Congressional Record, Volume 165 Issue 121 (Thursday, July 18, 2019)

[Congressional Record Volume 165, Number 121 (Thursday, July 18, 2019)]
[Senate]
[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.

SEC. 3. LICENSING REQUIREMENTS CONCERNING PRESERVATION OF
HISTORIC LUNAR LANDING SITES.

=========================== 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.

____________________