Volume 85 · 174
Public Law 92–68
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.
Approved August 6, 1971
Statutory text
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That there is hereby authorized to be appropriated to the National Aeronautics and Space Administration:
For “Research and development”, for the following programs:
Apollo, $612,200,000;
Space flight operations, $702,775,000;
Advanced missions $5,500,000;
Physics and astronomy, $112,800,000;
Lunar and planetary exploration, $301,500,000;
Space applications, $185,000,000;
Launch vehicle procurement, $146,100,000;
Aeronautical research and technology, $122,500,000;
Space research and technology, $75,105,000;
Nuclear power and propulsion, $70,720,000 of which $58,000,000 is to be used only for NERVA engine development and related nuclear propulsion activities;
Tracking and data acquisition, $264,000,000;
Technology utilization, $5,000,000.
For “Construction of facilities,” including land acquisitions, as follows:
Modernization of the 40 x 80-foot Wind Tunnel, Ames Research Center, $6,500,000;
Centaur Modifications to Titan III launch area, John F. Kennedy Space Center, $10,700,000;
Alterations to Launch Complex 17, John F. Kennedy Space Center, $4,500,000;
Space Shuttle Facilities, as follows: Main engine sea level test stands (2), Mississippi Test Facility, $11,000,000, Main engine altitude test facility, Air Force Arnold Engineering Development Center, $2,000,000, Auxiliary propulsion test facilities, undesignated location, $1,500,000, Thermal protection system development facilities, Ames Research Center, $3,000,000, Langley Research Center, $500,000, Manned Spacecraft Center, $1,200,000, Undesignated location, $800,000;
Power Plant Replacements, Goldstone, Calif., $370,000 and Santiago, Chile, $230,000;
AST Ground Station, Western Europe, $500,000;
Facility rehabilitations and modifications, various locations, $10,000,000;
Expansion of the Visitors Information Center, John F. Kennedy Space Center, $2,100,000;
Facility Planning and Design, $3,500,000.
For “Research and program management,” $693,350,000, of which not to exceed $529,916,000 to be available for personnel and related costs.
Appropriations for “Research and development” may be used (1) for any items of a capital nature (other than acquisition of land) which may be required 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 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 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 appropriated for “Research and development”
Notice to congressional committees.
pursuant to this Act may be used for construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics 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.
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 contracts may be entered into under the “Research and program management” appropriation for periods not in excess of twelve months beginning at any time during the fiscal year.
Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government.
No part of the funds appropriated pursuant to subsection 1(c)
Funds, limitation.
for maintenance, repairs, alterations, and minor construction shall be used for the construction of any new facility the estimated cost of which, including collateral equipment, exceeds $100,000.
No part of the funds appropriated pursuant to subsection (a)
Grants, prohibition.
of this section may be used for grants to any nonprofit institution of higher learning unless the Administrator or his designee determines at the time of the grant that recruiting personnel of any of the Armed Forces of the United States are not being barred from the premises or property of such institution except that this subsection shall not apply it the Administrator or his designee determines that the grant is a continuation or renewal of a previous grant to such institution which is likely to make a significant contribution to the aeronautical and space activities of the United States. The Secretary of Defense shall
Report to Administrator.
furnish to the Administrator or his designee within sixty days after the date of enactment of this Act and each January 30 and June 30 thereafter the names of any nonprofit institutions of higher learning which the Secretary of Defense determines on the date of each such report are barring such recruiting personnel from premises or property of any such institution.
Sec. 2.
Authorization is hereby granted whereby the total of any of the amounts prescribed by paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) of subsection 1(b) may, in the discretion of the Administrator of the National Aeronautics and Space Administration, be varied upward of 5 per centum to meet unusual cost variations, but the total cost of all work authorized 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 appropriated 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 (9) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works including land acquisition, site preparation,
Report to congressional committees.
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 Representatives and to the President of the Senate and to the Committee on Science and Astronautics 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—
no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences,
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 sections 1(a) and 1(c), and
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,
Notice to congressional committees.
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 Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.
Nothing in this section shall be construed to authorize the expenditure of amounts for personnel and related costs pursuant to section 1(c) to exceed amounts authorized for such costs.
Sec. 5.
It is the sense of the Congress that it is in the national interest 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 distributing its research and development funds whenever feasible.
Sec. 6.
If an institution of higher education determines, after
Campus disrupters, denial of payment.
affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has been convicted by any court of record of any crime which was committed after the date of enactment of this Act and which involved the use of “(or assistance to others in the use of) force, disruption, or the seizure of property under control of any institution of higher education to prevent officials or students in such institution from engaging in their duties or pursuing their studies, and that such crime was of a serious nature and contributed to a substantial disruption of the administration of the institution with respect to which such crime was committed, then the institution which such individual attends, or is employed by, shall deny for a period of two years any further payment to, or for the direct benefit of, such individual under any of the programs authorized by the National Aeronautics and Space Act of 1958, the
funds for which are authorized pursuant to this Act. If an institution denies an individual assistance under the authority of the preceding sentence of this subsection, then any institution which such individual subsequently attends shall deny for the remainder of the two-year period any further payment to, or for the direct benefit of, such individual under any of the programs authorized by the National Aeronautics and Space Act of 1958, the funds for which are authorized pursuant to this Act.
If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has willfully refused to obey a lawful regulation or order of such institution after the date of enactment of this Act, and that such refusal was of a serious nature and contributed to a substantial disruption of the administration of such institution, then such institution shall deny, for a period of two years, any further payment to, or for the direct benefit of, such individual under any of the programs authorized by the National Aeronautics and Space Act of 1958, the funds for which are authorized pursuant to this Act.
Nothing in this Act shall be construed to prohibit any institution of higher education from refusing to award, continue, or extend any financial assistance under any such Act to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance.
Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and carry out an independent, disciplinary proceeding pursuant to existing authority, practice, and law.
Nothing in this section shall be construed to limit the freedom
Freedom of speech.
of any student to verbal expression of individual views or opinions.
Sec. 7.
Section 206 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2476), is amended as follows: (1) subsection (a) is
Repeal.
hereby repealed, and (2) subsections (b), (c), and (d) are renumbered as subsections (a), (b), and (c), respectively.
Sec. 8.
This Act may be cited as the “National Aeronautics and
Short title.
Space Administration Authorization Act, 1972”.
Approved August 6, 1971.