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116th Congress } { Report
SENATE
2d Session } { 116-194
_______________________________________________________________________
ONE SMALL STEP TO PROTECT HUMAN HERITAGE IN SPACE ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
on
S. 1694
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 6, 2020.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
first session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
116th Congress } { Report
SENATE
2d Session } { 116-194
======================================================================
ONE SMALL STEP TO PROTECT HUMAN HERITAGE IN SPACE ACT
_______
January 6, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1694]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the 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, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and an amendment to
the title and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1694 is 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.
Background and Needs
On July 20, 1969, U.S. astronauts Neil Armstrong and Edwin
``Buzz'' Aldrin landed on the Moon as part of the National
Aeronautics and Space Administration's (NASA) Apollo 11
mission. During their visit to the lunar surface, the two
astronauts left equipment, science experiments, and the first
human footprints off the surface of the Earth. Five subsequent
Apollo missions successfully landed 10 more men on the lunar
surface. Aside from the historical significance, all the
landing sites provide the opportunity to learn about the impact
of long-term exposure of human-created systems in the harsh
lunar environment. Given the increasing number of entities with
plans to land spacecraft on the moon, legal protections are
required to prevent damage or disburbance of the sites and
artifacts.
Article VIII of the Outer Space Treaty establishes that
items left on the Moon remain the property of, and under
control of, the nation in which they are registered.\1\ This
provision, taken along with other articles of the treaty, can
be generally interpreted to prohibit other states or entities
from disturbing such objects without the owner's consent.
However, insistence on leaving objects untouched suggests
occupation of the site, thus violating the non-appropriation
principles of Article II. Article IX of the Outer Space Treaty
also requires all activities in outer space be conducted with
``due regard.'' This term has never been clearly defined, and
the treaty only refers to objects, not the sites themselves, or
the features on the site, like boot prints and rover tracks.
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\1\U.S. Department of State, Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space,
Including the Moon and Other Celestial Bodies. Signed January 27, 1967.
(https://2009-2017.state.gov/t/isn/5181.htm#treaty)
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In 2011, NASA released its ``Recommendations to Space-
Faring Entities: How to Protect and Preserve the Historic and
Scientific Value of U.S. Government Lunar Artifacts.''\2\
Although some entities have voluntarily agreed to follow these
recommendations, no current U.S. law explicitly provides for
the protection of such sites and artifacts. In March 2018, the
Office of Science and Technology Policy published a report
entitled ``Protecting & Preserving Apollo Program Lunar Landing
Sites & Artifacts,'' which recommended international engagement
to develop best practices for preserving historical sites and
artifacts in space.\3\
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\2\U.S. National Aeronautics and Space Administration (NASA),
NASA's Recommendations to Space-Faring Entities: How to Protect and
Preserve the Historic and Scientific Value of U.S. Government Lunar
Artifacts. Released July 20, 2011. (https://www.nasa.gov/pdf/
617743main_NASA-USG_LUNAR_HISTORIC_SITES_RevA-508.pdf)
\3\Executive Office of the President, Office of Science and
Technology Policy, Protecting & Preserving Apollo Program Lunar Landing
Sites & Artifacts. Released March 2018. (https://www.whitehouse.gov/wp-
content/uploads/2018/03/Protecting-and-Preserving-Apollo-Program-Lunar-
Landing-Sites-and-Artifacts.pdf)
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Summary of Provisions
The One Small Step to Protect Human Heritage in Space Act
establishes the sense of Congress that the Apollo 11 landing
site, other historical sites, and artifacts should be
preserved. The bill accomplishes this goal by requiring
companies seeking U.S. licenses to operate in space to agree to
avoid disturbing U.S. Government artifacts and landing sites,
including the Apollo 11 landing site, by adhering to NASA
guidance on the protection of lunar artifacts. It defines
``lunar activity'' in the context of this licensing requirement
and allows for the assessment of penalties for noncompliance.
Legislative History
S. 1694, the One Small Step to Protect Human Heritage in
Space Act, was introduced on May 23, 2019, by Senator Peters
(for himself and Senator Cruz) and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. Senators Brown, Blumenthal, Markey, and Capito are
additional cosponsors. On July 10, 2019, the Committee met in
open Executive Session and, by voice vote, ordered S. 1694
reported favorably with an amendment (in the nature of a
substititute). On July 16, 2019, the bill was reported by
Senator Wicker with an amendment (in the nature of a
substitute) and an amendment to the title. On July 18, 2019,
the bill was passed in the Senate, by voice vote, with an
amendment and an amendent to the title, and on July 19, 2019,
S. 1694 was referred to the Committees on Science, Space, and
Technology, and Foreign Affairs of the House of
Representatives.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1694 would direct federal agencies that issue licenses
to private entities for lunar activities to require applicants
to abide by National Aeronautics and Space Administration
(NASA) recommendations on protecting historical lunar landing
sites and artifacts. Although several agencies issue licenses
and permits for space-related activities--including the Federal
Aviation Administration and the National Oceanic and
Atmospheric Administration--CBO is not aware of any agency that
issues licenses specifically for lunar activities. We expect
that such licenses, if made available, would be issued
infrequently. On that basis, and considering the costs of
similar tasks, CBO estimates that any administrative costs to
implement S. 1694 would be insignificant over the 2020-2024
period; such spending would be subject to the availability of
appropriated funds.
The bill would authorize agencies to assess civil
penalties, which are recorded in the federal budget as
revenues, on license holders who violate NASA's
recommendations. However, CBO estimates that any penalties
collected under the bill would be insignificant.
The CBO staff contact for this estimate Janani Shankaran.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill requires applicants for U.S. licenses to conduct
lunar activities to agree to abide by NASA's recommendations on
the protection of U.S. Government artifacts on the lunar
surface, along with any successive guidance from NASA. The bill
grants each Federal agency responsible for issuing a license
for lunar activity the authority to impose a penalty fee
commensurate with the nature of, and extent of, any violation
that may occur. Individuals or businesses who do not apply for
U.S. licenses to conduct lunar activities would not be affected
by the provisions included in the bill, and therefore the
number of persons covered should be consistent with current
levels of individuals who apply for U.S. licenses to conduct
activities in space.
economic impact
Enactment of this legislation is not expected to have a
negative impact on the Nation's economy. Any economic impact
would be limited to individuals or businesses who violate the
terms of a license to conduct a lunar activity issued by a U.S.
Federal agency.
privacy
The reported bill is not expected to have an adverse impact
on the personal privacy of individuals.
paperwork
The Committee does not anticipate a major increase in
paperwork burdens resulting from the pasasage of this
legislation. In those areas where the bill does require limited
additional paperwork, it is aimed at preserving and protecting
areas on the lunar surface that are of historical importance to
the United States.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``One Small Step to Protect Human Heritage in Space Act''.
Section 2. Findings; Sense of Congress.
This section would set forth that it is the sense of
Congress that more public and private entities have plans to
conduct activities on or around the moon, that the Apollo 11
landing site and historical artifacts should be preserved, and
that the President should work with other space-faring nations
to ensure such preservation.
Section 3. Licensing requirements concerning preservation of historic
lunar landing sites.
This section would require that, within 90 days of
enactment, applicants for U.S. licenses to conduct activities
in space agree to abide by NASA's recommendations on the
protection of U.S. Government artifacts along with any
successive guidance from NASA.
This section also would allow agencies, in consultation
with the NASA Administrator, to issue exemptions for specific
lunar activities based on their historical, archeological,
anthropological, scientific, or engineering value.
This section would authorize agencies to assess penalty
fees on license holders who violate the terms of the license
relating to protection of lunar artifacts.
This section also would define ``lunar activity'' as used
in the bill.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
