National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993
PL 102-588 (H.R.6135), enacted 11/04/1992

PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5107 
Public Law 102-588 
102d Congress 
An Act 
To authorize appropriations to the National Aeronautics and Space Administration 
for research and development, space flight, control and data communications, 
construction of facilities, research and program management, and Inspector Gen-
eral, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 'National Aeronautics and Space 
Administration Authorization Act, Fiscsd Year 1993". 
TITLE I—AUTHORIZATION OF APPROPRIATIONS 
Nov. 4, 1992 
[H.R. 6135] 
National 
Aeronautics and 
Space 
Administration 
Authorization 
Act, Fiscal Year 
1993. 
SEC. 101. FINDINGS. 
Congress finds that— 
(1) investments in research and development are directly 
linked to long-term productivity and economic growth; 
(2) as a msgor driver of advanced technology, the space 
program can play a m£gor role in the Nation's reinvestment 
in civilian research and development; 
(3) in addition to carrying out the Nation's goals in science 
and exploration, the space program makes a significant and 
direct contribution to the national emplojrment base and, 
through the development of advanced technologies, will contrib-
ute to sustaining a healthy employment base and economy 
in the fiitvire; 
(4) the long-term health of the United States space program 
is critically dependent on maintaining a stable andcontmuously 
evolving core program of science, space transportation, space 
exploration, space technology, and space appUcations; 
(5) such a core program must be based on a realistic 
projection of resources that will be available and, in the near 
term, should not exceed inflationary growth; 
(6) in addition to carrying out a core space program, inter-
national leadership, technological advancement, and expanded 
scientific knowledge will be enhanced by an expanded space 
program based on special initiatives in science, exploration, 
space transportation, space technology, and space applications; 
(7) the Nation's space program can provide a productive 
environment for utilizing the skills of scientists and engineers 
formerly involved in the Nation's defense sector; 
(8) civil space activities of the United States, whether made 
possible by, or in response to. Cold War strategic competition 
with the Soviet Union, must, in an era of declining political 
conflict, mature as instruments of United States foreign policy, 
and grow to support the national interest during the post-
Cold War era; 
106 STAT. 5108 
PUBLIC LAW 102-588—NOV. 4, 1992 
(9) the national interest is furthered by trade and coopera-
tion among friendly nations, and to the extent the former 
Soviet republics have shown themselves willing and capable 
of fostering a friendship with the United States, the national 
interest is furthered through trade and cooperation of mutual 
advantage between the United States and the former Soviet 
republics in civil aerospace, space science, and space explo-
ration; 
(10) a vigorous and coordinated effort by the United States 
and other spacefaring nations is needed to minimize the growth 
of orbital debris, and space activities should be conducted in 
a manner that minimizes the likelihood of additional orbital 
debris creation; 
(11) the aerospace industry, rooted in aeronautics, is a 
major positive contributor to United States international influ-
ence and competitiveness; 
(12) aeronautical research and development sustains our 
leadership in air transport and military aviation worldwide; 
and 
(13) the National Aero-Space Plane is a core technology 
for any national aerospace policy and will permit the United 
States to maintain a worldwide competitive posture into the 
future. 
SEC. 102. FISCAL YEAR 1993 AUTHORIZATION OF APPROPRIATIONS. 
(a) RESEARCH AND DEVELOPMENT.—There are authorized to 
be appropriated to the National Aeronautics and Space Administra-
tion to become available October 1,1992, for '*Rese£u*ch and Develop-
ment" for the following programs: 
(1) Space Station Freedom, $2,100,000,000. 
(2) 
Space 
Transportation 
Capability 
Development, 
$733,700,000, of which $30,000,000 is authorized for the devel-
opment of the Space Transportation Main Engine. 
(3) Physics and Astronomy, $1,096,000,000, of which 
$22,000,000 is authorized for the Shuttle Test of Relativity 
Experiment. 
(4) Life Sciences, $153,700,000, of which $2,000,000 is 
authorized for cooperative life science activities on the Space 
Station Mir. None of the fimds appropriated pursuant to this 
Act shall be used for the Search for Extraterrestrial Intelligence 
(SETI). 
(5) Planetanr 
Exploration, 
$472,200,000, 
of 
which 
$10,0()0,000 is authorized for Magellan mission operations. 
(6) Earth Science and Applications, $838,500,000. 
(7) Materials Processing in Space, $155,300,000. 
(8) Cc-mmimications, $4,600,000. 
(9) Information Systems, $40,700,000, of which $8,500,000 
is authorized for the enhancement of existing visualization 
and mass storage capacity in support of earth and space science 
flight projects. 
(10) 
Space 
Science 
Research 
Operations 
Support, 
$91 000 000 
'(11) Commercial Programs, $156,600,000. 
(12) Aeronautical Research and Technology, $885,200,000, 
of which $89,900,000 is authorized for High-Speed Research. 
(13) 
TVansatmospheric 
Research 
and 
Technology, 
$45,000,000. 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5109 
(14) Space Research and Technology, $308,500,000, of 
which $5,000,000 is authorized for canying out a program 
of component technology development, validation, and dem-
onstration directed at reducing the cost and improving the 
capabilities and reliability of commercial laimch vehicles. 
(15) Space Exploration, $15,900,000. 
(16) 
Safety, 
Reliability, 
and 
Quality 
Assurance, 
$32,500,000. 
(17) Academic Programs, $71,400,000. 
(18) Tracking and Data Advanced Systems, $23,200,000. 
(b) SPACE FLIGHT, CONTROL, AND DATA COMMUNICATIONS.— 
There are authorized to be appropriated to the National Aeronautics 
and Space Administration to become available October 1, 1992, 
for "Space Flight, Control, and Data Communications" for the fol-
lowing programs: 
(1) Space Shuttle Production and Operational Capability, 
$1,315,800,000, of which $315,000,000 is authorized for the 
Advanced Solid Rocket Motor Program. 
(2) Space Transportation Enhancement, $7,000,000, for 
assessment of the mission need and cost justification of provid-
ing for the incremental improvement in the Space Shuttle 
fleet, including— 
(A) the extension of on-orbit duration; 
(6) the development of unmanned Shuttle capabilities; 
(C) the increase in lift performance; and 
(D) the enhancement 
of existent 
Shuttle 
flight 
reliability. 
(3) Space Shuttle Operations, $3,085,200,000. 
(4) Launch Services, $207,500,000. 
(5) Space and Ground Network, Communications, and Data 
Systems, $903,500,000. 
(c) CONSTRUCTION OF FACILITIES.—There are authorized to be 
appropriated to the National Aeronautics and Space Administration 
to become available October 1, 1992, for "Construction of Facilities", 
including land acquisition, as follows: 
(1) Construction of Space Station Processing Facility, Ken-
nedy Space Center, $24,000,000. 
(2) Modifications for Payload Operations, Integration Cen-
ter, Marshall Space Flight Center, $1,800,000. 
(3) Replacement of Aircraft Operations Support Facilities, 
Johnson Space Center, $1,600,000. 
(4) Modification of Electrical and Mechanical System, Util-
ity Annex, Kennedy Space Center, $4,400,000. 
(5) Rehabilitetion of Explosive Safe Area-60 High Bays 
Support System, Kennedy Space Center, $2,000,000. 
(6) Rehabilitetion of LC-39 Area Fire Alarm Reporting 
System, Kennedy Space Center, $4,300,000. 
(7) Replacement of Boiler House Components, Michoud 
Assembly Facility, $2,300,000. 
(8) Restoration of High Pressure Gas Facility, Stennis 
Space Center, $6,800,000. 
(9) Rehabilitation of Crawlerway, Kennedy Space Center, 
$2,000,000. 
(10) Rehabilitation of Information and Electronic Systems 
Laboratory, Marshall Space Flight Center, $5,000,000. 
(11) Rehabilitation and Expansion of Communications Duct 
Banks, Kennedy Space Center, $1,500,000. 
106 STAT. 5110 
PUBLIC LAW 102-588—NOV. 4, 1992 
(12) Replacement of Central Plant Chilled Water Equip-
ment, Johnson Space Center, $4,000,000. 
(13) Restoration of Underground Communications Distribu-
tion System, Stennis Space Center, $2,200,000. 
(14) Restpr^tion/Modemization of Electrical Distribution 
System, Goddard Space Flight Center, $4,500,000. 
(15) Modernization of Unitary Plan Wind Tunnel Complex, 
Ames Research Center, $8,000,000. 
(16) Modifications to 14- by 22-foot Subsonic Wind Tunnel, 
Langley Research Center, $2,200,000. 
(17) Repair and Modernization of the 12-foot Pressure Wind 
Tunnel, Ames Research Center, $21,400,000. 
(18) Rehabilitation of Icing Research Tunnel, Lewis 
Research Center, $2,700,000. 
(19) Modernization of 16-foot Transonic Tunnel, Langley 
Research Center, $3,600,000. 
(20) Rehabilitation of Central Air System, Lewis Research 
Center, $12,200,000. 
(21) Construction of 34-meter Multifrequen^ Antenna, 
Canberra, Australia, Jet Propulsion Laboratory, $15,600,000. 
(22) Construction of 34-meter Multifrequency Antenna, 
Madrid, Spain, Jet Propulsion Laboratory, $16,200,000. 
(23) Restoration and Modernization of Infrared Telescope 
Facility, Mauna Kea, Hawaii, $2,000,000. 
(24) Construction of Earth Observing System Data Informa-
tion System Facility, Goddard Space Flight Center, $22,300,000. 
(25) Construction of Advanced Solid Rocket Motor Facilities 
(various locations), $165,000,000. 
(26) Repair of facilities at various locations, not in excess 
of $1,000,000 per project, $31,900,000. 
(27) Rehabilitation and modification of facilities at various 
locations, not in excess of $1,000,000 per project, $34,000,000. 
(28) Minor construction of new facilities and ad<htions to 
existing facilities at various locations, not in excess of $750,000 
per project, $14,000,000. 
(29) Environmental Compliance and Restoration Program, 
$40,000,000. 
(30) Facility Planning and Design, $26,700,000. 
Notwithstanding paragraphs (1) through (30), the total amount 
authorized to be appropriated under this subsection shall not exceed 
$479,200,000. 
(d) RESEARCH AND PROGRAM MANAGEMENT.^There are author-
ized to be appropriated to the National Aeronautics and Space 
Administration to become available October 1, 1992, for "Research 
and Program Management" $1,654,000,000. 
(e) INSPECTOR GENERAL.—^There are authorized to be appro-
priated to the National Aeronautics and Space Administration to 
become available October 1, 1992, for "Inspector General" 
$15,900,000. 
(f) REPORTS ON NEW LAUNCH SYSTEM AND EXPENDABLE LAUNCH 
VEHICLES.—<1) Within 180 days after the date of enactment of 
this Act, the Administrator of the National Aeronautics and Space 
Administration (hereinafter referred to as the "Administrator") shall 
submit to Congress a report setting forth requirements for a New 
Launch System, including— 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5111 
(A) a comparison of the New Launch System to existing 
launch systems in terms of cost, operability, safety, resilience 
and robustness, and ability to compete in the world launch 
market; 
(B) a cost/benefits analysis and 10-year life c^cle cost esti-
mate of the New Launch System, including development costs 
to be borne by each participating agency, and expected operat-
ing costs; 
(C) a payload traffic model, including commercial and both 
civil government and military payloads in production as of 
the date of enactment of this Act, those approved by Congress 
as of the date of enactment of this Act, and those expected 
to be requested of Congress; 
(D) a technology development plan, including— 
(i) a summary of high-risk technologies that will lower 
life-cycle costs; 
(ii) specific benchmarks which can validate the achieve-
ment of such technological goals at discrete programmatic 
milestones during the development phase of the program; 
and 
(iii) an indication of how the accomplishment of techno-
logical milestones will relate to the achievement of overall 
system performance during the operational phase; 
(E) an implementation plan describing how the New 
Laimch System will be phased into operational usage at the 
National Launch Ranges and the overlap with existing systems 
at those Ranges; and 
(F) a detailed comparison, including specific cost, payload, 
and risk assessments, of the New Launch System to other 
potential laimch technologies, whose services could be procured 
in a commercial manner by the National Aeronautics and Space 
Administration. 
(2) Within 180 days afi«r the date of enactment of this Act, 
the Administrator shall submit to Congress a report on possible 
steps to improve the efiSciency and availability of United States 
expendable launch vehicles, including Scout, Delta, Atlas, and 
Titan, through modernization of facilities, infirastructure improve-
ments, improved management, new or modified procediu^s, and 
otherwise. 
(g) EARTH OBSERVING SYSTEM.—(1) The Administrator shall 42 use 2451 
carry out an Earth Observing System program that addresses the ^°^-
highest priority international climate change research goals as 
defined by the Committee on Earth and Environmental Sciences 
£ind the Intergovernmental Panel on Climate Change. 
(2XA) Within 180 days afber the date of enactment of this 
Act, the Administrator shall submit to Congress a plan which 
will ensure that the highest priority measiirements are maintained 
on schedule to the greatest extent practicable while lower priority 
measurements are deferred, deleted, or obtained through other 
means. 
(B) Within 90 days after the date of enactment of this Act, 
the Core System of the Earth Observing System Data and Informa-
tion System, the Administrator shall submit to Congress a Develop-
ment Plan which— 
(i) identifies the highest risk elements of the development 
effort and the key advanced technologies required to signifi-
cantly increase scientific productivity; 
106 STAT. 5112 
PUBLIC LAW 102-588—NOV. 4, 1992 
(ii) provides a plan for the development of one or more 
-
^ 
prototype systems tor use in reducing the development risk 
of critical system elements and obtaining feedback for scientific 
users; 
(iii) provides a plan for research into key advanced tech-
nolo^es; 
(iv) identifies sufficient resources for carrying out the 
Development Plan; and 
(v) identifies how the Earth Observing System Data 
Information System will connect to and utiUze other federally-
supported research networks, including the National Research 
and Education Network. 
(h) REPORT ON SPACE TRANSPORTATION ENHANCEMENT.—By 
September 30, 1993, the Administrator shall submit to Congress 
a mil report outlining the specific actions recommended imder sub-
section (bX2). 
TITLE n—GENERAL PROVISIONS 
SEC. 201. USE OF FUNDS FOR CERTAIN ITEMS AND GRANTS. 
(a) AUTHORIZED USES.—Appropriations authorized iinder this 
Act for "Research and Development" £uid "Space Flight, Control, 
and Data Commimications" may be used for— 
(1) any items of a capital nature (other than acquisition 
of land) which may be required at locations other than installa-
tions of the National Aeronautics and Space Administration 
for the performance of research and development contracts; 
and 
(2) 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 faciUties. 
(b) VESTING OF TITLE; GRANT CONDITIONS.—Title to facilities 
described in subsection (aX2) shall be vested in the United States 
unless the Administrator determines that the national program 
of aeronautical and space activities will best be served by vesting 
title in the grantee institution or organization. Each grant imder 
subsection (aX2) shall be made under such conditions as the 
Administrator shcdl determine to be required to ensure that the 
United States will receive therefi'om benefits adeqiiate to justify 
the making of that grant. 
(c) LIMITATION.—^None of the fimds appropriated for "Research 
and Development" and "Space Flight, Control, and Data Commu-
nications" pursusint to this Act may be used in accordance with 
this section for the construction of any facility, the estimated cost 
of which, including collateral equipment, exceeds $750,000 unless 
the Administrator has notified the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Science, Space, ana Technology of the House of Representatives 
of the nature, location, and estimated cost of such facility. 
42 use 2459a. 
SEC. 202. AVAILABILITY OF APPROPRIATED AMOUNTS. 
Appropriations authorized under this Act for "Research and 
Development", for "Space Flight, Control, and Data Communica-
tions", or for "Construction of Facilities" may remain available 
until expended. Contracts mcr^ be entered into imder "Inspector 
General and "Research and Program Management" for training. 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5113 
investigations, and costs associated with personnel relocation and 
for other services provided during the fiscal year following the 
fiscal year in which funds are appropriated. 
SEC. 203. LmiTED USE OF FUNDS. 
(a) USE FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
EXPENSES.—Appropriations authorized under this Act for 'llesearch 
and Development" may he used, hut not to exceed $35,000, for 
scientific consultations or extraordinary expenses upon the approval 
or authority of the Administrator, and the Administrator's deter-
mination shall be final and conclusive upon the accounting officers 
of the Government. 
(b) USE FOR FACILITIES.—(1) Appropriations authorized under 
this Act for "Research and Development" and "Space Flight, Control, 
and Data Commimications" may be used for the construction of 
new facilities and additions to, repair of, rehabilitation of, or modi-
fication of existing facilities, except that the cost of each such 
project, including collateral equipment, shall not exceed $200,000. 
(2) Appropriations authorized under this Act for "Research and 
Development" and "Space Flight, Control, and Data Communica-
tions" may be used for unforeseen programmatic facility project 
needs, except that the cost of each such project, including collateral 
equipment, shall not exceed $750,000. 
(3) Appropriations authorized under this Act for "Research and 
Development" may be used for repair, rehabilitation, or modification 
of facilities controlled by the General Services Administration, 
except that the cost of each project, including collateral equipment, 
shall not exceed $500,000. 
SEC. 204. REPROGRAMMING FOR TRANSATMOSPHERIC RESEARCH 
AND TECHNOLOGY. 
The Administrator may reprogram up to $45,000,000 of the 
amount authorized for "Research and Development" for fiscal year 
1993 to use for the purposes described in section 102(aX13). No 
such fiinds may be obUgated until a period of 30 days has passed 
after 
the Administrator has notified 
the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives of such reprogramming. 
SEC. 206. REPROGRAMMING FOR CONSTRUCTION OF FACHJTIES. 
Appropriations authorized under this Act for "Construction of 
Facilities"— 
(1) in the discretion of the Administrator or the Administra-
tor's designee, may be varied upward by 10 percent; or 
(2) following a report by the Administrator or the Adminis-
trator's designee to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives on 
the circimistances of such action, may be varied upward by 
25 percent, to meet unusual cost variations. 
The total amount authorized to be appropriated for "Construction 
of Facilities" shall not be increased as a result of actions authorized 
under paragraphs (1) and (2). 
106 STAT. 5114 
PUBLIC LAW 102-588—NOV. 4, 1992 
SEC. 206. SPECIAL REPROGRAMBIING AUTHORnY FOR CONSTRUC-
TION OF FACILITIES. 
Where the Administrator determines that new developments 
or scientific or engineering changes in the national program of 
aeronautical and space activities have occurred; and that such 
changes require the use of additional funds for the purposes of 
construction, expansion, or modification of facilities at any location; 
and that deferral of such action until the enactment of the next 
authorization Act would be inconsistent with the interest of the 
Nation in aeronautical and space activities; the Administrator may 
transfer not to exceed one-half of 1 percent of the funds appropriated 
pursuant to section 102 (a) and (b) to the ''Construction of Facilities" 
appropriation for such purposes. The Administrator may also use 
up to $10,000,000 of the amounts authorized under section 102(c) 
for such purposes. The funds so made available pursuant to this 
section may be expended to acquire, construct, convert, rehabilitate, 
or install permanent or temporary public works, including land 
acquisition, site preparation, appiuienances, utilities, and equip-
Reports. 
ment. No such ^uids may be obligated until a period of thirty 
days has passed after the Administrator or the Administrator's 
designee has transmitted to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives a written 
report describing the nature of the construction, its cost, and the 
reasons therefor. 
SEC. 207. CONSIDERATION BY COMMITTEES.' 
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 originally made to either the Committee on Commerce, 
Science, and Transportation of the Senate or the Committee 
on Science, Space, and Technology of the House of Representa-
tives; 
(2) no amount appropriated pursuant to this Act may be 
used for any program in excess of the amount actually author-
ized for that particular program by section 102 (a), (b), and 
(d); and 
(3) no amount appropriated pursuant to this Act may be 
used for any progrcun which has not been presented to either 
such committee, 
unless a period of 30 days has passed after the receipt, by each 
such committee, of notice given by the Administrator or the 
Administrator's designee containing a full and complete statement 
of the action proposed to be taken and the facts and circumstances 
reUed upon in support of such proposed action. The National Aero-
nautics and Space Administration shall keep the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives Mly and currently informed with respect to all 
activities and responsibilities wiuiin the jurisdiction of those 
committees. Any Federal department, agency, or independent 
establishment shall furnish any information requested by either 
committee relating to any such activity or responsibility. 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5115 
SEC. 208. UMTTATION ON OBUGATION OF UNAUTHORIZED APPRO-
PRIATIONS. 
Not later than 30 days after the later of the date of enactment Reports. 
of an Act making appropriations to the National Aeronautics and 
Space Administration for fiscal year 1993 or the date of enactment 
01 this Act, the Administrator shall submit a report to Congress 
and to the Comptroller General which specifies— 
(1) the portion of such appropriations which are for pro-
grams, projects, or activities not specifically authorized under 
this Act, or which are in excess of amounts authorized for 
the relevant program, project, or activity under this Act; and 
(2) the portion of such appropriations which are specifically 
authorized under this Act. 
SEC. 209. GEOGRAPHICAL DISTRIBUTION. 
42 USC 2459 
It is the sense of the Con^ss that it is in the national 
interest that consideration be given to geographical distribution 
of Federal research funds whenever feasible, ana that the National 
Aeronautics and Space Administration should explore ways and 
means of distributing its research and development funds whenever 
feasible. 
SEC. 210. TRANSMISSION OF BUDGET ESTIBIATES. 
42 USC 2473 
The Administrator shall, at the time of submission of the Presi-
dent's annual budget, transmit to the Congress— 
(1) a five-year budget detailing the estimated development 
costs for each individual program under the jurisdiction of 
the National Aeronautics and Space Administration for which 
development costs are expected to exceed $200,000,000; and 
(2) an estimate of the life-cycle costs associated with each 
such program. 
SEC. 211. COMMERCIAL SPACE LAUNCH ACT AUTHORIZATION. 
Section 24 of the Commercial Space Launch Act (49 App. U.S.C. 
2623) is amended— 
(1) by striking "1992" and all that follows through "(2)" 
and inserting in lieu thereof "1993."; and 
(2) by adding at the end the following: There are author- 
> 
ized to be appropriated to the Secretary for fiscal year 1993 
$4,900,000 to carry out this Act. The Secretary may not collect 
any user fees for any regulatory or other services conducted 
pursuant to this Act, unless specifically authorized by this 
Act.". 
SEC. 212. NATIONAL SPACE COUNCIL AUTHORIZATION. 
42 USC 2471 
There are authorized to be appropriated to carry out the activi-
ties of the National Space Council established by section 501 of 
the National Aeronautics and Space Administration Authorization 
Act, Fiscal Year 1989 (42 U.S.C. 2471), $1,598,000 for fiscal year 
1993, of which not more than $1,000 shall be available for onicial 
reception and representation expenses. The National Space Council 
shall reimburse other agencies for not less than one-half of the 
personnel compensation costs of individuals detailed to it. 
SEC. 213. OFFICE OF SPACE COMMERCE AUTHORIZATION. 
There are authorized to be appropriated to the Secretary of 
Commerce for the Office of Space Commerce $515,000 for fiscal 
year 1993. 
106 STAT. 5116 
PUBLIC LAW 102-588—NOV. 4, 1992 
SEC. 214. LAUNCH TECHNOLOGY STUDIES. 
(a) REPORT ON SINGLE STAGE ROCKET TECHNOLOGY FUGHT 
TEST PROGRAM.—^Not later than 45 days following completion of 
the Strategic Defense Initiative Organization's Single Stage Rocket 
Teclinology flight test program, the Administrator shaU submit 
a report to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives providing an independ-
ent analysis of the program and the potential application of this 
launch technology to the civil space program. 
(b) 
NATIONAL 
AEROSPACE 
TRANSPORTATION TECHNOLOGY 
PLAN.—^Not later than 180 days after the date of enactment of 
this Act, the National Space Council, in consultation with the 
Administrator, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Science, Space, ana Technology of the House of Representatives 
a national aerospace transportation technology plan. The plan shall 
consider— 
(1) the needs of the Nationcd Aeronautics and Space 
Administration and other agencies for a hypersonic research 
flight vehicle, including the National Aerospace Plan; and 
(2) the relationship between the National Aerospace Plane 
and the supersonic High Speed Civil Ti'ansport, the Single 
Stage Rocket Technology Program, nuclear propulsion concepts, 
and other proposed aeronautical and space transportation tech-
nology concepts. 
SEC. 21S. SPACE AGENCY FORUM ON INTERNATIONAL SPACE YEAR. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) it is in the national interest that the Space Agency 
Forum on International Space Year (in this section referred 
to as "SAFISY") maintain its facilitating role in the coordination 
of current and planned complementary Earth and spa(» science 
research findings so as to maximize scientific return; 
(2) the initiative for multilateral scientific cooperation 
among space agencies and international scientific organizations 
imdertaken by SAFISY should continue beyond 1992, the Inter-
national Space Year; and 
(3) the National Aeronautics and Space Administration 
and the National Oceanic and Atmospheric Administration 
should pursue implementation of proposals for long-term multi-
lateral scientific cooperation developed during the International 
Space Year, notably those contained in the report of tiie second 
Pacific ISY Conference. 
(b) REPORT TO CONGRESS.—At the earliest practicable date, 
but not later than September 1, 1993, the National Aeronautics 
and Space Administration shall submit to Congress its plan for 
continuing SAFISY activities, with particular reference to planned 
coordination of current £uid future complement£UT Earth and space 
science research findings, and other acts of multilateral scientific 
cooperation. 
SEC. 216. CRAF/CASSINI MISSION. 
Section 103(aXlXS) of the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1991 (Public Law 
101-611; 104 Stat. 3192), is repealed. 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5117 
SEC. 217. COMPUTER NETWORKS. 
Section 3 of the National Science Foundation Act of 1950 (42 
U.S.C. 1862) is amended by adding at the end the following new 
subsection: 
"(g) In carrying out subsection (aX4), the Foundation is author-
ized to foster and support access by the research and education 
communities to computer networks which may be used substantially 
for purposes in addition to research and education in the sciences 
and engineering, if the additional uses will tend to increase the 
overall capabilities of the networks to support such research and 
education activities.". 
SEC. 218. SPACE COOPERATION WITH THE FORMER SOVIET REPUB- 15 USC 5801 
Lies. 
"^ote-
(a) REPORT TO CONGRESS,—^Within one year after the date 
of enactment of this Act, the President shall submit to Congress 
a report describing— 
(1) the opportimities for increased space related trade with 
the independent stetes of the former Soviet Union; 
(2) a technology procurement plan for identi^ng and 
evaluating all unique space hardware, space technology, and 
space services available to the United States from the independ-
ent stetes of the former Soviet Union, specifically including 
those technologies the National Aeronautics and Space 
Administration has identified as high priority in ite Space 
Research and Technology Integrated Technology Plan. 
(3) the trade missions carried out pursuant to subsection 
(c), including the private participation and the results of such 
missions; 
(4) the offices and accounts of the National Aeronautics 
and Space Administration to which expenses for either coopera-
tive activities or procurement actions, involving the independ-
ent stetes of the former Soviet Union, are charged; 
(5) any barriers, regulatory or practical, that inhibit space-
related trade between the Umted Stetes and the independent 
stetes of the former Soviet Union, including such barriers in 
either the United Stetes or the independent states; and 
(6) any anticompetitive issues raised by a potential acquisi-
tion. 
(b) NOTIFICATION TO CONGRESS.—If any United Stetes Govern-
ment agency denies a reauest for a license or other approval that 
may be necessary to conduct discussions on space-related matters 
with the independent stetes of the former Soviet Union, that agency 
shall immediately notify the Speaker of the House of Represente-
tives and President of the Senate. Each such notification shall 
include a stetement of the reasons for the denial. 
(c) ROLE OF THE OFFICE OF SPACE COMMERCE.—The Office 
of Space Commerce of the Department of Commerce is authorized 
and encouraged to conduct trade missions to appropriate independ-
ent stetes of the former Soviet Union for the purpose of familiarizing 
United Stetes aerospace industry representatives with space haro-
ware, space technologies, and space services that may be available 
firom the independent states, and with the business practices and 
overall business climate in the independent stetes. The Office of 
Space Commerce shall also advise the Administrater as to the 
impact on United Stetes industry of each potential acquisition of 
space hardware, space technology, or space services from the 
106 STAT. 5118 
PUBLIC LAW 102-588—NOV. 4, 1992 
independent states of the former Soviet Union, specifically including 
any anticompetitive issues the Office may observe. 
SEC. 219. USE OF DOMESTIC PRODUCTS. 
(a) COMPLIANCE WITH BUY AMERICAN ACT.—(1) Except as pro-
vided in paragraph (2), the head of each agency which conducts 
procurements shall ensure that such procurements are conducted 
m compliance with sections 2 througn 4 of the Act of March 3, 
1933 (41 U.S.C. 10a through 10c, popularly known as the "Buy 
V 
American Act"). 
(2) This subsection shall apply only to procurements made 
for which— 
(A) amounts are authorized by this Act to be made 
available; and 
(B) solicitations for bids are issued after the date of 
enactment of this Act. 
Reports. 
(3) The Administrator, before January 1, 1994, shall report 
to Congress on procurements covered by this subsection of 
products that are not domestic products. 
(b) INAPPLICABIUTY IN CASE OF VIOLATION OF INTERNATIONAL 
AGREEMENT.—^This section shall not apply to the extent that the 
United States Trade Representative determines that an award 
under this section would oe in violation of the General Agreement 
on Tariffs and Trade or an international agreement to which the 
United States is a party. 
(c) DEFINITIONS.—For the purposes of this section, the term 
, "domestic product" means a product— 
(1) that is manufactured or produced in the United States; 
and 
(2) at least 50 percent of the cost of the articles, materials, 
or supplies of which are mined, produced, or manufactured 
in the united States. 
42 use 2473d. 
SEC. 220. USE OF ABANDONED AND UNDERUTILIZED BUILDINGS, 
GROUNDS, AND FACHJTIES. 
(a) GENERAL RULE.—In meeting the needs of the National 
Aeronautics and Space Administration for additional facilities, the 
Administrator shall investigate the use of abandoned and 
underutilized buildings, groimds, and facilities in depressed commu-
nities that can be converted to National Aeronautics and Space 
Administration facilities and shall prioritize such uses where cost 
effective, as determined by the Administrator. 
(b) DEFINITION.—For purposes of this section, the term 
"depressed communities" means rural and urban communities that 
are relatively depressed, in terms of age of housing, extent of 
poverty, growth of per capita income, extent of unemployment, 
job lag, or surplus labor. 
SEC. 22L STUDY OF USES OF TECHNICAL INFORMATION. 
The Administrator shall undertake a study of the extent to 
which technical information developed by the National Aeronautics 
and Space Administration, by itself or in cooperation with industry, 
academic, or other government partners or contractors, is brought 
to market by foreign aerospace firms or their subcontractors more 
Reports. 
quickly than by United States companies. The Administrator shall 
report the results of such study to Congress no later than October 
1,1993. 
PUBLIC LAW 102-588-NOV. 4, 1992 
106 STAT. 5119 
SEC. 222. INSTITUTE FOR AVIATION WEATHER PREDICTION. 
The Administrator of the National Oceanic and Atmospheric 
Administration shall establish an Institute for Aviation Weather 
Prediction. The Institute shall provide forecasts, weather warnings, 
and other weather services to the United States aviation commu-
nity. The Institute shall expand upon the activities of the aviation 
unit currently at the National Severe Storms Forecast Center in 
K£uisas City, Missouri, and shall be established in the Kansas 
Citv Missouri area. The Administrator of the National Oceanic 
and Atmospheric Administration shall provide a full and fair oppor-
timity for employees at the National Severe Storms Center to 
assimie comparable duties and responsibilities within the Institute. 
TITLE m—EXPERIMENTAL PROGRAM TO STIMULATE 
COMPETITIVE RESEARCH ON SPACE AND AERO-
NAUTICS 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Experimental Program to Stimu-
late Competitive Research on Space and Aeronautics Act". 
SEC. 302. FINDINGS. 
Congress finds that— 
(1) the report of the Advisory Committee on the Future 
of the United States Space Program has provided a framework 
within which a consensus on the goals of the space program 
can be developed; 
(2) the National Aeronautics and Space Administration's 
ppace science and appUcations, aeronautical research and tech-
nology, and space research and technology programs will serve 
as the fulcrum for future initiatives by the United States in 
civil space and aviation; 
(3) colleges and universities in many States are currently 
not able to compete successfullv for research grants awarded 
by the National Aeronautics and Space Administration through 
ite space science and applications, aeronautical research and 
technology, and space research and technology programs; 
(4) balanced programs of space science and applications, 
aeronautical research and technology, and space research and 
technology should include initiatives designed to foster competi-
tive research capacity in all geographic areas of the Nation; 
and 
(5) by strengthening the competitive research capacity in 
those geographic areas of the Nation which are not currently 
fully competitive, the education and training of scientists and 
engineers important to the future of the United States civil 
space and aviation programs will be fostered. 
SEC. 303. POUCY. 
It is the policv of the United States that— 
(1) uie Administrator, in planning for national programs 
in space science and applications, aeronautical research, space 
flight, and exploration, snould ensure the resilience of the space 
and aeronautics research infrastructure; 
(2) a stable and balanced program of space science and 
applications, aeronautical research and technology, and space 
research and technology should include programs to assure 
Establishment. 
15 use 313b. 
Missouri. 
Experimental 
Program to 
Stimulate 
Competitive 
Research on 
Space and 
Aeronautics Act. 
42 use 2467b 
note. 
42 use 2467b 
note. 
42 use 2467b 
note. 
106 STAT. 5120 
PUBLIC LAW 102-588—NOV. 4, 1992 
Grants. 
42 use 2467b. 
42 u s e 2467b 
note. 
that geographic areas of the United States that currently do 
not successfully participate in competitive space and aeronauti-
cal research activities are enabled to become more competitive; 
and 
(3) programs to improve competitive capabilities should 
be a part of the research and the educational activities of 
the National Aeronautics and Space Administration. 
SEC. 304. REQUIREMENTS. 
(a) COMPETITION.—Making use of the existing infrastructure 
established in eligible States by the National Science Foundation, 
the Administrator shall conduct a merit grant competition among 
the eligible States in areas of research important to the mission 
of the National Aeronautics and Space Administration. With respect 
to a grant application by an eligible State, the Administrator shall 
consider— 
(1) the application's merit and relevance to the mission 
of the National Aeronautics and Space Administration; 
(2) the potential for the grant to serve as a catalyst to 
enhance the ability of researchers in the State to become more 
competitive for regular National Aeronautics and 
Space 
Administration funding; 
(3) the potential for the grant to improve the environment 
for science, mathematics, and engineering education in the 
State; and 
(4) the need to assure the maximum distribution of grants 
among eligible States, consistent with merit. 
(b) SUPPLEMENTAL GRANTS.—The Administrator shall endeavor, 
where appropriate, to supplement grants made under subsection 
(a) with such grants for fellowships, traineeships, equipment, or 
instrumentation as are available. 
(c) ELIGIBLE 
STATES DEFINED.—In this section, the term 
"eligible State" means a State designated by the Administrator 
as eligible to compete in the Foundation's Experimental Program 
to Stimulate Competitive Research. 
SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 
In carrying out the programs listed in section 102(a), the 
Administrator should ensure that up to $10,000,000 from the appro-
priations authorized for "Research and Development", for fiscal 
year 1993 are also used for purposes of establishing and developing 
an Experimental Program to Stimulate Competitive Research on 
Space and Aeronautics. 
TITLE IV—HIGH RISK RESEARCH AND DEVELOPMENT 
CONTRACT ADMINISTRATION 
SEC. 401. ACQUISITION POLICY ASSESSMENT. 
(a) ASSESSMENT.—^Within 180 days after the date of enactment 
of this Act, the Administrator, in coordination as necessary with 
the Office of Federal Procurement Policy and the Federal Acquisi-
tion Regulation Council, shall carry out an assessment of the alloca-
tion of risk between the National Aeronautics and Space Adminis-
tration and its contractors for future research and development 
contracts in order to identify options for allocating risk for correction 
of defects in materials and workmanship or other failures to conform 
to contract requirements. 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5121 
(b) CONTENTS.—In carrying out the assessment required by 
subsection (a), the Administrator shall consider— 
(1) technical imcertainty, market dynamics, and equity to 
both tiie National Aeronautics and Space Administration and 
the contractor communitj^; 
(2) the use of positive fee incentives reflecting the level 
of cost, schedule, and performance risk accepted by the 
contractor; 
(3) the use of negative fee incentives, including provisions 
providing for less than full cost recovery for work determined 
to be defective in materials or workmansnip or which otherwise 
fail to conform to contract requirements; 
(4) the appropriate use of rollovers; 
(5) the appropriate use of retroactive award fee 
adjustments; 
(6) the appropriate use of value engineering; 
(7) the use of warranties to ensure that the end product 
or a specified subproduct of a contract meets the performance 
requirements of a contract; 
(8) the recovery of costs for the replacement or correction 
of articles which are defective in materials or workmanship, 
or which otherwise fail to conform to contract requirements; 
and 
(9) the appropriate use of performance-based contracting. 
SEC. 402. PROMULGATION OF REGULATIONS. 
Within one hundred and eighty dajrs after the completion of 
the acquisition policy assessment required bv section 401, the 
Administrator, in coordination as necessary with the Office of Fed-
eral Procurement Policy, consistent with section 15 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 413), and the Federal 
Acquisition Regulation Council, shsdl initiate a rulemeiking proceed-
ing imder section 22 of such Act (41 U.S.C. 418b), on the acumnistra-
tion of research £uid development contracts which pro^se specific 
changes to National Aeronautics and Space Administration Procure-
ment Regulations and, as necessary. Federal Acquisition Regula-
tions to consider implementing the recommendations of the assess-
ment required by section 401, as well as— 
(1) the establishment of policies and procedures for the 
use of performance-based contracts, incorporating positive and/ 
or negative fee incentives to the maximum extent practicable; 
and 
(2) the establishment of policies and procedures— 
(A) for limiting the use of clauses of the Federal 
Acquisition Regulations which otherwise obligate the 
Government to pay the cost of correction of defects in 
materials and workmanship and work which otherwise fails 
to conform to contract requirements, and eliminating the 
use of such clauses where the defect or failure is within 
the control of the contractor; and 
(B) to provide for less than fiill cost recovery for work 
determined to be defective in materials and workmanship 
or which otherwise fails to conform to contract 
requirements. 
SEC. 403. DEFINITIONS. 
For the purposes of this title— 
106 STAT. 5122 
PUBLIC LAW 102-588—NOV. 4, 1992 
(1) the term "performance-based contracting" means struc-
turing all aspects of an acquisition around the purpose of the 
work to be performed as opposed to either the manner by 
which the work is to be performed or broad statements of 
work; 
(2) the term "positive fee incentive" means that element 
of the potential total remuneration tiiat a contractor may 
receive for contract performance over and above the allowable 
costs; 
(3) the term "negative fee incentive" means a rebate pay-
able to the National Aeronautics and Space Administration 
by a contracting party whose deliverable item or service is 
not in conformance with contract requirements or is otherwise 
deemed to be defective work; and 
(4) the term "rollover" means the act of reallocating any 
positive fee incentives not earned by a contractor due to less 
than excellent performance to subsequent opportunities for 
award available in the contract. 
TITLE V—COMMERCIAL SPACE COMPETITIVENESS 
15 u s e 5801. 
SEC. 501. FINDINGS. 
The Congress finds that— 
(1) commercial activities of the private sector have substan-
tially contributed to the strength of both the United States 
space program and the national economy; 
(2) a robust United States space transportation capability 
remains a vital cornerstone of the United States space program; 
(3) the availability of commercial launch services is essen-
tial for the continued growth of the United States commercial 
space sector; 
(4) a timely extension of the excess third partv claims 
payment provisions of the Commercial Space Lavuich Act is 
appropriate and necessary to enable the private sector to con-
tinue covering maximimi probable Uability risks while protect-
ing the private sector from iminsurable levels of Uability which 
could hinder international competitiveness; 
(5) a program to demonstrate how recipients of Federal 
grants can purchase launch services directly from the private 
sector has the potential to improve the capabilities of the United 
States commercial launch industiy; 
(6) improvements and additions to the Nation's space 
transportation infrastructure contribute to a robust and cost 
effective space transportation capability for both pubHc sector 
and private sector users; 
(7) private sector use of available Government facilities 
on a reimbursable basis contributes to a stronger commercial 
space sector; 
(8) the Federal Government should purchase space goods 
and services which are commercially available, or coma be 
made available commercially in response to a Government 
procurement request, whenever such goods or services meet 
Government mission requirements in a cost effective manner; 
(9) it is appropriate for tiie Government to act as an anchor 
tenant for commercial space development projects which have 
a reasonable potential to develop non-Federal markets and 
which meet Federal needs in a cost effective manner; and 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5123 
(10) the provision of compensation to commercial providers 
of space goods and services for termination of contracts at 
the convenience of the Government assists in enabling the 
private sector to invest in space activities which are initially 
dependent on Government purchases. 
SEC. 502. DEFINITIONS. 
15 USC 5802. 
For the purpose of this title— 
(1) the term "agency^ means an executive agency as defined 
by section 105 of title 5, United States Code; 
(2) the term "anchor tenancy" means £ui arrangement in 
which the United States Government agrees to procure sufii-
cient quantities of a commercial space product or service needed 
to meet Government mission requirements so that a commercial 
venture is made viable; 
(3) the term "commercial" means having— 
(A) private capital at risk, and 
(B) primary nnancial and management responsibility 
for the activity reside with the private sector; 
(4) the term "cost effective" means costing no more than 
the available alternatives, determined by a comptuison of all 
related direct and indirect costs including, in the case of 
Government costs, appUcable Government labor and overhead 
costs as well as contractor charges, and taking into account 
the ability of each alternative to accommodate mission require-
ments as well as the related factors of risk, reliability, schedule, 
and technical performance; 
(5) the term "launch" means to place, or attempt to place, 
a laimch vehicle and its payload, if any, in a suborbital trajec-
tory, in Earth orbit in outer space, or otiierwise in outer space; 
(6) the term "launch services" means activities involved 
in the preparation of a launch vehicle and its payload for 
launch and the conduct of a launch; 
(7) the term "launch support facilities" means facilities 
/ 
located at launch sites or launch ranges that are required 
/ 
to support launch activities, including launch vehicle assembly, 
launch vehicle operations and control, communications, flight 
safety functions, and payload operations, control, and process-
ing. 
(8) the term "launch vehicle" means any vehicle constructed 
for the purpose of operating in or placing a payload in, outer 
space or in suborbital trajectories, and includes components 
of that vehicle; 
(9) the term "pavload" means an obi'ect which a person 
undertakes to launch, and includes subcomponents of the 
launch vehicle specifically designed or adapted for that object; 
(10) the term "payload integration services" means activi-
ties involved in integrating multiple payloads into a single 
payload for launch or integrating a payload with a launch 
vehicle; 
(11) the term "space recovery support facilities" means 
facilities required to support activities related to the recoverv 
of payloads returned from space to a space recovery site, includ-
ing operations and control, communications, flight safety func-
tions, and payload processing; 
(12) the term space transportation infrastructure" means 
facilities, associated equipment, and real property, including 
106 STAT. 5124 
PUBLIC LAW 102-588—NOV. 4, 1992 
launch sites, launch support facilities, space recovery sites, 
and space recovery support facilities, required to perform 
launch or space recovery activities; 
(13) the term "State" means the several States, the District 
of Columbia, Puerto Rico, American Samoa, the United States 
Virgin Islands, Guam, the Northern Mariana Islands, and any 
other commonwealth, territory, or possession of the United 
States; and 
(14) the term 'United States" means the States, collectively. 
SEC. 503. E3CrENSION OF GOVERNMENT PAYMENT OF EXCESS THIRD 
PARTYCLAIMS. 
Section 16(bX5) of the Commercial Space Launch Act (49 App. 
U.S.C. 2615(b)(5)) is amended by striking '
M
i
h
e date that is five 
years following the date of enactment of the Commercial Space 
Launch Act .Aonendments of 1988" and inserting in lieu thereof 
"January 1, 2000". 
15 use 5803. 
SEC. 504. LAUNCH VOUCHER DEMONSTRATION PROGRAM. 
(a) COMMERCIAL SPACE VOUCHER DEMONSTRATION PROGRAM; 
EFFECTIVE PERIOD.—^The Administrator shall establish a dem-
onstration program to award vouchers for the payment of commer-
cial launch services and payload integration services for the purpose 
of launching payloads funded by the Office of Commercial Programs 
Mrithin the National Aeronautics and Space Administration to 
become effective October 1, 1993. Such program shall not be effec-
tive after September 30,1995. 
(b) AWARD OF VOUCHERS.—The Administrator shall award 
vouchers under subsection (a) to appropriate individuals as a part 
of grants administered by liie National Aeronautics and Space 
Administration for the launch of— 
(1) payloads to be placed in suborbital trajectories; and 
(2) small payloads to be placed in orbit. 
(c) ASSUMPTION O
F CERTAIN KESPONSiBiUTiES.—In carrying out 
the demonstration program established under subsection (a), the 
Administrator, in awarding vouchers, is limited to the launch of 
payloads funded by the Office of Commercial Programs within the 
National Aeronautics and Space Administration. 
(d) ASSISTANCE.—^The Administrator may provide voucher 
award recipients with such assistance, including contract formula-
tion and technical support during the proposal evaluation, as may 
be necessary, to ensure the purchase of cost effective and reasonably 
reliable commercial laimch services and payload integration serv-
ices. 
(e) REPORT.—^The Administrator shall conduct an ongoing 
review of the program established under this section, and shall, 
not later than January 31, 1995, report to Congress the results 
of such a review, togetner with recommendations for further action 
relating to the program. 
15 use 5804. 
SEC. 506. SPACE TRANSPORTATION INFRASTRUCTURE MATCHING 
GRANTS. 
(a) DEFINITIONS.—^For the purposes of this section— 
(1) the term "commercial space transportation infrastruc-
ture development" may include— 
(A) the construction or improvement of space transpor-
tation infirastructure within the United States; 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5125 
(B) the engineering and designing of such space 
transportation infrastructure; and 
(C) technical studies to define how new or enhanced 
space transportation infrastructure can best meet the needs 
or the United States commercial space transportation 
industry; 
(2) the term "project" means a project (or separate projects 
submitted together) for 
tibe 
accomplishment of commercial space 
transportation infrastructure development, including the com-
bined submission of all projects to be undertaken at a particular 
site in a 
fiscal 
year; 
(3) the term "project grant" means a grant of funds by 
the Secretary to a sponsor for the accomplishment of one or 
more projects; 
(4) the term "public agenc3r" means a State or any agency 
of a State, a municipality or other political subdivision of a 
State, or a tax-supported organization; 
(5) the term "Secretarjr" means the Secretary of Transpor-
tation; and 
(6) the term "sponsor" mecuis any public agency which, 
either individually or jointly with one or more other such enti-
ties, submits to the Secretary, in accordance with this section, 
an application for financial assistance for commercial space 
transportation infrastructure development. 
(b) ESTABLISHMENT OF GRANT PROGRAM.—In order to ensure 
the resiliency of the Nation's space transportation infrastructure, 
the Secretary is authorized to make project grants to sponsors 
in accordance with this section. There is authorized to be appro-
priated $10,000,000 for such grants beginning after September 30, 
1992. Such funds shall remain available imtil expended. 
(c) SELECTION O
F PROJECTS.—(1) In selecting projects for grants 
under subsection (b), the Secretary shall consider— 
(A) the contribution of the proposed project to industry 
capabilities which serve Federal space transportation needs; 
(B) the extent of industry's financial contribution to the 
proposed project; 
(C) tne extent of industry participation in the proposed 
project; 
(D) the positive impact of the proposed project on the 
international competitiveness of the United States space 
transportation industry; 
(£) the extent of state contributions to the proposed project; 
and 
(F) the impact of the proposed project on launch operations 
and other activities at Federal launch ranges. 
(2) The Secretary shall consult with the Department of Defense, 
the National Aeronautics and Space Administration, and other 
appropriate Federal agencies concerning paragraphs (IXA) and 
(IXF). 
(3) The Secretary shall give preference to those applications 
with greater levels of industry financial contributions, all other 
factors being equal. 
(d) SUBMISSION AND APPROVAL OF PROJECT GRANT APPUCA-
TIONS.—(1) Any sponsor of a project may submit to the Secretary 
a project grant application for one or more projects, in a form 
containing such information as the Secretary may prescribe, setting 
forth the project proposed to be undertaken. 
106 STAT. 5126 
PUBLIC LAW 102-588—NOV. 4, 1992 
(2) No project grant application shall be approved by the Sec-
retary unless the Secretary is satisfied that— 
(A) the project will contribute to the purposes of this sec-
tion; 
(B) the project is reasonably consistent with plans (existing 
at the time of approval of the project) of public agencies which 
are authorized oy the State in which such project is located 
and which are responsible for the development of the area 
surrounding the project site; 
(C) if the application proposes to use Federal Government 
property, the specific consent of the appropriate Federal agency 
head has been obtained; 
(D) the project will be completed without undue delay; 
(E) the sponsor which submitted the project grant applica-
tion has the legal authority to engage in the project as proposed; 
and 
(F) all additional requirements prescribed by the Secretary 
have been met. 
(e) ENVIRONMENTAL REQUIREMENTS.—(1) It is declared to be 
national poli^r that projects authorized pursuant to this section 
shall provide for the protection and enhancement of the natural 
resources and the quality of the environment of the Nation. In 
implementing this policy, the Secretary shall consult with the Sec-
retary of the Interior and the Administrator of the Environmental 
Protection Agency with regard to any project included in a project 
grant application which may have a significant impact on natural 
resources including, but not limited to, fish and wildlife, natural, 
scenic, and recreational assets, water and air quality, and other 
factors affecting the environment, and shall authorize no such 
project found to have a significant adverse effect unless the Sec-
retary shall render a finding, in writing, following a full and com-
plete review, which shall be a matter of public record, that no 
feasible and prudent alternative exists and that all reasonable 
steps have been taken to minimize such adverse effect. 
(2XA) No project grant application may be approved by the 
Secretary unless the sponsor of the project certifies to the Secretary 
that there has been afforded the opportunity for public hearing 
for the purpose of considering the economic, social, and environ-
mental effects of the project and its consistency with the goals 
of objectives of such planning as had been carried out by the 
community. 
(B) When hearings are held under paragraph (2XA), the project 
sponsor shall submit a copy of the transcript to the Secretary. 
(3) No project grant application may be approved unless the 
Governor of the State in which such project is to be located certifies 
in writing to the Secretary that tnere is reasonable assurance 
that the project will be located, designed, constructed, and operated 
so as to comply with applicable air and water quality standards. 
In any case where such standards have not been promulgated 
by the Administrator of the Environmental Protection Agency, cer-
tification shall be obtained from such Administrator. Notice of cer-
tification or refusal to certify shall be provided within 60 days 
after the project application has been received by the Secretary. 
(4) The Secretary shall condition approval of any such project 
grant application on compliance during construction and operation 
with applicable air and water quality standards. 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5127 
(5) The Secretary is authorized in connection with any project 
to require a certification from a sponsor that such sponsor will 
comply with all of the statutory and administrative requirements 
imposed on such sponsor under this section in connection with 
such project. Acceptance^ bv the Secretary of a certification from 
a sponsor may be rescinded by the Secretary at any time. Nothing 
in this paragraph shall affect or discharge any responsibility or 
obligation of the Secretary under any other Federal law, incluoing, 
but not limited to, the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seg.), section 4(f) of the Department of Transpor-
tation Act (49 App. U.SC. 1652), title VI of the Civil Rights Act 
of 1964 (42 U.S.a 2000d), title VIII of the Act of April 11, 1968 
(42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 
etseq.). 
(f) ALLOCATION OF PROJECT COSTS.~(1) The project grant for 
any project under this section shall not exceed 50 percent of the 
total cost of such project. 
(2) No project ^ant shall be awarded under this section for 
any project for which less than 10 percent of the toted cost of 
such project will be borne by the private sector. 
SEC. 506. IDENTIFICATION OF LAUNCH SUPPORT FACIUTIES. 
15 USC 5805. 
(a) IDENTIFICATION.—^The Administrator and the Secretary of 
Defense, as appropriate, in coordination with the Secretary of 
Transportation, shall conduct an inventory and identify all launch 
support facilities owned by the United States Government. To the 
extent practicable, the Administrator and the Secreta^ of Defense 
shall also identify any laimch support facilities which could be 
made available for use by non-Federal entities on a reimbursable 
basis without interfering with Federal activities. 
(b) REPORT TO CONGRESS.—Not later than 1 vear after the 
date of enactment of this Act, the Administrator ana the Secretary 
of Defense each shall submit to Congress a report containing the 
results of the identification required under subsection (a). Portions 
of such report may be classified!^ and protected from public disclosure 
if such classification is necessary to protect national security. 
SEC. 507. ANCHOR TENANCY AND TERMINATION UABIUTY. 
15 USC 5806. 
(a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, 
the Administrator or the Administrator of the National Oceanic 
and Atmospheric Administration may enter into multiyear anchor 
tenancy contracts for the purchase of a good or service if the 
appropriate Administrator determines that— 
(1) the good or service meets the mission requirements 
of the National Aeronautics and Space Administration or the 
National Oceanic and Atmospheric Administration, as appro-
priate; 
(2) the commercially procured good or service is cost 
effective; 
(3) the good or service is procured through a competitive 
process; 
(4) existing or potential customers for the good or service 
other than the United States Government have been specifically 
identified; 
(5) the long-term viability of the venture is not dependent 
upon a continued Government market or other nonreimbursable 
Government support; and 
106 STAT. 5128 
PUBLIC LAW 102-588—NOV. 4, 1992 
(6) private capital is at risk in the venture. 
(b) TERMINATION LIABILITY.—(1) Contracts entered into under 
subsection (a) may provide for the payment of termination liability 
in the event that the Government terminates such contracts for 
its convenience. 
(2) Contracts that provide for the payment of termination liabil-
ity, as described in paragraph (1), snail include a fixed schedule 
of such termination liability pajrments. Liability under such con-
tracts shall not exceed the total payments which the Government 
would have made after the date of termination to purchase the 
good or service if the contract were not terminated. 
(3) Subject to appropriations, funds available for such termi-
nation liability payments ma^ be used for purchase of the good 
or service upon successful delivery of the good or service pursuant 
to the contract. In such case, sufficient funds shall remain available 
to cover any remaining termination liability. 
(c) LIMITATIONS.—(1) Contracts entered into under this section 
shall not exceed 10 years in duration. 
(2) Such contracts shall provide for delivery of the good or 
service on a firm, fixed price basis. 
^ 
(3) To the extent practicable, reasonable performance specifica-
tions shall be used to define technical requirements in such con-
tracts. 
(4) In any such contract, the appropriate Administrator shall 
reserve the right to completely or partially terminate the contract 
without pa3mient of such termination liability because of the con-
tractor's actual or anticipated failure to perform its contractual 
obligations. 
15 use 5807. 
SEC. 508. USE OF GOVERNMENT FACILITIES. 
(a) AUTHORITY.—^Federal agencies, including the National Aero-
nautics and Space Administration and the Department of Defense, 
may allow non-Federal entities to use their space-related facilities 
on a reimbursable basis if the Administrator, the Secretary of 
Defense, or the appropriate agency head determines that— 
(1) the facilities will be used to support commercial space 
activities; 
(2) such use can be supported by existing or planned Fed-
eral resources; 
(3) such use is compatible with Federal activities; 
(4) equivalent commercial services are not available on 
- 
reasonable terms; and 
(5) such use is consistent with public safety, national secu-
rity, and international treaty obligations. 
In carrying out paragraph (5), eadd agency head shall consult 
with appropriate Federal officials. 
(b) 
REIMBURSEMENT 
PAYMENT.—(1) 
The 
reimbursement 
-
^ 
referred to in subsection (a) may be an amount equal to the direct 
costs (including salaries of United States civilian and contractor 
personnel) incurred by the United States as a result of the use 
of such facilities by the private sector. For the purposes of this 
paragraph, the term "direct costs" means the actual costs that 
can be unambiguously associated with such use, and would not 
be borne by the United States Government in the absence of such 
use. 
(2) The amount of any pajonent received bv the United States 
for use of facilities under tnis subsection shall be credited to the 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5129 
appropriation from which the cost of providing such facilities was 
paid. 
SEC. 809. PROTECTION OF INFORMATION DEVELOPED UNDER SPACE 
ACTAGREEBfENTS. 
Section 303 of the National Aeronautics and Space Act of 1958 
(42 U.S.C. 2454) is amended— 
(1) by inserting "(a)" after "SEC. 303"; 
(2) by striking "and (B)" and inserting in lieu thereof "(B)"; 
(3) by inserting ", and (C) information described in sub-
section (b)" aft«r "national security"; and 
(4) by adding at the end the following new subsection: 
"(b) The Administrator, for a period of up to 5 years after 
the development of information that results from activities con-
ducted under £in agreement entered into under section 203(c)(5) 
and (6) of this Act, and that would be a trade secret or commercial 
or fin£uicial information that is privileged or confidential imder 
the me£ining of section 552(bX4) of title 5, United States Code, 
if the information had been obtained from a non-Federal party 
participating in such an agreement, may provide appropriate protec-
tions against the dissemination of such information, including 
exemption frvm subchapter II of chapter 5 of title 5, United States 
Code.*. 
SEC. 610. COMMERCIAL SPACE ACHIEVEMENT AWARD. 
15 USC 5808. 
(a) ESTABLISHMENT.—^There is established a Commercial Space 
Achievement Award. The award shall consist of a medal, which 
shall be of such design and materials and bear such inscriptions 
as determined by the Secretary of Commerce. A cash prize may 
also be awarded if funding for the prize is available imder subsection 
(d). 
(b) CRTTERU FOR AWARD.—The Secretary of Commerce shall 
periodically make, and the Chairman of the National Space Council 
shall present, awards under this section to individuals, corporations, 
corporate divisions, or corporate subsidiaries substantially engaged 
in commercial space activities who in the opinion of the Secretary 
of Commerce best meet the foUoMdng criteria: 
(1) For corporate entities, at least one-half of the revenues 
from the space-related activities of the corporation, division, 
or subsidiary is derived from sources other than the United 
/ 
States (jrovemment. 
(2) The activities and achievements of the individvial, cor-
poration, division, or subsidiary have substantiallv contributed 
to the United States gross national product and the stature 
of United States industry in intemationsd markets, with due 
consideration for both the economic magnitude and the tech-
nical quality of the activities and achievements. 
(3) The individual, corporation, division, or subsidiary has 
substantially advanced space technology and space applications 
directly related to commercial space activities. 
(c) LIMITATIONS.—No individual or corporate entity may receive 
an award under this section more than once every 5 years. 
(d) FUNDING FOR AWARD.—^The Secretary of Commerce may 
seek and accept gifts of monev from public and private sources 
for the purpose of making cash prize awards under this section. 
Such money may be used only for that purpose, only such money 
may be used for that purpose, and the Secretary of Commerce 
106 STAT. 5130 
PUBLIC LAW 102-588—NOV. 4,1992 
shall make publicly available an itemized list of the sources of 
such fimding. 
TITLE VI—BIOMEDICAL RESEARCH IN SPACE 
42 use 2487. 
SEC. 601. FINDINGS. 
The Congress finds that— 
(1) me space program can make significant contributions 
to selected areas of health-related research and should be an 
integral part of the Nation's health research and development 
program; 
(2) the continuing development of trained scientists and 
engineers is essential to carrying out an effective and sustained 
program of biomedical research in space and on the ground; 
(3) the establishment and maintenance of an electronically 
accessible archive of data on space-related biomedical research 
is essential to advancement of the field; 
(4) cooperation with the republics of the former Soviet 
Union, including use of former Soviet orbital facilities, offers 
the potential for greatly enhanced biomedical research activities 
and progress; and 
(5) the establishment and maintenance of an international 
telemedicine consultation satellite capability to support emer-
gency medical service provision can provide an important aid 
to disaster relief efforts. 
42 use 2487a. 
SEC. 602. BIOMEDICAL RESEARCH JOINT WORKING GROUP. 
(a) ESTABLISHMENT.—The Administrator and the Director of 
the National Institutes of Health shall jointly establish a working 
group to coordinate biomedical research activities in areas where 
a microgravity environment may contribute to significant progress 
in the imderstanding and treatment of diseases and other medical 
conditions. The joint working group shall formulate joint and com-
plementary programs in such areas of research. 
(b) MEMBERSHIP.—^The joint working group shall include equal 
representetion firom the National Aeronautics and Space Adminis-
tration £ind the National Institutes of Health, and shall include 
representetion firom National Institutes of Health councils, as 
selected by the Director of the National Institutes of Health, and 
firom the National Aeronautics and Space Administration Advisory 
Coimcil. 
(c) ANNUAL REPORTING REQUIREMENT.—The joint working 
group shall report annually to Congress on ite progress in carrying 
out this section. 
(d) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.—The working 
group shall organize annual svmposia on biomedical research 
described in sm>section (a) under the joint sponsorship of the 
National Aeronautics and Space Administration and the National 
Institutes of Health. 
42 use 2487b. 
SEC. 603. BIOMEDICAL RESEARCH GRANTS. 
(a) ESTABUSHMENT OF PROGRAM.—The Administrator and the 
Director of the National Institutes of Health shall establish a joint 
program of biomedical research grante in areas described in section 
602(a), where such research requires access to a microgravity 
environment. Such program shall be consistent with actions taken 
by the joint working group under section 602. 
PUBLIC LAW 102-588—NOV. 4, 1992 
106 STAT. 5131 
(b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.—The grants pro-
gram established vinder subsection (a) shall annually issue joint 
research opportunity announcements imder the sponsorship of the 
National Institutes of Health and the National Aeronautics and 
Space Administration. Responses to the announcements shall be 
evaluated by a peer review committee whose members shall be 
selected by the Director of the National Institutes of Health and 
the Administrator, and shall include individuals not employed by 
the National Aeronautics and Space Administration or the National 
Institutes of Health. 
SEC. 604. BIOMEDICAL RESEARCH FELLOWSHIPS. 
42 USC 2487c. 
The Administrator and the Director of the National Institutes 
of Health shall create a joint program of graduate research fellow-
ships in biomedical research described in section 602(a). Fellowships 
imder such program may provide for participation in approved 
research conferences and symposia. 
SEC. 605. JOINT FORMER SOVIET UNION STUDIES IN BIOMEDICAL 
42 USC 2487d. 
RESEARCH. 
The Administrator, in consultation with the Director of the 
National Institutes of Health, shall, as soon as practicable, establish 
and submit to Congress a plan for the conduct of joint biomedical 
research activities by the republics of the former Soviet Union 
and the United States, including the use of the United States 
Space Shuttle and former Soviet orbital facilities such as the Mir 
space station. 
SEC. 606. ESTABUSHMENT OF AN ELECTRONIC DATA ARCHIVE. 
42 USC 2487e. 
The Administrator shall create and maintain a national elec-
tronic data archive for biomedical research data obtained from 
space-based experiments. 
SEC. 607. ESTABUSHMENT 
OF EMERGENCY 
MEDICAL 
SERVICE 42 USC 2487f. 
TELEMEDICINE CAPABILITY. 
The Administrator shall with the Director of the Federal Emer-
gency Management Agency, the Director of the Office of Foreign 
Dis£ister, and the Surgeon General of the United States jointly 
create and maintain an international telemedicine satellite con-
sultation capability to support emergency medical services in disas-
ter-stricken areas. 
106 STAT. 5132 
PUBLIC LAW 102-588—NOV. 4, 1992 
42 u s e 2487g. 
SEC. 608. AUTHORIZATION OF APPROPRIATIONS. 
The Administrator should ensure that up to $3,750,000 from 
the appropriations authorized for "Research and Development" for 
fiscal year 1993 are also used to carry out this title. 
Approved November 4, 1992. 
LEGISLATIVE HISTORY—H.R. 6135: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 5, considered and passed House. 
Oct. 7, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Nov. 4, Presidential statement.