[116th Congress Public Law 275]
[From the U.S. Government Publishing Office]
[[Page 3357]]
ONE SMALL STEP TO PROTECT HUMAN HERITAGE IN SPACE ACT
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Public Law 116-275
116th Congress
An Act
To require the National Aeronautics and Space Administration to add
recommendations and inform other relevant agencies of information
relating to the principle of due regard and the limitation of harmful
interference with Apollo landing site artifacts, and for other
purposes. <<NOTE: Dec. 31, 2020 - [S. 1694]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: One Small Step
to Protect Human Heritage in Space Act. 51 USC 30301 note prec.>>
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) <<NOTE: Neil A. Armstrong. Edwin E. Aldrin, Jr. Michael
Collins.>> 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, marked 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) <<NOTE: Katherine Johnson. Dorothy Vaughn. Mary
Jackson. Christine Darden.>> 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. <<NOTE: Alan Shepard. John Glenn.>> 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.
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(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) Article one of the ``Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space,
including the Moon and Other Celestial Bodies,'' commonly known
as the ``Outer Space Treaty,'' states ``[o]uter space, including
the moon and other celestial bodies, shall be free for
exploration and use by all States without discrimination of any
kind, on a basis of equality and in accordance with
international law, and there shall be free access to all areas
of celestial bodies.''
(11) Article eight of the Outer Space Treaty states, ``[a]
State Party to the Treaty on whose registry an object launched
into outer space is carried shall retain jurisdiction and
control over such object, and over any personnel thereof, while
in outer space or on a celestial body. Ownership of objects
launched into outer space, including objects landed or
constructed on a celestial body, and of their component parts,
is not affected by their presence in outer space or on a
celestial body or by their return to the Earth.''
(12) Article nine of the Outer Space Treaty states, ``[i]n
the exploration and use of outer space, including the moon and
other celestial bodies, States Parties to the Treaty shall be
guided by the principle of co-operation and mutual assistance
and shall conduct all their activities in outer space, including
the moon and other celestial bodies, with due regard to the
corresponding interests of all other States Parties to the
Treaty,'' and continues, ``[i]f a State Party to the Treaty has
reason to believe that an activity or experiment planned by it
or its nationals in outer space, including the moon and other
celestial bodies, would cause potentially harmful interference
with activities of other States Parties in the peaceful
exploration and use of outer space, including the moon and other
celestial bodies, it shall undertake appropriate international
consultations before proceeding with any such activity or
experiment. A State Party to the Treaty which has reason to
believe that an activity or experiment planned by another
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State Party in outer space, including the moon and other
celestial bodies, would cause potentially harmful interference
with activities in the peaceful exploration and use of outer
space, including the moon and other celestial bodies, may
request consultation concerning the activity or experiment.''.
(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 encourage the
development of best practices to respect the principle of due
regard and to limit harmful interference to the Apollo landing
site artifacts in acknowledgment of the human effort and
innovation they represent, as well as their archaeological,
anthropological, historical, scientific, and engineering
significance and value; and
(2) the Administrator of the National Aeronautics and Space
Administration should continue to develop best practices to
respect the principle of due regard and limit harmful
interference with historic Apollo lunar landing site artifacts.
SEC. 3. BEST PRACTICES RELATED TO APOLLO HISTORIC LUNAR LANDING
SITE ARTIFACTS.
(a) In General.--The Administrator of the National Aeronautics and
Space Administration shall--
(1) add the recommendations in subsection (b) as a condition
or requirement to contracts, grants, agreements, partnerships or
other arrangements pertaining to lunar activities carried out
by, for, or in partnership with the National Aeronautics and
Space Administration;
(2) inform other relevant Federal agencies of the
recommendations described in subsection (b); and
(3) encourage the use of best practices, consistent with the
recommendations in subsection (b), by other relevant Federal
agencies.
(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 recommendations, guidelines, best
practices, or standards relating to the principle of due regard
and the limitation of harmful interference with Apollo landing
site artifacts issued by the National Aeronautics and Space
Administration.
(c) <<NOTE: Waiver authority. Applicability.>> Exemption.--The
Administrator may waive the conditions or requirements from subsection
(a)(1) as it applies to an individual contract, grant, agreement,
partnership or other arrangement pertaining to lunar activities carried
out by, for, or in partnership with the National Aeronautics and Space
Administration so long as--
(1) such waiver is accompanied by a finding from the
Administrator that carrying out the obligation of subsection
(a)(1) would be unduly prohibitive to an activity or activities
of legitimate and significant historical, archaeological,
anthropological, scientific, or engineering value; and
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(2) <<NOTE: Deadline.>> the finding in paragraph (1) is
provided to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than 30 days
prior to the waiver taking effect.
Approved December 31, 2020.
LEGISLATIVE HISTORY--S. 1694:
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SENATE REPORTS: No. 116-194 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 165 (2019):
July 18, considered and passed
Senate.
Vol. 166 (2020):
Dec. 16, considered and passed
House, amended.
Dec. 19, Senate concurred in House
amendments.
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