Congressional Record—Senate S10614
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S10614 CONGRESSIONAL RECORD — SENATE October 21, 2009 The clerk will report the motion to The legislative clerk read as follows: standards and testing that have re- invoke cloture. Conference report to accompany H.R. 2647, sulted from the Columbia Accident In- The legislative clerk read as follows: a bill to authorize appropriations for fiscal vestigation Board, I would ask? Is CLOTURE MOTION year 2010 for military activities of the De- there any evidence that the cargo rock- We, the undersigned Senators, in accord- partment of Defense, to prescribe military ets, promised to execute their first ance with the provisions of rule XXII of the personnel strengths for fiscal year 2010, and servicing mission sometime in 2010, are Standing Rules of the Senate, hereby move for other purposes. better than the manned rockets that to bring to a close debate on the motion to The PRESIDING OFFICER. The Sen- have been under development for over 4 proceed to Calendar No. 178, S. 1776, the ator from Alabama is recognized. years? What do the experts say? Medicare Physician Fairness Act of 2009. Mr. SHELBY. Mr. President, I ask NASA’s own Aerospace Safety Advi- Harry Reid, Debbie Stabenow, Roland W. unanimous consent that I be allowed to Burris, Patty Murray, Mark Udall, sory Panel issued a report in April of Mark Begich, Frank R. Lautenberg, speak as in morning business for about this year that stated that ‘‘Commercial Amy Klobuchar, Jack Reed, Carl 10 minutes. Orbital Transportation Services vehi- Levin, Jeff Bingaman, Sherrod Brown, The PRESIDING OFFICER. Without cles are not proven to be appropriate to Sheldon Whitehouse, Barbara Boxer, objection, it is so ordered. transport NASA personnel.’’ Will the Kirsten E. Gillibrand, Charles E. Schu- NASA AND THE FUTURE OF HUMAN SPACE current Administrator, Mr. Bolden, mer, Jeanne Shaheen, Richard Durbin. FLIGHT who helped write these words, now con- The PRESIDING OFFICER. By unan- Mr. SHELBY. Mr. President, I would tradict his statement 6 months after imous consent, the mandatory quorum like to take the opportunity to expand putting his name to them? call has been waived. upon some of my earlier comments, Further, I would ask, what happened The question is, Is it the sense of the and those of other Members of the Sen- to the April report findings in the Au- Senate that debate on the motion to ate, in relation to NASA and the future gustine Commission recommendations? proceed to S. 1776, the Medicare Physi- of human space flight. Have there been findings since April cian Fairness Act of 2009, shall be I am concerned with aspects of the that were available to the Augustine brought to a close? Augustine Commission’s report that Commission that the Aerospace Safety The yeas and nays are required under add credibility to far-reaching options Advisory Panel was not privy to? If so, the rule. for furthering our manned space flight I would certainly look forward to re- The clerk will call the roll. program. If Congress and the public are viewing this new data. The legislative clerk called the roll. to be asked to spend more for change, The Augustine Commission states in The yeas and nays resulted—yeas 47, then it should be change that will give its own report that while human safety nays 53, as follows: us the best chance to succeed and to can never be absolutely assured, it is [Rollcall Vote No. 325 Leg.] continue to lead the world in human ‘‘not discussed in extensive detail be- YEAS—47 space exploration. cause any concepts falling short in Akaka Gillibrand Mikulski The Chairman of the Review of U.S. human safety have simply been elimi- Baucus Hagan Murray Human Space Flight Plans Committee, nated from consideration.’’ Yet we see Begich Harkin Nelson (NE) the vehicles currently deemed unsafe Bennet Inouye Pryor Norm Augustine, announced that safe- Bingaman Johnson Reed ty would be paramount. Yet, from re- for our astronauts being used in the Boxer Kaufman Reid viewing the preliminary information, Augustine Commission’s report as a Brown Kerry Rockefeller there is only one area where mission viable option to go to low Earth orbit. Burris Kirk Sanders When asked on September 15, 2009, Cantwell Klobuchar safety was examined in the report. The Schumer Cardin Landrieu about the readiness of emerging space Shaheen Augustine report contained no safety Carper Lautenberg contractors to provide manned space Specter Casey Leahy comparison for the various vehicles Stabenow considered by the panel and no risk as- flights, former NASA Administrator Dodd Levin Mike Griffin said: Durbin Lincoln Udall (CO) sessment based on each option. The Udall (NM) Feinstein Menendez only safety issue identified was an as- To confuse the expectation that one day a Franken Merkley Whitehouse commercial transport of crew will be there, sessment of how ‘‘hard’’ the panel NAYS—53 to confuse that expectation with the assump- thought each overall mission would be tion of its existence today or in the near Alexander Dorgan McCaskill to achieve—not the safest means to term I think is—is risky in the extreme. Barrasso Ensign McConnell complete the mission successfully. Bayh Enzi Murkowski Current and former NASA Adminis- Bennett Feingold Nelson (FL) Since safety is the most important trators are on record registering their Bond Graham Risch issue, these omissions are starling to doubts regarding the safety of these Brownback Grassley Roberts some of us. Bunning Gregg new commercial contractors. Sessions When making comparisons on the Companies that are new contractors Burr Hatch Shelby Byrd Hutchison safety and performance of the various Snowe within the aerospace community have Chambliss Inhofe Tester options, fundamental design dif- been provided a pathway that could po- Coburn Isakson Thune ferences cannot be lumped together Cochran Johanns tentially lead to billions in govern- Collins Kohl Vitter and considered to be equal. Without an ment funding to pursue opportunities Conrad Kyl Voinovich honest and thorough examination of to support International Space Station Warner Corker LeMieux the safety and reliability aspects of the operations, starting with cargo. I be- Cornyn Lieberman Webb Crapo Lugar Wicker various designs and options, the find- lieve the contractors wishing to pursue DeMint McCain Wyden ings of this report are worthless. I human launches to low Earth orbit The PRESIDING OFFICER. On this would like to know why this blue rib- should prove they can establish a reli- vote, the yeas are 47, the nays are 53. bon panel did not examine these safety able record of meeting the cargo and Three-fifths of the Senators duly cho- aspects. trash hauling responsibilities to sup- sen and sworn not having voted in the Constellation’s vehicles have been port the station before we turn over affirmative, the motion is rejected. planned and scrutinized by multiple the Nation’s human space flight future The Senator from Alabama is recog- stakeholders, all with a single goal in to them. nized. mind: to provide a safe and reliable Pretty slides and unproven promises human space flight system for our Na- will not show us you have the right f tion. stuff to be entrusted with the lives of NATIONAL DEFENSE AUTHORIZA- Flashy PowerPoint presentations and our astronauts. If these companies can TION ACT FOR FISCAL YEAR boisterous claims by potential com- be successful—and there is no reason to 2010—CONFERENCE REPORT—Re- mercial providers about their easy and doubt that eventually, someday, some- sumed simple science solutions to human how they will be—then NASA, the Con- Mr. SHELBY. What is the pending travel into space sound like the answer gress, and the public might be willing business? to all of our problems. What sounds too to hand over launches to low Earth The PRESIDING OFFICER. The good to be true usually is. Are these orbit. That day is not today and it will clerk will report the pending business. proposals subject to the same safety not be for years to come. VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.042 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10615 But until that day arrives, I believe sure that this provision would go for- the crimes committed against people we should follow the path that has the ward as part of the conference report, because of sexual orientation, their safest manned vehicle, the vehicle fur- and I congratulate Senate Majority gender, their gender identity or their thest along in development, and, as Leader REID for his essential role in disability, which are much needed pro- mentioned several times by the Augus- this matter. tections. In addition, the legislation tine Commission itself, the program If I might, as I look over where my will provide resources to State, local, that, given appropriate funding, will dear friend and colleague, Senator Ken- and tribal law enforcement to address successfully provide a system that can nedy, sat for decades on this floor, I hate crimes. not only go to the space station but to wish to take the opportunity to re- President Obama has worked closely the Moon and beyond. member Senator Ted Kennedy, who with us to facilitate the quick passage Mr. President, I yield the floor. provided steadfast leadership on this of this vital hate crimes legislation. In Mr. LEAHY. Mr. President, yester- issue for more than a decade. I wish he his first few months in office, he has day, the Senate majority leader was re- could have been here to see this bill, acted to ensure that Federal benefits quired to file cloture to end a Repub- about which he was so passionate, fi- are awarded more equitably, regardless lican filibuster against the Department nally get enacted.