National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991
PL 101-611 (S.2287), enacted 11/16/1990

104 STAT. 3188 
PUBLIC LAW 101-611—NOV. 16, 1990 
Public Law 101-611 
101st Congress 
An Act 
To authorize appropriations to the National Aeronautics and Space Administration 
Nov. 16, 1990 
for research and development, space flight, control and data communications, 
[S. 2287] 
construction of facilities, and research and program management, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
National 
United States of America in Congress assembled. 
Aeronautics and 
Space 
SECTION 1. SHORT TITLE. 
Administration 
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Authorization 
This Act may be cited as the National Aeronautics and Space 
Act Fiscal Year 
Administration Authorization Act, Fiscal Year 1991". 
TITLE I—NATIONAL AERONAUTICS AND 
SPACE ADMINISTRATION AUTHORIZA-
TIONS 
42 u s e 2451 
SEC. 101. FINDINGS. 
The Congress finds that— 
(1) over the next decade, the United States aeronautics and 
space program will be directed toward major national priorities 
of understanding, preserving, and enhancing our global environ-
ment, hypersonic transportation, human exploration, and 
emerging technology commercialization; 
(2) the United States aeronautics and space program is sup-
ported by an overwhelming majority of the American people; 
(3) the United States aeronautics and space program genu-
inely reflects our Nation's pioneer heritage and demonstrates 
our quest for leadership, economic growth, and human under-
standing; 
(4) the United States space program is based on a solid record 
of achievement and continues to promote the objective of inter-
national cooperation in the exploration of the planets and the 
universe; 
(5) the United States aeronautics and space program gen-
erates critical technology breakthroughs that benefit our econ-
omy through new products and processes that significantly 
improve our standard of living; 
(6) the United States aeronautics and space program excites 
the imagination of every generation and can stimulate the 
youth of our Nation toward the pursuit of excellence in the 
fields of science, engineering, and mathematics; 
(7) the United States aeronautics and space program contrib-
utes to the Nation's technological competitive advantage; 
(8) the United States aeronautics and space program requires 
a sustained commitment of financial and human resources as a 
share of the Nation's Gross National Product; 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3189 
(9) the United States space transportation system will depend 
upon a robust fleet of space shuttle orbiters and expendable and 
reusable launch vehicles and services; 
(10) the United States space program will be advanced with 
an assured funding stream for the development of a perma-
nently manned space station with research, experimentation, 
observation, servicing, manufacturing, and staging capabilities 
for lunar and Mars missions; 
(11) the United States aeronautics program has been a key 
factor in maintaining preeminence in aviation over many 
decades; 
(12) the United States needs to maintain a strong program 
with respect to transatmospheric research and technology by 
developing and demonstrating National Aero-Space Plane tech-
nology by a mid-decade date certain; 
(13) the National Aeronautics and Space Administration is 
primarily responsible for formulating and implementing policy 
that supports and encourages civil aeronautics and space activi-
ties in the United States; and 
(14) commercial activities of the private sector will substan-
tially and increasingly contribute to the strength of both the 
United States space program and the national economy. 
SEC. 102. POLICY. 
42 USC 2451 
It is declared to be national policy that the United States should— 
(1) rededicate itself to the goal of leadership in critical areas 
of space science, space exploration, and space commercializa-
tion; 
(2) increase its commitment of budgetary resources for the 
space program to reverse the dramatic decline in real spending 
for such program since the achievements of the Apollo moon 
program; 
(3) ensure that the long-range environmental impact of all 
activities carried out under this title are fully understood and 
considered; 
(4) promote and support efforts to advance scientific under-
standing by conducting or otherwise providing for research on 
environmental problems, including global change, ozone deple-
tion, acid precipitation, deforestation, and smog; 
(5) forge a robust national space program that maintains a 
healthy balance between manned and unmanned space activi-
ties and recognizes the mutually reinforcing benefits of both; 
(6) maintain an active fleet of space shuttle orbiters, including 
an adequate provision of structural spare parts, and evolve the 
orbiter design to improve safety and performance, and reduce 
operational costs; 
(7) sustain a mixed fleet by utilizing commercial expendable 
launch vehicle services to the fullest extent practicable; 
(8) support an aggressive program of research and develop-
ment designed to enhance the United States preeminence in 
launch vehicles; 
(9) continue and complete on schedule the development and 
deployment of a permanently manned, fully capable, space 
station; 
(10) develop an advanced, high pressure space suit to support 
extravehicular activity that will be required for Space Station 
Freedom when Assembly Complete is reached; 
104 STAT. 3190 
PUBLIC LAW 101-611—NOV. 16, 1990 
(11) establish a dual capability for logistics and resupply of 
the space station utilizing the space shuttle and expendable 
launch vehicles, including commercial services if available; 
(12) continue to seek opportunities for intiernational coopera-
tion in space and fully support international cooperative 
Eigreements; 
(13) maintain an aggressive program of aeronautical research 
and technology development designed to enhance the United 
States preeminence in civil and military aviation and improve 
the safety and efficiency of the United States air transportation 
system; 
(14) conduct a program of technology maturation, including 
flight demonstration in 1997, to prove the feasibility of an air-
breathing, hypersonic aerospace plane capable of single-stage-
to-orbit operation and hypersonic cruise in the atmosphere; 
(15) seek innovative technologies that will make possible ad-
vanced human exploration initiatives, such as the establish-
ment of a lunar base and the succeeding mission to Mars, and 
provide high yield technology advancements for the national 
economy; and 
(16) enhance the human resources of the Nation and the 
quality of education. 
SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATIONS.—There are authorized to be appropriated to 
the National Aeronautics and Space Administration the following 
amounts: 
(1) For "research and development", for the following 
programs: 
(A) United States International Space Station Freedom: 
(i) Notwithstanding section 201(a)(1)(A) of the Na-
tional 
Aeronautics 
and 
Space 
Administration 
Authorization Act, Fiscal Year 1989, not more than 
$2,451,000,000 shall be made available for fiscal year 
1991. 
(ii) Such sums as are necessary from funds au-
thorized for the United States Internationgd Space Sta-
tion Freedom shall be used to initiate a flight test of 
Reports. 
the solar dynamic power program. By May 1, 1991, the 
Administrator shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Science, Space, and Technology of 
the House of Representatives a report on the im-
plementation plan for the conduct of a flight test of the 
solar dynamic power program. 
(B) 
Space 
transportation 
capability 
development, 
$723,400,000 for fiscal year 1991. Of such funds, $10,000,000 
shall be used only for supporting heavy-lift launch vehicle 
studies, which shall include study of commercially devel-
oped variants as well as other appropriate concepts, rather 
than studying Shuttle-derived heavy-lift launch vehicles 
alone. 
(C) Physics and astronomy, $985,000,000 for fiscal year 
1991. 
(D) Life sciences, $168,400,000 for fiscal year 1991. Of the 
amounts authorized for such purposes, by this or any other 
Act, for fiscal year 1991— 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3191 
(i) $5,000,000 shall be used for the development of 
payloads for the Lifesat program; and 
(ii) not less than $400,000 shall be used for space food 
processing studies and bioregenerative modeling assess-
ments. 
(E) Planetary exploration, $337,200,000 for fiscal year 
1991. 
(F) Earth sciences: 
(i) $542,500,000 for fiscal year 1991, of which 
$5,000,000 shall be made available for the conduct of an 
advanced sensor technology demonstration program, 
$35,000,000 shall be made available for Earth Probes, 
including the development of the Total Ozone Mapping 
Spectrometer, and $44,300,000 shall be made available 
for Modeling and Data Analysis, including the develop-
ment of Earth Science Data Directories and remote 
sensing data conversion. 
(ii) Notwithstanding section 201(a)(1)(A) of the Na-
tional 
Aeronautics 
and 
Space 
Administration 
Authorization Act, Fiscal Year 1989, not more than 
$132,000,000 may be made available for the Earth 
Observing System Platform for fiscal year 1991. 
(G) Materials processing in space, $97,300,000 for fiscal 
year 1991. 
(H) Communications, $52,800,000 for fiscal year 1991, 
including not more than $2,000,000 for experimenter 
ground stations for the Advanced Communications Tech-
nology Satellite, but only if the experimenter receiving 
funds obtains at least an equal amount of funds from 
sources other than the National Aeronautics and Space 
Administration. 
(I) Information systems, $36,800,000 for fiscal year 1991. 
(J) Technology utilization, $24,400,000 for fiscal year 1991. 
(K) Commercial use of space, $76,600,000 for fiscal year 
1991. 
(L) Aeronautical research and technology, $537,000,000 
for fiscal year 1991. 
(M) 
Transatmospheric 
research 
and 
technology, 
$119,000,000 for fiscal year 1991. 
(N) Space research and technology, $412,900,000 for fiscal 
year 1991. Of the amounts authorized for the Exploration 
Technology program, by this or any other Act, for fiscal 
year 1991, at least 10 percent shall be for university con-
tracts and grants. 
(O) Exploration mission studies, $21,000,000 for fiscal 
year 1991, which is authorized for studies conducted by the 
National Aeronautics and Space Administration. The Reports. 
Administrator shall provide to the Committee on Science, 
Space, and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate, by March 15, 1991, a report setting forth the 
goals for academic participation and enhancement of the 
educational infrastructure with regard to the human explo-
ration initiative. 
(P) Safety, reliability, and quality assurance, $33,000,000 
for fiscal year 1991. 
104 STAT. 3192 
PUBLIC LAW 101-611—NOV. 16, 1990 
(Q) Tracking and data advanced systems, $20,000,000 for 
fiscal year 1991. 
(R) University Space Science and Technology Academic 
Program, $50,100,000 for fiscal year 1991. 
Reports. 
(S) Comet Rendezvous Asteroid Flyby/Cassini mission, 
not to exceed $1,600,000,000, for development, launch, and 
30 days of operations thereof, to remain available until 
expended, of which— 
(i) $490,000,000 shall be available for obligation after 
October 1,1989; 
(ii) an additional $370,000,000 shall be available for 
obligation 30 days after the submission of a report 
summarizing the results of a preliminary design review 
to the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate; 
(iii) an additional $640,000,000 shall be available for 
obligation 30 days after the submission of a report 
summarizing the results of a critical design review to 
the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate; 
and 
(iv) an additional $100,000,000 shall be available for 
obligation 30 days after the submission of a report 
summarizing the results of a spacecraft integration and 
systems test to the Committee on Science, Space, and 
Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation 
of the Senate. 
A cost containment plan shall be submitted to the Commit-
tee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate by January 31, 1991, and 
updated on July 31 and January 31 of each succeeding year 
until such funds are expended. 
(2) For "space flight, control, and data communications", for 
the following programs: 
(A) Shuttle 
production 
and 
operational 
capability, 
$1,364,000,000 for 
fiscal 
year 
1991. Of such 
funds, 
$45,000,000 shall be used only for carrying out the safety 
modifications recommended by the Aerospace Safety Ad-
visory Panel and for such other safety related elements of 
an Assured Shuttle Availability Program as the Adminis-
Reports. 
trator considers necessary. By September 30, 1991, the 
Administrator shall submit to the Committee on Science, 
Space, and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a full report on the completion of planned 
(B) Shuttle transportation operations, $2,831,400,000 for 
fiscal year 1991, of which $4,000,000 shall be made available 
for the provision of launch services for eligible satellites in 
accordance with section 6 of the Commercial Space Launch 
Act Amendments of 1988. 
(C) Expendable launch vehicle services, $229,200,000 for 
fiscal year 1991. 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3193 
(D) Space and ground network, communications, and data 
systems, $868,800,000 for fiscal year 1991. 
(E) 
Tracking 
and 
data 
relay 
satellite 
system, 
$1,209,732,000 for fiscal year 1991, which shall be used only 
for the purpose of reducing all outstanding debt to the 
Federal Financing Bank. 
(3) For "construction of facilities" for fiscal year 1991 as 
follows: 
(A) Construction of Neutral Buoyancy Laboratory, John-
son Space Center, $15,000,000. 
(B) Construction of Space Station Processing Facility, 
Kennedy Space Center, $25,000,000. 
(C) Construction of Addition for Flight Training and 
Operations, Johnson Space Center, $12,000,000. 
(D) Rehabilitation of Mission Control Center Power and 
Control Systems, Johnson Space Center, $8,500,000. 
(E) Construction of Transporter/Canister Facility, Ken-
nedy Space Center, $5,500,000. 
(F) Construction of Processing Control Center, Kennedy 
Space Center, $9,400,000. 
(G) Replacement of Heating, Ventilating, and Air Condi-
tioning System, Hypergolic Maintenance Facility, Kennedy 
Space Center, $2,100,000. 
(H) Replacement of Operations and Checkout Building, 
West Cooling Tower, Kennedy Space Center, $1,000,000. 
(I) Restoration of Heavy Equipment Area, Kennedy Space 
Center, $900,000. 
(J) Upgrade of Orbiter Processing Facility High Bay 
Heating, Ventilating, and Air Conditioning System, Ken-
nedy Space Center, $3,300,000. 
(K) Upgrade of Yundum International Airport to Full 
Transoceanic Abort Landing Site, Banjul, The Gambia, 
$3,400,000. 
(L) Repair of Condensate System, Main Manufacturing 
Building, Michoud Assembly Facility, $900,000. 
(M) Construction of Project Engineering Facility, Mar-
shall Space Flight Center, $17,000,000. 
(N) Restoration of Information and Electronic Systems 
Laboratory, Marshall Space Flight Center, $4,000,000. 
(O) Rehabilitation of Hydrogen Transfer Facility, Stennis 
Space Center, $2,700,000. 
(P) Restoration of Space Shuttle Main Engine Test 
Complex "A", Stennis Space Center, $2,800,000. 
(Q) Construction of Advanced Solid Rocket Motor Pro-
gram 
Facilities, 
including 
land 
acquisition, 
various 
locations, $92,000,000. 
(R) Construction of Addition to Site Electrical Substation, 
Johnson Space Center, $11,000,000. 
(S) Addition to Administration and Engineering Building, 
Stennis Space Center, $3,800,000. 
(T) Construction of Earth Observing System 
Data 
Information System Facility, Goddard Space Flight Center, 
$8,000,000. 
(U) Construction of Detector Development Laboratory, 
Goddard Space Flight Center, $3,100,000. 
(V) Replacement of Chillers, Central Heating/Refrigera-
tion Plant, Goddard Space Flight Center, $4,000,000. 
104 STAT. 3194 
PUBLIC LAW 101-611—NOV. 16, 1990 
(W) Replacement/Modernization 
of Electrical Power 
Feeders, Goddard Space Flight Center, $1,500,000. 
(X) Construction of Observational Instruments Labora-
tory, Jet Propulsion Laboratory, $14,000,000. 
(Y) Refurbishment 
of 25-Foot Space Simulator, Jet 
Propulsion Laboratory, $13,200,000. 
(Z) Restoration of Utilities, Wallops Flight Facility, 
$5,200,000. 
(AA) Modifications to the High Pressure Air System, 
Langley Research Center, $12,000,000. 
(BB) Modifications to Upgrade the 30 x 60-Foot Wind 
Tunnel, Langley Research Center, $4,000,000. 
(CO Repairs to the Tunnel Shell, Unitary Plan Wind 
Tunnel, Langley Research Center, $2,700,000. 
(DD) Rehabilitation of Central Air System, Lewis Re-
search Center, $7,900,000. 
(EE) Rehabilitation of Propulsion Systems Laboratory, 
Lewis Research Center, $6,000,000. 
(FF) Construction of Liquid Hydrogen Structural Test 
Facility, Dryden Flight Research Facility, $18,800,000. 
(GO) Rehabilitation and Modification of the Electrical 
Distribution System, Dryden Flight Research Facility, 
$4,000,000. 
(HH) Construction of Addition for Light-Alloy Research 
Laboratory, Langley Research Center, $4,600,000. 
(II) Construction of Space Experiments Laboratory, Lewis 
Research Center, $7,100,000. 
(JJ) Refurbishment of Electric Power Laboratory, Lewis 
Research Center, $8,900,000. 
(KK) Construction of 34-Meter Multifrequency Antenna 
at Goldstone, CA, Jet Propulsion Laboratory, $13,200,000. 
(LL) Rehabilitation of 70-Meter Antenna Drive Gear 
Boxes in Australia, Spain, and Goldstone, CA, Jet Propul-
sion Laboratory, $4,400,000. 
(MM) Repair of facilities at various locations, not to 
exceed $1,000,000 per project, $30,000,000. 
(NN) Rehabilitation and modification of facilities at var-
ious locations, not to exceed $1,000,000 per 
project, 
$34,000,000. 
(OO) Minor construction of new facilities and additions to 
existing facilities at various locations, not to exceed 
$750,000 per project, $11,000,000. 
(PP) 
Environmental 
compliance 
and 
restoration, 
$32,000,000. 
(QQ) Facility planning and design not otherwise provided 
for, $28,000,000. 
(4) For "research and program management", for fiscal year 
1991, $2,252,900,000. 
(5) For "Inspector General", $11,000,000 for fiscal year 1991. 
(b) LIMITATIONS.—(1)(A) Notwithstanding paragraph (4), appro-
priations authorized under this section for "research and develop-
ment" and "space flight, control, and data communications" may be 
used— 
(i) for 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 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3195 
(ii) for grants to nonprofit institutions of higher education, or 
Grant programs. 
to nonprofit organizations whose primary purpose is the con-
duct of scientific research, for purchase or construction of addi-
tional research facilities. 
Title to facilities described in clause (ii) shall be vested in the United 
Grant programs. 
States unless the Administrator determines that the national pro-
gram of aeronautical 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 Adminis-
trator shall determine to be required to ensure that the United 
States will receive therefrom benefit adequate to justify the making 
of that grant. 
(B) None of the funds appropriated for "research and develop-
ment" and "space flight, control, and data communications" pursu-
ant to this title may be used in accordance with this paragraph for 
the construction of any facility, the estimated cost of which, includ-
ing collateral equipment, exceeds $750,000, unless the Administrator 
has notified the Committee on Science, Space, and Technolo^ of the 
House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate, of the nature, location, and 
estimated cost of such facility. 
(2) Any amount appropriated pursuant to this title for "research 
42 USC 2459a. 
and development", for "space flight, control and data communica-
tions", or for "construction of facilities" may remain available until 
expended. Any amount appropriated pursuant to this title for "re-
search and program management" for maintenance and operation 
of facilities, and for other services, shall remain available through 
the next fiscal year after the fiscal year for which such amount is 
appropriated. 
(3) Appropriations made pursuant to subsection (aX4) may be used, 
but not to exceed $35,000, for scientific consultations or extraor-
dinary expenses upon the approval or authority of the Adminis-
trator, and his determination shall be final and conclusive upon the 
accounting officers of the Government. 
(4XA) Funds appropriated pursuant to subsection (a) (1), (2), and (4) 
may be used for the construction of new facilities and additions to, 
or repair, rehabilitation, or modification of existing facilities, but 
only if the cost of each such project, including collateral equipment, 
does not exceed $200,000. 
(B) Funds appropriated pursuant to subsection (a) (1) and (2) may 
be used for unforeseen programmatic facility project needs, but only 
if the cost of each such project, including collateral equipment, does 
not exceed $750,000. 
(C) Funds appropriated pursuant to subsection (aX4) may be used 
for repair, rehabilitation, or modification of facilities controlled by 
the General Services Administration, but only if the cost of each 
project, including collateral equipment, does not exceed $500,000. 
SEC. 104. CONSTRUCTION OF FACILITIES REPROGRAMMING. 
Authorization is hereby granted whereby any of the amounts 
prescribed in section 103(aX3XA) through (QQ)— 
(1) may be varied upward 10 percent, in the discretion of the 
Administrator or the Administrator's designee, or 
(2) following a report by the Administrator or the Administra- 
Reporte. 
tor's designee to the Committee on Science, Space, and Tech-
nology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, on the 
104 STAT. 3196 
PUBLIC LAW 101-611—NOV. 16, 1990 
circumstances of such, may be varied upward 25 percent to meet 
unusual cost variations. 
The total cost of all work authorized under paragraphs (1) and (2) 
shall not exceed the total of amounts specified in section 103(a)(3) (A) 
through (QQ). 
SEC. 105. SPECIAL REPROGRAMMING AUTHORITY FOR CONSTRUCTION 
OF FACILITIES. 
Where the Administrator determines that new developments or 
scientific or engineering changes in the national program of aero-
nautical 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 aero-
nautical and space activities; the Administrator may transfer not to 
exceed one-half of 1 percent of the funds appropriated pursuant to 
section 103(a) (1) or (2) to the "construction of facilities" appropria-
tion for such purposes. The Administrator may also use up to 
$10,000,000 of the amounts authorized under section 103(a)(3) 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 ac-
quisition, site preparation, appurtenances, utilities, and equipment. 
Reports. 
No such funds may be obligated until a period of 30 days has pEissed 
after the Administrator or the Administrator's designee has 
transmitted to the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a written report describ-
ing the nature of the construction, its cost, and the reasons therefor. 
SEC. 106. CONSIDERATION BY COMMITTEES. 
Notwithstanding any other provision of this title— 
(1) no amount appropriated pursuant to this title may be used 
for any program deleted by the Congress from requests as 
originally made to either the Committee on Science, Space, and 
Technology of the House of Representatives or the Committee 
on Commerce, Science, and Transportation of the Senate; 
(2) no amount appropriated pursuant to this title may be used 
for any program in excess of the amount actually authorized for 
that particular program by section 103(a) (1), (2), and (4); and 
(3) no amount appropriated pursuant to this title may be used 
for any program 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 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. The National Aeronautics and Space Administration shall 
keep the Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate fully and currently informed with 
respect to all activities and responsibilities within 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 101-611—NOV. 16, 1990 
104 STAT. 3197 
SEC. 107. AMENDMENTS TO THE NATIONAL AERONAUTICS AND SPACE 
ACT OF 1958. 
Section 203(a) of the National Aeronautics and Space Act of 1958 
(42 U.S.C. 2473(a)) is amended by— 
(1) striking "and" at the end of paragraph (2); 
(2) striking the period at the end of paragraph (3) and insert-
ing in lieu thereof a semicolon; and 
(3) adding at the end the following new paragraphs: 
"(4) seek and encourage, to the maximum extent possible, the 
fullest commercial use of space; and 
"(5) encourage and provide for Federal Government use of 
commercially provided space services and hardware, consistent 
with the requirements of the Federal Government.". 
SEC. 108. NATIONAL SPACE COUNCIL AUTHORIZATION. 
(a) There are authorized to be appropriated to carry out the 
activities 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), $1,363,000 for fiscal year 1991, 
of which not more than $1,000 shall be available for official recep-
tion 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. 
(b) It is the sense of Congress that the National Space Council 
should, by October 1, 1991, establish guidelines and policy rec-
ommendations, including the need for licensing, for the conduct of 
expendable launch vehicle operations in which a Federal agency 
assumes substantial responsibility for public safety, indemnification, 
and administrative oversight. 
SEC. 109. GEOGRAPHICAL DISTRIBUTION. 
The Administrator shall distribute research and development 
funds geographically in order to provide the broadest practicable 
participation in the programs of the National Aeronautics and 
Space Administration. 
SEC. 110. BUY AMERICAN. 
(a) GENERAL RULE.—The Administrator shall award to a domestic 
firm a contract that, under the use of competitive procedures, would 
be awarded to a foreign firm, i
f
— 
(1) the final product of the domestic firm will be completely 
assembled in the United States; 
(2) when completely assembled, not less than 51 percent of the 
final product of the domestic firm will be domestically produced; 
and 
(3) the difference between the bids submitted by the foreign 
and domestic firms is not more than 6 percent. 
(b) EXCEPTIONS.—This section shall not apply to the extent to 
which— 
(1) such applicability would not be in the public interest; 
(2) compelling national security considerations require other-
wise; or 
(3) the United States Trade Representative determines that 
such an award would be 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 purposes of this section— 
42 u s e 2471 
note. 
42 u s e 2459 
note. 
Government 
contracts. 
104 STAT. 3198 
PUBLIC LAW 101-611—NOV. 16, 1990 
Reports. 
42 u s e 2465a. 
Reports. 
(1) the term "domestic firm" means a business entity that is 
incorporated in the United States and that conducts business 
operations in the United States; 
(2) the term "foreign firm" means a business entity not 
described in paragraph (1). 
(d) LIMITATION.—This section shall apply only to contracts for 
which— 
(1) amounts are made available pursuant to this title; and 
(2) solicitations for bids are issued after the date of enactment 
of this Act. 
SEC. 111. ADVANCED SOLID ROCKET MOTOR. 
The Administrator shall submit to the Committee on Science, 
Space, and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate 
the following: 
(1) A report on the projected cost to complete the design, 
development, and qualification of the Advanced Solid Rocket 
Motor. The first report shall be submitted by March 1,1991, and 
thereafter with the National Aeronautics and Space Adminis-
tration's annual budget request. 
(2) An annual report on the projected unit cost of the flight 
motors. 
(3) An annual report on the increase in space shuttle payload 
capability provided by the Advanced Solid Rocket Motor. The 
report shall include the original baseline payload capability, 
adjustments to that baseline capability, and the projected pay-
load capability. 
(4) An assessment by the National Research Council by 
July 1, 1991, of the quality assurance and testing program that 
will ensure the achievement of safety and reliability for the 
Advanced Solid Rocket Motor. 
SEC. 112. SPACE SHUTTLE USE POLICY. 
(aXD It shall be the policy of the United States to use the Space 
Shuttle for purposes that (i) require the presence of man, (ii) require 
the unique capabilities of the Space Shuttle or (iii) when other 
compelling circumstances exist. 
(2) The term "compelling circumstances" includes, but is not 
limited to, occasions when the Administrator determines, in con-
sultation with the Secretary of Defense and the Secretary of State, 
that important national security or foreign policy interests would be 
served by a Shuttle launch. 
(3) The policy stated in subsection (a)(1) shall not preclude the use 
of available cargo space, on a Space Shuttle mission otherwise 
consistent with the policy described under subsection (aXD, for the 
purpose of carrying secondary payloads (as defined by the Adminis-
trator) that do not require the presence of man if such payloads are 
consistent with the requirements of research, development, dem-
onstration, 
scientific, 
commercial, and 
educational 
programs 
authorized by the Administrator. 
(b) The Administrator shall, within six months after the date of 
enactment of this Act, submit a report to the Congress setting forth 
a plan for the implementation of the policy described in subsection 
(aXl). Such plan shall include— 
(1) details of the implementation plan; 
(2) a list of purposes that meet such policy; 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3199 
(3) a proposed schedule for the implementation of such policy; 
(4) an estimate of the costs to the United States of implement-
ing such policy; and 
(5) a process for informing the Congress in a timely and 
regular manner of how the plan is being implemented. 
(c) At least annually, the Administrator shall submit to the 
Reports. 
Congress a report certifying that the payloads scheduled to be 
launched on the space shuttle for the next four years are consistent 
with the policy set forth in subsection (aXD. For each payload 
scheduled to be launched from the space shuttle, which do not 
require the presence of man, the Administrator shall, in the cer-
tified report to Congress, state the specific circumstances which 
justified the use of the space shuttle. If, during the period between 
scheduled reports to the Congress, any additions are made to the list 
of certified payloads intended to be launched from the Shuttle, the 
Administrator shall inform the Congress of the additions and the 
reasons theiiefor within 45 days of the change. 
(d) The report described in subsection (c) shall also include those 
National Aeronautics and Space Administration payloads designed 
solely to fly on the space shuttle which have begun the phase C/D of 
its development cycle. 
SEC. 113. LIFE SCIENCES STRATEGIC PLAN. 
42 USC 2451 
"(a) FINDINGS.—The Congress finds that— 
^°^' 
(1) the current knowledge base in life sciences is not compat-
ible with the National Aeronautics and Space Administration's 
current objectives in space, and the National Aeronautics and 
- Space Administration lacks an adequate strategic plan to 
acquire a knowledge base; 
(2) it is critical to the success of manned missions in space, be 
they commercial operations of microgravity laboratories or 
manned missions to Mars, that a realistic appraisal of the 
influences of the space environment on biological systems is 
completed and appropriate protective countermeasures devel-
oped; 
(3) the space station is rapidly approaching design maturity 
without a corresponding development of the physiological and 
other human factors knowledge base necessary for long-term 
manned operations in space; and 
(4) space station laboratory hardware specifications are being 
fixed before fully establishing the objectives and requirements 
for life sciences research. 
(b) STRATEGIC PLAN.—The Administration shall— 
(1) review currently proposed manned space flight missions in 
order to— 
(A) identify the physiological and other human factors 
knowledge base necessary to determine the human capacity 
to adapt to and perform effectively in the space environ-
ment according to mission requirements, including identify-
ing which life sciences parameters must be measured and 
which technologies, processes, and procedures must be 
developed; and 
(B) develop a schedule indicating when specific compo-
nents of information, technologies, processes, or procedures 
identified under subparagraph (A) will need to be acquired 
or developed in order to verify that human adaptability 
104 STAT. 3200 
PUBLIC LAW 101-611—NOV. 16, 1990 
requirements of manned space flight missions can be 
achieved; 
(2) develop a strategy plan for life sciences research and 
technology development sufficient to accomplish the life sci-
ences knowledge base acquisition schedule developed under 
paragraph (1)(B), including— 
(A) a crew certification plan setting acceptable crew 
conditioning standards for Extended Duration Orbiter oper-
ations and verifying countermeasures sufficient to meet 
those standards before actual Extended Duration Orbiter 
operations; and 
(B) a life sciences implementation plan for the design and 
development of the space station, to be provided as part of 
the Preliminary Design Review for the space station, and to 
include crew adaptability standards; and 
(3) verify the physiological and technical feasibility of the life 
sciences implementation plan developed under paragraph (2)(B), 
as part of the Critical Design Review for the space station. 
42 use 2471 
SEC. 114. STUDY ON INTERNATIONAL 
COOPERATION 
IN PLANETARY 
note. 
EXPLORATION. 
(a) FINDINGS.—The Congress finds that— 
(1) the President on July 20, 1989, established the long-range 
goal of establishing a lunar base, followed by manned explo-
ration of Mars in the early twenty-first century; 
(2) the United States and the Soviet Union, in cooperation 
with other countries, are currently planning further unmanned 
missions to the Moon and to Mars with the possible goal of 
landing a human on Mars; 
(3) a series of international missions to expand human pres-
ence beyond Earth orbit would further a spirit of, and follow 
through on the commitment made in, the 1987 agreement be-
tween the Soviet Union and the United States for space coopera-
tion, as well as the successful cooperative agreements the 
United States has pursued with over one hundred countries 
since its inception, including the agreement with Japan, 
Canada, and the European countries for Space Station Freedom; 
(4) international manned missions beyond Earth orbit could 
further encourage a cooperative approach in world affairs unre-
lated to activities in space; 
(5) international manned missions beyond Earth orbit could 
save the individual nations involved tens of billions of dollars 
over national missions; and 
(6) a multilateral effort for manned missions to establish a 
lunar colony, a Mars mission, and any other missions that have 
the goal of establishing human presence beyond Earth's orbit 
and possibly landing a human on Mars would lead to greater 
understanding of our universe and greater sensitivity to our 
own planet. 
0?) STUDY.—The National Space Council shall conduct a study on 
International Cooperation in Planetary Exploration (hereafter in 
this section referred to as the "study"), 
(c) PURPOSE OF STUDY.—The purpose of the study is— 
(1) to develop an inventory of technologies and intentions of 
all national space agencies with regard to lunar and planetary 
exploration, both manned and unmanned; 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3201 
(2) to seek ways, through direct communication wdth appro-
priate officials of other nations or otherwise, to enhance the 
planning and exchange of information and data among the 
United States, the Soviet Union, European countries, Canada, 
Japan, and other interested countries with respect to unmanned 
projects beyond Earth orbit, in anticipation of later inter-
national manned missions to the Moon and to other bodies, 
including the possible goal of an international manned mission 
to Mars; 
(3) to prepare a detailed proposal that most efficiently uses 
the resources of the national space agencies in cooperative 
endeavors to establish human presence beyond Earth orbit; 
(4) to develop priority goals that accomplish unmet needs that 
could not be achieved by any individual country; 
(5) to explore the possibilities of international unmanned 
probes to the Moon and Mars, and the possibilities for inter-
national manned missions beyond Earth's orbit; and 
(6) to devise strategies for such cooperation that would pre-
vent the unwanted transfer of technology. 
In developing the inventory under paragraph (1), and in preparing 
the detailed proposal under paragraph (3), consideration shall be 
given to the potential contributions of commercial providers of space 
goods and services. 
(d) REPORT.—The National Space Council shall, within one year 
after the date of the enactment of this Act, prepare and submit to 
Congress a report— 
(1) outlining a preliminary strategy for cooperation among 
the United States, the Soviet Union, European countries, 
Canada, Japan, and other interested countries, based on their 
respective national strengths, with respect to unmanned 
projects beyond Earth orbit, in anticipation of later inter-
national manned missions to the Moon and to other bodies, 
including the possible goal of an international manned mission 
to Mars; 
(2) including a conceptual design of a possible international 
manned mission, in coordination with the preliminary strategy 
referred to in paragraph (1), with target dates and a breakdown 
of responsibilities by nation; 
(3) containing an inventory of planned and anticipated mis-
sions, manned and unmanned, that are being considered by 
national space agencies and commercial providers of space 
goods and services; and 
(4) containing an inventory of space exploration technologies 
that either— 
(A) are not immediately available in the United States 
but are available from other nations; or 
(B) are available in the United States but are available 
from other nations in equal or superior form. 
SEC. 115. OFFICE OF SPACE COMMERCE. 
(a) AUTHORIZATION.—There are authorized to be appropriated to 
the Secretary of Commerce for the Office of Space Commerce, 
$487,000 for fiscal year 1991. 
(b) REPORT TO CONGRESS.—Commencing in fiscal year 1992, and 
every fiscal year thereafter, the Secretary of Commerce shall submit 
to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science, Space, and Technology of the 
United States. 
Union of Soviet 
Socialist 
Republics. 
Canada. 
Japan. 
European 
countries. 
15 u s e 1535. 
104 STAT. 3202 
PUBLIC LAW 101-611—NOV. 16, 1990 
House of Representatives a report of the activities of the Office of 
Space Commerce, including planned programs and expenditures. 
42 use 2451 
SEC. 116. NATIONAL AERO-SPACE PLANE PROGRAM. 
note. 
(a) NATIONAL AERO-SPACE PLANE PROGRAM.—The Secretary of 
Defense (hereafter in this section referred to as the "Secretary") and 
the Administrator shall jointly pursue on a high priority basis a 
National Aero-Space Plane program whose objective shall be the 
development and demonstration, by 1997, of a primarily air breath-
ing single-stage-to-orbit and long range hypersonic cruise research 
flight vehicle. The program shall be a research program, and to the 
extent practicable technological information developed shall be 
transferred to the military and to the domestic civil aviation and 
other private industries. 
(b) MANAGEMENT PLAN.— 
(1) The Secretary and the Adminstrator shall jointly develop a 
management plan for the program established under subsection 
(a), which shall include goals, major tasks, anticipated sched-
ules, organizational structure, funding profiles, details of the 
respective responsibilities of the Secretary and the Adminis-
trator, and resource procurement strategies. 
(2) The management plan developed pursuant to paragraph 
(1) shall be submitted to the Congress within 120 days after the 
date of enactment of this Act. 
SEC. 117. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS. 
(a) AUTHORIZATION.—Section 24 of the Commercial Space Launch 
Act (49 U.S.C. App. 2623) is amended by adding at the end thereof 
the following: "There are authorized to be appropriated to the 
Secretary to carry out this Act $4,517,000 for fiscal year 1991, of 
which $250,000 shall be made available for the provision of launch 
services for eligible satellites in accordance with section 6 of the 
Commercial Space Launch Act Amendments of 1988.". 
(b) ACQUISITION BY STATE GOVERNMENTS.—Section 15(a) of the 
Commercial Space Launch Act (49 U.S.C. App. 2614(a)) is amended 
by inserting "and State governments" after "by the private sector". 
(c) CONGRESSIONAL FINDINGS.—Section 2 of the Commercial Space 
Launch Act (49 U.S.C. App. 2601) is amended— 
(1) by striking "and" at the end of paragraph (6); 
(2) by striking the period at the end of paragraph (7) and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end the following new paragraphs; 
"(8) space transportation, including the establishment and 
operation of launch sites and complementary facilities, the 
provision of launch services, the establishment of support facili-
ties, and the provision of support services, is an important 
element of the Nation's transportation system, and in connec-
tion with the commerce of the United States there is a need to 
develop a strong space transportation infrastructure with 
significant private sector involvement; and 
Inter- 
"(9) the participation of State governments in encouraging 
governmental 
^^d facilitating private sector involvement in space-related 
relations. 
activity, particularly through the establishment of space 
transportation-related infrastructure, including launch sites, 
complementary facilities, and launch site support facilities, is in 
the national interest and is of significant public benefit.". 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3203 
(d) CONGRESSIONAL STATEMENT OF PURPOSE.—Section 3 of 
the 
Commercial Space Launch Act (49 U.S.C. App. 2602) is amended— 
(1) by striking "and" at the end of paragraph (2); 
(2) by striking the period at the end of paragraph (3) and 
inserting in lieu thereof "; and"; and 
(3) by inserting at the end the following new paragraph: 
"(4) to facilitate the strengthening and expansion of the 
United States space transportation infrastructure, including the 
enhancement of United States launch sites, as well £is launch 
site support facilities, with Federal, State, and private sector 
involvement, to support the full range of United States space-
related activities.". 
(e) GENERAL RESPONSIBILITIES OF SECRETARY.—Section 5(a) of the 
Commercial Space Launch Act (49 U.S.C. App. 2604(a)) is amended— 
(1) by striking "and" at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) and 
inserting in lieu thereof "; and"; 
(3) by adding at the end the following new paragraph: 
"(3) work to facilitate private sector involvement in commer-
cial space transportation activity, and to promote public-private 
partnerships involving the Federal Government, State govern-
ments, and the private sector to build, expand, modernize, or 
operate space launch infrastructure.". 
SEC. 118. SPACE DEBRIS. 
(a) FINDINGS.—The Congress finds that— 
(1) if space users fail to act soon to reduce their contribution 
to debris in space, orbital debris could severely restrict the use 
of some orbits within a decade; 
(2) the lack of adequate data on the orbital distribution and 
size of debris will continue to hamper efforts to reduce the 
threat that debris poses to spacecraft; and 
(3) existing international treaties and agreements are inad-
equate for minimizing the generation of orbital debris or 
controlling its effects. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that the goal 
of United States policy should be that— 
(1) the space related activities of the United States should be 
conducted in a manner that does not increase the amount of 
orbital space debris; and 
(2) the United States should engage other spacefaring Nations 
to develop an agreement on the conduct of space activities that 
ensures that the amount of orbital space debris is not increased. 
SEC. 119. SUPPORT FOR SPACE SHUTTLE ORBITER PRODUCTION LINE. 
The Administrator is authorized to expend excess funds appro-
priated for orbiter production under section 101(g) of the joint 
resolution entitled "Joint Resolution making continuing appropria-
tions for the fiscal year 1987, and for other purposes" (100 Stat. 
3341-242) to maintain the space shuttle orbiter production line and 
related production lines of orbiter subcontractors. 
SEC. 120. INDUSTRIAL APPLICATION CENTERS. 
In any agreement entered into by the National Aeronautics and 
Space Administration for an Industrial Application Center, the 
center shall be allowed to retain all client income without any 
Inter-
governmental 
relations. 
Inter-
governmental 
relations. 
104 STAT. 3204 
PUBLIC LAW 101-611—NOV. 16, 1990 
deductions from appropriated funds received or to be received by 
that center. 
SEC. 121. USERS' ADVISORY GROUP. 
(a) EsTABUSHMENT.—(1) The National Space Council shall estab-
lish a Users' Advisory Group composed of non-Federal representa-
tives of industries and other persons involved in aeronautical and 
space activities. 
(2) The Vice President shall name a chairman of the Users' 
Advisory Group. 
(3) The National Space Council shall from time to time, but not 
less than once a year, meet with the Users' Advisory Group. 
(4) The function of the Users' Advisory Group shall be to ensure 
that the interests of industries and other non-Federal entities in-
volved in space activities, including in particular commercial enti-
ties, are adequately represented in the National Space Council. 
(5) The Users' Advisory Group may be assisted by personnel 
detailed to the National Space Council. 
(b) EXEMPTION.—The Users' Advisory Group shall not be subject 
to section 14(a)(2) of the Federal Advisory Committee Act. 
SEC. 122. SCIENTIFIC BALLOON LAUNCH SITE. 
The Administrator may purchase approximately 8 acres within 
section 16, Township 3 North, Range 26 East, N.M.P.M., De Baca 
County, New Mexico, to use as a balloon launching facility. 
SEC. 123. PEACEFUL USES OF SPACE STATION. 
No civil space station authorized under section 103(a)(1) of this Act 
may be used to carry or place in orbit any nuclear weapon or any 
other weapon of mass destruction, to install any such weapon on any 
celestial body, or to station any such weapon in space in any other 
manner. This civil space station may be used only for peaceful 
purposes. 
SEC. 124. SMALL BUSINESS INNOVATION RESEARCH PROGRAM. 
The Administrator may utilize up to 5 percent of the funds 
provided for the Small Business Innovation Research Program for 
program management and promotional activities. 
SEC. 125. PROPULSION STRATEGIC ASSESSMENT. 
By July 1, 1991, the Administrator shall submit to the Committee 
on Science, Space, and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate an assessment by the National Research Council of the 
requirements, benefits, technological feasibility, and roles of Earth-
to-orbit propulsion system options that could be developed in sup-
port of the national space program including the assembly and 
operation of the Space Station and potential space activities beyond 
the year 2000. 
SEC. 126. NATIONAL CIVIL REMOTE-SENSING ADVISORY COMMITTEE. 
Not later than 90 days after the date of enactment of this Act, the 
Director of the Office of Science and Technology Policy shall report 
to the Congress on the advisability of establishing a permanent 
National Civil Remote-Sensing Advisory Committee. 'The report 
should address concerns related to national security, conflict of 
interest, and duplication of existing authorities. In preparing the 
report, the Director shall assess the effectiveness of a National Civil 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3205 
Remote-Sensing Advisory Committee comprised of interested pri-
vate-sector persons (including remote-sensing data users, data 
vendors, technology developers, system operators, information 
management and telecommunications specialists, and social sci-
entists) which would— 
(1) provide advice and policy recommendations to the Presi-
dent, the President's Science Advisor, the National Aeronautics 
and Space Administration, the National Oceanic and At-
mospheric Administration, and relevant committees of the Con-
gress on the development of a national civil remote-sensing 
policy that would be responsive to both user needs and global 
developments, in terms o
f
— 
(A) coordinating land, oceanic, and atmospheric remote-
sensing systems, including ground stations; 
(B) coordinating research and development, applications, 
and commercial remote-sensing activities; 
(C) fostering effective integration of satellite, aerial, and 
in situ data; and 
(D) assessing current institutional arrangements for the 
management, exploitation, and sharing of both real-time 
and archived data; 
(2) provide recommendations on the conduct of cooperative 
test and applications demonstration projects designed to 
manage environmental pollution and the use of natural re-
sources; and 
(3) coordinate with the United States Global Change Research 
Program on issues of mutual concern. 
SEC. 127. DEFINITION. 
For purposes of this title, the term "Administrator" means the 
Administrator of the National Aeronautics and Space Administra-
tion. 
42 use 2465a 
note. 
TITLE II—LAUNCH SERVICES PURCHASE ^SL^ATt'of 
1990. 
42 use 2451 
SEC. 201. SHORT TITLE. 
This title may be cited as the 
1990". 
SEC. 202. FINDINGS. 
'Launch Services Purchase Act of 
The Congress finds that— 
(1) the United States commercial launch industry is tech-
nically capable of providing reliable and cost efficient access to 
space and is an essential component of national efforts to assure 
access to space for Government and commercial users; 
(2) the Federal Government should encourage, facilitate, and 
promote the United States commercial launch industry, includ-
ing the development and enhancement of commercial launch 
facilities, in order to ensure United States economic pre-
eminence in space; 
(3) the interests of the United States will be served if the 
commercial launch industry is competitive in the international 
marketplace; 
(4) commercial vehicles are effective means to challenge for-
eign competition; 
note. 
42 u s e 2465b. 
104 STAT. 3206 
PUBLIC LAW 101-611—NOV. 16, 1990 
(5) the use by the Federal Government of performance specifi-
cally in lieu of detailed specifications relating to vehicle design, 
construction, and operation will facilitate the efficient operation 
of the United States commercial launch industry; 
(6) the procurement of commercial launch services in a 
commercially reasonable manner permits a reduced level of 
Federal Government regulation and oversight and economies of 
scale which may result in significant cost savings to the 
commercial launch industry and to the United States. 
(7) it is the general policy of the Federal Government to 
purchase needed goods and services, including launch services, 
from the private sector to the fullest extent feasible; and 
(8) predictable access to National Aeronautics and Space 
Administration launch markets would encourage continuing 
United States private sector investment in space and related 
activities. 
42 use 2465c. 
SEC. 203. DEFINITIONS. 
For the purposes of this title— 
(1) the term "commercial provider" means any person provid-
ing launch services, but does not include the Federal Govern-
ment; 
(2) the term "launch services" means activities involved in 
the preparation of a launch vehicle and its payload for space 
transport and the conduct of transporting a payload; 
(3) the term "launch vehicle" means any vehicle constructed 
for the purpose of operating in, or placing a payload in, outer 
space; and 
(4) the term "payload" means an object which a person 
undertakes to place in outer space by means of a launch vehicle, 
and includes subcomponents of the launch vehicle specifically 
designed or adapted for that object. 
42 u s e 2465d. 
SEC. 204. REQUIREMENT TO PROCURE COMMERCIAL LAUNCH SERVICES. 
(a) IN GENERAL.—Except as otherwise provided in this section, the 
National Aeronautics and Space Administration shall purchase 
launch services for its primary pay 
loads from commercial providers 
whenever such services are required in the course of its activities. 
(b) EXCEPTIONS.—The National Aeronautics and Space Adminis-
tration shall not be required to purchase launch services as provided 
in subsection (a) if, on a case by case basis the Administrator of the 
National Aeronautics and Space Administration determines that— 
(1) the payload requires the unique capabilities of the space 
shuttle; 
(2) cost effective commercial launch services to meet specific 
mission requirements are not reasonably available and would 
not be available when required; 
(3) the use of commercial launch services poses an unaccept-
able risk of loss of a unique scientific opportunity; or 
(4) the payload serves national security or foreign policy 
purposes. 
Upon any such determination, the Administrator shall, within 30 
days, notify in writing the Committee on Science, Space, and Tech-
nology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate of the deter-
mination and its rationale. 
PUBLIC LAW 101-611—NOV. 16, 1990 
104 STAT. 3207 
(c) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION LAUNCH 
VEHICLES.—Launch vehicles shall be acquired or owned by the 
National Aeronautics and Space Administration only— 
(1) as required under circumstances described in subsection 
(b);or 
(2) by the National Aeronautics and Space Administration for 
conducting research and development on, and testing of, launch 
technology. 
(d) PHASE-IN PERIOD.—Subsections (a) and (c) shall not apply to 
launch services and launch vehicles purchased by the National 
Aeronautics and Space Administration before the date of enactment 
of this Act. 
(e) HISTORICAL PURPOSES.—This title shall not be interpreted to 
prohibit the National Aeronautics and Space Administration from 
acquiring, owning, or maintaining launch vehicles solely for histori-
cal display purposes. 
SEC. 
2
0
5
. 
PURCHASE 
OF 
LAUNCH 
SERVICES. 
(a) FULL AND OPEN COMPETITION.—(1) Contracts to provide launch 
services to the National Aeronautics and Space Administration 
under section 204 shall be awarded on the basis of full, fair, and 
open competition, consistent with section 2304 of title 10, United 
States Code, and section 311 of the National Aeronautics and Space 
Act of 1958. 
(2) The National Aeronautics and Space Administration shall 
limit its requirements for submission of cost or pricing data in 
support of a bid or proposal to that data which is reasonably 
required to protect the interests of the United States. 
(b) SPECIFICATION SYSTEMS.—Reasonable performance specifica-
tions, not detailed Government design or construction specifications, 
shall be used to the maximum extent feasible to define requirements 
for a commercial provider bidding to provide launch services. This 
subsection shall not preclude the National Aeronautics and Space 
Administration from requiring compliance with applicable safety 
standards. 
SEC. 206. OTHER ACTIVITIES OF THE NATIONAL AERONAUTICS AND 
SPACE ADMINISTRATION. 
(a) COMMERCIAL PAYLOADS ON THE SPACE SHUTTLE.—Commercial 
payloads may not be accepted for launch as primary payloads on the 
space shuttle unless the Administrator of the National Aeronautics 
and Space Administration determines that— 
(1) the payload requires the unique capabilities of the space 
shuttle; or 
(2) launching of the payload on the space shuttle is important 
for either national security or foreign policy purposes. 
(h) REPORT.—By March 15, 1991, the Administrator, in consulta-
tion with the Office of Federal Procurement Policy, shall submit to 
the Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report outlining the minimal 
requirements for documentation and other administrative data 
needed to procure launch services in a commercially reasonable 
manner, including— 
(1) the need for data to integrate a payload with a launch 
vehicle; 
42 use 2465e. 
Government 
contracts. 
42 use 2465f. 
104 STAT. 3208 
PUBLIC LAW 101-611—NOV. 16, 1990 
(2) the need for data to carry out mission-specific modifica-
tions to the launch vehicle; 
(3) the need for notification to the National Aeronautics and 
Space Administration of changes, delays, or difficulties in the 
construction or preparation of a launch vehicle that may affect 
the delivery of its payload to its destination at the time and 
under the conditions provided for under the contract between 
the United States and its contractors; 
(4) the need for data to protect public health and safety; and 
(5) the need for cost or pricing data for the fulfillment of a 
contract. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—S. 2287: 
SENATE REPORTS: No. 101-455 (Comm. on Commerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 24, considered and passed Senate. 
Oct. 25, considered and passed House.