[Senate Report 116-194]
[From the U.S. Government Publishing Office]


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.
---------------------------------------------------------------------------
    \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)
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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)
---------------------------------------------------------------------------

                         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.