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H.R. 11401 (95th): National Aeronautics and Space Administration Authorization Act


The text of the bill below is as of Sep 30, 1978 (Passed Congress).


PUBLIC LAW 95-401—SEPT. 30, 1978                                  92 STAT. 857

Public Law 95-401
95th Congress
                                   An Act
To authorize appropriations to the National Aeronautics and Space Administra-        Sept. 30, 1978
  tion for research and development, construction of facilities, and research and     [H.R. 11401]
  program management, and for other purposes.

  Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That there is hereby                National
authorized to be appropriated to the National Aeronautics and Space                 Aeronautics and
Administration to become available October 1,1978:                                  Space
                                                                                    Administration
  (a) For "Research and development", for the following programs:                   Authorization
        (1) Space Shuttle, $1,443,300,000;                                          Act, 1979.
        (2) Space flight operations, $315,900,000;                                  Research and
        (3) Expendable launch vehicles, $74,000,000;                                development.
        (4) Physics and astronomy, $285,500,000;
        (5) Lunar and planetary exploration, $187,100,000;
        (6) Life sciences, $42,600,000;
        (7) Space applications, $280,300,000;
        (8) Technology utilization, $12,100,000;
        (9) Aeronautical research and technology, $275,100,000;
        (10) Space research and technology, $111,300,000;
        (11) Energy technology applications, $5,000,000; and
        (12) Tracking and data acquisition, $305,400,000;
  (b) For "Construction of facilities", including land acquisition, as              Construction
follows:                                                                            of facilities.
        (1) Modification of unitary plan wind tunnel, Ames Research
     Center, $5,390,000;
        (2) Modification of 3.5-foot wind tunnel, Ames Research Cen-
     ter, $1,870,000;
        (3) Modification of 12-foot pressure wind tunnel, Ames
     Research Center, $2,510,000;
        (4) Modifications and additions for logistic and supply func-
     tions, Goddard Space Flight Center, $5,640,000;
        (5) Modifications and addition to the space flight operations
     facility. Jet Propulsion Laboratory, $3,060,000;
        (6) Modifications to various buildings for seismic protection,
     Jet Propulsion Laboratory, $1,570,000;
        (7) Modifications for utility control system, Langley Research
   • Center, $1,980,000;
        (8) Rehabilitation of unitary plan wind tunnel, Langley
      Research Center, $4,520,000;
        (9) Construction of research analysis center, Lewis Research
      Center, $6,140,000;
        (10) Large aeronautical facility; construction of national tran-
     sonic facility, Langley Research Center, $24,500,000;
        (11) Large aeronautical facility; modification of 40- by 80-foot
     isubsonic wind tunnel, Ames Research Center, $31,600,000;
        (12) Space Shuttle facilities at various locations as follows:
             (A) Modifications to launch complex 39, John F . Kennedy
           Space Center, $13,570,000;

92 STAT. 858 PUBLIC LAW 95-401—SEPT. 30, 1978 (B) Modification of manufacturing and final assembly facilities for external tanks, Michoud Assembly Facility, $13,980,000; (C) Modifications to solid rocket motor manufacturing and assembly facilities, Thiokol Plant, Wasatch, Utah, $1,920,000; (D) Minor Shuttle-unique projects, various locations, $1,600,000; (13) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $15,300,000; (14) Minor construction of new facilities and additions to exist- ing facilities at various locations, not in excess of $250,000 per project, $4,200,000; and (15) Facility planning and design not otherwise provided for, $10,650,000; Research and (c) For "Research and program management", $914,000,000, and program such additional or supplemental amounts as may be necessary for management. increases in salary, pay, retirement, or other employee benefits author- ized by law. Program (d) Notwithstanding the provisions of subsection 1(g), appropria- specifications. tions for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aero- nautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom bene- Notice to fit adequate to justify the making of that grant. None of the funds Speaker of the appropriated for "Research and development" pursuant to this Act House, President may be used in accordance with this subsection for the construction of the Senate, of any major facility, the estimated cost of which, including collateral and congressional equipment, exceeds $250,000, unless the Administrator or his designee committees. has notified the Speaker of the House of Representatives and the Presi- dent of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Sci- ence, and Transportation of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified and to the extent provided in an appropria- tion act, (1) any amount appropriated for "Research and develop- ment" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of 12 months beginning at any time during the fiscal year. Scientific (f) Appropriations made pursuant to subsection 1(c) may be used, consultations or but not to exceed $25,000, for scientific consultations or extraordinary extraordinary expenses upon the approval or authority of the Administrator and expenses. his determination shall be final and conclusive upon the accounting officers of the Government.
PUBLIC LAW 95-401—SEPT. 30, 1978 92 STAT. 859 (g) Of the funds appropriated pursuant to subsections 1(a) and Limitations. 1(c), not in excess of $25,000 for eacii project, including collateral equipment, may be used for construction of new facilities and addi- tions to existing facilities, and not in excess of $50,000 for each project, including collateral equipment, may be used for rehabilitation or modi- fication of facilities: Provided^ That of the funds appropriated pur- suant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. SEC. 2. Authorization is hereby granted whereby any of the amounts Construction prescribed in paragraphs (1) through (14), inchisive, of subsection cost variations. 1(b)- . . . , . . . . (1) in the discretion of the Administrator or his designee, may be varied upward 10 percent, or (2) following a report by the Administrator or his designee Report to to the Committee on Science and Technology of the House of congressional committees. Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the circumstances of such action, may be varied upward 25 percent, to meet unusual cost variations, but the total cost of all work author- ized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 percent of the funds appropri- Transfer of ated pursuant to subsection 1(a) hereof may be transferred to the funds. "Construction of facilities" appropriation, and. when so transferred, together Avith $10,000,000 of the funds appropriated pursuant to sub- section 1(b) hereof (other than funds appropriated pursuant to para- graph (15) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authoriza- tion act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install perma- nent or temporary public works, including land acquisition, site prepa- ration, appurtenances, utilities, and equipment. No portion of such Report to sums may be obligated for expenditure or expended to construct, ex- Speaker of pand, or modify laboratories and other installations unless (A) a the House, period of 30 days has passed after the Administrator or his designee President of has transmitted to the Speaker of the House of Representatives and the Senate, and congressional to the President of the Senate and to the Committee on Science and committees. Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. -pt. 1 58 : QL3
92 STAT. 860 PUBLIC LAW 95-401—SEPT. 30, 1978 Use of funds, SEC. 4. Notwithstanding any other provision of this Act— restrictions. (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as orig- inally made to either the House Committee on Science and Tech- nology or the Senate Committee on Commerce, Science, and Transportation, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by subsections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, Notice to Speaker unless (A) a period of 30 days has passed after the receipt by the of the House, Speaker of the House of Representatives and the President of the President of the Senate and each such committee of notice given by the Administrator Senate, and or his designee containing a full and complete statement of the action congressional committees. proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. Research funds, SEC. 5. It is the sense of the Congress that it is in the national inter- geographical est that consideration be given to geographical distribution of Federal distribution. research funds whenever feasible, and that the National Aeronautics 42 u s e 2459 and Space Administration should explore ways and means of distribut- note. ing its research and development funds whenever feasible. SEC. 6. Section 203 of the National Aeronautics and Space Act of 1958 (42U.S.C.2473) is amended— (1) by inserting " ( 1 ) " after " ( b ) " in the subsection which was 42 use 2473. added by section 15(c) of Public Law 94-413; and (2) by redesignating the subsection which was added by section 42 use 2473. 4 of Public Law 93-409 (and redesignated by section 15(c) of Public Law 94-413) as paragraph (2) of subsection (b). SEC. 7. (a) Section 102 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended (1) by redesignating subsection (f) as subsection (g) thereof; and (2) by inserting immediately after subsection (e) thereof the following new subsection. Bioengineering "(f) The Congress declares that the general welfare of the United research, States requires that the unique competence of the National Aeronautics development, and and Space Administration in science and engineering systems be demonstration programs. directed to assisting in bioengineering research, development, and demonstration programs designed to alleviate and minimize the effects of disability.". (b) The subsection of section 102 of such Act redesignated as sub- section (g) by subsection (a) of this section is amended by striking out "and (e)" and inserting in lieu thereof " (e), and (£)". Report to SEC. 8. The Administrator of the National Aeronautics and Space congressional Administration will report to the House Committee on Science and committees. Technology and the Senate Committee on Commerce, Science, and 42 u s e 2462 Transportation no later than December 31, 1978, on the Administra- note. tion policy regarding conflicts of interest, standards of conduct and financial disclosure and the implementation of that policy.
PUBLIC LAW 95-401—SEPT. 30, 1978 92 STAT. 861 SEC. 9. This Act may be cited as the "National Aeronautics and Short tide. Space Administration Authorization Act, 1979". Approved September 30, 1978. LEGISLATIVE HISTORY; HOUSE REPORTS: No. 95-973 (Comm. on Science and Technology) and No. 95-1509 (Comm. of Conference). SENATE REPORTS: No. 95-799 (Comm. on Commerce, Science, and Transportation) and No. 95-1123 (Comm. of Conference). CONGRESSIONAL RECORD, Vol 124 (1978): . Apr. 25, considered and passed House. May 18, considered and passed Senate, amended. Aug. 17, Senate agreed to conference report. Sept. 19, House agreed to conference report.