National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992
PL 102-195 (H.R.1988), enacted 12/09/1991

PUBLIC LAW 102-195—DEC. 9, 1991 
105 STAT. 1605 
Public Law 102-195 
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 Gener-
al, 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, Fiscal Year 1992". 
SEC. 2. 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) a balanced civil space science program should be funded at 
a level of at least 20 percent of the aggregate amount in the 
budget of the National Aeronautics and Space Administration 
for "Research and development" and "Space flight, control, and 
data communications"; 
(3) development of an adequate data base for life sciences in 
space will be greatly enhanced through closer scientific coopera-
tion with the Soviet Union, including active use of manned 
Soviet space stations; 
(4) the space program can make substantial contributions to 
health-related research and should be an integral part of the 
Nation's health research and development program; 
(5) Landsat data and the continuation of the Landsat system 
beyond Landsat 6 are essential to the Mission to Planet Earth 
and other long-term environmental research programs; 
(6) increased use of defense-related remote sensing data and 
data technology by civilian agencies and the scientific commu-
nity can benefit national environmental study and monitoring 
programs; 
(7) the generation of trained scientists and engineers through 
educational initiatives and academic research programs outside 
of the National Aeronautics and Space Administration is essen-
tial to the future of the United States civil space program; 
(8) the strengthening and expansion of the Nation's space 
transportation infrastructure, including the enhancement of 
launch sites and launch site support facilities, are essential to 
support the full range of the Nation's space-related activities; 
(9) the aeronautical program contributes to the Nation's 
technological competitive advantage, and it has been a key 
factor in maintaining preeminence in aviation over many dec-
ades; and 
Dec. 9,1991 
[H.R. 1988] 
National 
Aeronautics and 
Space 
Administration 
Authorization 
Act, Fiscal Year 
1992. 
42 u s e 2451 
note. 
105 STAT. 1606 
PUBLIC LAW 102-195—DEC. 9, 1991 
(10) the National Aero Space Plane program can have benefits 
to the military and civilian aviation programs from the new and 
innovative technologies developed in propulsion systems, aero-
dynamics, and control systems that could be enormous, espe-
cially for high-speed aeronautical and space flight. 
42 use 2451 
SEC. 3. POLICY. 
It is the policy of the United States that— 
(1) the Administrator of the National Aeronautics and Space 
Administration (hereinafter referred to as the "Adminis-
trator"), in planning for national programs in environmental 
study and human space flight and exploration, should ensure 
the resiliency of the space infrastructure; 
(2) a stable and balanced program of civil space science should 
be planned to minimize future year funding requirements in 
order to accommodate a steady stream of new initiatives; 
(3) any new launch system undertaken or jointly undertaken 
by the National Aeronautics and Space Administration should 
be based on defined mission and program requirements or 
national policies established by Congress; 
(4) in fulfilling the mission of the National Aeronautics and 
Space Administration to improve the usefulness, performance, 
speed, safety, and efficiency of space vehicles, the Administrator 
should establish a program of research and development to 
enhance the competitiveness and cost effectiveness of commer-
cial expendable launch vehicles; and 
(5) the National Aeronautics and Space Administration 
should 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. 
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR NASA. 
(a) RESEARCH AND DEVELOPMENT.—There is authorized to be 
appropriated to the National Aeronautics and Space Administration 
to become available October 1, 1991, for "Research and develop-
ment", for the following programs: 
(1) United States International Space Station Freedom, 
$2,028,900,000 for fiscal year 1992, of which $18,000,000 is au-
thorized for the design and development of an Assured Crew 
Return Vehicle, 
(2) Space transportation capability development, $679,800,000, 
of which $40,000,000 is authorized for propulsion technology 
development, and $10,000,000 is authorized for launch vehicle 
design studies, including single-stage-to-orbit vehicles. 
(3) Physics and astronomy, $1,104,600,000, of which $3,000,000 
is authorized for carrying out scientific programs which have 
otherwise been eliminated from the Space Station. 
(4) Life sciences, $163,900,000. 
(5) Planetary exploration, $299,300,000. 
(6) Earth science and applications, $756,600,000, of which— 
(A) $5,000,000 is authorized for the purchase of Landsat 
data at cost for global change research; 
(B) $5,000,000 is authorized for the purchase of long-lead 
parts for a follow-on to Landsat 6; 
(C) $1,000,000 is authorized for remote sensing data 
conversion; 
PUBLIC LAW 102-195—DEC. 9, 1991 
105 STAT. 1607 
(t)) $3,000,000 is authorized for a pilot study and proto-
type demonstration to convert remotely-sensed aircraft and 
satellite data into machine readable form for global change 
research; and 
(E) $2,000,000 is authorized for converting Landsat data 
collected prior to the date of enactment of this Act into a 
more durable archive medium. 
(7) Materials processing in space, $120,800,000. 
(8) Communications, $39,400,000. 
(9) Information systems, $42,000,000. 
(10) Technology utilization, $32,000,000. 
(11) Commercial use of space, $107,000,000. 
(12) Aeronautical research and technology, $591,200,000. 
' 
(13) Transatmospheric research and technology, $72,000,000. 
(14) Space research and technology, $324,800,000, of which 
$10,000,000 is authorized for a solar dynamics power research 
and technology development program, including a ground test 
of the technology, and $10,000,000 for a program of component 
technology development, validation, and demonstration directed 
at commercial launch competitiveness. 
(15) Exploration activities, $34,500,000. 
(16) Safety, reliability, and quality assurance, $33,600,000. 
(17) Tracking and data advanced systems, $22,000,000. 
(18) Academic programs, $64,600,000. 
(b) SPACE FLIGHT, CONTROL, AND DATA COMMUNICATIONS.—There 
is authorized to be appropriated to the National Aeronautics and 
Space Administration to become available October 1, 1991, for 
"Space flight, control, and data communications", for the following 
programs: 
(1) Space shuttle production and operational capability, 
$1,328,900,000, of which $375,000,000 is authorized for the Ad-
vanced Solid Rocket Motor program. 
(2) Space shuttle operations, $2,970,600,000. 
(3) Launch services, $291,900,000, amounts of which may be 
expended for the Mobile Satellite launch i
f
— 
(A) the Administrator, in consultation with the Chairman 
of the Federal Communications Commission, determines 
that uncertainties with respect to the status of the Amer-
ican Mobile Satellite Corporation as the sole Federal 
Communications Commission license holder for mobile sat-
ellite services have been resolved; and 
(B) at least 30 days prior to the obligation of any funds for Reports, 
the Mobile Satellite launch, the Administrator submits 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 report detail-
ing plans for reimbursement to the National Aeronautics 
and Space Administration for its portion of launch costs of 
the Mobile Satellite. 
(4) Space and ground network, communications, and data 
systems, $920,900,000. 
(c) CONSTRUCTION OF FACILITIES.—There is authorized to be appro-
priated to the National Aeronautics and Space Administration to 
become available October 1, 1991, for "Construction of facilities", 
including land acquisition, as follows: 
(1) Construction of Space Station Processing Facility, Ken-
nedy Space Center, $35,000,000. 
105 STAT. 1608 
PUBLIC LAW 102-195—DEC. 9, 1991 
(2) Modification 
for 
Earthquake 
Protection, 
Downey/ 
Palmdale, California, Johnson Space Center, $4,400,000. 
(3) Modifications for Safe Haven, Vehicle Assembly Building, 
High-Bay 2, Kennedy Space Center, $7,500,000. 
(4) Rehabilitation of Crawlerway, Kennedy Space Center, 
$3,000,000. 
(5) Restoration of Shuttle Landing Facility Shoulders, Ken-
nedy Space Center, $4,000,000. 
(6) Restoration of the High Pressure Gas Facility, Stennis 
Space Center, $6,500,000. 
(7) Construction of Addition for Flight Training and Oper-
ations, Johnson Space Center, $13,000,000. 
(8) Construction of Advanced Solid Rocket Motor Program 
Facilities (various locations), $100,000,000. 
(9) Modernization of Industrial Area Chilled Water System, 
Kennedy Space Center, $4,000,000. 
(10) Rehabilitation and Expansion of Communications Duct 
Banks, Kennedy Space Center, $1,400,000. 
(11) Replacement of 15 KV Load Break Switches, Kennedy 
Space Center, $1,300,000. 
(12) Repair of Site Water System, White Sands Test Facility, 
$1,300,000. 
(13) Replacement of Central Plant Chillers and Boiler, John-
son Space Center, $5,700,000. 
(14) Modifications to X-Ray Calibration Facility (XRCF), Mar-
shall Space Flight Center, $5,200,000. 
(15) Restoration and Modernization of High Voltage Distribu-
tion System, Goddard Space Flight Center, $7,000,000. 
(16) Construction of Earth Observing System Data Informa-
tion System Facility, Goddard Space Flight Center, $17,000,000. 
(17) Modernization of Main Electrical Substation, Jet Propul-
sion Laboratory, $5,500,000. 
(18) Restoration 
of Utilities, 
Wallops 
Flight 
Facility, 
$3,500,000. 
(19) Repair and Modernization of the 12-foot Pressure Wind 
Tunnel, Ames Research Center, $25,000,000. 
(20) Upgrade of Outdoor Aerodynamic Research Facility, 
Ames Research Center, $3,300,000. 
(21) Modernization of 16-foot Transonic Tunnel, Langley Re-
search Center, $3,400,000. 
(22) Modifications to the High Pressure Air System, Langley 
Research Center, $11,700,000. 
(23) Rehabilitation of Central Air System, Lewis Research 
Center, $5,600,000. 
(24) Rehabilitation of Icing Research Tunnel, Lewis Research 
Center, $2,600,000. 
(25) Construction of Data Interface Facility, White Sands Test 
Facility, $4,000,000. 
(26) Rehabilitation of Tracking and Data Relay Satellite 
System (TDRSS) Ground Terminal, White Sands Test Facility, 
$5,700,000. 
(27) Repair of facilities at various locations, not in excess of 
$1,000,000 per project, $31,700,000. 
(28) Rehabilitation and modification of facilities at various 
locations, not in excess of $1,000,000 per project, $34,800,000. 
PUBLIC LAW 102-195—DEC. 9, 1991 
105 STAT. 1609 
(29) Minor construction of new facilities and additions to 
existing facilities at various locations, not in excess of $750,000 
per project, $12,900,000. 
(30) Environmental compliance and restoration, $36,000,000. 
(31) Facility planning and design, not otherwise provided for, 
$34,000,000. 
Notwithstanding the amounts authorized in paragraphs (1) through 
(31), the total amount authorized by this subsection shall not exceed 
$430,300,000. 
(d) RESEARCH AND PROGRAM MANAGEMENT.—There is authorized 
to be appropriated to the National Aeronautics and Space Adminis-
tration to become available October 1, 1991, for "Research and 
program management", $2,422,300,000. 
(e) INSPECTOR GENERAL.—There is authorized to be appropriated to 
the National Aeronautics and Space Administration to become 
available October 1,1991, for "Inspector General", $14,600,000. 
(f) USE OF FUNDS FOR CERTAIN CAPITAL ITEMS AND GRANTS.—(1) 
Notwithstanding the provisions of subsection (i), appropriations au-
thorized in this Act for "Research and development" and "Space 
flight, control, and data communications" may be used— 
(A) 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 
(B) for grants to nonprofit institutions of higher education, or 
to nonprofit organizations whose primary purpose is the con-
duct of scientific research, for purchsise or construction of addi-
tional research facilities. 
(2) Title to facilities described in paragraph (1)(B) 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 under paragraph (1)(B) shall be made under such condi-
tions as the Administrator shall determine to be required to ensure 
that the United States will receive therefrom benefits adequate to 
justify the making of that grant. 
(3) None of the funds appropriated for "Research and develop-
ment" and "Space flight, control, and data communications" pursu-
ant to this Act may be used in accordance with this subsection 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 Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives of the nature, location, 
and estimated cost of such facility. 
(g) AVAILABILITY OF APPROPRIATED AMOUNTS.—Appropriations au- 
42 USC 2459a. 
thorized under this section for "Research and development", for 
"Space flight, control, and data communications", or for "Construc-
tion of facilities" may remain available until expended. Appropria-
tions authorized under this section for "Research and program 
management" for maintenance and operation of facilities and for 
other services shall remain available through the next fiscal year 
following the fiscal year for which such amount is appropriated, 
(h) USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS AND EXTRAOR-
DINARY EXPENSES.—Appropriations made pursuant to subsection (d) 
may be used, but not to exceed $35,000, for scientific consultations or 
extraordinary expenses upon the approval or authority of the 
105 STAT. 1610 
PUBLIC LAW 102-195—DEC. 9, 1991 
Administrator, and the Administrator's determination shall be final 
and conclusive upon the accounting officers of the Government. 
(i) USE OF FUNDS FOR FACILITIES.—(1) Except as provided in subsec-
tion (f), funds appropriated pursuant to subsections (a), (b), and (d) 
may be used for the construction of new facilities and additions to, 
repair of, rehabilitation of, or modification of existing facilities, but 
only if the cost of each such project, including collateral equipment, 
does not exceed $200,000. 
(2) Except as provided in subsection (f), funds appropriated pursu-
ant to subsections (a) and (b) may be used for unforeseen pro-
grammatic facility project needs, but only if the cost of each such 
project, including collateral equipment, does not exceed $750,000. 
(3) Funds appropriated pursuant to subsection (d) 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. 
0') 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 amended— 
(1) by striking "$1,600,000,000" and inserting in lieu thereof 
"$1,900,000,000'^; 
(2) in clause (i), by striking the semicolon at the end and 
inserting in lieu thereof ", of which not more than $263,000,000 
shall be available for fiscal year 1992;"; and 
(3) in clause (iii), by striking "$640,000,000" and inserting in 
lieu thereof "$940,000,000". 
(k) TOTAL AUTHORIZATIONS FOR FISCAL YEARS 1993 AND 1994.— 
There is authorized to be appropriated to the National Aeronautics 
and Space Administration for "Research and development", "Space 
flight, control, and data communications", "Construction of facili-
ties", "Research and program management", and "Inspector Gen-
eral" a total amount of $15,601,000,000 for fiscal year 1993, and 
$16,959,000,000, for fiscal year 1994, to remain available until 
expended. 
(1) REPROGRAMMING FOR TRANSATMOSPHERIC RESEARCH AND TECH-
NOLOGY.—The Administrator may reprogram up to $67,000,000 of 
the amount authorized for "Research and development" for fiscal 
year 1992 to use for the purposes described in subsection (a)(13). No 
such funds may be obligated 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 transfer. 
SEC. 5. CONSTRUCTION OF FACILITIES REPROGRAMMING. 
Appropriations authorized under section 4(c) (1) through (31)— 
(1) in the discretion of the Administrator or the Administra-
tor's designee, may be varied upward by 10 percent; or 
Reports. 
(2) following a report by the Administrator or the Administra-
tor'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 
circumstances of such action, may be varied upward by 25 
percent, to meet unusual cost variations. 
The total amount authorized to be appropriated under section 4(c) 
(1) through (31) shall not be increased as a result of actions au-
thorized under paragraphs (1) and (2). 
PUBLIC LAW 102-195—DEC. 9, 1991 
105 STAT. 1611 
SEC. 6. 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 4 (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 4(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 prepara-
tion, appurtenances, utilities, and equipment. No such funds may be Reports, 
obligated until a period of 30 days has passed after the Adminis-
trator 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. 7. 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 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 Representatives; 
(2) no amount appropriated pursuant to this Act may be used 
for any program in excess of the amount actually authorized for 
that particular program by section 4 (a), 0^), and (d); and 
(3) no amount appropriated pursuant to this Act 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 or the Administra-
tor's designee containing a full and complete statement of the action 
proposed to be taken and the facts and circumstances relied upon in 
support of such proposed action. The National Aeronautics and 
Space Administration shall keep the Committee on Commerce, Sci-
ence, and Transportation of the Senate and the Committee on 
Science, Space, and Technology of the House of Representatives 
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. 
SEC. 8. FACILITY MAINTENANCE OFFICE. 
The Administrator shall create a Facility Maintenance Office 
within the Office of Management Systems and Facilities which shall 
plan and direct facilities maintenance management for all National 
Aeronautics and Space Administration sites. 
105 STAT. 1612 
PUBLIC LAW 102-195—DEC. 9, 1991 
42 use 2459. 
SEC. 9. GEOGRAPHICAL DISTRIBUTION. 
It is the sense of Congress that it is in the national interest that 
consideration be given to geographical distribution of Federal re-
search funds whenever feasible, and that the National Aeronautics 
and Space Administration should explore ways and means of distrib-
uting its research and development funds whenever feasible. 
SEC. 10. PEACEFUL USES OF SPACE STATION. 
No civil space station authorized under section 4(aXl) 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. 
42 use 2473 
SEC. 11. TRANSMISSION OF BUDGET ESTIMATES. 
The Administrator shall, at the time of submission of the Presi-
dent's annual budget, transmit to Congress— 
(1) a 5-year budget detailing the estimated development costs 
for each individual program under the jurisdiction of the Na-
tional Aeronautics and Space Administration for which develop-
ment costs are expected to exceed $200,000,000; and 
(2) an estimate of the life-cycle costs associated with each such 
program. 
SEC. 12. NATIONAL SCHOLARS PROGRAM FEASIBILITY STUDY. 
(a) STUDY.—The Administrator shall conduct a study to evaluate 
the feasibility of initiating a National Scholars Program, as de-
scribed under subsection 0?), under which a select group of students 
would receive Federal support for education in mathematics, sci-
ence, and related disciplines. The purpose of the National Scholars 
Program would be to help increase the number of Ph.D. recipients in 
mathematics, science, and related disciplines among the Nation's 
economically disadvantaged. 
Qy) DESCRIPTION OF NATIONAL SCHOLARS PROGRAM,—Under the 
National Scholars Program referred to in subsection (a), the 
Administrator would— 
(1) select economically disadvantaged high school students for 
participation in science programs supported by the National 
Aeronautics and Space Administration or other institutions 
where they would receive specialized instruction in mathe-
matics and science and would learn about practical applications 
of mathematics and science in the programs and activities of 
the National Aeronautics and Space Administration; and 
(2) select economically disadvantaged undergraduate and 
graduate students as recipients of Federal financial support for 
predoctoral and doctoral studies in mathematics, science, and 
related disciplines. 
(c) CONTENTS OF STUDY.—The study required by subsection (a) 
shall address, among other matters— 
(1) whether the National Aeronautics and Space Administra-
tion could adequately implement the National 
Scholars 
Program; 
(2) different options for structuring the National Scholars 
Program, including its establishment as a pilot program; 
(3) the cost of the Program, with annual cost estimates for the 
first 10 years of the Program; 
PUBLIC LAW 102-195—DEC. 9, 1991 
105 STAT. 1613 
(4) alternative funding sources for the Program; 
(5) the criteria for selecting students for participation in the 
Program; 
(6) the appropriate number of students for annual participa-
tion in the Program; 
(7) the organizational location within the National Aero-
nautics and Space Administration at which the Program and its 
activities would be administered; 
(8) the management of the Program; 
(9) the possible ways in which the Program or its concepts can 
be extended to other Federal agencies, State agencies, edu-
cational institutions, and private organizations; 
(10) the existence of any current public or private sector 
programs which are similar to the Program, the benefits and 
disadvantages of those similar programs, and whether a new 
program would unnecessarily duplicate current efforts; and 
(11) the extent to which existing Federal, State, and other 
science education programs and activities could be used to 
complement or supplement the Program. 
(d) REPORT.—Within 6 months after the date of enactment of this 
Act, the Administrator shall submit 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 
report on the results of the study required by subsection (a). 
SEC. 13. COMMERCIAL SPACE LAUNCH ACT AUTHORIZATION. 
Section 24 of the Commercial Space Launch Act (49 App. U.S.C. 
2623) is amended to read as follows: 
"AUTHORIZED APPROPRIATIONS 
"SEC. 24. There is authorized to be appropriated to the Secretary 
for fiscal year 1992— 
"(1) $5,104,000 to carry out this Act; and 
"(2) $20,000,000 for a program to ensure the resiliency of the 
Nation's space launch infrastructure, only if a statute is enacted 
into law to establish that program within the Department of 
Transportation.". 
SEC. 14. NATIONAL SPACE COUNCIL AUTHORIZATION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 42 USC 2471 
be appropriated to carry out the activities of the National Space "o*®-
Council established by section 501 of the Nationsd Aeronautics and 
Space Administration Authorization Act, Fiscal Year 1989 (42 U.S.C. 
2471) $1,491,000 for fiscal year 1992, of which not more than $1,000 
shall be available for official 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. 
(b) LANDSAT DATA CONTINUITY.—It is the sense of (Dongress that 
the National Space Council, in coordination with the Committee on 
Earth and Environmental Sciences, should establish policy rec-
ommendations for carrying out the President's commitment to 
maintaining the continuity of Landsat data, including plans and 
programs for a successor to Landsat 6, organizational options and 
recommendations for acquiring Landsat data for global change re-
search, national security, environmental management, and other 
105 STAT. 1614 
PUBLIC LAW 102-195—DEC. 9, 1991 
governmental purposes, and options and recommendations for 
encouraging the use of Landsat data by commercial firms and 
development of the commercial market for such data. Such policy 
recommendations shall be transmitted in writing to Congress at the 
time of submission of the President's fiscal year 1993 budget. 
SEC. 15. OFFICE OF SPACE COMMERCE AUTHORIZATION. 
There are authorized to be appropriated to the Secretary of 
Commerce for the Office of Space Commerce $491,000 for fiscal year 
1992. 
SEC. 16. AMENDMENT OF PUBLIC LAW 100-147. 
Section 107(a) of the National Aeronautics and Space Administra-
42 use 2451 
tion Authorization Act of 1988 (Public Law 100-147; 101 Stat. 864) is 
°°*«- 
amended-
(1) by inserting ", in both then year and constant dollars," 
immediately after "estimated cost"; 
(2) by inserting "assembly (including related costs);" imme-
diately after "construction of facilities;"; and 
(3) by adding at the end the following new sentence: "Each 
such plan shall also include the estimated cost, in both then 
year and constant dollars, of operations for at least the first full 
year of steady operations of the space station.". 
SEC. 17. MULTIYEAR CONTRACTING. 
Along with submission to Congress of the National Aeronautics 
and Space Administration fiscal year 1993 budget request, the 
Administrator shall— 
(1) present a study which assesses the usefulness of granting 
similar authority as under section 2306(h) of title 10, United 
States Code, to the National Aeronautics and Space Administra-
tion; and 
(2) recommend no less than five candidate programs to be 
considered by Congress for multiyear contracting. 
SEC. 18. USE OF DOMESTIC PRODUCTS. 
(a) PROHIBITION AGAINST FRAUDULENT USE OF "MADE IN AMERICA" 
LABELS.—(1) A person shall not intentionally affix a label bearing 
the inscription "Made in America", or any inscription with that 
meaning, to any product sold in or shipped to the United States, if 
that product is not a domestic product. 
(2) A person who violates paragraph (1) shall not be eligible for 
any contract for a procurement carried out with amounts authorized 
under this Act, including any subcontract under such a contract. 
(b) COMPUANCE WITH BUY AMERICAN ACT.—(1) Except as provided 
in paragraph (2), the head of each sigency which conducts procure-
ments shall ensure that such procurements are conducted in compli-
ance with sections 2 through 4 of the Act of March 3,1933 (41 U.S.C. 
10a through 10c, popularly known as the "Buy 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. 
PUBLIC LAW 102-195—DEC. 9, 1991 
105 STAT. 1615 
(3) The Administrator, before January 1, 1994, shall report to the Reports. 
Congress on procurements covered under this subsection of products 
that are not domestic products. 
(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. 
SEC. 19. QUALITY ASSURANCE PERSONNEL. 
» 
42 USC 2459e. 
(a) EXCLUSION OF NASA PERSONNEL.—A person providing articles 
to the National Aeronautics and Space Administration under a 
contract entered into after the date of enactment of this Act may 
not exclude National Aeronautics and Space Administration quality 
assurance personnel from work sites except as provided in a con-
tract provision described in subsection (b). 
OD) CONTRACT PROVISIONS.—The National Aeronautics and Space 
Administration shall not enter into any contract which permits the 
exclusion of National Aeronautics and Space Administration qusdity 
assurance personnel from work sites unless the Administrator has 
submitted a copy of the provision permitting such exclusion to the 
Congress at least 60 days before entering into such contract. 
SEC. 20. NATIONAL 
AERONAUTICS 
AND 
SPACE 
ADMINISTRATION 42 USC 2467a. 
ENDEAVOR TEACHER FELLOWSHIP TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury of the 
United States, in tribute to the dedicated crew of the Space Shuttle 
Challenger, a trust fund to be known as the "Nationsd Aeronautics 
and Space Administration Endeavor Teacher Fellowship Trust 
Fund" (hereafter in this section referred to £is the "Trust Fund"). 
The Trust Fund shall consist of gifts and donations accepted by the 
National Aeronautics and Space Administration pursuant to section 
208 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 
2476b), as well as other amounts which may from time to time, at 
the discretion of the Administrator, be transferred from the Na-
tional Aeronautics and Space Administration Gifts and Donations 
Trust Fund. 
(b) INVESTMENT OF TRUST FUND.—The Administrator shall direct 
the Secretary of the Treasury to invest and reinvest funds in the 
Trust Fund in public debt securities with maturities suitable for the 
needs of the Trust Fund, and bearing interest at rates determined 
by the Secretary of the Treasury, taking into consideration the 
current average market yield on outstanding marketable obligations 
of the United States of comparable maturities. Interest earned shall 
be credited to the Trust Fund. 
(c) PURPOSE.—Income accruing from the Trust Fund principal 
shall be used to create the National Aeronautics and Space Adminis-
tration Endeavor Teacher Fellowship Program, to the extent pro-
vided in advance in appropriation Acts. The Administrator is 
authorized to use such funds to award fellowships to selected United 
States nationals who are undergraduate students pursuing a course 
of study leading to certified teaching degrees in elementary edu-
cation or in secondary education in mathematics, science, or tech-
nology disciplines. Awards shall be made pursuant to standards 
established for the fellowship program by the Administrator. 
Gifts and 
property. 
105 STAT. 1616 
PUBLIC LAW 102-195—DEC. 9, 1991 
Civil Space 
Emfdoyee 
Tesung Act of 
1991. 
42 use 2473c. 
Regulations. 
SEC. 21. DRUG AND ALCOHOL TESTING. 
(a) SHORT TITLE.—This section may be cited as the "Civil Space 
Employee Testing Act of 1991". 
(b) FINDINGS.—The Congress finds that— 
(1) alcohol abuse and illegal drug use pose significant dangers 
to the safety and welfare of the Nation; 
(2) the success of the United States civil space program is 
contingent upon the safe and successful development and 
deployment of the many varied components of that program; 
(3) the greatest efforts must be expended to eliminate the 
abuse of alcohol and use of illegal drugs, whether on duty or off 
duty, by those individuals who are involved in the positions 
affecting safety, security, and national security; 
(4) the use of alcohol and illegal drugs has been demonstrated 
to adversely affect the performEince of individuals, and has been 
proven to have been a critical factor in accidents in the work-
place; 
(5) the testing of uniformed personnel of the Armed Forces 
has shown that the most effective deterrent to abuse of alcohol 
and use of illegal drugs is increased testing, including random 
testing; 
(6) adequate safeguards can be implemented to ensure that 
testing for abuse of alcohol or use of illegal drugs is performed 
in a manner which protects an individusd's right of privacy, 
ensures that no individual is harassed by being treated dif-
ferently from other individuals, and ensures that no individ-
ual's reputation or career development is unduly threatened or 
harmed; and 
(7) rehabilitation is a critical component of any testing pro-
gram for abuse of alcohol or use of illegal drugs, and should be 
made available to individuals, as appropriate. 
(c) TESTING PROGRAM.—(1) The Administrator shall establish a 
program applicable to employees of the National Aeronautics and 
Space Administration whose duties include responsibility for safety-
sensitive, security, or national security functions. Such program 
shall provide for preemployment, reasonable suspicion, random, and 
post-accident testing for use, in violation of applicable law or Fed-
eral regulation, of alcohol or a controlled substance. The Adminis-
trator may also prescribe regulations, as the Administrator 
considers appropriate in the interest of safety, security, and national 
security, for the conduct of periodic recurring testing of such 
employees for such use in violation of applicable law or Federal 
regulation. 
(2) The Administrator shall, in the interest of safety, security, and 
national security, prescribe regulations within 18 months after the 
date of enactment of this Act. Such regulations shall establish a 
program which requires National Aeronautics and Space Adminis-
tration contractors to conduct preemployment, reasonable suspicion, 
random, and post-accident testing of contractor employees respon-
sible for safety-sensitive, security, or national security functions (as 
determined by the Administrator) for use, in violation of applicable 
law or Federal regulation, of alcohol or a controlled substance. The 
Administrator may also prescribe regulations, as the Administrator 
considers appropriate in the interest of safety, security, and national 
security, for the conduct of periodic recurring testing of such 
PUBLIC LAW 102-195—DEC. 9, 1991 
105 STAT. 1617 
employees for such use in violation of applicable law or Federal 
regulation. 
(3) In prescribing regulations under the programs required by this 
subsection, the Administrator shall require, as the Administrator 
considers appropriate, the suspension, disqualification, or dismissal 
of any employee to which paragraph (1) or (2) applies, in accordance 
with the provisions of this section, in any instance where a test 
conducted and confirmed under this section indicates that such 
employee has used, in violation of applicable law or Federal regula-
tion, alcohol or a controlled substance. 
(d) PROHIBITION ON SERVICE.—(1) No individual who is determined 
by the Administrator under this section to have used, in violation of 
applicable law or Federal regulation, alcohol or a controlled sub-
stance after the date of enactment of this Act shall serve as a 
National Aeronautics and Space Administration employee with 
responsibility for safety-sensitive, security, or national security func-
tions (as determined by the Administrator), or as a National Aero-
nautics and Space Administration contractor employee with such 
responsibility, unless such individual has completed a program of 
rehabilitation described in subsection (e). 
(2) Any such individual determined by the Administrator under 
this section to have used, in violation of applicable law or Federal 
regulation, alcohol or a controlled substance after the date of enact-
ment of this Act who— 
(A) engaged in such use while on duty; 
(B) prior to such use had undertaken or completed a re-
habilitation program described in subsection (e); 
(C) following such determination refuses to undertake such a 
rehabilitation program; or 
(D) following such determination fails to complete such a 
rehabilitation program, 
shall not be permitted to perform the duties which such individual 
performed prior to the date of such determination. 
(e) PROGRAM FOR REHABIUTATION.—(1) The Administrator shall Regulations, 
prescribe regulations setting forth requirements for rehabilitation 
programs which at a minimum provide for the identification and 
opportunity for treatment of employees referred to in subsection (c) 
in need of assistance in resolving problems with the use, in violation 
of applicable law or Federal regulation, of alcohol or a controlled 
substance. Each contractor is encouraged to make such a program 
available to all of its employees in addition to those employees 
referred to in subsection (cX2). The Administrator shall determine 
the circumstances under which such employees shall be required to 
participate in such a program. Nothing in this subsection shall 
preclude any National Aeronautics and Space Administration con-
tractor from establishing a program under this subsection in co-
operation with any other such contractor. 
(2) The Administrator shall establish and maintain a rehabilita-
tion program which at a minimum provides for the identification 
and opportunity for treatment of those employees of the National 
Aeronautics and Space Administration whose duties include respon-
sibility for safety-sensitive, security, or national security functions 
who are in need of assistance in resolving problems with the use of 
alcohol or controlled substances. 
(f) PROCEDURES FOR TESTING.—In establishing the programs re-
quired under subsection (c), the Administrator shall develop require-
ments which shall— 
105 STAT. 1618 
PUBLIC LAW 102-195—DEC. 9, 1991 
(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimen samples; 
(2) with respect to laboratories and testing procedures for 
controlled substances, incorporate the Department of Health 
and Human Services scientific and technical guidelines dated 
April 11,1988, and any subsequent amendments thereto, includ-
ing mandatory guidelines which— 
(A) establish comprehensive standards for all aspects of 
laboratory controlled substances testing and laboratory 
procedures to be applied in carrying out this section, includ-
ing standards which require the use of the best available 
technology for ensuring the full reliability and accuracy of 
controlled substances tests and strict procedures governing 
the chain of custody of specimen samples collected for 
controlled substances testing; 
(B) establish the minimum list of controlled substances 
for which individuals may be tested; and 
(C) establish appropriate standards and procedures for 
periodic review of laboratories and criteria for certification 
and revocation of certification of laboratories to perform 
controlled substances testing in carrying out this section; 
(3) require that all laboratories involved in the controlled 
substances testing of any individual under this section shall 
have the capability and facility, at such laboratory, of perform-
ing screening and confirmation tests; 
(4) provide that all tests which indicate the use, in violation of 
applicable law or Federal regulation, of alcohol or a controlled 
substance by any individual shall be confirmed by a scientif-
ically recognized method of testing capable of providing quan-
titative data regarding alcohol or a controlled substance; 
(5) provide that each specimen sample be subdivided, secured, 
and labelled in the presence of the tested individual and that a 
portion thereof be retained in a secure manner to prevent the 
possibility of tampering, so that in the event the individual's 
confirmation test results are positive the individual has an 
opportunity to have the retained portion assayed by a confirma-
tion test done independently at a second certified laboratory if 
the individual requests the independent test within 3 days after 
being advised of the results of the initial confirmation test; 
(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations as may 
be necessary and in consultation with the Department of Health 
and Human Services; 
(7) provide for the confidentiality of test results and medical 
information of employees; and 
(8) ensure that employees are selected for tests by nondiscrim-
inatory and impartial methods, so that no employee is harassed 
by being treated differently from other employees in similar 
circumstances. 
(g) EFFECT ON OTHER LAWS AND REGULATIONS.—(1) No State or 
local government shall adopt or have in effect any law, rule, regula-
tion, ordinance, standard, or order that is inconsistent with the 
regulations promulgated under this section. 
(2) Nothing in this section shall be construed to restrict the 
discretion of the Administrator to continue in force, amend, or 
further supplement any regulations issued before the date of enact-
PUBLIC LAW 102-195—DEC. 9, 1991 
105 STAT. 1619 
ment of this Act that govern the use of alcohol and controlled 
substances by National Aeronautics and Space Administration 
employees with responsibility for safety-sensitive, security, and na-
tional security functions (as determined by the Administrator), or by 
National Aeronautics and Space Administration contractor employ-
ees with such responsibility. 
(h) DEFINITION.—For the purposes of this section, the term "con-
trolled substance" means any substance under section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)) specified by the 
Administrator. 
Approved December 9, 1991. 
LEGISLATIVE HISTORY—H.R. 1988: 
HOUSE REPORTS: No. 102-41 (Ctomm. on Science, Space, and Technology). 
SENATE REPORTS: No. 102-97 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
May 2, considered and passed House. 
Sept. 27, considered and passed Senate, amended. 
Nov. 7, concurred in Senate amendment with an amendment. 
Nov. 22, concurred in House amendment.