An Act to authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.
PL 94-39 (H.R.4700), enacted 06/19/1975

89 STAT. 218 
PUBLIC LAW 94-39—JUNE 19, 1975 
Public Law 94-39 
94th Congress 
An Act 
June 19, 1975 
To authorize appropriations to the National Aeronautics and Space Administra-
rji n 47001 
tion for research and development, construction of facilities, and research and 
'• • • 
•' 
program management, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
National 
United States of America in Congress assembled^ That there is hereby 
Aeronautics and 
authorized to be appropriated to the National Aeronautics and Space 
|R**^? . 
Administration: 
Admmistration 
^
^
^
^ YQV "Research and development," for the following programs: 
Art 1976 
(1) Space Shuttle, $1,206,000,000; 
' 
(2) Space flight operations, $203,100,000; 
Research and 
(3) Advanced missions, $2,000,000; 
development. 
(4) Physics and astronomy, $162,800,000; 
(5) Lunar and planetary exploration, $259,900,000; 
(6) Launch vehicle procurement, $166,900,000; 
(7) Space applications, $181,530,000; 
(8) Aeronautical research and technology, $175,350,000; 
(9) Space and nuclear research and technology, $74,900,000; 
(10) Energjr technology applications, $5,900,000; 
'""^ Trackmg and data acquisition, $240,800,000; 
(llj : 
(12) Technology utilization, $8,000,000; 
Construction of 
(b) For "Construction of facilities," including land acquisition, as 
facilities. 
follows: 
(1) Modification of 11- by 11-foot transonic wind tunnel, Ames 
Research Center, $2,695,000. 
(2) Addition for composite model and metal finishing shops, 
Langley Research Center, $1,940,000; 
(3) Space shuttle facilities at various locations as follows: 
(A) Modifications to launch complex 39, John F. Kennedy 
Space Center, $13,110,000; 
(B) Construction of Orbiter processing facility, John F. 
Kennedy Space Center, $8,160,000; 
(C) Modifications for solid rocket booster processing facil-
ities, John F. Kennedy Space Center, $5,240,000; 
(D) Modifications for hypergolic checkout and refurbish-
ment facilities, John F. Kennedy Space Center, $6,940,000; 
(E) Modifications for launch equipment test facilities, 
John F. Kennedy Space Center, $1,960,000; 
(F) Construction of Orbiter approach and landing test 
facilities. Flight Research Center, and Air Force Plant #42, 
Palmdale, California, $1,680,000; 
(G) Construction of Shuttle/Carrier aircraft mating 
facilities. Flight Research Center, and Air Force Plant #42, 
Palmdale, California, $3,890,000; 
(H) Modifications for crew training facilities, Lyndon B. 
Johnson Space Center, $830,000; 
(I) Modification of the vibration and acoustic test facility, 
Lyndon B. Johnson Space Center, $2,410,000; 
(J) Modifications for solid rocket booster component manu-
facturing and assembly facilities (location to be designated), 
$3,000,000; 
PUBLIC LAW 94-39—JUNE 19, 1975 
89 STAT. 219 
(4) Modification of 40-by-80 foot subsonic wind tunnel, Ames 
Research Center, $12,500,000; 
(5) Rehabilitation and modification of facilities at various loca-
tions, not in excess of $500,000 per project, $16,000,000; 
(6) Minor construction of new facilities and additions to exist-
ing facilities at various locations, not in excess of $250,000 per 
project, $5,000,000; 
(7) Facility planning and design not otherwise provided for, 
$13,775,000. 
(c) For "Research and program management," $776,000,000, and 
Research and 
such additional or supplemental amounts as may be necessary for 
program 
increases in salary, pay, retirement, or other employee benefits author- management, 
ized by law. 
(d) Notwithstanding the provisions of subsection 1(g), appropria- Program 
tions for "Research and development" may be used (1) for any items specifications, 
of a capital nature (other than acquisition of land) which may be 
required at locations other than installations of the Administration for 
the performance of research and development contracts, and (2) for 
grants to nonprofit institutions of higher education, or to nonprofit 
organizations whose primary purpose is the conduct of scientific 
research, for purchase or construction of additional research facilities; 
and title to such facilities shall be vested in the United States unless 
the Administrator determines that the national program of aeronau-
tical and space activities will best be served by vesting title in any such 
grantee institution or organization. Each such grant shall be made 
under such conditions as the Administrator shall determine to be 
required to insure that the United States will receive therefrom benefit 
adequate to justify the making of that grant. None of the funds appro-
priated for "Research and development" pursuant to this Act may be 
used in accordance with this subsection for the construction of any 
major facility, the estimated cost of which, including collateral equip-
ment, exceeds $250,000, unless the Administrator or his designee has 
notified the Speaker of the House of Representatives and the President 
of the Senate and the Committee on Science and Technology of the 
House of Representatives and the Committee on Aeronautical and 
Space Sciences of the Senate of the nature, location, and estimated cost 
of such facility. 
(e) When so specified in an appropriation Act, (1) any amount 
appropriated for "Research and development" or for "Construction 
of facilities" may remain available without fiscal year limitation, and 
(2) maintenance and operation of facilities, and support services con-
tracts may be entered into under the "Research and program man-
agement" appropriation for periods not in excess of twelve months 
beginning at any time during tne fiscal year. 
(f) Appropriations made pursuant to subsection 1(c) may be used, 
but not to exceed $35,000, for scientific consultations of extraordinary 
expenses upon the approval or authority of the Administrator and 
his determination shall be final and conclusive upon the accounting 
officers of the Government. 
(g) Of the funds appropriated pursuant to subsections 1(a) and Limitations. 
l(c}, not in excess of $25,000 for each project, including collateral 
equipment, may be used for construction of new facilities and addi-
tions to existing facilities, and not in excess of $50,000 for each project, 
including collateral equipment, may be used for rehabilitation or 
modification of facilities: Provided, That of the funds appropriated 
pursuant to subsection 1(a), not in excess of $250,000 for each project, 
including collateral equipment, may be used for any of the foregoing 
for unforeseen programmatic needs. 
Notice to Speaker 
of the House, 
President of the 
Senate, and 
congressional 
committees. 
89 STAT. 220 
PUBLIC LAW 94-39—JUNE 19, 1975 
Construction cost 
variations. 
Report to 
congressional 
committees. 
Transfer of funds. 
Report to 
Speaker of the 
House, President 
of the Senate, 
and congressional 
committees. 
Use of funds, 
restriction. 
SEC. 2. Authorization is hereby granted whereby any of the amounts 
prescribed in paragraphs (1) through (6), inclusive, of subsection 
1 ( b ) -
(1) in the discretion of the Administrator or his designee, may 
be varied upward 10 per centum, or 
(2) following a report by the Administrator or his designee 
to the Committee on Science and Technology of the House of 
Representatives and the Committee on Aeronautical and Space 
Sciences of the Senate on the circumstances of such action, may be 
varied upward 25 per centum, 
to meet unusual cost variations, but the total cost of all work author-
ized under such paragraphs shall not exceed the total of the amounts 
specified in such paragraphs. 
SEC. 3. Not to exceed one-half of 1 per centum of the funds appropri-
ated pursuant to subsection 1(a) hereof may be transferred to the 
"Construction of facilities" appropriation, and, when so transferred, 
together with $10,000,000 of the funds appropriated pursuant to 
subsection 1(b) hereof (other than funds appropriated pursuant to 
paragraph (7) of such subsection) shall be available for expenditure 
to construct, expand, or modify laboratories and other installations 
at any location (including locations specified in subsection 1(b)), if 
(1) the Administrator determines such action to be necessary because 
of changes in the national program of aeronautical and space activi-
ties or new scientific or engineering developments, and (2) he 
determines that deferral of such action until the enactment of the next 
Authorization Act would be inconsistent with the interest of the 
Nation in aeronautical and space activities. The funds so made avail-
able may be expended to acquire, construct, convert, rehabilitate, or 
install permanent or temporary public works, including land acquisi-
tion, site preparation, appurtenances, utilities, and equipment. No 
portion of such sums may be obligated for expenditure or expended to 
construct, expand, or modify laboratories and other installations unless 
(A) a period of thirty days has passed after the Administrator or his 
designee has transmitted to the Speaker of the House of Representa-
tives and to the President of the Senate and to the Committee on 
Science and Technology of the House of Representatives and to the 
Committee on Aeronautical and Space Sciences of the Senate a written 
report containing a full and complete statement concerning (1) the 
nature of such construction, expansion, or modification, (2) the cost 
thereof including the cost of any real estate action pertaining thereto, 
and (3) the reason why such construction, expansion, or modification 
is necessary in the national interest, or (B) each such committee before 
the expiration of such period has transmitted to the Administrator 
written notice to the effect that such committee has no objection to 
the proposed action. 
SEC. 4. Notwithstanding any other provision of this Act— 
(1) no amount appropriated pursuant to this Act may be used 
for any program deleted by the Congress from requests as origi-
nally made to either the House Committee on Science and Tech-
nology or the Senate Committee on Aeronautical and Space 
Sciences, 
(2) no amounts appropriated pursuant to this Act may be used 
for any program in excess of the amount actually authorized for 
that particular program by sections 1(a) and 1(c), and 
(3) no amount appropriated pursuant to this Act may be used 
for any program which has not been presented to or requested of 
either such committee. 
PUBLIC LAW 94-39—JUNE 19, 1975 
89 STAT. 221 
unless (A) a period of thirty days has passed after the receipt by the 
Speaker of the House of Representatives and the President of the Sen-
ate and each such committee of notice given by the Administrator or 
his designee containing a full and complete statement of the action 
proposed to be taken and the facts and circumstances relied upon in 
support of such proposed action, or (B) each such committee before 
the expiration of such period has transmitted to the Administrator 
written notice to the eifect that such committee has no objection to the 
proposed action. 
SEC. 5. It is the sense of the Congress that it is in the national inter-
est that consideration be given to geographical distribution of Federal 
research funds whenever feasible, and that the National Aeronautics 
and Space Administration should explore ways and means of distrib-
uting its research and development funds whenever feasible. 
SEC. 6. The National Aeronautics and Space Administration is 
authorized, when so provided in an appropriation Act, to enter into a 
contract for tracking and data relay satellite services. Such services 
shall be furnished to the National Aeronautics and Space Administra-
tion in accordance with applicable authorization and appropriation 
Acts. The Government shall incur no costs under such contract prior 
to the furnishing of such services except that the contract may provide 
for the payment for contingent liability of the Government which may 
accrue in the event the Government should decide for its convenience 
to terminate the contract before the end of the period of the contract. 
Facilities which may be required in the performance of the contract 
may be constructed on Government-owned lands if there is included 
in the contract a provision under which the Government may acquire 
title to the facilities, under terms and conditions agreed upon in the 
contract, upon termination of the contract. 
The Administrator shall in January of each year report to the 
Committee on Science and Technology and the Committee on Appro-
priations of the House of Representatives and the Committee on 
Aeronautical and Space Sciences and the Committee on Appropri-
ations of the Senate the projected aggregate contingent liability of the 
Government under termination provisions of any contract authorized 
in this section through the next fiscal year. The authority of the 
National Aeronautics and Space Administration to enter into and to 
maintain the contract authorized hereunder shall remain in effect as 
long as provision therefor is included in Acts authorizing appropri-
ations to the National Aeronautics and Space Administration for 
subsequent fiscal years. 
SEC. 7. In addition to the amounts authorized to be appropriated 
under section 1 of this Act, there is hereby authorized to be appro-
priated to the National Aeronautics and Space Administration, to be 
available no earlier than July 1,1976 : 
(a) For "Research and development," for the programs speci-
fied in the following paragraphs, $700,600,000, of which no more 
shall be available for any such program than the amount stipulated 
(for that program) in the applicable paragraph: 
(1) Space Shuttle, $321,000,000; 
^2) Space flight operations, $55,100,000; 
(3) Advanced missions, $500,000; 
(4 J Physics and astronomy, $46,600,000; 
(6) Lunar and planetary exploration, $73,300,000; 
(6) Launch vehicle procurement, $40,400,000; 
(7) Space applications, $54,700,000; 
^8) Aeronautical research and technology, $46,800,000; 
(9) Space and nuclear research and technology, $22,300,000; 
Notice to Speaker 
of the House a nd 
President of the 
Senate. 
Research funds;, 
geograpical 
distribution. 
42 u s e 2459 
note. 
Satellite service!! 
contract 
authorization. 
42 u s e 2463. 
Report to 
congressional 
committees. 
Additional 
authorizations. 
Research and 
development. 
89 STAT. 222 
PUBLIC LAW 94-39—JUNE 19, 1975 
Construction of 
facilities. 
Research and 
program 
management. 
42 use 2451 
note. 
^10) Energy technology applications, $1,500,000; 
(11) Tracking and data acquisition, $66,400,000; 
(12) Technology utilization, $2,000,000. 
(b) For "Construction of facilities," including land acquisition, 
as follows: 
(1) Rehabilitation and modification of facilities at various 
locations, not in excess of $500,000 per project, $7,000,000; 
(2^ Minor construction of new facilities and additions to 
existing facilities at various locations, not in excess of 
$250,000 per project, $1,250,000; 
(3) Facility planning and design not otherwise provided 
for, $2,500,000. 
(c) For "Research and program management," $213,800,000, 
and such additional or supplemental amounts as may be necessary 
for increases in salary, pay, retirement, or other employee benefits 
authorized by law. 
All of the limitations and other provisions of this Act which are 
applicable to amounts appropriated pursuant to subsections (a), (b), 
and (c) of section 1 of this Act shall apply in the same manner to 
amounts appropriated pursuant to subsections (a), (b), and (c), 
respectively, of this section. 
SEC. 8. The National Aeronautics and Space Act of 1958, as amended, 
is amended by adding at the end thereof the following new title: 
"TITLE IV—UPPER ATMOSPHERIC RESEARCH 
u 
PURPOSE AND POLICY 
42 use 2481. 
"SEC. 401. (a) The purpose of this title is to authorize and direct 
the Administration to develop and carry out a comprehensive pro-
gram of research, technology, and monitoring of the phenomena of 
the upper atmosphere so as to provide for an understanding of and to 
maintain the chemical and physical integrity of the Earth's upper 
atmosphere. 
"(b) The Congress declares that it is the policy of the United States 
to undertake an immediate and appropriate research, technology, and 
monitoring program that will provide for understanding the physics 
and chemistry of the Earth's upper atmosphere. 
"DEFINITIONS 
42 use 2482. 
"SEC. 402. For the purpose of this title the term 'upper atmosphere' 
means that portion of the Earth's sensible atmosphere above the 
troposphere. 
"PROGRAM AUTHORIZED 
42 use 2483. 
"SEC. 403. (a) In order to carry out the purposes of this title the 
Administration in cooperation with other Federal agencies, shall 
initiate and carry out a program of research, technology, monitoring, 
and other appropriate activities directed to understand the physics 
and chemistry or the upper atmosphere. 
"(b) In carrying out the provisions of this title the Administration 
shall— 
" (1) arrange for participation by the scientific and engineering 
community, of both the Nation's industrial organizations and 
PUBLIC LAW 94-39—JUNE 19, 1975 
89 STAT. 223 
institutions of higher education, in planning and carrying out 
appropriate research, in developing necessary technology and in 
making necessary observations and measurements ; 
"(2) provide, by way of grant, contract, scholarships or other 
arrangements, to the maximum extent practicable and consistent 
with other laws, for the widest practicable and appropriate par-
ticipation of the scientific and engineering community in the pro-
gram authorized by this title; and 
"(3) make all results of the program authorized by this title 
available to the appropriate regulatory agencies and provide for 
the widest practicable dissemination of such results. 
"INTERNATIONAL COOPERATION 
"SEC. 404. In carrying out the provisions of this title, the Adminis- 
42 U
S
C 2484. 
tration, subject to the direction of the President and after consulta-
tion with the Secretary of State, shall make every effort to enlist the 
support and cooperation of appropriate scientists and engineers of 
otner countries and international organizations.". 
SEC. 9. This Act may be cited as the "National Aeronautics and Short title. 
Space Administration Authorization Act, 1976". 
Approved June 19, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-63 (Comm. on Science and Technology) and No. 94-259 
(Comm. of Conference). 
SENATE REPORT No. 94-103 (Comm. on Aeronautical and Space Sciences). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Apr. 9, considered and passed House. 
May 12, considered and passed Senate, amended. 
June 9, House agreed to conference report. 
June 10, Senate agreed to conference report.