Sense of Congress.--It is the sense of Congress that-- (1) as commercial enterprises and more countries acquire the ability to land on the Moon, it is necessary to ensure the recognition and protection of the Apollo 11 landing site and other historic landing sites in acknowledgment of the human effort and innovation the sites represent; (2) the Apollo 11 landing site, other similar historic landing sites, lunar artifacts, and the environment surrounding such sites and artifacts merit legal protection from disturbance to prevent irremediable loss of sites and artifacts that are of archeological, anthropological, historical, scientific, and engineering significance and value; and (3) the President should work with other countries to develop best practices to ensure the protection of historic lunar landing sites and artifacts. SEC. 3. LICENSING REQUIREMENTS CONCERNING PRESERVATION OF HISTORIC LUNAR LANDING SITES. (a) In General.--Not later than 90 days after the date of the enactment of this Act, any Federal agency that issues a license to conduct a lunar activity shall require each applicant for such a license-- (1) to agree to abide by the recommendations described in subsection (b); or (2) in the case of a lunar activity that requires a license from more than one Federal agency, to certify under penalty of perjury as provided in paragraph (1) or (2), as applicable, of section 1746 of title 28, United States Code, that the applicant has submitted an application for a license for such activity to another Federal agency that satisfies paragraph (1). (b) Recommendations Described.--The recommendations described in this subsection are-- (1) ``NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts'' issued by the National Aeronautics and Space Administration on July 20, 2011, and updated on October 28, 2011; and (2) any successor heritage preservation recommendations, guidelines, or principles relating to the protection and preservation of Government lunar artifacts issued by the National Aeronautics and Space Administration. (c) Exemptions.--A Federal agency issuing a license described in subsection (a) may, in consultation with the Administrator of the National Aeronautics and Space Administration, exempt specific lunar activities of an applicant from the historic preservation agreement or certification under subsection (a) if such bona fide activities are determined to have legitimate and significant historical, archeological, anthropological, scientific, or engineering value. (d) Authority to Assess Penalty Fees.-- (1) In general.--A Federal agency issuing a license described in subsection (a) may assess a penalty fee on the holder of such license for conduct that violates one or more terms of the license relating to the agreement under subsection (a)(1). (2) Amount.--The penalty fee amount assessed under paragraph (1) shall be-- (A) commensurate with the nature and extent of the violation; and (B) sufficient to deter future violations. (e) Lunar Activity Defined.--In this section, the term ``lunar activity'' means an action or endeavor in space that-- (1) is intended to be lunar in nature, including lunar orbit, landing, and impact; or (2) has a greater likelihood than not of becoming lunar in nature, including unintentional orbit and impact. Mr. PETERS. Mr. President, I further ask that the committee-reported amendment to the title be agreed to and the motions to reconsider be considered made and laid upon the table with no intervening action or debate. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. The committee-reported title amendment in the nature of a substitute was agreed to, as follows: =========================== NOTE =========================== On page S4935, July 18, 2019, third column, the following appears: Mr. PETERS. Mr. President, I further ask that the committee-reported amendment to the title be agreed to and the motions to reconsider be considered made and laid upon the table with no intervening action or debate. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. The committee-reported title amendment in the nature of a substitute was agreed to. The bill (S. 1694), as amended, was ordered to be engrossed for a third reading and was read the third time, and passed. The committee-reported title amendment was agreed to, as follows: The online Record has been corrected to read: Mr. PETERS. Mr. President, I further ask that the committee-reported amendment to the title be agreed to and the motions to reconsider be considered made and laid upon the table with no intervening action or debate. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. The committee-reported title amendment in the nature of a substitute was agreed to, as follows: ========================= END NOTE ========================= Amend the title so as to read: ``A bill to require any Federal agency that issues licenses to conduct lunar activities to include in the requirements for such licenses an agreement relating to the preservation and protection of the Apollo 11 landing site, and for other purposes.''. Mr. PETERS. Mr. President, I want to thank my colleague Senator Cruz for helping me develop and advance this legislation. Thanks, as well, to my colleagues on the House Science Committee, Chairwoman Johnson and Ranking Members Horn, Lucas, and Babin for their leadership and support in the House of Representatives. Fifty years ago, Neil Armstrong and Buzz Aldrin left a plaque on the lunar surface. On that plaque is a map of Earth and the following words: Here men from the planet Earth first set foot upon the Moon. July 1969 A.D. We came in peace for all mankind. Our grandchildren's grandchildren should have an opportunity to observe this plaque. I thank my colleagues for taking this small step with me to ensure that the opportunity will remain for generations to come and that the spirit of Apollo--of ingenuity, of cooperation, and of peace--will inspire generations to come. Thank you. The PRESIDING OFFICER. The Senator from Texas. Mr. CRUZ. Mr. President, this week marks an extraordinary milestone in the history of humanity. Fifty years ago, on July 16, 1969, the entire world watched in awe as the Apollo 11 mission took off from Cape Canaveral. Four days later, on July 20, again the entire world held its breath as the lunar lander made its descent and as Neil Armstrong and then Buzz Aldrin both stepped onto the surface of the Moon. As Neil Armstrong famously said, ``It's one small step for man, one giant leap for mankind.'' On Saturday, 50 years will have passed since man first stepped onto the Moon. We are celebrating that as a nation, and we are celebrating that across the world--the 50 years that have passed since. We are also looking [[Page S4936]] forward, with hope and optimism, to the next 50 years of space exploration and America's continued strong leadership in space. I thank my friend Senator Peters for his leadership on this legislation that we have just passed through the Senate. It is legislation that ensures that those artifacts, those footprints, made by those historic pioneers for humanity will not be disturbed, will not be violated, will not be destroyed but, rather, that they will be preserved for future generations so that decades and centuries from now those shrines to the incredible imagination and the unstoppable potential of the human spirit will be preserved for all of history. This is a time of partisan division on many, many issues. Yet I am encouraged when it comes to space and America's leadership in space that we continually see the bipartisan cooperation of Democrats and Republicans working hand in hand. I also commend NASA, in particular, for announcing the Artemis Project. Artemis, as you know, is the twin sister to Apollo in Greek mythology, and Artemis will be the next journey to the Moon that the United States will be undertaking. I am particularly grateful that the Administrator of NASA has committed that when we, once again, land on the surface of the Moon in the coming years, among those astronauts to land on the Moon will be the first woman ever to set foot on the surface of the Moon. As the father of two young daughters, after 50 years, I say it is about time that we land a woman on the Moon. I am particularly proud that it will be an American astronaut whose boots will return to the Moon and that we will continue to make history together. This is a moment to celebrate American leadership, but this is a moment, even more fundamentally, to celebrate what mankind can do--the frontier spirit of discovery and exploration. It is a spirit that should unite us all. I yield the floor. The PRESIDING OFFICER. The Senator from Maine. Ms. COLLINS. Mr. President, I ask unanimous consent that the rollcall vote scheduled for 1:45 p.m. start at this time. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. The question is, Will the Senate advise and consent to the Tapia nomination? Ms. COLLINS. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There appears to be a sufficient second. The clerk will call the roll. The legislative clerk called the roll. Mr. THUNE. The following Senators are necessarily absent: the Senator from Georgia (Mr. Isakson) and the Senator from Kansas (Mr. Moran). Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker), the Senator from Nevada (Ms. Cortez Masto), the Senator from California (Ms. Harris), the Senator from Vermont (Mr. Sanders), the Senator from Michigan (Ms. Stabenow), and the Senator from Massachusetts (Ms. Warren) are necessarily absent. The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring to vote? The result was announced--yeas 66, nays 26, as follows: [Rollcall Vote No. 218 Ex.] YEAS--66 Alexander Barrasso Blackburn Blunt Boozman Braun Burr Capito Cardin Carper Cassidy Collins Coons Cornyn Cotton Cramer Crapo Cruz Daines Duckworth Enzi Ernst Fischer Gardner Graham Grassley Hassan Hawley Hoeven Hyde-Smith Inhofe Johnson Jones Kennedy King Lankford Leahy Lee Manchin McConnell McSally Menendez Murkowski Murphy Paul Perdue Portman Risch Roberts Romney Rosen Rounds Rubio Sasse Scott (FL) Scott (SC) Shaheen Shelby Sinema Sullivan Thune Tillis Toomey Whitehouse Wicker Young NAYS--26 Baldwin Bennet Blumenthal Brown Cantwell Casey Durbin Feinstein Gillibrand Heinrich Hirono Kaine Klobuchar Markey Merkley Murray Peters Reed Schatz Schumer Smith Tester Udall Van Hollen Warner Wyden NOT VOTING--8 Booker Cortez Masto Harris Isakson Moran Sanders Stabenow Warren The nomination was confirmed. The PRESIDING OFFICER. Under the previous order, the motion to reconsider is considered made and laid upon the table, and the President will be immediately notified of the Senate's action. The PRESIDING OFFICER. The majority leader is recognized. Mr. McCONNELL. Mr. President, I ask unanimous consent that it be in order to move to proceed to nominations reported out of the Armed Services Committee today. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. ____________________
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