[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Presidential Documents]
[Pages 20381-20382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07800]



[[Page 20379]]

Vol. 85

Friday,

No. 70

April 10, 2020

Part III





The President





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Executive Order 13914--Encouraging International Support for the 
Recovery and Use of Space Resources



Memorandum of April 7, 2020--Providing Federal Support for Governors' 
Use of the National Guard To Respond to COVID-19
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  Federal Register / Vol. 85 , No. 70 / Friday, April 10, 2020 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 20381]]

                Executive Order 13914 of April 6, 2020

                
Encouraging International Support for the 
                Recovery and Use of Space Resources

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including title IV of the U.S. Commercial 
                Space Launch Competitiveness Act (Public Law 114-90), 
                it is hereby ordered as follows:

                Section 1. Policy. Space Policy Directive-1 of December 
                11, 2017 (Reinvigorating America's Human Space 
                Exploration Program), provides that commercial partners 
                will participate in an ``innovative and sustainable 
                program'' headed by the United States to ``lead the 
                return of humans to the Moon for long-term exploration 
                and utilization, followed by human missions to Mars and 
                other destinations.'' Successful long-term exploration 
                and scientific discovery of the Moon, Mars, and other 
                celestial bodies will require partnership with 
                commercial entities to recover and use resources, 
                including water and certain minerals, in outer space.

                Uncertainty regarding the right to recover and use 
                space resources, including the extension of the right 
                to commercial recovery and use of lunar resources, 
                however, has discouraged some commercial entities from 
                participating in this enterprise. Questions as to 
                whether the 1979 Agreement Governing the Activities of 
                States on the Moon and Other Celestial Bodies (the 
                ``Moon Agreement'') establishes the legal framework for 
                nation states concerning the recovery and use of space 
                resources have deepened this uncertainty, particularly 
                because the United States has neither signed nor 
                ratified the Moon Agreement. In fact, only 18 countries 
                have ratified the Moon Agreement, including just 17 of 
                the 95 Member States of the United Nations Committee on 
                the Peaceful Uses of Outer Space. Moreover, differences 
                between the Moon Agreement and the 1967 Treaty on 
                Principles Governing the Activities of States in the 
                Exploration and Use of Outer Space, Including the Moon 
                and Other Celestial Bodies--which the United States and 
                108 other countries have joined--also contribute to 
                uncertainty regarding the right to recover and use 
                space resources.

                Americans should have the right to engage in commercial 
                exploration, recovery, and use of resources in outer 
                space, consistent with applicable law. Outer space is a 
                legally and physically unique domain of human activity, 
                and the United States does not view it as a global 
                commons. Accordingly, it shall be the policy of the 
                United States to encourage international support for 
                the public and private recovery and use of resources in 
                outer space, consistent with applicable law.

                Sec. 2. The Moon Agreement. The United States is not a 
                party to the Moon Agreement. Further, the United States 
                does not consider the Moon Agreement to be an effective 
                or necessary instrument to guide nation states 
                regarding the promotion of commercial participation in 
                the long-term exploration, scientific discovery, and 
                use of the Moon, Mars, or other celestial bodies. 
                Accordingly, the Secretary of State shall object to any 
                attempt by any other state or international 
                organization to treat the Moon Agreement as reflecting 
                or otherwise expressing customary international law.

                Sec. 3. Encouraging International Support for the 
                Recovery and Use of Space Resources. The Secretary of 
                State, in consultation with the Secretary of Commerce, 
                the Secretary of Transportation, the Administrator of 
                the National Aeronautics and Space Administration, and 
                the head of any other

[[Page 20382]]

                executive department or agency the Secretary of State 
                determines to be appropriate, shall take all 
                appropriate actions to encourage international support 
                for the public and private recovery and use of 
                resources in outer space, consistent with the policy 
                set forth in section 1 of this order. In carrying out 
                this section, the Secretary of State shall seek to 
                negotiate joint statements and bilateral and 
                multilateral arrangements with foreign states regarding 
                safe and sustainable operations for the public and 
                private recovery and use of space resources.

                Sec. 4. Report on Efforts to Encourage International 
                Support for the Recovery and Use of Space Resources. No 
                later than 180 days after the date of this order, the 
                Secretary of State shall report to the President, 
                through the Chair of the National Space Council and the 
                Assistant to the President for National Security 
                Affairs, regarding activities carried out under section 
                3 of this order.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 6, 2020.

[FR Doc. 2020-07800
Filed 4-9-20; 11:15 am]
Billing code 3295-F0-P