[Congressional Record Volume 166, Number 213 (Wednesday, December 16, 2020)]
[House]
[Pages H7219-H7222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ONE SMALL STEP TO PROTECT HUMAN HERITAGE IN SPACE ACT

  Ms. KENDRA S. HORN of Oklahoma. Mr. Speaker, I move to suspend the 
rules and pass the bill (S. 1694) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1694

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H7220]]

  


     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, 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) 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) 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 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) 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
       (2) 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr. Babin) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Oklahoma.


                             General Leave

  Ms. KENDRA S. HORN of Oklahoma. 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 S. 1694, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Oklahoma?
  There was no objection.
  Ms. KENDRA S. HORN of Oklahoma. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise in support of S. 1694, the One Small Step to 
Protect Human Heritage in Space Act.
  First, I thank Senators Peters and Cruz for their leadership in the 
Senate on this important legislation, as well as Chairwoman Johnson and 
Ranking Member Lucas and Subcommittee on Space and Aeronautics Ranking 
Member Babin, along with myself, for introducing the companion bill in 
the House of Representatives, which we are all cosponsors of.
  Mr. Speaker, I think we can all recognize the incredible 
accomplishments of the United States and our leadership in space and 
particularly when, 51 years ago, our Nation sent Apollo 11 on its 
journey to the Moon and back, when some 650 million people tuned in to 
watch this historic first Moon landing and see astronaut Neil Armstrong 
take humankind's first step onto the lunar surface.
  Now, half a century later, the rugged boot print of Neil Armstrong's 
and Buzz Aldrin's feet and their walk on

[[Page H7221]]

the Moon remain at Tranquility Base. The first American flag to be 
planted on the Moon's surface still marks the site of their landing, as 
do the scientific hardware and other items that Armstrong and Aldrin 
left behind.
  These objects and others from the Apollo era tell the story of 
humankind's extraordinary journey to the Moon. They have historical, 
archaeological, and inspirational value, and it is up to us to work to 
protect them.
  Mr. Speaker, following the 50th anniversary of the Apollo 11 Moon 
landing, the One Small Step Act both recognizes the achievements of the 
Apollo program and takes important measures to preserve our Nation's 
human heritage in space, heritage such as the rover tracks, footprints, 
scientific experiments, and spacecraft hardware, among others, at these 
lunar landing sites.
  Now, today, as more and more actors enter the space arena, including 
other nations and commercial entities with plans to carry out lunar 
activities, and we as a nation are working our way to send humans back 
to the Moon and then on to Mars as part of our deep space exploration 
program, it is more important today than ever that we take action to 
protect the historic artifacts that memorialize our first exploration 
of the Moon and the advancements achieved by the Apollo program. The 
One Small Step Act does this by taking timely action based on guidance 
from NASA.
  In 2011, our Nation's space agency released recommendations on how to 
preserve the first lunar landing sites. Their report states that future 
visits to the Apollo landing sites ``could impose significant 
disturbance risks to these sites, thus potentially destroying 
irreplaceable historic, scientific, and educational artifacts and 
materials.''
  The act we are considering today requires action to follow this 
report's recommendations. S. 1694, the One Small Step to Protect Human 
Heritage in Space Act, directs the NASA Administrator to include in its 
contracts, grants, and agreements lunar activities carried out by, for, 
or in partnership with conditions and requirements of its 2011 
recommendations about how to protect and preserve the historic and 
scientific value of U.S. Government lunar artifacts.
  The One Small Step Act further directs the NASA Administrator to 
inform other relevant Federal agencies of the recommendations in the 
2011 NASA report.
  The bill we are considering today makes changes to the language 
originally passed by the Senate last year. It recognizes NASA's central 
role in working with partners on lunar activities and ensures they 
follow best practices regarding U.S. lunar landing site artifacts. This 
approach strikes an important balance in preserving lunar heritage 
sites, while not imposing regulatory framework.
  Further, this act builds on NASA's work through the Artemis Accords 
to establish principles and set positive examples of responsible 
behavior, including ``to preserve outer space heritage, which they 
consider to comprise historically significant human or robotic landing 
sites, artifacts, spacecraft, or other evidence of activity on 
celestial bodies in accordance with mutually developed standards and 
practices.''
  Mr. Speaker, NASA's Apollo program was an inspiration to so many 
across this country and around the world. Its lunar landing artifacts 
are of cultural, historic, archaeological, and scientific significance 
for all of humanity, beyond just the United States.
  The Senate is prepared to pick up this version of their bill as soon 
as it passes the House.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on the One Small 
Step to Protect Human Heritage in Space Act and to ensure that this 
important legislation is enacted into law.
  Mr. Speaker, before I conclude, I thank the Committee on Foreign 
Affairs for helping us to bring this bill to the floor today, and I 
reserve the balance of my time.
         House of Representatives, Committee on Science, Space, 
           and Technology,
                                Washington, DC, December 14, 2020.
     Chairman Eliot L. Engel,
     Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Chairman Eliot: I am writing to you concerning S. 
     1694, the ``One Small Step to Protect Human Heritage in Space 
     Act,'' which was referred to the Committee on Science, Space, 
     and Technology, and in addition to the Committee on Foreign 
     Affairs on July 19, 2019.
       I appreciate your willingness to work cooperatively on this 
     bill. I recognize that S. 1694 contains provisions that fall 
     within the jurisdiction of the Committee on Foreign Affairs. 
     I appreciate that your Committee will waive further 
     consideration of the bill and that this action is not a 
     waiver of future jurisdictional claims over this subject 
     matter.
       I will make sure to include our exchange of letters in the 
     Congressional Record and will support the appointment of the 
     Committee on Foreign Affairs conferees during any House-
     Senate conference. Thank you for your cooperation on this 
     legislation.
           Sincerely,

                                        Eddie Bernice Johnson,

                                 Chairwoman, Committee on Science,
     Space, and Technology.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                Washington, DC, December 14, 2020.
     Hon. Eddie Bernice Johnson,
     House Science, Space, and Technology Committee, House of 
         Representatives, Washington, DC.
       Dear Chairwoman Johnson: I am writing to you concerning S. 
     1694, One Small Step to Protect Human Heritage in Space Act. 
     I recognize that the bill contains provision that fall within 
     the jurisdiction of the Committee on Foreign Affairs.
       In an effort to work cooperatively and to expedite the 
     consideration of the bill, the Committee on Foreign Affairs 
     will waive referral of S. 1694. This, however, is not a 
     waiver of future jurisdictional claims by the Committee on 
     Foreign Affairs over this legislation or its subject matter.
       Thank you for agreeing to include our exchange of letters 
     in the Congressional Record. Additionally, I ask that you 
     support the appointment of Committee on Foreign Affairs 
     conferees during any House-Senate conference convened on this 
     legislation.
           Sincerely,
                                                   Eliot L. Engel,
                                                         Chairman.

  Mr. BABIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 1694, the One Small Step to 
Protect Human Heritage in Space Act.
  As an original cosponsor of the House companion bill, H.R. 3766, I 
certainly appreciate the importance of respecting the historic 
significance of the Apollo missions.
  Mr. Speaker, I represent Johnson Space Center, or JSC, the home of 
NASA's Mission Control and the men and women who made the Apollo 
missions possible. JSC has a long history of developing spacecraft and 
conducting missions in space.
  From the very earliest Mercury missions that put the first Americans 
in space through Gemini and Apollo missions, as well as the space 
shuttle and International Space Station era, Houston has been the 
anchor of our Nation's human spaceflight program. As NASA develops the 
next generation of human spaceflight capabilities, Houston and JSC will 
remain America's tether to deep space.
  But while it is important to recognize and respect the 
accomplishments of the past, we should not simply rest on our laurels. 
We have a lot more to do.
  Mr. Speaker, America does not look longingly in the rearview mirror 
of history. We stand on the shoulders of giants and carry the torch lit 
by those before us farther into the unknown. The bill before us 
correctly balances these two competing interests: respecting the past 
and enabling the future.
  The Outer Space Treaty, drafted at the dawn of the space age, lays 
out important principles for all spacefaring nations. It calls for 
establishing the Principle of Due Regard, which respects the activities 
of actors in space and creates a process for signatories to the treaty 
to undertake appropriate consultations before any action that would 
potentially cause harmful interference with another party to the 
treaty.
  More importantly, the treaty establishes, in its opening article, the 
overarching principle that outer space, including the Moon and other 
celestial bodies, shall be free for exploration and use by all states 
without discrimination of any kind on the basis of equality and in 
accordance with international law, and there shall be free access to 
all areas of celestial bodies.
  This bill directs NASA to continue developing recommendations and 
best practices that protect this freedom while also respecting the 
Principle of Due Regard and informing the practice of consultation 
ahead of potentially harmful interference with the Apollo landing 
artifacts. The bill also calls on

[[Page H7222]]

NASA to include these recommendations in all contracts, grants, 
cooperative agreements, and partnerships.
  The bill does not create any additional regulatory authority. 
Instead, the bill offers a carrot rather than a stick. If the private 
sector wants to leverage the vast experience and resources that NASA 
offers, they simply must abide by NASA's own internal policies.
  NASA is not a regulatory agency, and this bill does not grant any 
other agency any new power or mechanism to influence commercial space 
activities. This will allow our Nation's emerging and vibrant 
commercial space sector to continue to innovate, while also respecting 
the rich archaeological, anthropological, historical, scientific, and 
engineering accomplishments of the Apollo program.
  Mr. Speaker, I thank Ranking Member Lucas, Senator Peters, Senator 
Cruz, and Chairwoman Johnson for working with me to get this bill 
across the finish line.
  I also thank Chairwoman Kendra Horn for her leadership over the last 
2 years. Her tenure as chairwoman for the Subcommittee on Space and 
Aeronautics was marked by significant change and accomplishments for 
our Nation's space program.
  Her steady and fair treatment for all Members' interests should serve 
as a shining example to this distinguished body. She will be missed, 
and I wish her the very, very best in the future.
  Mr. Speaker, I recommend swift passage of this measure, and I yield 
back the balance of my time.

                              {time}  1615

  Ms. KENDRA S. HORN of Oklahoma. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I want to begin by first thanking Ranking Member Babin, 
as well as Chairwoman Johnson and Ranking Member Lucas and Senators 
Peters and Cruz, for their work on this.
  Particularly, I thank Ranking Member Babin. It has truly been an 
honor to be able to work with his on these issues and to do so in a 
constructive way that advances policy that is good for the United 
States, for discovery, for innovation, and for our leadership in a way 
that we can come together.
  Space is one of those areas where it is and should be bipartisan, 
where we can come together for the best interests of our Nation, to 
continue to advance discovery and to encourage innovation.
  Mr. Speaker, this bill does just that. It finds the right balance 
between preserving the heritage of the Apollo era, for a reminder of 
what we can accomplish when we come together to work, to advance 
technology, to do what has never been done before, while not placing 
too much burden on our ability to move forward into the future and 
advance that discovery.
  Our Nation's space program has long served as a source of inspiration 
and innovation and helped make sure that we, as a nation, are a leader 
in technology, innovation, and discovery.
  Mr. Speaker, I encourage swift passage of this bill. I encourage all 
of my colleagues to vote ``yea,'' and I yield back the balance of my 
time.
  Ms. JOHNSON of Texas. Mr. Speaker, I am pleased to support House 
passage of S. 1694, the ``One Small Step to Protect Human Heritage in 
Space Act.''
  I want to thank Senator Peters and Senator Cruz for initiating this 
legislation in the Senate. I also want to extend my appreciation to 
House Science Committee Ranking Member Lucas, and Space and Aeronautics 
Subcommittee Chairwoman Horn and Ranking Member Babin for joining me in 
cosponsoring the House companion bill. We all share the goal of 
protecting human heritage in space, and it is fitting that we are 
working together to seek passage of the ``One Small Step'' legislation.
  More than 50 years ago, the world watched in awe as Neil Armstrong 
and Buzz Aldrin landed on the lunar surface and became the first humans 
to set foot on another planetary body. Prior to their successful 
landing, NASA implemented a series of tests, including robotic landings 
and human in-space test programs in preparation for the Apollo human 
landings. The culmination of those precursor efforts resulted in the 
safe and successful Apollo 11 lunar landing, a moment that changed the 
course of humanity.
  Apollo human landing missions explored a total of 6 sites on the 
Moon, leaving indicators of human presence, including rover tracks, 
footprints, and scientific experiments and spacecraft hardware, among 
other lunar landing site artifacts. Those artifacts that remain 
imprinted in the lunar dust and on the surface of the Moon are 
cultural, historic, scientific, and archeological artifacts. The bill 
we are considering today, the ``One Small Step to Protect Human 
Heritage in Space Act,'' directs the NASA Administrator to take 
important actions toward preserving those artifacts.
  The United States led the way in lunar exploration with humans and we 
must also lead the way in setting examples and guiding responsible 
behaviors in outer space, including behaviors related to our lunar 
landing site artifacts. Congress and the American taxpayers made 
possible the United States' historic and momentous Apollo lunar 
landings by authorizing the program and investing four percent of the 
nation's federal spending at the time to successfully carry it out. It 
is incumbent upon the House of Representatives to honor these historic 
lunar artifacts and to honor America's investment and commitment to 
making the Apollo program a success. The direction in the One Small 
Step bill will put into law our commitment toward preserving America's 
human heritage in space.
  Apollo remains an inspiration; it brought the world together during a 
period of unique challenges and resulted in long-lasting benefits to 
Americans. As we plan and prepare to send Americans into deep space 
once again, and as other nations and actors become increasingly capable 
of lunar activity, honoring and preserving Apollo's historic and 
cultural significance must be prioritized. In doing so, we celebrate 
American ingenuity and the awe-inspiring, humanity-changing 
achievements of which we are capable.
  In closing, I want to also extend my support of S. 2472, the ``Neil 
A. Armstrong Test Facility Act'' to honor an American hero in our space 
program. I urge my colleagues to support passage of both S. 1694, the 
``One Small Step Act'' and S. 2472, ``the Neil A. Armstrong Test 
Facility Act.''
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Oklahoma (Ms. Kendra S. Horn) that the House suspend 
the rules and pass the bill, S. 1694, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill 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.''.
  A motion to reconsider was laid on the table.

                          ____________________