[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Pages H6086-H6088]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFIRMING FULL OWNERSHIP RIGHTS TO ARTIFACTS FROM ASTRONAUTS' SPACE
MISSIONS
Mr. HALL. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4158) to confirm full ownership rights for certain United States
astronauts to artifacts from the astronauts' space missions.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4158
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITION OF ARTIFACT.
For purposes of this Act, the term ``artifact'' means, with
respect to an astronaut described in section 2(a), any
expendable item utilized in missions for the Mercury, Gemini,
or Apollo programs through the completion of the Apollo-Soyuz
Test Project not expressly required to be returned to the
National Aeronautics and Space Administration at the
completion of the mission and other expendable, disposable,
or personal-use items utilized by such astronaut during
participation in any such program. The term includes personal
logs, checklists, flight manuals, prototype and proof test
articles used in training, and disposable flight hardware
salvaged from jettisoned lunar modules. The term does not
include lunar rocks and other lunar material.
SEC. 2. FULL OWNERSHIP OF ARTIFACTS.
(a) In General.--A United States astronaut who participated
in any of the Mercury, Gemini, or Apollo programs through the
completion of the Apollo-Soyuz Test Project, who received an
artifact during his participation in any such program, shall
have full ownership of and clear title to such artifact.
(b) No Federal Government Claim.--The Federal Government
shall have no claim or right to ownership, control, or use of
any artifact in possession of an astronaut as described in
subsection (a) or any such artifact that was subsequently
transferred, sold, or assigned to a third party by an
astronaut described in subsection (a).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Hall) and the gentlewoman from Texas (Ms. Eddie Bernice
Johnson) each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. HALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 4158, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. HALL. Mr. Speaker, I yield myself such time as I may consume.
I want to begin by thanking members of the Science, Space, and
Technology Committee, Republicans and Democrats, for their bipartisan
support of this legislation. I especially want to commend my good
friends Lamar Smith and Eddie Bernice Johnson for their help and for
their early support.
H.R. 4158 would confirm full ownership rights to our Nation's first
generation of astronauts who flew during the Mercury, Gemini, and
Apollo era and who received or were allowed to retain artifacts,
mementos, and other personal equipment from their missions. H.R. 4158
covers all flights beginning in 1961 through the Apollo-Soyuz Test
Project, which flew in July of 1975.
From the first days of our manned spaceflight program through the
Apollo-Soyuz Test Project, at the conclusion of a mission NASA managers
routinely allowed astronauts to keep mementos of their flights. In some
instances, astronauts were also given certain pieces of expendable
equipment. The range of items included space suit emblems, expendable
space suits, checklists, flight manuals, and disposable flight hardware
salvaged from the jettisoned lunar landers.
A majority of these items have been in the personal possession of the
astronauts for 40 years or more. Over the last decade, NASA has begun
to challenge the astronauts' ownership of these mementos. This issue
was first brought to my attention late last year. I was surprised to
learn that NASA had, on an irregular basis, intervened several times to
claim ownership.
Early this year, NASA Administrator Bolden met with a small group of
astronauts to discuss the agency's artifacts policy. Following the
meeting, through NASA's press office, Administrator Bolden issued a
statement saying:
These are American heroes, fellow astronauts, and personal
friends who have acted in good faith, and we have committed
to work together to find the right policy.
He went on to say:
I believe there have been fundamental misunderstandings and
unclear policies regarding items from the Mercury, Gemini,
Apollo, and Skylab programs, and NASA appreciates the
position of the astronauts, museums, learning institutions,
and others who have these historic artifacts in personal and
private collections.
This bill seeks to eliminate in any further ambiguity about Apollo-
era artifacts that were received by the astronauts. It simply says that
astronauts who flew through the end of the Apollo program will be
granted full right of ownership of any artifacts received from their
missions. If we don't pass this bill, the artifacts and the astronauts
face huge financial risks arising from donations, gifts, and sales
already completed.
These men are heroes. They're great heroes. Sadly, we had to say
good-bye to one of these heroes just last week. They took extraordinary
risks to establish American preeminence in space and, by doing so,
helped our country become a world leader. I think it's a miscarriage of
justice that today NASA should seek return of these very same mementos
and keepsakes.
I reserve the balance of my time.
[From NASA News, Jan. 9, 2012]
NASA Administrator Meets With Apollo Astronauts; Agency Will Work
Cooperatively To Resolve Artifact Ownership Issues
(By David Weaver and Bob Jacobs)
Washington, DC.--The following is a statement from NASA
Administrator Charles Bolden regarding the ownership of early
space exploration mementos and artifacts:
``Earlier today, I had a good meeting with former Apollo
astronauts Jim Lovell, Gene
[[Page H6087]]
Cernan, Charlie Duke, Rusty Schweickart and other
representatives of former astronauts and agency personnel,
where we discussed how to resolve the misunderstandings and
ownership questions regarding flight mementos and other
artifacts.
``These are American heroes, fellow astronauts, and
personal friends who have acted in good faith, and we have
committed to work together to find the right policy and legal
paths forward to address outstanding ownership questions.
``I believe there have been fundamental misunderstandings
and unclear policies regarding items from the Mercury,
Gemini, Apollo and Skylab programs, and NASA appreciates the
position of the astronauts, museums, learning institutions
and others who have these historic artifacts in personal and
private collections.
``We also appreciate their patience and will explore all
policy, legislative and other legal means to resolve these
questions expeditiously and clarify ownership of these
mementos, and ensure that appropriate artifacts are preserved
and available for display to the American people.''
____
August 16, 2012.
Hon. Ralph M. Hall,
Chairman, Committee on Science, Space, and Technology, House
of Representatives, Washington, DC.
Dear Congressman Hall: The recent discourse by NASA and the
Congress regarding the disposition of artifacts carried on
U.S. space flights in the possession of U.S. astronauts has
come to my attention and resulted in a discussion between
myself and Ms. Shana Dale of your office. She requested that
I write a brief summary of the policy we utilized to deal
with the issue of personal items to be carried by the flight
crews that would later be disseminated or given as gifts to
their family, friends and or associates. This policy also
dealt with personal articles and other equipment used by the
astronauts during the flight.
It should be noted that this policy was in effect during
all of the Mercury, Gemini, Apollo and Skylab programs.
However, after the questionable behavior of the astronauts
regarding other carried articles to be sold or distributed
for financial gain on the flight of Apollo 15, the policy was
revised and more stringently administered by the NASA
management.
Donald K. Slayton, Assistant Director for Flight Crew
Operations was the principal NASA manager for implementing
this policy with the approval of the Director of the Manned
Spacecraft Center (later the Johnson Space Center) and after
Apollo 15 the concurrence of the NASA Administrator.
The enclosure summarizes the policy discussed above.
Respectfully,
Christopher C. Kraft, Jr.,
Retired Director,
NASA Johnson Space Center.
____
August 16, 2012.
A summary of the NASA policy regarding the astronauts
permission to carry personal mementos on the space vehicles
they flew and the disposition of equipment on board these
vehicles deemed by NASA to be expendable.
Starting with Project Mercury, NASA astronauts were granted
permission to carry specific mementos on the spacecraft they
flew. These items were required to be listed and approved by
the Director of Flight Crew Operations. The items had to be
within a given weight limit and submitted for proper wrapping
and storage by the pad support technicians. The astronauts
were allowed to disseminate these mementos as they so
desired.
As the space program advanced from Mercury through Apollo
the requirements for carrying mementos was altered to assure
the weight and the safety met the specific requirements of
each program. Further, the Apollo 1 accident demanded a more
stringent review of the items and their containment because
of the sensitivity of the materials involved relative to
combustibility and outgasing.
When the flights increased in orbital time and certain
personal items became expendable the astronauts were granted
permission to retain certain personal items such as shaving
equipment, underwear, thermal cooling under garments,
notebooks and even heavily used and expendable space suits.
As the complexity of the spacecraft increased, certain
items on board the vehicles had particular relevance and
meaning to the astronauts and they requested and received
permission to keep these pieces of equipment on a case by
case basis. In many cases this required a review by agencies
such as the Smithsonian Institute since they had the over all
responsibility for the U.S. of retaining the equipment that
had historical significance. Such items as hand controllers,
hand held cameras and computers were in this category.
It should be noted that in all of the space flights made,
items such as flags, plaques and so forth were carried for
use by NASA and the U.S. government. These items received a
wide distribution and in some cases were given to the
astronauts who flew the flight by request for many purposes
including gifts to NASA personnel.
Ms. EDDIE BERNICE JOHNSON of Texas. I yield myself such time as I may
consume.
I rise in support of H.R. 4158, to confirm full ownership rights for
certain United States astronauts to artifacts from the astronauts'
space missions, and I thank the leadership of Mr. Hall and all of the
cosponsors.
This is a necessary bill which will protect our iconic early
astronauts from needless harassment. This bill will ensure that any
U.S. astronaut who participated in the historic Mercury, Gemini, or the
Apollo programs will be able to keep the space artifacts which are
still in their possession from those missions.
At the time of these missions, it was accepted practice that
astronauts could keep expendable equipment like checklists and hygiene
kits as mementos of their missions. However, this was an informal
policy, and those astronauts lacked paperwork establishing ownership
over these items.
This bill will protect those astronauts from any claims made by the
Federal Government regarding any of these artifacts. Further, the bill
protects our national interest by ensuring that any lunar rocks or
other lunar material remain property of the United States.
While I do support this bill and its passage today, I would be remiss
if I didn't express my concern about a possible omission. This bill
does not cover any of the shuttle-era astronauts. The first American
woman in space and the first African American in space were both
exclusively shuttle-era astronauts, and there were many other notable
astronauts during this era.
{time} 1530
I think these astronauts are no less national heroes than the Apollo-
era astronauts and also no less deserving of that protection.
Now, I understand this is a more difficult issue since NASA has not
been able to identify when its own internal policies changed regarding
astronaut artifacts. But I do think we need to figure that out and then
address those astronauts' situation as soon as possible.
I do want to thank Mr. Hall for his leadership and for working with
all of us on this bill, and I reserve the balance of my time.
Mr. HALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Mississippi (Mr. Palazzo), the chairman of the Space and Aeronautics
Subcommittee.
Mr. PALAZZO. Mr. Speaker, I rise in strong support of H.R. 4158. This
legislation will resolve a conflict that has emerged within NASA over
the last decade regarding the ownership of artifacts from the Mercury,
Gemini, and Apollo programs. Left unresolved, as Chairman Hall pointed
out, astronauts, their families, and those to whom they transferred,
donated, or sold artifacts may not have clear title to them. If NASA
persists in its efforts to reacquire these items that were initially
received by the astronauts 40 years or more ago, significant financial
consequences could befall them.
In the 1960s, as NASA began the Mercury program, agency managers
allowed astronauts to carry a small number of mementos in their
spacecraft. As the spacecraft became larger and larger and mission
duration increased, the agency's policy evolved to allow astronauts to
retain expendable personal gear such as shaving equipment,
undergarments, notebooks, and expendable space suits.
During the lunar landing phase of the Apollo program, the policy
further changed to allow astronauts to retrieve from the lunar lander
certain pieces of hardware that would have been destroyed had it
remained in the lander.
With full knowledge and consent of program managers, the astronauts
were allowed to fly personal mementos as well as retain certain pieces
of equipment. It is incredible to me that NASA now wants to penalize
those who acted in good faith by attempting to retrieve these items.
H.R. 4158 is a necessary bill to bring closure to the debate and
uncertainty regarding ownership of a small class of space artifacts. I
urge all Members to support this legislation.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I have no further
requests for time, and I yield back the balance of my time.
Mr. HALL. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I want to thank my good friend and
Texas colleague, Science, Space and Technology Committee Chairman Ralph
Hall, for taking the lead on
[[Page H6088]]
this bill and bringing it to the floor today. My hope is that after the
House passes this bill the Senate will act quickly and send it to the
President for his signature.
The problem this bill addresses is to confirm the ownership of
mementoes the Apollo astronauts received from their journeys. I was
first contacted one year ago about this problem by my constituent,
Apollo 16 moonwalker Charlie Duke, who now lives in New Braunfels,
Texas and also chairs the Astronaut Scholarship Foundation.
The Scholarship Foundation is one of the beneficiaries from the sale
of such artifacts, and they have provided over $3 million in
scholarships to college students studying science and engineering so
they too can aspire to be astronauts.
At the end of the Apollo program, these mementoes were deemed to be
of little value, and NASA was simply going to throw many of these items
in the trash heap of history--checklists with scribbled equations and
calculations in the margins, a camera and other personal effects the
Apollo astronauts were offered to keep for themselves.
However, in the intervening 40 years, these mementoes took on a
greater historical context, just like mementoes from past wars or
famous people take on greater significance. Unfortunately, over-zealous
NASA and the Justice Department lawyers recently started filing law
suits against Apollo astronauts--our American heroes--and started
questioning their integrity.
This is wrong. And this bill clarifies the ownership of these
artifacts in the possession of our astronauts.
Chairman Hall, thank you for doing the right thing--once again--for
our astronauts.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Hall) that the House suspend the rules and
pass the bill, H.R. 4158.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________