National Aeronautics and Space Administration Authorization Act
PL 95-401 (H.R.11401), enacted 09/30/1978

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-
tion for research and development, construction of facilities, and research and 
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 
authorized to be appropriated to the National Aeronautics and Space 
Administration to become available October 1,1978: 
(a) For "Research and development", for the following programs: 
(1) Space Shuttle, $1,443,300,000; 
(2) Space flight operations, $315,900,000; 
(3) Expendable launch vehicles, $74,000,000; 
(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 
follows: 
(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; 
Sept. 30, 1978 
[H.R. 11401] 
National 
Aeronautics and 
Space 
Administration 
Authorization 
Act, 1979. 
Research and 
development. 
Construction 
of facilities. 
92 STAT. 858 
PUBLIC LAW 95-401—SEPT. 30, 1978 
Research and 
program 
management. 
Program 
specifications. 
Notice to 
Speaker of the 
House, President 
of the Senate, 
and congressional 
committees. 
Scientific 
consultations or 
extraordinary 
expenses. 
(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; 
(c) For "Research and program management", $914,000,000, and 
such additional or supplemental amounts as may be necessary for 
increases in salary, pay, retirement, or other employee benefits author-
ized by law. 
(d) Notwithstanding the provisions of subsection 1(g), appropria-
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-
fit adequate to justify the making of that grant. None of the funds 
appropriated for "Research and development" pursuant to this Act 
may be used in accordance with this subsection for the construction 
of any major facility, the estimated cost of which, including collateral 
equipment, exceeds $250,000, unless the Administrator or his designee 
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. 
(f) Appropriations made pursuant to subsection 1(c) may be used, 
but not to exceed $25,000, for scientific consultations or extraordinary 
expenses upon the approval or authority of the Administrator and 
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 
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 
prescribed in paragraphs (1) through (14), inchisive, of subsection 
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 
to the Committee on Science and Technology of the House of 
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-
ated pursuant to subsection 1(a) hereof may be transferred to the 
"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 
sums may be obligated for expenditure or expended to construct, ex-
pand, or modify laboratories and other installations unless (A) a 
period of 30 days has passed after the Administrator or his designee 
has transmitted to the Speaker of the House of Representatives and 
to the President of the Senate and to the Committee on Science and 
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. 
Limitations. 
Construction 
cost variations. 
Report to 
congressional 
committees. 
Transfer of 
funds. 
Report to 
Speaker of 
the House, 
President of 
the Senate, 
and congressional 
committees. 
-pt. 1 
58 : QL3 
92 STAT. 860 
PUBLIC LAW 95-401—SEPT. 30, 1978 
Use of funds, 
restrictions. 
Notice to Speaker 
of the House, 
President of the 
Senate, and 
congressional 
committees. 
Research funds, 
geographical 
distribution. 
42 u s e 2459 
note. 
42 
use 
2473. 
42 
use 
2473. 
Bioengineering 
research, 
development, and 
demonstration 
programs. 
Report to 
congressional 
committees. 
42 u s e 2462 
note. 
SEC. 4. Notwithstanding any other provision of this Act— 
(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, 
unless (A) a period of 30 days has passed after the receipt by the 
Speaker of the House of Representatives and the President of the 
Senate and each such committee of notice given by the Administrator 
or his designee containing a full and complete statement of the action 
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. 
SEC. 5. It is the sense of the Congress that it is in the national inter-
est that consideration be given to geographical distribution of Federal 
research funds whenever feasible, and that the National Aeronautics 
and Space Administration should explore ways and means of distribut-
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 
added by section 15(c) of Public Law 94-413; and 
(2) by redesignating the subsection which was added by section 
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. 
"(f) The Congress declares that the general welfare of the United 
States requires that the unique competence of the National Aeronautics 
and Space Administration in science and engineering systems be 
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 (£)". 
SEC. 8. The Administrator of the National Aeronautics and Space 
Administration will report to the House Committee on Science and 
Technology and the Senate Committee on Commerce, Science, and 
Transportation no later than December 31, 1978, on the Administra-
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.