[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1694 Reported in Senate (RS)]
<DOC>
Calendar No. 152
116th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23 (legislative day, May 22), 2019
Mr. Peters (for himself, Mr. Cruz, Mr. Brown, Mr. Blumenthal, Mr.
Markey, and Mrs. Capito) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
July 16, 2019
Reported by Mr. Wicker, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``One Small Step to Protect
Human Heritage in Space Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) Such landing sites--</DELETED>
<DELETED> (A) are the first archaeological sites
with human activity that are not on Earth;</DELETED>
<DELETED> (B) provide evidence of the first
achievements of humankind in the realm of space travel
and exploration; and</DELETED>
<DELETED> (C) contain artifacts and other evidence
of human exploration activities that remain a potential
source of cultural, historical, archaeological,
anthropological, scientific, and engineering
knowledge.</DELETED>
<DELETED> (8) 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 together with all the
human effort and innovation the sites represent.</DELETED>
<DELETED> (9) 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''.</DELETED>
<DELETED> (10) In March 2018, the Office of Science and
Technology Policy published a report entitled ``Protecting &
Preserving Apollo Program Lunar Landing Sites &
Artifacts''.</DELETED>
<DELETED> (11) The Apollo 11 landing site and other similar
historic landing sites in outer space merit legal protection
from inadvertent or intentional interference with such sites or
the environment surrounding such sites in order to prevent
irremediable loss of archaeological, anthropological,
historical, scientific, and engineering significance and
value.</DELETED>
<DELETED> (12) Space-faring entities based outside the
United States have the capacity to land on the Moon.</DELETED>
<DELETED> (13) The licensing requirements under this Act are
applicable only to United States-based activities in outer
space and therefore have limited efficacy for protecting
against intentional or inadvertent disturbances of the Apollo
11 landing site and other similar historic sites from space-
faring entities based outside the United States.</DELETED>
<DELETED> (14) A binding international agreement to protect
the Apollo 11 landing site and other similar historic sites by
requiring adherence to the recommendations described in section
3(b) would be sufficient to protect against intentional or
inadvertent disturbances of the Apollo 11 landing site and
other similar historic sites.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that
the President should initiate a diplomatic initiative to negotiate an
international agreement described in subsection (a)(14).</DELETED>
<DELETED>SEC. 3. LICENSING REQUIREMENTS CONCERNING PRESERVATION OF
HISTORIC LUNAR LANDING SITES.</DELETED>
<DELETED> (a) In General.--Beginning not later than 90 days after
the date of the enactment of this Act, any Federal agency that issues a
license to conduct an activity in outer space shall require each
applicant for such a license--</DELETED>
<DELETED> (1) to agree to abide by the recommendations
described in subsection (b); or</DELETED>
<DELETED> (2) in the case of an activity that requires a
license from more than one Federal agency, to certify (as
described 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).</DELETED>
<DELETED> (b) Recommendations Described.--The recommendations
described in this subsection are--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) the updates to ``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
October 28, 2011; and</DELETED>
<DELETED> (3) 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.</DELETED>
<DELETED> (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
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.</DELETED>
<DELETED> (d) Authority To Assess Penalty Fees.--</DELETED>
<DELETED> (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 of terms of the license relating to the agreement under
subsection (a)(1).</DELETED>
<DELETED> (2) Amount.--The penalty fee amount assessed under
paragraph (1) shall be--</DELETED>
<DELETED> (A) commensurate with the nature and
extent of the violation; and</DELETED>
<DELETED> (B) sufficient to deter future
violations.</DELETED>
<DELETED> (e) Activity Defined.--In this section, the term
``activity'' means an action or endeavor in outer space that--
</DELETED>
<DELETED> (1) is intended to be lunar in nature, including
lunar orbit, landing, and impact; or</DELETED>
<DELETED> (2) has a greater likelihood than not of becoming
lunar in nature, including unintentional orbit and
impact.</DELETED>
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 initiate a diplomatic initiative
to negotiate an international agreement to protect the Apollo
11 landing site, other similar historic sites, and lunar
artifacts by requiring adherence to the recommendations
described in section 3(b), which would be sufficient to protect
against disturbances of such 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.
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.''.
Calendar No. 152
116th CONGRESS
1st Session
S. 1694
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 16, 2019
Reported with an amendment and an amendment to the title