One Small Step to Protect Human Heritage in Space Act
PL 116-275 (S.1694), enacted 12/31/2020

[116th Congress Public Law 275]
[From the U.S. Government Publishing Office]



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          ONE SMALL STEP TO PROTECT HUMAN HERITAGE IN SPACE ACT

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Public Law 116-275
116th Congress

                                 An Act


 
  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. <<NOTE: Dec. 31, 2020 -  [S. 1694]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: One Small Step 
to Protect Human Heritage in Space Act. 51 USC 30301 note prec.>> 
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) <<NOTE: Neil A. Armstrong. Edwin E. Aldrin, Jr. Michael 
        Collins.>>  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) <<NOTE: Katherine Johnson. Dorothy Vaughn. Mary 
        Jackson. Christine Darden.>>  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. <<NOTE: Alan Shepard. John Glenn.>>  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.

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            (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

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        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) <<NOTE: Waiver authority. Applicability.>>  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

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            (2) <<NOTE: Deadline.>>  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.

    Approved December 31, 2020.

LEGISLATIVE HISTORY--S. 1694:
---------------------------------------------------------------------------

SENATE REPORTS: No. 116-194 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 165 (2019):
                                    July 18, considered and passed 
                                        Senate.
                                                        Vol. 166 (2020):
                                    Dec. 16, considered and passed 
                                        House, amended.
                                    Dec. 19, Senate concurred in House 
                                        amendments.

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