```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3322 Reported in House (RH)]

                                                 Union Calendar No. 272

104th CONGRESS

  2d Session

                               H. R. 3322

                      [Report No. 104-550, Part I]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for fiscal year 1997 for civilian science 
     activities of the Federal Government, and for other purposes.

_______________________________________________________________________

                              May 6, 1996

  The Committees on Resources, Transportation and Infrastructure and 
                      National Security discharged

                              May 6, 1996

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
                                                 Union Calendar No. 272
104th CONGRESS
  2d Session
                                H. R. 3322

                      [Report No. 104-550, Part I]

 To authorize appropriations for fiscal year 1997 for civilian science 
     activities of the Federal Government, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 1996

     Mr. Walker (for himself, Mr. Sensenbrenner, Mrs. Morella, Mr. 
 Rohrabacher, and Mr. Schiff) introduced the following bill; which was 
referred to the Committee on Science, and in addition to the Committee 
on Resources, Transportation and Infrastructure, and National Security, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

                              May 1, 1996

                 Reported from the Committee on Science

                              May 6, 1996

  The Committees on Resources, Transportation and Infrastructure and 
                      National Security discharged

                              May 6, 1996

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
 To authorize appropriations for fiscal year 1997 for civilian science 
     activities of the Federal Government, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Omnibus Civilian 
Science Authorization Act of 1996''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
                  TITLE I--NATIONAL SCIENCE FOUNDATION

Sec. 101. Short title.
Sec. 102. Definitions.
         Subtitle A--National Science Foundation Authorization

Sec. 111. Authorization of appropriations.
Sec. 112. Proportional reduction of research and related activities 
                            amounts.
Sec. 113. Consultation and representation expenses.
Sec. 114. Reprogramming.
                     Subtitle B--General Provisions

Sec. 121. Annual report.
Sec. 122. National research facilities.
Sec. 123. Eligibility for research facility awards.
Sec. 124. Administrative amendments.
Sec. 125. Indirect costs.
Sec. 126. Financial disclosure.
Sec. 127. Educational leave of absence for active duty.
Sec. 128. Science Studies Institute.
Sec. 129. Educational impact.
Sec. 130. Divisions of the Foundation.
Sec. 131. National Science and Engineering Foundation.
        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                     Subtitle A--General Provisions

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
              Subtitle B--Authorization of Appropriations

                       Chapter 1--Authorizations

Sec. 211. Human space flight.
Sec. 212. Science, aeronautics, and technology.
Sec. 213. Mission support.
Sec. 214. Inspector General.
Sec. 215. Total authorization.
Sec. 216. Office of Commercial Space Transportation Authorization.
Sec. 217. Office of Space Commerce.
      Chapter 2--Restructuring The National Aeronautics and Space 
                             Administration

Sec. 221. Findings.
Sec. 222. Restructuring reports.
              Chapter 3--Limitations And Special Authority

Sec. 231. Use of funds for construction.
Sec. 232. Availability of appropriated amounts.
Sec. 233. Reprogramming for construction of facilities.
Sec. 234. Consideration by committees.
Sec. 235. Limitation on obligation of unauthorized appropriations.
Sec. 236. Use of funds for scientific consultations or extraordinary 
                            expenses.
                Subtitle C--International Space Station

Sec. 241. Findings.
Sec. 242. Commercialization of Space Station.
Sec. 243. Sense of Congress.
Sec. 244. Space Station accounting report.
                  Subtitle D--Miscellaneous Provisions

Sec. 251. Commercial space launch amendments.
Sec. 252. Requirement for independent cost analysis.
Sec. 253. Office of Space Commerce.
Sec. 254. National Aeronautics and Space Act of 1958 amendments.
Sec. 255. Procurement.
Sec. 256. Additional National Aeronautics and Space Administration 
                            facilities.
Sec. 257. Purchase of space science data.
Sec. 258. Plan for Mission to Planet Earth.
Sec. 259. Acquisition of earth remote sensing data.
Sec. 260. Shuttle privatization.
Sec. 261. Launch voucher demonstration program amendments.
Sec. 262. Privatization of microgravity parabolic flight operations.
Sec. 263. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 264. Use of abandoned and underutilized buildings, grounds, and 
                            facilities.
Sec. 265. Cost effectiveness calculations.
Sec. 266. Procurement ombudsman.
Sec. 267. Authority to reduce or suspend contract payments based on 
                            substantial evidence of fraud.
              TITLE III--UNITED STATES FIRE ADMINISTRATION

Sec. 301. Short title.
Sec. 302. Authorization of appropriations.
Sec. 303. Fire safety systems in Army housing.
Sec. 304. Successor fire safety standards.
Sec. 305. Termination or privatization of functions.
Sec. 306. Report on budgetary reduction.
       TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 401. Short title.
Sec. 402. Definitions.
        Subtitle A--Atmospheric, Weather, and Satellite Programs

Sec. 411. National Weather Service.
Sec. 412. Atmospheric research.
Sec. 413. National Environmental Satellite, Data, and Information 
                            Service.
                      Subtitle B--Marine Research

Sec. 421. National Ocean Service.
Sec. 422. Ocean and Great Lakes research.
                      Subtitle C--Program Support

Sec. 431. Program support.
                 Subtitle D--Streamlining of Operations

Sec. 441. Programs.
Sec. 442. Limitations on appropriations.
Sec. 443. Termination of the Corps of Commissioned Officers.
                       Subtitle E--Miscellaneous

Sec. 451. Weather data buoys.
Sec. 452. Duties of the National Weather Service.
Sec. 453. National Oceanographic Partnership Program.
                TITLE V--ENVIRONMENTAL PROTECTION AGENCY

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authorization of appropriations.
Sec. 504. Scientific research review.
Sec. 505. Graduate student fellowships.
Sec. 506. Science Advisory Board.
        TITLE VI--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Sec. 601. Authorization of appropriations.
 TITLE VII--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND 
                              DEVELOPMENT

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Management principles.
Sec. 705. Document of April 1, 1996.
Sec. 706. Authorization of appropriations.
Sec. 707. Research priorities.
Sec. 708. Budget designation for Federal Aviation Administration 
                            research and development activities.
Sec. 709. Research Advisory Committees.
Sec. 710. National aviation research plan.
       TITLE VIII--NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM

Sec. 801. Authorization of appropriations.
                        TITLE IX--MISCELLANEOUS

Sec. 901. Prohibition of lobbying activities.
Sec. 902. Limitation on appropriations.
Sec. 903. Eligibility for awards.

                  TITLE I--NATIONAL SCIENCE FOUNDATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Science Foundation 
Authorization Act of 1996''.

SEC. 102. DEFINITIONS.

    For purposes of this title--
            (1) the term ``Director'' means the Director of the 
        Foundation;
            (2) the term ``Foundation'' means the National Science 
        Foundation;
            (3) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965;
            (4) the term ``national research facility'' means a 
        research facility funded by the Foundation which is available, 
        subject to appropriate policies allocating access, for use by 
        all scientists and engineers affiliated with research 
        institutions located in the United States; and
            (5) the term ``United States'' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, and any other territory or possession 
        of the United States.

         Subtitle A--National Science Foundation Authorization

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    (a) Findings.--The Congress finds that--
            (1) the programs of the Foundation are important for the 
        Nation to strengthen basic research and develop human resources 
        in science and engineering, and that those programs should be 
        funded at an adequate level;
            (2) the primary mission of the Foundation continues to be 
        the support of basic scientific research and science education 
        and the support of research fundamental to the engineering 
        process and engineering education; and
            (3) the Foundation's efforts to contribute to the economic 
        competitiveness of the United States should be in accord with 
        that primary mission.
    (b) Fiscal Year 1997.--There are authorized to be appropriated to 
the Foundation $3,250,500,000 for fiscal year 1997, which shall be 
available for the following categories:
            (1) Research and Related Activities, $2,340,300,000.
            (2) Education and Human Resources Activities, $600,000,000.
            (3) Major Research Equipment, $80,000,000.
            (4) Academic Research Facilities Modernization, 
        $100,000,000.
            (5) Salaries and Expenses, $120,000,000.
            (6) Office of Inspector General, $5,000,000.
            (7) Headquarters Relocation, $5,200,000.
    (c) Limitation.--Consistent with the amendment made by section 
130(a) of this Act, funds appropriated under subsection (b)(1) of this 
section shall be available to not more than 6 scientific directorates. 
No funds appropriated under subsection (b)(1) may be obligated or 
expended by, for, or through a scientific directorate if funds 
appropriated under subsection (b)(1) have been obligated or expended 
for 6 other scientific directorates.

SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED ACTIVITIES 
              AMOUNTS.

    If the amount appropriated pursuant to section 111(b)(1) is less 
than the amount authorized under that paragraph, the amount available 
for each scientific directorate under that paragraph shall be reduced 
by the same proportion.

SEC. 113. CONSULTATION AND REPRESENTATION EXPENSES.

    From appropriations made under authorizations provided in this 
title, not more than $10,000 may be used in each fiscal year for 
official consultation, representation, or other extraordinary expenses 
at the discretion of the Director. The determination of the Director 
shall be final and conclusive upon the accounting officers of the 
Government.

SEC. 114. REPROGRAMMING.

    (a) $500,000 or Less.--In any given fiscal year, the Director may 
transfer appropriated funds among the subcategories of Research and 
Related Activities, so long as the net funds transferred to or from any 
subcategory do not exceed $500,000.
    (b) Greater Than $500,000.--In addition, the Director may propose 
transfers to or from any subcategory exceeding $500,000. An explanation 
of any proposed transfer under this subsection must be transmitted in 
writing to the Committee on Science of the House of Representatives, 
and the Committees on Labor and Human Resources and Commerce, Science, 
and Transportation of the Senate. The proposed transfer may be made 
only when 30 calendar days have passed after transmission of such 
written explanation.

                     Subtitle B--General Provisions

SEC. 121. ANNUAL REPORT.

    Section 3(f) of the National Science Foundation Act of 1950 (42 
U.S.C. 1862(f)) is amended to read as follows:
    ``(f) The Foundation shall provide an annual report to the 
President which shall be submitted by the Director to the Congress at 
the time of the President's annual budget submission. The report 
shall--
            ``(1) contain a strategic plan, or an update to a previous 
        strategic plan, which--
                    ``(A) defines for a three-year period the overall 
                goals for the Foundation and specific goals for each 
                major activity of the Foundation, including each 
                scientific directorate, the education directorate, and 
                the polar programs office; and
                    ``(B) describe how the identified goals relate to 
                national needs and will exploit new opportunities in 
                science and technology;
            ``(2) identify the criteria and describe the procedures 
        which the Foundation will use to assess progress toward 
        achieving the goals identified in accordance with paragraph 
        (1);
            ``(3) review the activities of the Foundation during the 
        preceding year which have contributed toward achievement of 
        goals identified in accordance with paragraph (1) and summarize 
        planned activities for the coming three years in the context of 
        the identified goals, with particular emphasis on the 
        Foundation's planned contributions to major multi-agency 
        research and education initiatives;
            ``(4) contain such recommendations as the Foundation 
        considers appropriate; and
            ``(5) include information on the acquisition and 
        disposition by the Foundation of any patents and patent 
        rights.''.

SEC. 122. NATIONAL RESEARCH FACILITIES.

    (a) Facilities Plan.--The Director shall provide to Congress 
annually, as a part of the report required under section 3(f) of the 
National Science Foundation Act of 1950, a plan for the proposed 
construction of, and repair and upgrades to, national research 
facilities. The plan shall include estimates of the cost for such 
construction, repairs, and upgrades, and estimates of the cost for the 
operation and maintenance of existing and proposed new facilities. For 
proposed new construction and for major upgrades to existing 
facilities, the plan shall include funding profiles by fiscal year and 
milestones for major phases of the construction. The plan shall include 
cost estimates in the categories of construction, repair, and upgrades 
for the year in which the plan is submitted to Congress and for not 
fewer than the succeeding 4 years.
    (b) Limitation on Obligation of Unauthorized Appropriations.--No 
funds appropriated for any project which involves construction of new 
national research facilities or construction necessary for upgrading 
the capabilities of existing national research facilities shall be 
obligated unless the funds are specifically authorized for such purpose 
by this title or any other Act which is not an appropriations Act, or 
unless the total estimated cost to the Foundation of the construction 
project is less than $50,000,000. This subsection shall not apply to 
construction projects approved by the National Science Board prior to 
June 30, 1995.

SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

    Section 203(b) of the Academic Research Facilities Modernization 
Act of 1988 is amended by striking the final sentence of paragraph (3) 
and inserting in lieu thereof the following: ``The Director shall give 
priority to institutions or consortia that have not received such funds 
in the preceding 5 years, except that this sentence shall not apply to 
previous funding received for the same multiyear project.''.

SEC. 124. ADMINISTRATIVE AMENDMENTS.

    (a) National Science Foundation Act of 1950 Amendments.--The 
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is 
amended--
            (1) by redesignating the subsection (k) of section 4 (42 
        U.S.C. 1863(k)) that was added by section 108 of the National 
        Science Foundation Authorization Act of 1988 as subsection (l);
            (2) in section 5(e) (42 U.S.C. 1864(e)) by amending 
        paragraph (2) to read as follows:
    ``(2) Any delegation of authority or imposition of conditions under 
paragraph (1) shall be promptly published in the Federal Register and 
reported to the Committees on Labor and Human Resources and Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives.'';
            (3) by inserting ``be entitled to'' between ``shall'' and 
        ``receive'', and by inserting ``, including traveltime,'' after 
        ``Foundation'' in section 14(c) (42 U.S.C. 1873(c));
            (4) by striking section 14(j) (42 U.S.C. 1873(j)); and
            (5) by striking ``Atomic Energy Commission'' in section 
        15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof 
        ``Secretary of Energy''.
    (b) National Science Foundation Authorization Act, 1976 
Amendments.--Section 6(a) of the National Science Foundation 
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking 
``social,'' the first place it appears.
    (c) National Science Foundation Authorization Act of 1988 
Amendments.--(1) Section 117(a)(1)(B)(v) of the National Science 
Foundation Authorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is 
amended to read as follows:
            ``(v) from schools established outside the several States 
        and the District of Columbia by any agency of the Federal 
        Government for dependents of its employees.''.
    (2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is 
amended by striking ``Science and Engineering Education'' and inserting 
in lieu thereof ``Education and Human Resources''.
    (d) Education for Economic Security Act Amendments.--Section 107 of 
Education for Economic Security Act (20 U.S.C. 3917) is repealed.
    (e) Technical Amendment.--The second subsection (g) of section 3 of 
the National Science Foundation Act of 1950 is repealed.

SEC. 125. INDIRECT COSTS.

    (a) Matching Funds.--Matching funds required pursuant to section 
204(a)(2)(C) of the Academic Research Facilities Modernization Act of 
1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities 
costs for purposes of determining indirect cost rates.
    (b) Report.--The Director of the Office of Science and Technology 
Policy, in consultation with other relevant agencies, shall prepare a 
report analyzing what steps would be needed to--
            (1) reduce by 10 percent the proportion of Federal 
        assistance to institutions of higher education that are 
        allocated for indirect costs; and
            (2) reduce the variance among indirect cost rates of 
        different institutions of higher education, including an 
        evaluation of the relative benefits and burdens of each option 
        on institutions of higher education. Such report shall be 
        transmitted to the Congress no later than December 31, 1996.

SEC. 126. FINANCIAL DISCLOSURE.

    Persons temporarily employed by or at the Foundation shall be 
subject to the same financial disclosure requirements and related 
sanctions under the Ethics in Government Act of 1978 as are permanent 
employees of the Foundation in equivalent positions.

SEC. 127. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.

    In order to be eligible to receive funds from the Foundation after 
September 30, 1996, an institution of higher education must provide 
that whenever any student of the institution who is a member of the 
National Guard, or other reserve component of the Armed Forces of the 
United States, is called or ordered to active duty, other than active 
duty for training, the institution shall grant the member a military 
leave of absence from their education. Persons on military leave of 
absence from their institution shall be entitled, upon release from 
military duty, to be restored to the educational status they had 
attained prior to their being ordered to military duty without loss of 
academic credits earned, scholarships or grants awarded, or tuition and 
other fees paid prior to the commencement of the military duty. It 
shall be the duty of the institution to refund tuition or fees paid or 
to credit the tuition and fees to the next semester or term after the 
termination of the educational military leave of absence at the option 
of the student.

SEC. 128. SCIENCE STUDIES INSTITUTE.

    (a) Amendment.--Section 822 of the National Defense Authorization 
Act for Fiscal 1991 (42 U.S.C. 6686) is amended--
            (1) by striking ``Critical Technologies Institute'' in the 
        section heading and in subsection (a), and inserting in lieu 
        thereof ``Science Studies Institute'';
            (2) in subsection (b) by striking ``As determined by the 
        chairman of the committee referred to in subsection (c), the'' 
        and inserting in lieu thereof ``The'';
            (3) by striking subsection (c), and redesignating 
        subsections (d), (e), (f), and (g) as subsections (c), (d), 
        (e), and (f), respectively;
            (4) in subsection (c), as so redesignated by paragraph (3) 
        of this subsection--
                    (A) by inserting ``science and'' after 
                ``developments and trends in'' in paragraph (1);
                    (B) by striking ``with particular emphasis'' in 
                paragraph (1) and all that follows through the end of 
                such paragraph and inserting in lieu thereof ``and 
                developing and maintaining relevant informational and 
                analytical tools.'';
                    (C) by striking ``to determine'' and all that 
                follows through ``technology policies'' in paragraph 
                (2) and inserting in lieu thereof ``with particular 
                attention to the scope and content of the Federal 
                science and technology research and develop portfolio 
                as it affects interagency and national issues'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Initiation of studies and analysis of alternatives 
        available for ensuring the long-term strength of the United 
        States in the development and application of science and 
        technology, including appropriate roles for the Federal 
        Government, State governments, private industry, and 
        institutions of higher education in the development and 
        application of science and technology.'';
                    (E) by inserting ``science and'' after ``Executive 
                branch on'' in paragraph (4)(A); and
                    (F) by amending paragraph (4)(B) to read as 
                follows:
                    ``(B) to the interagency committees and panels of 
                the Federal Government concerned with science and 
                technology.'';
            (5) in subsection (d), as so redesignated by paragraph (3) 
        of this subsection, by striking ``subsection (d)'' and 
        inserting in lieu thereof ``subsection (c)''; and
            (6) by amending subsection (f), as so redesignated by 
        paragraph (3) of this subsection, to read as follows:
    ``(f) Sponsorship.--The Director of the Office of Science and 
Technology Policy shall be the sponsor of the Institute.''.
    (b) Conforming Usage.--All references in Federal law or regulations 
to the Critical Technologies Institute shall be considered to be 
references to the Science Studies Institute.

SEC. 129. EDUCATIONAL IMPACT.

    (a) Findings.--The Congress finds that--
            (1) Federal research funds made available to institutions 
        of higher education often create incentives for such 
        institutions to emphasize research over undergraduate teaching 
        and to narrow the focus of their graduate programs; and
            (2) National Science Foundation funds for Research and 
        Related Activities should be spent in the manner most likely to 
        improve the quality of undergraduate and graduate education in 
        institutions of higher education.
    (b) Educational Impact.--(1) The impact that a grant or cooperative 
agreement by the National Science Foundation would have on 
undergraduate and graduate education at an institution of higher 
education shall be a factor in any decision whether to award such grant 
or agreement to that institution.
    (2) Paragraph (1) shall be effective with respect to any grant or 
cooperative agreement awarded after September 30, 1997.
    (c) Report.--The Director shall provide a plan for the 
implementation of subsection (b) of this section, no later than 
December 31, 1996, to the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Labor and Human Resources of the 
Senate.

SEC. 130. DIVISIONS OF THE FOUNDATION.

    (a) Amendment.--Section 8 of the National Science Foundation Act of 
1950 (42 U.S.C. 1866) is amended by inserting ``The Director may 
appoint, in consultation with the Board, not more than 6 Assistant 
Directors to assist in managing the Divisions.'' after ``time to time 
determine.''.
    (b) Report.--By November 15, 1996, the Director shall transmit to 
the Congress a report on the reorganization of the National Science 
Foundation required as a result of the amendment made by subsection 
(a).

SEC. 131. NATIONAL SCIENCE AND ENGINEERING FOUNDATION.

    The National Science Foundation and the National Science Board are 
hereby renamed as the National Science and Engineering Foundation and 
the National Science and Engineering Board, respectively, and all 
references thereto in Federal law or regulation shall be deemed to 
refer to the National Science and Engineering Foundation or the 
National Science and Engineering Board, as appropriate.

        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                     Subtitle A--General Provisions

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1997''.

SEC. 202. FINDINGS.

    The Congress makes the following findings:
            (1) The National Aeronautics and Space Administration 
        should aggressively pursue actions and reforms directed at 
        reducing institutional costs, including management 
        restructuring, facility consolidation, procurement reform, 
        personnel base downsizing, and convergence with other defense 
        and commercial sector systems.
            (2) While institutional reforms, restructurings, and 
        downsizing hold the slim promise of reconciling the disparity 
        between projected needs of the National Aeronautics and Space 
        Administration with funding levels requested by the 
        Administration over the next 4 years, such reforms provide no 
        guarantee against cancellation of missions or elimination of 
        centers in the event reform efforts fail to achieve cost 
        reduction targets.
            (3) The National Aeronautics and Space Administration must 
        reverse its current trend toward becoming an operational 
        agency, and return to its proud history as the Nation's leader 
        in basic scientific air and space research.
            (4) Commercial space activity is in a delicate state of 
        growth. It has the potential to eclipse Federal space activity 
        in its economic return to the Nation, if it is not stifled.
            (5) The United States is on the verge of creating and using 
        new technologies in microsatellites, information processing, 
        and space launches that could radically alter the manner in 
        which the Government approaches its space mission.
            (6) The overwhelming preponderance of the Federal 
        Government's requirements for routine, nonemergency manned and 
        unmanned space transportation can be met most effectively, 
        efficiently, and economically by a free and competitive market 
        in privately developed and operated launch services.
            (7) In formulating a national space transportation service 
        policy, the National Aeronautics and Space Administration 
        should aggressively promote the pursuit by the commercial 
        sector of development of advanced space transportation 
        technologies including reusable space vehicles, single-stage-
        to-orbit vehicles, and human space systems.
            (8) The Federal Government should invest in the types of 
        research and innovative technology in which the United States 
        private sector does not invest, while avoiding competition with 
        the activities in which the United States private sector does 
        invest.
            (9) International cooperation in space exploration and 
        science activities serves the United States national interest--
                    (A) when it--
                            (i) reduces the cost of undertaking 
                        missions the United States Government would 
                        pursue unilaterally;
                            (ii) enables the United States to pursue 
                        missions that it could not otherwise afford to 
                        pursue unilaterally; or
                            (iii) enhances United States capabilities 
                        to use and develop space for the benefit of 
                        United States citizens; and
                    (B) when it does not--
                            (i) otherwise harm or interfere with the 
                        ability of United States private sector firms 
                        to develop or explore space commercially;
                            (ii) interfere with the ability of Federal 
                        agencies to use space to complete their 
                        missions;
                            (iii) undermine the ability of United 
                        States private enterprise to compete favorably 
                        with foreign entities in the commercial space 
                        arena; or
                            (iv) transfer sensitive or commercially 
                        advantageous technologies or knowledge from the 
                        United States to other countries or foreign 
                        entities except as required by those countries 
                        or entities to make their contribution to a 
                        multilateral space project in partnership with 
                        the United States, or on a quid pro quo basis.
            (10) The National Aeronautics and Space Administration and 
        the Department of Defense can cooperate more effectively in 
        leveraging their mutual capabilities to conduct joint space 
        missions that improve United States space capabilities and 
        reduce the cost of conducting space missions.
            (11) The Reusable Launch Vehicle program, and the 
        acquisition by the Federal Government of the vehicle resulting 
        from that program, are necessary for the protection of 
        essential security interests for purposes of interpreting the 
        obligations of the United States under the General Agreement on 
        Tariffs and Trade.

SEC. 203. DEFINITIONS.

    For purposes of this title--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration;
            (2) the term ``cost threat'' means a potential change to 
        the program baseline documented as a potential cost by the 
        Space Station Program Office; and
            (3) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).

              Subtitle B--Authorization of Appropriations

                       CHAPTER 1--AUTHORIZATIONS

SEC. 211. HUMAN SPACE FLIGHT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for fiscal year 1997 for Human Space Flight 
the following amounts:
            (1) For the Space Station, $1,840,200,000.
            (2) For Space Shuttle Operations, $2,514,900,000.
            (3) For Space Shuttle Safety and Performance Upgrades, 
        $636,000,000, including for Construction of Facilities relating 
        to such programs--
                    (A) replacement of LC-39 Pad B Chillers (KSC), 
                $1,800,000;
                    (B) restoration of Pad B Fixed Support Structure 
                Elevator System (KSC), $1,500,000;
                    (C) rehabilitation of 480V Electrical Distribution 
                System, Kennedy Space Center, External Tank 
                Manufacturing Building (MAF), $2,500,000; and
                    (D) restoration of High Pressure Industrial Water 
                Plant, Stennis Space Center, $2,500,000.
            (4) For Payload and Utilization Operations, $271,800,000.
            (5) For Russian Cooperation, $100,000,000.

SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for fiscal year 1997 for Science, Aeronautics, 
and Technology the following amounts:
            (1) For Space Science, $2,167,400,000.
            (2) For Life and Microgravity Sciences and Applications, 
        $498,500,000, of which at least $2,000,000 is reserved for 
        research and early detection systems for breast and ovarian 
        cancer and other women's health issues.
            (3) For Mission to Planet Earth, $1,028,400,000, of which 
        $50,000,000 shall be for commercial data purchases under 
        section 259(a). Funds authorized by this paragraph may not be 
        obligated to duplicate private sector or other Federal 
        activities or to procure systems to provide data unless the 
        Administrator certifies to Congress that no private sector 
        entity, or Federal entity other than the National Aeronautics 
        and Space Administration, can provide suitable data in a timely 
        manner.
            (4) For Space Access and Technology, $711,000,000 of 
        which--
                    (A) $324,700,000 are authorized for Advanced Space 
                Transportation; and
                    (B) $10,000,000 shall be for continuing the Launch 
                Voucher Demonstration Program authorized under section 
                504 of the National Aeronautics and Space 
                Administration Authorization Act, Fiscal Year 1993 (15 
                U.S.C. 5803).
            (5) For Aeronautical Research and Technology, $823,400,000, 
        of which--
                    (A) $354,400,000 are authorized for Research and 
                Technology Base activities;
                    (B) $254,300,000 are authorized for High Speed 
                Research;
                    (C) $152,800,000 are authorized for Advanced 
                Subsonic Technology;
                    (D) $23,300,000 are authorized for High-Performance 
                Computing and Communications; and
                    (E) $38,600,000 are authorized for Numerical 
                Aerodynamic Simulation.
            (6) For Mission Communication Services, $410,600,000.
            (7) For Academic Programs, $95,500,000.

SEC. 213. MISSION SUPPORT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for fiscal year 1997 for Mission Support the 
following amounts:
            (1) For Safety, Reliability, and Quality Assurance, 
        $36,700,000.
            (2) For Space Communication Services, $281,250,000.
            (3) For Construction of Facilities, including land 
        acquisition, $105,000,000, including the following:
                    (A) Modernization of Electrical Distribution 
                System, Ames Research Center, $2,400,000.
                    (B) Modification of Aircraft Ramp and Tow Way, 
                Dryden Flight Research Center, $3,000,000.
                    (C) Restoration of Hangar Building 4801, Dryden 
                Flight Research Center, $4,500,000.
                    (D) Modernization of Secondary Electrical Systems, 
                Goddard Space Flight Center, $1,500,000.
                    (E) Restoration of Chilled Water Distribution 
                System, Goddard Space Flight Center, $4,000,000.
                    (F) Modification of Refrigeration Systems, Various 
                Buildings, Jet Propulsion Laboratory, $2,800,000.
                    (G) Rehabilitation of Utility Tunnel Structure and 
                Systems, Johnson Space Center, $4,400,000.
                    (H) Replacement of DX Units with Central Chilled 
                Water System, Logistics Facility, Kennedy Space Center, 
                $1,800,000.
                    (I) Rehabilitation of Central Air Equipment 
                Building, Lewis Research Center, $6,500,000.
                    (J) Modification of Chilled Water System, Marshall 
                Space Flight Center, $6,700,000.
                    (K) Rehabilitation of Condenser Water System, 202/
                207 Complex (MAF), $2,100,000.
                    (L) Rehabilitation of Electrical Distribution 
                System, White Sands Test Facility, $2,600,000.
                    (M) Minor Revitalization of Facilities at Various 
                Locations, not in excess of $1,500,000 per project, 
                $19,600,000.
                    (N) Minor construction of new facilities and 
                additions to existing facilities at various locations, 
                not in excess of $1,500,000 per project, $3,400,000.
                    (O) Facility planning and design, not otherwise 
                provided for, $6,700,000.
                    (P) Environmental compliance and restoration, 
                $33,000,000.
            (4) For Research and Program Management, including 
        personnel and related costs, travel, and research operations 
        support, $1,957,850,000.

SEC. 214. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Inspector General, $17,000,000 for fiscal 
year 1997.

SEC. 215. TOTAL AUTHORIZATION.

    Notwithstanding any other provision of this subtitle, the total 
amount authorized to be appropriated to the National Aeronautics and 
Space Administration under this title shall not exceed $13,495,500,000 
for fiscal year 1997.

SEC. 216. OFFICE OF COMMERCIAL SPACE TRANSPORTATION AUTHORIZATION.

    There are authorized to be appropriated to the Secretary of 
Transportation for the activities of the Office of Commercial Space 
Transportation, $5,770,000 for fiscal year 1997.

SEC. 217. OFFICE OF SPACE COMMERCE.

    There are authorized to be appropriated to the Secretary of 
Commerce for the activities of the Office of Space Commerce established 
by section 253 of this Act, $500,000 for fiscal year 1997.

      CHAPTER 2--RESTRUCTURING THE NATIONAL AERONAUTICS AND SPACE 
                             ADMINISTRATION

SEC. 221. FINDINGS.

    The Congress finds that--
            (1) the restructuring of the National Aeronautics and Space 
        Administration is essential to accomplishing the space missions 
        of the United States while simultaneously balancing the Federal 
        budget;
            (2) to restructure the National Aeronautics and Space 
        Administration rapidly without reducing mission content and 
        safety requires objective financial judgment; and
            (3) a formal economic review of its missions and the 
        Federal assets that support them is required in order to plan 
        and implement needed restructuring of the National Aeronautics 
        and Space Administration.

SEC. 222. RESTRUCTURING REPORTS.

    (a) Implementation Report.--The Administrator shall transmit to 
Congress, no later than July 31, 1996, a report on its restructuring 
activities by fiscal year containing, at a minimum, a description of 
all actions taken or planned to be taken after July 31, 1995, and 
before October 1, 2002, including contracts terminated or consolidated; 
reductions in force; relocations of personnel and facilities; sales, 
closures, or mothballing of capital assets or facilities; and net 
savings to be realized from such actions by fiscal year.
    (b) Proposed Legislation.--The President shall propose to Congress, 
not later than September 30, 1996, all enabling legislation required to 
carry out actions described by the Administrator's report under 
subsection (a).

              CHAPTER 3--LIMITATIONS AND SPECIAL AUTHORITY

SEC. 231. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--Funds appropriated under sections 211(1) 
through (5), 212, and 213(1) and (2), and funds appropriated for 
research operations support under section 213(4), may be used for the 
construction of new facilities and additions to, repair of, 
rehabilitation of, or modification of existing facilities at any 
location in support of the purposes for which such funds are 
authorized.
    (b) Limitation.--None of the funds pursuant to subsection (a) may 
be expended for a project, the estimated cost of which to the National 
Aeronautics and Space Administration, including collateral equipment, 
exceeds $500,000, until 30 days have passed after the Administrator has 
notified the Committee on Science of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate of 
the nature, location, and estimated cost to the National Aeronautics 
and Space Administration of such project.
    (c) Title to Facilities.--If funds are used pursuant to subsection 
(a) for grants to 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, 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 the grantee institution or organization. Each such grant shall be 
made under such conditions 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.

SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.

    To the extent provided in appropriations Acts, appropriations 
authorized under chapter 1 may remain available without fiscal year 
limitation.

SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    (a) In General.--Appropriations authorized under any paragraph of 
section 211(6) or 213(3)--
            (1) may be varied upward by 10 percent in the discretion of 
        the Administrator; or
            (2) may be varied upward by 25 percent, to meet unusual 
        cost variations, after the expiration of 15 days following a 
        report on the circumstances of such action by the Administrator 
        to the Committee on Science of the House of Representatives and 
        the Committee on Commerce, Science, and Transportation of the 
        Senate.
The aggregate amount authorized to be appropriated under sections 
211(6) and 213(3) shall not be increased as a result of actions 
authorized under paragraphs (1) and (2) of this subsection.
    (b) Special Rule.--Where the Administrator determines that new 
developments in the national program of aeronautical and space 
activities have occurred; and that such developments 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 National Aeronautics and Space 
Administration Authorization Act would be inconsistent with the 
interest of the Nation in aeronautical and space activities, the 
Administrator may use up to $10,000,000 of the amounts authorized under 
section 211(6) or 213(3) for each fiscal year for such purposes. No 
such funds may be obligated until a period of 30 days has passed after 
the Administrator has transmitted to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives a written report describing the nature 
of the construction, its costs, and the reasons therefor.

SEC. 234. CONSIDERATION BY COMMITTEES.

    Notwithstanding any other provision of law--
            (1) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program for which the 
        President's annual budget request included a request for 
        funding, but for which the Congress denied or did not provide 
        funding;
            (2) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program in excess of 
        the amount actually authorized for the particular program under 
        this subtitle; and
            (3) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program which has not 
        been presented to the Congress in the President's annual budget 
        request or the supporting and ancillary documents thereto,
unless a period of 30 days has passed after the receipt by the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 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 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. Except as otherwise provided by law, any Federal 
department, agency, or independent establishment shall furnish any 
information requested by either committee relating to any such activity 
or responsibility.

SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.

    (a) Reports to Congress.--Not later than 30 days after the later of 
the date of enactment of an Act making appropriations to the National 
Aeronautics and Space Administration for fiscal year 1997 and the date 
of enactment of this Act, the Administrator shall submit a report to 
Congress and to the Comptroller General which specifies--
            (1) the portion of such appropriations which are for 
        programs, projects, or activities not authorized under chapter 
        1 of this subtitle, or which are in excess of amounts 
        authorized for the relevant program, project, or activity under 
        this title; and
            (2) the portion of such appropriations which are authorized 
        under this title.
    (b) Federal Register Notice.--The Administrator shall, coincident 
with the submission of the report required by subsection (a), publish 
in the Federal Register a notice of all programs, projects, or 
activities for which funds are appropriated but which were not 
authorized under this title, and solicit public comment thereon 
regarding the impact of such programs, projects, or activities on the 
conduct and effectiveness of the national aeronautics and space 
program.
    (c) Limitation.--Notwithstanding any other provision of law, no 
funds may be obligated for any programs, projects, or activities of the 
National Aeronautics and Space Administration for fiscal year 1997 not 
authorized under this title until 30 days have passed after the close 
of the public comment period contained in the notice required in 
subsection (b).

SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
              EXPENSES.

    Not more than $30,000 of the funds appropriated under section 212 
may be used for scientific consultations or extraordinary expenses, 
upon the authority of the Administrator.

                Subtitle C--International Space Station

SEC. 241. FINDINGS.

    The Congress finds that--
            (1) the development, assembly, and operation of the 
        International Space Station is in the national interest of the 
        United States;
            (2) the National Aeronautics and Space Administration has 
        restructured and redesigned the International Space Station, 
        consolidated contract responsibility, and achieved program 
        management, control, and stability;
            (3) the significant involvement by private ventures in 
        marketing and using, competitively servicing, and commercially 
        augmenting the operational capabilities of the International 
        Space Station during its assembly and operational phases will 
        lower costs and increase benefits to the international 
        partners;
            (4) further rescoping or redesigns of the International 
        Space Station will lead to costly delays, increase costs to its 
        international partners, discourage commercial involvement, and 
        weaken the international space partnership necessary for future 
        space projects;
            (5) total program costs for development, assembly, and 
        initial operations have been identified and capped to ensure 
        financial discipline and maintain program schedule milestones;
            (6) in order to contain costs, mission planning and 
        engineering functions of the National Space Transportation 
        System (Space Shuttle) program should be coordinated with the 
        Space Station Program Office;
            (7) the International Space Station represents an important 
        component of an adequately funded civil space program which 
        balances human space flight with science, aeronautics, and 
        technology;
            (8) the International Space Station should be an 
        inspiration to society, particularly our young people, and 
        should provide new and expanded opportunities to meet important 
        educational goals; and
            (9) when completed, the International Space Station will be 
        the largest, most capable microgravity research facility ever 
        developed. It will provide a lasting framework for conducting 
        large-scale science programs with international partners and it 
        is the next step in the human exploration of space. The United 
        States should commit to completing this program, thereby 
        reaping the benefits of scientific research and international 
        cooperation.

SEC. 242. COMMERCIALIZATION OF SPACE STATION.

    (a) Policy.--The Congress declares that a priority goal of 
constructing the International Space Station is the economic 
development of Earth orbital space. The Congress further declares that 
the use of free market principles in operating, allocating the use of, 
and adding capabilities to the Space Station, and the resulting fullest 
possible engagement of commercial providers and participation of 
commercial users, will reduce Space Station operational costs for all 
partners and the Federal Government's share of the United States burden 
to fund operations.
    (b) Report.--The Administrator shall deliver to the Congress, 
within 60 days after the date of the enactment of this Act, a market 
study that examines the role of commercial ventures which could supply, 
use, service, or augment the International Space Station, the specific 
policies and initiatives the Administrator is advancing to encourage 
these commercial opportunities, the cost savings to be realized by the 
international partnership from applying commercial approaches to cost-
shared operations, and the cost reimbursements to the United States 
Federal Government from commercial users of the Space Station.

SEC. 243. SENSE OF CONGRESS.

    It is the sense of Congress that the ``cost incentive fee'' single 
prime contract negotiated by the National Aeronautics and Space 
Administration for the International Space Station, and the 
consolidation of programmatic and financial accountability into a 
single Space Station Program Office, are two examples of reforms for 
the reinvention of all National Aeronautics and Space Administration 
programs that should be applied as widely and as quickly as possible 
throughout the Nation's civil space program.

SEC. 244. SPACE STATION ACCOUNTING REPORT.

    (a) Annual Report to the Congress.--The Administrator shall 
transmit a report to the Congress each year containing a complete 
accounting of all costs of the space station, including cash and other 
payments to Russia.
    (b) Quarterly Reports From Russia.--The Administrator shall obtain 
quarterly reports from the Russian Space Agency during the term of the 
contract between the Russian Space Agency and the National Aeronautics 
and Space Administration which fully account for the disposition of 
funds paid or transferred by the National Aeronautics and Space 
Administration to Russia, including--
            (1) the amount of funds received from the National 
        Aeronautics and Space Administration and the date of their 
        receipt;
            (2) the amount of funds converted from United States 
        currency by the Russian Space Agency, the currency into which 
        the funds have been converted, and the dates and exchange rates 
        of each such conversion;
            (3) the amount of non-United States currency, and of United 
        States currency, disbursed by the Russian Space Agency to any 
        contractor or subcontractor, the identity of such contractor or 
        subcontractor, and the date on which the funds were disbursed; 
        and
            (4) the balance of the funds provided by the National 
        Aeronautics and Space Administration which have not been 
        disbursed by the Russian Space Agency as of the date of the 
        report.

                  Subtitle D--Miscellaneous Provisions

SEC. 251. COMMERCIAL SPACE LAUNCH AMENDMENTS.

    (a) Amendments.--Chapter 701 of title 49, United States Code, is 
amended--
            (1) in the table of sections--
                    (A) by amending the item relating to section 70104 
                to read as follows:

``70104. Restrictions on launches, operations, and reentries.'';
                    (B) by amending the item relating to section 70108 
                to read as follows:

``70108. Prohibition, suspension, and end of launches, operation of 
                            launch sites and reentry sites, and 
                            reentries.'';
                and
                    (C) by amending the item relating to section 70109 
                to read as follows:

``70109. Preemption of scheduled launches or reentries.'';
            (2) in section 70101--
                    (A) by inserting ``microgravity research,'' after 
                ``information services,'' in subsection (a)(3);
                    (B) by inserting ``, reentry,'' after ``launching'' 
                both places it appears in subsection (a)(4);
                    (C) by inserting ``, reentry vehicles,'' after 
                ``launch vehicles'' in subsection (a)(5);
                    (D) by inserting ``and reentry services'' after 
                ``launch services'' in subsection (a)(6);
                    (E) by inserting ``, reentries,'' after 
                ``launches'' both places it appears in subsection 
                (a)(7);
                    (F) by inserting ``, reentry sites,'' after 
                ``launch sites'' in subsection (a)(8);
                    (G) by inserting ``and reentry services'' after 
                ``launch services'' in subsection (a)(8);
                    (H) by inserting ``reentry sites,'' after ``launch 
                sites,'' in subsection (a)(9);
                    (I) by inserting ``and reentry site'' after 
                ``launch site'' in subsection (a)(9);
                    (J) by inserting ``reentry vehicles,'' after 
                ``launch vehicles'' in subsection (b)(2);
                    (K) by striking ``launch'' in subsection (b)(2)(A);
                    (L) by inserting ``and reentry'' after ``commercial 
                launch'' in subsection (b)(3);
                    (M) by striking ``launch'' after ``and transfer 
                commercial'' in subsection (b)(3); and
                    (N) by inserting ``and development of reentry 
                sites,'' after ``launch-site support facilities,'' in 
                subsection (b)(4);
            (3) in section 70102--
                    (A) by striking ``and any payload'' and inserting 
                in lieu thereof ``or reentry vehicle and any payload 
                from Earth'' in paragraph (3);
                    (B) by inserting ``or reentry vehicle'' after 
                ``means of a launch vehicle'' in paragraph (8);
                    (C) by redesignating paragraphs (10) through (12) 
                as paragraphs (14) through (16), respectively;
                    (D) by inserting after paragraph (9) the following 
                new paragraphs:
            ``(10) `reenter' and `reentry' mean to return or attempt to 
        return, purposefully, a reentry vehicle and its payload, if 
        any, from Earth orbit or from outer space to Earth.
            ``(11) `reentry services' means--
                    ``(A) activities involved in the preparation of a 
                reentry vehicle and its payload, if any, for reentry; 
                and
                    ``(B) the conduct of a reentry.
            ``(12) `reentry site' means the location on Earth to which 
        a reentry vehicle is intended to return (as defined in a 
        license the Secretary issues or transfers under this chapter).
            ``(13) `reentry vehicle' means a vehicle designed to return 
        from Earth orbit or outer space to Earth, or a reusable launch 
        vehicle designed to return from outer space substantially 
        intact.''; and
                    (E) by inserting ``or reentry services'' after 
                ``launch services'' each place it appears in paragraph 
                (15), as so redesignated by subparagraph (C) of this 
                paragraph;
            (4) in section 70103(b)--
                    (A) by inserting ``and Reentries'' after 
                ``Launches'' in the subsection heading;
                    (B) by inserting ``and reentries'' after ``space 
                launches'' in paragraph (1); and
                    (C) by inserting ``and reentry'' after ``space 
                launch'' in paragraph (2);
            (5) in section 70104--
                    (A) by amending the section designation and heading 
                to read as follows:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
                    (B) by inserting ``or reentry site, or to reenter a 
                reentry vehicle,'' after ``operate a launch site'' each 
                place it appears in subsection (a);
                    (C) by inserting ``or reentry'' after ``launch or 
                operation'' in subsection (a) (3) and (4);
                    (D) in subsection (b)--
                            (i) by striking ``launch license'' and 
                        inserting in lieu thereof ``license'';
                            (ii) by inserting ``or reenter'' after 
                        ``may launch''; and
                            (iii) by inserting ``or reentering'' after 
                        ``related to launching''; and
                    (E) in subsection (c)--
                            (i) by amending the subsection heading to 
                        read as follows: ``Preventing Launches and 
                        Reentries.--'';
                            (ii) by inserting ``or reentry'' after 
                        ``prevent the launch''; and
                            (iii) by inserting ``or reentry'' after 
                        ``decides the launch'';
            (6) in section 70105--
                    (A) by inserting ``or a reentry site, or the 
                reentry of a reentry vehicle,'' after ``operation of a 
                launch site'' in subsection (b)(1); and
                    (B) by striking ``or operation'' and inserting in 
                lieu thereof ``, operation, or reentry'' in subsection 
                (b)(2)(A);
            (7) in section 70106(a)--
                    (A) by inserting ``or reentry site'' after 
                ``observer at a launch site'';
                    (B) by inserting ``or reentry vehicle'' after 
                ``assemble a launch vehicle''; and
                    (C) by inserting ``or reentry vehicle'' after 
                ``with a launch vehicle'';
            (8) in section 70108--
                    (A) by amending the section designation and heading 
                to read as follows:
``Sec. 70108. Prohibition, suspension, and end of launches, operation 
              of launch sites and reentry sites, and reentries'';
        and
                    (B) in subsection (a)--
                            (i) by inserting ``or reentry site, or 
                        reentry of a reentry vehicle,'' after 
                        ``operation of a launch site''; and
                            (ii) by inserting ``or reentry'' after 
                        ``launch or operation'';
            (9) in section 70109--
                    (A) by amending the section designation and heading 
                to read as follows:
``Sec. 70109. Preemption of scheduled launches or reentries'';
                    (B) in subsection (a)--
                            (i) by inserting ``or reentry'' after 
                        ``ensure that a launch'';
                            (ii) by inserting ``, reentry site,'' after 
                        ``United States Government launch site'';
                            (iii) by inserting ``or reentry date 
                        commitment'' after ``launch date commitment'';
                            (iv) by inserting ``or reentry'' after 
                        ``obtained for a launch'';
                            (v) by inserting ``, reentry site,'' after 
                        ``access to a launch site'';
                            (vi) by inserting ``, or services related 
                        to a reentry,'' after ``amount for launch 
                        services''; and
                            (vii) by inserting ``or reentry'' after 
                        ``the scheduled launch''; and
                    (C) in subsection (c), by inserting ``or reentry'' 
                after ``prompt launching'';
            (10) in section 70110--
                    (A) by inserting ``or reentry'' after ``prevent the 
                launch'' in subsection (a)(2); and
                    (B) by inserting ``or reentry site, or reentry of a 
                reentry vehicle,'' after ``operation of a launch site'' 
                in subsection (a)(3)(B);
            (11) in section 70111--
                    (A) by inserting ``or reentry'' after ``launch'' in 
                subsection (a)(1)(A);
                    (B) by inserting ``and reentry services'' after 
                ``launch services'' in subsection (a)(1)(B);
                    (C) by inserting ``or reentry services'' after ``or 
                launch services'' in subsection (a)(2);
                    (D) by inserting ``or reentry'' after ``commercial 
                launch'' both places it appears in subsection (b)(1);
                    (E) by inserting ``or reentry services'' after 
                ``launch services'' in subsection (b)(2)(C);
                    (F) by striking ``or its payload for launch'' in 
                subsection (d) and inserting in lieu thereof ``or 
                reentry vehicle, or the payload of either, for launch 
                or reentry''; and
                    (G) by inserting ``, reentry vehicle,'' after 
                ``manufacturer of the launch vehicle'' in subsection 
                (d);
            (12) in section 70112--
                    (A) by inserting ``or reentry'' after ``one 
                launch'' in subsection (a)(3);
                    (B) by inserting ``or reentry services'' after 
                ``launch services'' in subsection (a)(4);
                    (C) by inserting ``or reentry services'' after 
                ``launch services'' each place it appears in subsection 
                (b);
                    (D) by inserting ``applicable'' after ``carried out 
                under the'' in paragraphs (1) and (2) of subsection 
                (b);
                    (E) by striking ``, Space, and Technology'' in 
                subsection (d)(1);
                    (F) by inserting ``or Reentries'' after 
                ``Launches'' in the heading for subsection (e); and
                    (G) by inserting ``or reentry site or a reentry'' 
                after ``launch site'' in subsection (e);
            (13) in section 70113 (a)(1) and (d) (1) and (2), by 
        inserting ``or reentry'' after ``one launch'' each place it 
        appears;
            (14) in section 70115(b)(1)(D)(i)--
                    (A) by inserting ``reentry site,'' after ``launch 
                site,''; and
                    (B) by inserting ``or reentry vehicle'' after 
                ``launch vehicle'' both places it appears; and
            (15) in section 70117--
                    (A) by inserting ``or reentry site, or to reenter a 
                reentry vehicle'' after ``operate a launch site'' in 
                subsection (a);
                    (B) by inserting ``or reentry'' after ``approval of 
                a space launch'' in subsection (d);
                    (C) by amending subsection (f) to read as follows:
    ``(f) Launch Not an Export; Reentry Not an Import.--A launch 
vehicle, reentry vehicle, or payload that is launched or reentered is 
not, because of the launch or reentry, an export or import, 
respectively, for purposes of a law controlling exports or imports.''; 
and
                    (D) in subsection (g)--
                            (i) by striking ``operation of a launch 
                        vehicle or launch site,'' in paragraph (1) and 
                        inserting in lieu thereof ``reentry, operation 
                        of a launch vehicle or reentry vehicle, or 
                        operation of a launch site or reentry site,''; 
                        and
                            (ii) by inserting ``reentry,'' after 
                        ``launch,'' in paragraph (2).
    (b) Additional Amendments.--(1) Section 70105 of title 49, United 
States Code, is amended--
            (A) by inserting ``(1)'' before ``A person may apply'' in 
        subsection (a);
            (B) by striking ``receiving an application'' both places it 
        appears in subsection (a) and inserting in lieu thereof 
        ``accepting an application in accordance with criteria 
        established pursuant to subsection (b)(2)(D)'';
            (C) by adding at the end of subsection (a) the following 
        new paragraph:
    ``(2) In carrying out paragraph (1), the Secretary may establish 
procedures for certification of the safety of a launch vehicle, reentry 
vehicle, or safety system, procedure, service, or personnel that may be 
used in conducting licensed commercial space launch or reentry 
activities.'';
            (D) by striking ``and'' at the end of subsection (b)(2)(B);
            (E) by striking the period at the end of subsection 
        (b)(2)(C) and inserting in lieu thereof ``; and'';
            (F) by adding at the end of subsection (b)(2) the following 
        new subparagraph:
            ``(D) regulations establishing criteria for accepting or 
        rejecting an application for a license under this chapter 
        within 60 days after receipt of such application.''; and
            (G) by inserting ``, or the requirement to obtain a 
        license,'' after ``waive a requirement'' in subsection (b)(3).
    (2) The amendment made by paragraph (1)(B) shall take effect upon 
the effective date of final regulations issued pursuant to section 
70105(b)(2)(D) of title 49, United States Code, as added by paragraph 
(1)(F) of this subsection.
    (3) Section 70102(5) of title 49, United States Code, is amended--
            (A) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
            (B) by inserting before subparagraph (B), as so 
        redesignated by subparagraph (A) of this paragraph, the 
        following new subparagraph:
                    ``(A) activities directly related to the 
                preparation of a launch site or payload facility for 
                one or more launches;''.
    (4) Section 70103(b) of title 49, United States Code, is amended--
            (A) in the subsection heading, as amended by subsection 
        (a)(4)(A) of this section, by inserting ``and State Sponsored 
        Spaceports'' after ``and Reentries''; and
            (B) in paragraph (1), by inserting ``and State sponsored 
        spaceports'' after ``private sector''.
    (5) Section 70105(a)(1) of title 49, United States Code, as amended 
by subsection (b)(1) of this section, is amended by inserting at the 
end the following: ``The Secretary shall submit to the Committee on 
Science of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a written notice not later 
than 7 days after any occurrence when a license is not issued within 
the deadline established by this subsection.''.
    (6) Section 70111 of title 49, United States Code, is amended--
            (A) in subsection (a)(1), by inserting after subparagraph 
        (B) the following:
``The Secretary shall establish criteria and procedures for determining 
the priority of competing requests from the private sector and State 
governments for property and services under this section.'';
            (B) by striking ``actual costs'' in subsection (b)(1) and 
        inserting in lieu thereof ``additive costs only''; and
            (C) by inserting after subsection (b)(2) the following new 
        paragraph:
    ``(3) The Secretary shall ensure the establishment of uniform 
guidelines for, and consistent implementation of, this section by all 
Federal agencies.''.
    (7) Section 70112 of title 49, United States Code, is amended--
            (A) in subsection (a)(1), by inserting ``launch, reentry, 
        or site operator'' after ``(1) When a'';
            (B) in subsection (b)(1), by inserting ``launch, reentry, 
        or site operator'' after ``(1)A''; and
            (C) in subsection (f), by inserting ``launch, reentry, or 
        site operator'' after ``carried out under a''.
    (c) Regulations.--(1) Chapter 701 of title 49, United States Code, 
is amended by adding at the end the following new section:
``Sec. 70120. Regulations
    ``The Secretary of Transportation, within 6 months after the date 
of the enactment of this section, shall issue regulations to carry out 
this chapter that include--
            ``(1) guidelines for industry to obtain sufficient 
        insurance coverage for potential damages to third parties;
            ``(2) procedures for requesting and obtaining licenses to 
        operate a commercial launch vehicle and reentry vehicle;
            ``(3) procedures for requesting and obtaining operator 
        licenses for launch and reentry; and
            ``(4) procedures for the application of government 
        indemnification.''.
    (2) The table of sections for such chapter 701 is amended by adding 
after the item relating to section 70119 the following new item:

``70120. Regulations.''.
    (d) Report to Congress.--(1) Chapter 701 of title 49, United States 
Code, is further amended by adding at the end the following new 
section:
``Sec. 70121. Report to Congress
    ``The Secretary of Transportation shall submit to Congress an 
annual report to accompany the President's budget request that--
            ``(1) describes all activities undertaken under this 
        chapter, including a description of the process for the 
        application for and approval of licenses under this chapter and 
        recommendations for legislation that may further commercial 
        launches and reentries; and
            ``(2) reviews the performance of the regulatory activities 
        and the effectiveness of the Office of Commercial Space 
        Transportation.''.
    (2) The table of sections for such chapter 701 is further amended 
by adding after the item relating to section 70120, as added by 
subsection (c)(2) of this section, the following new item:

``70121. Report to Congress.''.

SEC. 252. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

    Before any funds may be obligated for Phase C of a project that is 
projected to cost more than $75,000,000 in total project costs, the 
Chief Financial Officer for the National Aeronautics and Space 
Administration shall conduct an independent cost analysis of such 
project and shall report the results to Congress. In developing cost 
accounting and reporting standards for carrying out this section, the 
Chief Financial Officer shall, to the extent practicable and consistent 
with other laws, solicit the advice of expertise outside of the 
National Aeronautics and Space Administration.

SEC. 253. OFFICE OF SPACE COMMERCE.

    (a) Establishment.--There is established within the Department of 
Commerce an Office of Space Commerce.
    (b) Functions.--The Office of Space Commerce shall be the principal 
unit for the coordination of space-related issues, programs, and 
initiatives within the Department of Commerce. The Office's primary 
responsibilities shall include--
            (1) promoting private sector investment in space activities 
        by collecting, analyzing, and disseminating information on 
        space markets, and conducting workshops and seminars to 
        increase awareness of commercial space opportunities;
            (2) assisting United States commercial providers in their 
        efforts to do business with the United States Government, and 
        acting as an industry advocate within the executive branch to 
        ensure that the Federal Government meets its space-related 
        requirement, to the fullest extent feasible, with commercially 
        available space goods and services;
            (3) ensuring that the United States Government does not 
        compete with the private sector in the provision of space 
        hardware and services otherwise available from the private 
        sector;
            (4) promoting the export of space-related goods and 
        services;
            (5) representing the Department of Commerce in the 
        development of United States policies and in negotiations with 
        foreign countries to ensure free and fair trade internationally 
        in the area of space commerce;
            (6) seeking the removal of legal, policy, and institutional 
        impediments to space commerce; and
            (7) licensing private sector parties to operate private 
        remote sensing space systems and supporting the private 
        sector's role in the commercial development of Landsat remote 
        sensing data distribution.

SEC. 254. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 AMENDMENTS.

    (a) Declaration of Policy and Purpose.--Section 102 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended--
            (1) by striking subsection (f) and redesignating 
        subsections (g) and (h) as subsections (f) and (g), 
        respectively; and
            (2) in subsection (g), as so redesignated by paragraph (1) 
        of this subsection, by striking ``(f), and (g)'' and inserting 
        in lieu thereof ``and (f)''.
    (b) Reports to the Congress.--Section 206(a) of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is amended--
            (1) by striking ``January'' and inserting in lieu thereof 
        ``May''; and
            (2) by striking ``calendar'' and inserting in lieu thereof 
        ``fiscal''.
    (c) Disclosure of Technical Data.--Section 303 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2454) is amended--
            (1) in subsection (a)(C), by inserting ``or (c)'' after 
        ``subsection (b)''; and
            (2) by adding at the end the following new subsection:
    ``(c)(1) The Administrator, at his discretion or at the request of 
a private sector entity, shall delay for a period of at least one day, 
but not to exceed 5 years, the unrestricted public disclosure of 
technical data in the possession of, or under the control of, the 
Administration that has been generated in the performance of 
experimental, developmental, or research activities or programs funded 
jointly by the Administration and such private sector entity.
    ``(2) Within 1 year after the date of the enactment of the National 
Aeronautics and Space Administration Authorization Act, Fiscal Year 
1997, the Administrator shall issue regulations to carry out this 
subsection. Paragraph (1) shall not take effect until such regulations 
are issued.
    ``(3) Regulations issued pursuant to paragraph (2) shall include--
            ``(A) guidelines for a determination of whether data is 
        technical data within the meaning of this subsection;
            ``(B) provisions to ensure that technical data is available 
        for dissemination within the United States to United States 
        persons and entities in furtherance of the objective of 
        maintaining leadership or competitiveness in civil and 
        governmental aeronautical and space activities by the United 
        States industrial base; and
            ``(C) a specification of the period or periods for which 
        the delay in unrestricted public disclosure of technical data 
        is to apply to various categories of such data, and the 
        restrictions on disclosure of such data during such period or 
        periods, including a requirement that the maximum 5-year 
        protection under this subsection shall not be provided unless 
        at least 50 percent of the funding for the activities or 
        programs is provided by the private sector.
    ``(4) The Administrator shall annually report to the Congress all 
determinations made under paragraph (1).
    ``(5) For purposes of this subsection, the term `technical data' 
means any recorded information, including computer software, that is or 
may be directly applicable to the design, engineering, development, 
production, manufacture, or operation of products or processes that may 
have significant value in maintaining leadership or competitiveness in 
civil and governmental aeronautical and space activities by the United 
States industrial base.''.

SEC. 255. PROCUREMENT.

    (a) Procurement Demonstration Program.--
            (1) In general.--The Administrator shall establish within 
        the Office of Space Access and Technology a program of 
        expedited technology procurement for the purpose of 
        demonstrating how innovative technology concepts can rapidly be 
        brought to bear upon space missions of the National Aeronautics 
        and Space Administration.
            (2) Procedures and evaluation.--The Administrator shall 
        establish procedures for actively seeking from persons outside 
        the National Aeronautics and Space Administration innovative 
        technology concepts, relating to the provision of space 
        hardware, technology, or service to the National Aeronautics 
        and Space Administration.
            (3) Requirement.--At least 1 percent of amounts authorized 
        to be appropriated under section 212(4) shall be used for 
        innovative technology procurements that are determined under 
        paragraph (2) of this subsection to meet mission requirements.
            (4) Special authority.--In order to carry out this 
        subsection the Administrator shall recruit and hire for limited 
        term appointments persons from outside the National Aeronautics 
        and Space Administration with special expertise and experience 
        related to the innovative technology concepts with respect to 
        which procurements are made under this subsection.
            (5) Sunset.--This subsection shall cease to be effective 10 
        years after the date of its enactment.
    (b) Technology Procurement Initiative.--
            (1) In general.--The Administrator shall coordinate 
        National Aeronautics and Space Administration resources in the 
        areas of procurement, commercial programs, and advanced 
        technology in order to--
                    (A) fairly assess and procure commercially 
                available technology from the marketplace in the most 
                efficient manner practicable;
                    (B) achieve a continuous pattern of integrating 
                advanced technology from the commercial sector, and 
                from Federal sources outside the National Aeronautics 
                and Space Administration, into the missions and 
                programs of the National Aeronautics and Space 
                Administration;
                    (C) incorporate private sector buying and bidding 
                procedures, including fixed price contracts, into 
                procurements; and
                    (D) provide incentives for cost-plus contractors of 
                the National Aeronautics and Space Administration to 
                integrate commercially available technology in 
                subsystem contracts on a fixed-price basis.
            (2) Certification.--Upon solicitation of any procurement 
        for space hardware, technology, or services that are not 
        commercially available, the Administrator shall certify, by 
        publication of a notice and opportunity to comment in the 
        Commerce Business Daily, for each such procurement action, that 
        no functional equivalent, commercially, available space 
        hardware, technology, or service exists and that no commercial 
        method of procurement is available.

SEC. 256. ADDITIONAL NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
              FACILITIES.

    The Administrator shall not construct or enter into a new lease for 
facilities to support National Aeronautics and Space Administration 
programs unless the Administrator notifies the Congress that the 
Administrator reviewed existing National Aeronautics and Space 
Administration and other federally owned facilities, including military 
facilities scheduled for closing or reduction, and found no such 
facilities appropriate for the intended use.

SEC. 257. PURCHASE OF SPACE SCIENCE DATA.

    (a) In General.--To the maximum extent possible, the National 
Aeronautics and Space Administration shall, where cost effective, 
purchase space science data from the United States private sector. 
Examples of such data include scientific data concerning the elemental 
and mineralogical resources of the moon and the planets, Earth 
environmental data obtained through remote sensing observations, and 
solar storm monitoring.
    (b) Competitive Bidding.--(1) Contracts for the purchase of space 
data under this section shall be awarded in a process of full, fair, 
and open competitive bidding.
    (2) Submission of cost data, either for the purposes of supporting 
the bid or fulfilling the terms of the contract, shall not be required 
of bidders or awardees of the contract.
    (3) Reasonable performance specifications, rather than design or 
construction specifications, shall be used to the maximum extent 
feasible to define requirements for United States private sector 
providers with respect to the design, construction, or operation of 
equipment used in obtaining space science data under contracts entered 
into under this section. This subsection shall not be construed to 
prohibit the Federal Government from requiring compliance with 
applicable safety standards.
    (4) Contracts under this section shall not provide for the Federal 
Government to obtain ownership of data not specifically sought by the 
Federal Government.

SEC. 258. PLAN FOR MISSION TO PLANET EARTH.

    (a) Requirement.--The Administrator shall, within 6 months after 
the date of the enactment of this Act, transmit to the Congress a 
report containing a plan for Mission to Planet Earth.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) an analysis of Earth observation systems of other 
        countries and the ways in which the United States could benefit 
        from such systems, including by eliminating duplication of 
        effort;
            (2) an analysis of how the Department of Defense's airborne 
        and space sensor programs could be used in Mission to Planet 
        Earth;
            (3) a plan for infusing advanced technology into the 
        Mission to Planet Earth program, including milestones and an 
        identification of available resources;
            (4) a plan to solicit proposals from the private sector on 
        how to innovatively accomplish the most critical research on 
        global climate change;
            (5) an integrated plan for research in the Scientific 
        Research and Mission to Planet Earth enterprises described in 
        the National Aeronautics and Space Administration Strategic 
        Plan issued in May, 1994;
            (6) a plan for developing metrics and milestones to 
        quantify the performance of work on Mission to Planet Earth; 
        and
            (7) a plan for the role, structure, and operation of the 
        Earth Observing Satellite Data Information System.

SEC. 259. ACQUISITION OF EARTH REMOTE SENSING DATA.

    (a) Acquisition.--To the maximum extent possible, the Administrator 
shall, where cost effective, acquire space-based and airborne Earth 
remote sensing data, services, distribution, and applications provided 
by the United States private sector to meet Government goals for 
Mission to Planet Earth.
    (b) Study.--(1) The Administrator shall conduct a study to 
determine the extent to which the baseline scientific requirements of 
Mission to Planet Earth can be met by the private sector, and how the 
National Aeronautics and Space Administration will meet such 
requirements which cannot be met by the private sector.
    (2) The study conducted under this subsection shall--
            (A) make recommendations to promote the availability of 
        information from the National Aeronautics and Space 
        Administration to the private sector to enable the private 
        sector to better meet the baseline scientific requirements of 
        Mission to Planet Earth;
            (B) determine and prioritize the appropriate baseline 
        scientific requirements for Mission to Planet Earth, and 
        reevaluate, scientifically justify, and prioritize the data 
        sets necessary to fulfill those baseline scientific 
        requirements;
            (C) make recommendations to promote the dissemination to 
        the private sector of information on advanced technology 
        research and development performed by or for the National 
        Aeronautics and Space Administration; and
            (D) identify policy, regulatory, and legislative barriers 
        to the implementation of the recommendations made under this 
        subsection.
    (3) The results of the study conducted under this subsection shall 
be transmitted to the Congress within 6 months after the date of the 
enactment of this Act.
    (c) Administration.--This section shall be carried out as part of 
the Commercial Remote Sensing Program at the Stennis Space Center.

SEC. 260. SHUTTLE PRIVATIZATION.

    (a) Policy and Preparation.--The Administrator shall prepare for an 
orderly transition from the Federal operation, or Federal management of 
contracted operation, of space transportation systems to the Federal 
purchase of commercial space transportation services for all 
nonemergency launch requirements, including human, cargo, and mixed 
payloads. In those preparations, the Administrator shall take into 
account the need for short-term economies, as well as the goal of 
restoring the National Aeronautics and Space Administration's research 
focus and its mandate to promote the fullest possible commercial use of 
space. As part of those preparations, the Administrator shall plan for 
the potential privatization of the Space Shuttle program after the year 
2012. Such plan shall keep safety and cost effectiveness as high 
priorities. Nothing in this section shall prohibit the National 
Aeronautics and Space Administration from studying, designing, 
developing, or funding upgrades or modifications essential to the safe 
and economical operation of the Space Shuttle fleet.
    (b) Safe Operation.--In reviewing proposals for moving to a single 
prime contractor the Administrator shall give priority to continued 
safe operation of space transportation systems.
    (c) Feasibility Study.--The Administrator shall conduct a study of 
the feasibility of implementing the recommendation of the Independent 
Shuttle Management Review Team that the National Aeronautics and Space 
Administration transition toward the privatization of the Space 
Shuttle. The study shall identify, discuss, and, where possible, 
present options for resolving, the major policy and legal issues that 
must be addressed before the Space Shuttle is privatized, including--
            (1) whether the Federal Government or the Space Shuttle 
        contractor should own the Space Shuttle orbiters and ground 
        facilities;
            (2) whether the Federal Government should indemnify the 
        contractor for any third party liability arising from Space 
        Shuttle operations, and, if so, under what terms and 
        conditions;
            (3) whether payloads other than National Aeronautics and 
        Space Administration payloads should be allowed to be launched 
        on the Space Shuttle, how missions will be prioritized, and who 
        will decide which mission flies and when;
            (4) whether commercial payloads should be allowed to be 
        launched on the Space Shuttle and whether any classes of 
        payloads should be made ineligible for launch consideration;
            (5) whether National Aeronautics and Space Administration 
        and other Federal Government payloads should have priority over 
        non-Federal payloads in the Space Shuttle launch assignments, 
        and what policies should be developed to prioritize among 
        payloads generally;
            (6) whether the public interest requires that certain Space 
        Shuttle functions continue to be performed by the Federal 
        Government; and
            (7) how much cost savings, if any, will be generated by 
        privatization of the Space Shuttle.
    (d) Report to Congress.--Within 60 days after the date of the 
enactment of this Act, the National Aeronautics and Space 
Administration shall complete the study required under subsection (c) 
and shall submit a report on the study to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives.

SEC. 261. LAUNCH VOUCHER DEMONSTRATION PROGRAM AMENDMENTS.

    Section 504 of the National Aeronautics and Space Administration 
Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the Office of Commercial Programs 
                within''; and
                    (B) by striking ``Such program shall not be 
                effective after September 30, 1995.'';
            (2) by striking subsection (c); and
            (3) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 262. PRIVATIZATION OF MICROGRAVITY PARABOLIC FLIGHT OPERATIONS.

    (a) Finding.--The Congress finds that no national security or 
mission critical justification exists for the National Aeronautics and 
Space Administration to maintain its own fleet of aircraft to provide a 
short duration microgravity environment via parabolic flight.
    (b) Privatization of Flight Operations.--(1) The Administrator 
shall privatize all parabolic flight aircraft operations conducted by 
or for the National Aeronautics and Space Administration in support of 
microgravity research, astronaut training, and other functions, whose 
total cost can be reduced through issuance of one or more long-term, 
renewable, block purchase contracts for the performance of such 
operations by United States commercial sector providers.
    (2) Within 90 days after the date of the enactment of this Act, the 
Administrator shall issue a request for proposals to provide services 
which meet all or part of the microgravity flight needs of the National 
Aeronautics and Space Administration, as described in paragraph (1) at 
a net savings to the United States Government. The Administrator shall 
coordinate the process of review of such proposals, and shall oversee 
the transfer of such operations to the commercial sector as specified 
in paragraph (3).
    (3) Within 6 months after the issuance of a request for proposals 
under paragraph (2), the Administrator shall, where cost effective, 
award one or more contracts for microgravity parabolic flight services 
to a microgravity flight provider that is certified by the Federal 
Aviation Administration. Except as provided in paragraph (4), the 
Administrator shall cease all National Aeronautics and Space 
Administration-operated parabolic aircraft flights, and shall 
thereafter procure all microgravity parabolic flight services from 
commercial sector providers. National Aeronautics and Space 
Administration experimenters, and National Aeronautics and Space 
Administration-funded experimenters, who would otherwise use National 
Aeronautics and Space Administration-owned or operated microgravity 
parabolic flight aircraft, shall be issued vouchers for the procurement 
of microgravity parabolic flight services from the commercial sector.
    (4) The Administrator may, as necessary to ensure the continuity of 
National Aeronautics and Space Administration operations, continue to 
operate parabolic aircraft flights for up to 3 months after a contract 
is awarded under paragraph (3). If the Administrator continues 
operations pursuant to this paragraph, the Administrator shall 
concurrently transmit to the Congress an explanation of the reasons for 
such action.
    (5) Six months after the National Aeronautics and Space 
Administration ceases all parabolic aircraft flights under paragraph 
(3), the Administrator shall transmit a report to Congress on the 
effectiveness of privatization under this section.

SEC. 263. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS.

    The Unitary Wind Tunnel Plan Act of 1949 is amended--
            (1) in section 101 (50 U.S.C. 511) by striking ``transsonic 
        and supersonic'' and inserting in lieu thereof ``transonic, 
        supersonic, and hypersonic''; and
            (2) in section 103 (50 U.S.C. 513)--
                    (A) by striking ``laboratories'' in subsection (a) 
                and inserting in lieu thereof ``laboratories and 
                centers'';
                    (B) by striking ``supersonic'' in subsection (a) 
                and inserting in lieu thereof ``transonic, supersonic, 
                and hypersonic''; and
                    (C) by striking ``laboratory'' in subsection (c) 
                and inserting in lieu thereof ``facility''.

SEC. 264. USE OF ABANDONED AND UNDERUTILIZED BUILDINGS, GROUNDS, AND 
              FACILITIES.

    (a) In General.--In meeting the needs of the National Aeronautics 
and Space Administration for additional facilities, the Administrator, 
whenever feasible, shall select abandoned and underutilized buildings, 
grounds, and facilities in depressed communities that can be converted 
to National Aeronautics and Space Administration facilities at a 
reasonable cost, as determined by the Administrator.
    (b) Definitions.--For purposes of this section, the term 
``depressed communities'' means rural and urban communities that are 
relatively depressed, in terms of age of housing, extent of poverty, 
growth of per capita income, extent of unemployment, job lag, or 
surplus labor.

SEC. 265. COST EFFECTIVENESS CALCULATIONS.

    In calculating the cost effectiveness of the cost of the National 
Aeronautics and Space Administration engaging in an activity as 
compared to the private sector, the comparison shall be made based only 
on the price the private sector provider will charge for such activity.

SEC. 266. PROCUREMENT OMBUDSMAN.

    (a) Establishment.--The Administrator shall establish the position 
of Procurement Ombudsman for the National Aeronautics and Space 
Administration.
    (b) Functions.--The Procurement Ombudsman shall--
            (1) be responsible, in consultation with the Office of 
        Procurement, for reviewing proposed new missions for the 
        National Aeronautics and Space Administration to determine if 
        such missions, or elements thereof, can be fulfilled by United 
        States commercial providers; and
            (2) serve as a point of contact for--
                    (A) persons with whom the National Aeronautics and 
                Space Administration has entered into a procurement 
                contract, with respect to concerns of those persons 
                about that contract; and
                    (B) United States commercial providers, with 
                respect to issues relating to competition between those 
                providers and the Federal Government.
    (c) Reports to Congress.--The Procurement Ombudsman shall annually, 
in conjunction with the President's annual budget request, transmit a 
report to Congress describing the activities of the Ombudsman during 
the previous year.

SEC. 267. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS BASED ON 
              SUBSTANTIAL EVIDENCE OF FRAUD.

    Section 2307(h)(8) of title 10, United States Code, is amended by 
striking ``and (4)'' and inserting in lieu thereof ``(4), and (6)''.

              TITLE III--UNITED STATES FIRE ADMINISTRATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Fire Administration Authorization 
Act of 1996''.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    Section 17(g)(1) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2216(a)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(G) $27,560,000 for the fiscal year ending September 30, 
        1997.''.

SEC. 303. FIRE SAFETY SYSTEMS IN ARMY HOUSING.

    Section 31(c)(1)(A)(ii)(II) is amended by inserting ``, or in the 
case of housing under the control of the Department of the Army, 6 
years after such date of enactment'' after ``date of enactment''.

SEC. 304. SUCCESSOR FIRE SAFETY STANDARDS.

    The Federal Fire Prevention and Control Act of 1974 is amended--
            (1) in section 29(a)(1), by inserting ``, or any successor 
        standard thereto,'' after ``Association Standard 74'';
            (2) in section 29(a)(2), by inserting ``or any successor 
        standards thereto,'' after ``whichever is appropriate,'';
            (3) in section 29(b)(2), by inserting ``, or any successor 
        standards thereto'' after ``Association Standard 13 or 13-R'';
            (4) in section 31(c)(2)(B)(i), by inserting ``or any 
        successor standard thereto,'' after ``Life Safety Code),''; and
            (5) in section 31(c)(2)(B)(ii), by inserting ``or any 
        successor standard thereto,'' after ``Association Standard 
        101,''.

SEC. 305. TERMINATION OR PRIVATIZATION OF FUNCTIONS.

    The Administrator of the United States Fire Administration shall 
transmit to Congress a report providing notice at least 60 days in 
advance of the termination or transfer to a private sector entity of 
any significant function of the United States Fire Administration.

SEC. 306. REPORT ON BUDGETARY REDUCTION.

    The Administrator of the United States Fire Administration shall 
transmit to Congress, within three months after the date of the 
enactment of this Act, a report setting forth the manner in which the 
United States Fire Administration intends to implement the budgetary 
reduction represented by the difference between the amount appropriated 
to the United States Fire Administration for fiscal year 1997 and the 
amount requested in the President's budget request for such fiscal 
year. Such report shall be prepared in consultation with the Alliance 
for Fire and Emergency Management, the International Association of 
Fire Chiefs, the International Association of Fire Fighters, the 
National Fire Protection Association, the National Volunteer Fire 
Council, the National Association of State Fire Marshals, and the 
International Association of Arson Investigators.

       TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``National Oceanic and Atmospheric 
Administration Authorization Act of 1996''.

SEC. 402. DEFINITIONS.

    For the purposes of this title, the term--
            (1) ``Act of 1890'' means the Act entitled ``An Act to 
        increase the efficiency and reduce the expenses of the Signal 
        Corps of the Army, and to transfer the Weather Bureau to the 
Department of Agriculture'', approved October 1, 1890 (26 Stat. 653);
            (2) ``Act of 1947'' means the Act entitled ``An Act to 
        define the functions and duties of the Coast and Geodetic 
        Survey, and for other purposes'', approved August 6, 1947 (33 
        U.S.C. 883a et seq.);
            (3) ``Act of 1970'' means the Act entitled ``An Act to 
        clarify the status and benefits of commissioned officers of the 
        National Oceanic and Atmospheric Administration, and for other 
        purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et 
        seq.);
            (4) ``Administrator'' means the Administrator of the 
        National Oceanic and Atmospheric Administration; and
            (5) ``Secretary'' means the Secretary of Commerce.

        Subtitle A--Atmospheric, Weather, and Satellite Programs

SEC. 411. NATIONAL WEATHER SERVICE.

    (a) Operations and Research.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the operations and research 
duties of the National Weather Service, $445,668,000 for fiscal year 
1997. Such duties include meteorological, hydrological, and 
oceanographic public warnings and forecasts, as well as applied 
research in support of such warnings and forecasts.
    (b) Systems Acquisition.--(1) There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the public warning and forecast 
systems duties of the National Weather Service, $64,991,000 for fiscal 
year 1997. Such duties include the development, acquisition, and 
implementation of major public warning and forecast systems, including 
the upgrade of computer facilities. None of the funds authorized under 
this subsection shall be used for the purposes for which funds are 
authorized under subsection (e). None of the funds authorized under 
this subsection shall be used for the purposes for which funds are 
authorized under section 102(b) of the National Oceanic and Atmospheric 
Administration Authorization Act of 1992 (Public Law 102-567). None of 
the funds authorized by such section 102(b) shall be expended for a 
particular NEXRAD installation unless--
            (A) it is identified as a National Weather Service NEXRAD 
        installation in the National Implementation Plan for 
        modernization of the National Weather Service, required under 
section 703 of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 (Public Law 102-567); or
            (B) it is to be used only for spare parts, not as an 
        installation at a particular site.
    (2) Of the amounts authorized under paragraph (1), $42,935,000 
shall be for NEXRAD program management, operations, and maintenance.
    (c) New NEXRAD Installations.--No funds may be obligated for NEXRAD 
installations not identified in the National Implementation Plan for 
1996, unless the Secretary certifies that such NEXRAD installations can 
be acquired within the authorization of NEXRAD contained in section 
102(b) of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992.
    (d) ASOS Program Authorization.--Of the sums authorized in 
subsection (b)(1), $10,056,000 for fiscal year 1997 are authorized to 
be appropriated to the Secretary, for the acquisition and deployment 
of--
            (1) the Automated Surface Observing System and related 
        systems, including multisensor and backup arrays for National 
        Weather Service sites at airports; and
            (2) Automated Meteorological Observing System and Remote 
        Automated Meteorological Observing System replacement units.
and to cover all associated activities, including program management 
and operations and maintenance.
    (e) AWIPS Complete Program Authorization.--(1) Except as provided 
in paragraph (2), there are authorized to be appropriated to the 
Secretary for all fiscal years beginning after September 30, 1996, an 
aggregate of $271,166,000, to remain available until expended, to 
complete the acquisition and deployment of the Advanced Weather 
Interactive Processing System and NOAA Port and to cover all associated 
activities, including program management and operations and maintenance 
through September 30, 1999.
    (2) No funds are authorized to be appropriated for any fiscal year 
under paragraph (1) unless, within 60 days after the submission of the 
President's budget request for such fiscal year, the Secretary--
            (A) certifies to the Congress that--
                    (i) the systems meet the technical performance 
                specifications included in the system contract as in 
                effect on August 11, 1995;
                    (ii) the systems can be fully deployed, sited, and 
                operational without requiring further appropriations 
                beyond amounts authorized under paragraph (1); and
                    (iii) the Secretary does not foresee any delays in 
                the systems deployment and operations schedule; or
            (B) submits to the Congress a report which describes--
                    (i) the circumstances which prevent a certification 
                under subparagraph (A);
                    (ii) remedial actions undertaken or to be 
                undertaken with respect to such circumstances;
                    (iii) the effects of such circumstances on the 
                systems deployment and operations schedule and systems 
                coverage; and
                    (iv) a justification for proceeding with the 
                program, if appropriate.
    (f) Construction of Weather Forecast Offices.--There are authorized 
to be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out construction, repair, and 
modification activities relating to new and existing weather forecast 
offices, $11,000,000 for fiscal year 1997. Such activities include 
planning, design, and land acquisition related to such offices.
    (g) Streamlining Weather Service Modernization.--
            (1) Repeals.--Sections 706 and 707 of the Weather Service 
        Modernization Act (15 U.S.C. 313 note) are repealed.
            (2) Conforming amendments.--The Weather Service 
        Modernization Act (15 U.S.C. 313 note) is amended--
                    (A) in section 702, by striking paragraph (3) and 
                redesignating paragraphs (4) through (10) as paragraphs 
                (3) through (9), respectively; and
                    (B) in section 703--
                            (i) by striking ``(a) National 
                        Implementation Plan.--'';
                            (ii) by striking paragraph (3) and 
                        redesignating paragraphs (4), (5), and (6) as 
                        paragraphs (3), (4), and (5), respectively; and
                            (iii) by striking subsections (b) and (c).

SEC. 412. ATMOSPHERIC RESEARCH.

    (a) Climate and Air Quality Research.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out its climate and air quality 
research duties, $99,272,000 for fiscal year 1997. Such duties include 
internannual and seasonal climate research and long-term climate and 
air quality research.
    (b) Atmospheric Programs.--There are authorized to be appropriated 
to the Secretary to enable the National Oceanic and Atmospheric 
Administration to carry out its atmospheric research duties, 
$43,182,000 for fiscal year 1997. Such duties include research for 
developing improved prediction capabilities for atmospheric processes, 
as well as solar-terrestrial research and services.

SEC. 413. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION 
              SERVICE.

    (a) Satellite Observing Systems.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out its satellite observing systems 
duties, $308,473,000 for fiscal year 1997, to remain available until 
expended. Such duties include spacecraft procurement, launch, and 
associated ground station systems involving polar orbiting and 
geostationary environmental satellites, as well as the operation of 
such satellites. None of the funds authorized under this subsection 
shall be used for the purposes for which funds are authorized under 
section 105(d) of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 (Public Law 102-567).
    (b) POES Program Authorization.--Of the sums authorized in 
subsection (a), there are authorized to be appropriated to the 
Secretary $147,664,000 for fiscal year 1997, to remain available until 
expended, for the procurement and launch of, and supporting ground 
systems for, Polar Orbiting Environmental Satellites, K, L, M, N, and 
N\1\.
    (c) Geostationary Operational Environmental Satellites.--Of the 
sums authorized in subsection (a), there are authorized to be 
appropriated to the Administrator $70,757,000 for fiscal year 1997, to 
remain available until expended to procure up to three additional 
Geostationary Operational Environmental NEXT Satellites (GOES I-M 
clones), instruments, and supporting ground systems.
    (d) National Polar-Orbiting Operational Environmental Satellite 
System Program Authorization.--Of the sums authorized in subsection 
(a), there are authorized to be appropriated to the Secretary, for 
fiscal year 1997, $39,500,000, to remain available until expended, for 
the procurement of the National Polar-Orbiting Operational 
Environmental Satellite System, and the procurement of the launching 
and supporting ground systems of such satellites.
    (e) Environmental Data and Information Services.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out its environmental 
data and information services duties, $44,898,000 for fiscal year 1997. 
Such duties include climate data services, geophysical data services, 
and environmental assessment and information services.

                      Subtitle B--Marine Research

SEC. 421. NATIONAL OCEAN SERVICE.

    (a) Mapping and Charting.--There are authorized to be appropriated 
to the Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out mapping and charting activities under the 
Act of 1947 and any other law involving those activities, $36,500,000 
for fiscal year 1997.
    (b) Geodesy.--There are authorized to be appropriated to the 
Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out geodesy activities under the Act of 1947 
and any other law involving those activities, $20,163,000 for fiscal 
year 1997.
    (c) Observation and Prediction.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary, to enable the National Oceanic and Atmospheric 
        Administration to carry out observation and prediction 
        activities under the Act of 1947 and any other law involving 
        those activities, $11,000,000 for fiscal year 1997.
            (2) Ocean and earth sciences.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary, to enable the National Oceanic 
        and Atmospheric Administration to carry out ocean and earth 
        science activities, $3,000,000 for fiscal year 1997.
    (d) Estuarine and Coastal Assessment.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary, to enable the National Oceanic and Atmospheric 
        Administration to support estuarine and coastal assessment 
        activities under the Act of 1947 and any other law involving 
        those activities, $2,674,000 for fiscal year 1997.
            (2) Ocean assessment.--In addition to amounts authorized 
        under paragraph (1), there are authorized to be appropriated to 
        the Secretary, to enable the National Oceanic and Atmospheric 
        Administration to carry out the National Status and Trends 
        Program, the Strategic Environmental Assessment Program, and 
        the Hazardous Materials Response Program, $21,925,000 for 
        fiscal year 1997.
            (3) Damage assessment program.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary, to enable the National Oceanic 
        and Atmospheric Administration to carry out the Damage 
        Assessment Program, $1,200,000 for fiscal year 1997.

SEC. 422. OCEAN AND GREAT LAKES RESEARCH.

    (a) Marine Prediction Research.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out marine prediction research 
activities under the Act of 1947, the Act of 1890, and any other law 
involving those activities, $14,808,000 for fiscal year 1997.
    (b) National Sea Grant College Program.--(1) Section 212(a) of the 
National Sea Grant College Program Act (33 U.S.C. 1131(a)) is amended 
to read as follows:
    ``(a) Grants and Contracts; Fellowships.--There are authorized to 
be appropriated to carry out sections 205 and 208, $34,500,000 for 
fiscal year 1997.''.
    (2) Section 212(b)(1) of the National Sea Grant College Program Act 
(33 U.S.C. 1131(b)(1)) is amended by striking ``an amount'' and all 
that follows through ``not to exceed $2,900,000'' and inserting in lieu 
thereof ``$1,500,000 for fiscal year 1997''.
    (3) Section 203(4) of the National Sea Grant College Program Act 
(33 U.S.C. 1122(4)) is amended by striking ``discipline or field'' and 
all that follows through ``public administration)'' and inserting in 
lieu thereof ``field or discipline involving scientific research''.
    (c) Coastal Ocean Program.--There are authorized to be appropriated 
to the Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out the Coastal Ocean Program, $17,300,000 for 
fiscal year 1997.

                      Subtitle C--Program Support

SEC. 431. PROGRAM SUPPORT.

    (a) Executive Direction and Administrative Activities.--There are 
authorized to be appropriated to the Secretary, to enable the National 
Oceanic and Atmospheric Administration to carry out executive direction 
and administrative activities under the Act of 1970 and any other law 
involving those activities, $20,000,000 for fiscal year 1997.
    (b) Central Administrative Support.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out central administrative support 
activities under the Act of 1970 and any other law involving those 
activities, $33,000,000 for fiscal year 1997.
    (c) Retired Pay.--There are authorized to be appropriated to the 
Secretary, for retired pay for retired commissioned officers of the 
National Oceanic and Atmospheric Administration under the Act of 1970, 
$7,706,000 for fiscal year 1997.
    (d) Marine Services.--
            (1) Service contracts.--Notwithstanding any other provision 
        of law and subject to the availability of appropriations, the 
        Secretary shall enter into contracts, including multiyear 
        contracts, subject to paragraph (3), for the use of vessels to 
        conduct oceanographic research and fisheries research, 
        monitoring, enforcement, and management, and to acquire other 
        data necessary to carry out the missions of the National 
        Oceanic and Atmospheric Administration. The Secretary shall 
        enter into these contracts unless--
                    (A) the cost of the contract is more than the cost 
                (including the cost of vessel operation, maintenance, 
                and all personnel) to the National Oceanic and 
                Atmospheric Administration of obtaining those services 
                on vessels of the National Oceanic and Atmospheric 
                Administration;
                    (B) the contract is for more than 7 years; or
                    (C) the data is acquired through a vessel agreement 
                pursuant to paragraph (4).
            (2) Vessels.--The Secretary may not enter into any contract 
        for the construction, lease-purchase, upgrade, or service life 
        extension of any vessel.
            (3) Multiyear contracts.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), and notwithstanding section 1341 of title 31, 
                United States Code, and section 11 of title 41, United 
                States Code, the Secretary may acquire data under 
                multiyear contracts.
                    (B) Required findings.--The Secretary may not enter 
                into a contract pursuant to this paragraph unless the 
                Secretary finds with respect to that contract that 
                there is a reasonable expectation that throughout the 
                contemplated contract period the Secretary will request 
                from Congress funding for the contract at the level 
                required to avoid contract termination.
                    (C) Required provisions.--The Secretary may not 
                enter into a contract pursuant to this paragraph unless 
                the contract includes--
                            (i) a provision under which the obligation 
                        of the United States to make payments under the 
                        contract for any fiscal year is subject to the 
                        availability of appropriations provided in 
                        advance for those payments;
                            (ii) a provision that specifies the term of 
                        effectiveness of the contract; and
                            (iii) appropriate provisions under which, 
                        in case of any termination of the contract 
                        before the end of the term specified pursuant 
                        to clause (ii), the United States shall only be 
                        liable for the lesser of--
                                    (I) an amount specified in the 
                                contract for such a termination; or
                                    (II) amounts that were appropriated 
                                before the date of the termination for 
                                the performance of the contract or for 
                                procurement of the type of acquisition 
                                covered by the contract and are 
                                unobligated on the date of the 
                                termination.
            (4) Vessel agreements.--The Secretary shall use excess 
        capacity of University National Oceanographic Laboratory System 
        vessels where appropriate and may enter into memoranda of 
        agreement with the operators of these vessels to carry out this 
        requirement.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary, to enable the National 
        Oceanic and Atmospheric Administration to carry out marine 
        services activities, $56,292,000 for fiscal year 1997.
    (e) Aircraft Services.--There are authorized to be appropriated to 
the Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out aircraft services activities (including 
aircraft operations, maintenance, and support) under the Act of 1970 
and any other law involving those activities, $9,153,000 for fiscal 
year 1997.
    (f) Facilities Repairs and Renovations.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out facilities repairs and 
renovations, $7,546,000 for fiscal year 1997.

                 Subtitle D--Streamlining of Operations

SEC. 441. PROGRAMS.

    (a) Programs.--No funds are authorized to be appropriated for the 
following programs and accounts:
            (1) The National Undersea Research Program.
            (2) The Fleet Modernization, Shipbuilding, and Construction 
        Account.
            (3) The Charleston, South Carolina, Special Management 
        Plan.
            (4) Chesapeake Bay Observation Buoys.
            (5) Federal/State Weather Modification Grants.
            (6) The Southeast Storm Research Account.
            (7) National Institute for Environmental Renewal.
            (8) The Lake Champlain Study.
            (9) The Maine Marine Research Center.
            (10) The South Carolina Cooperative Geodetic Survey 
        Account.
            (11) Pacific Island Technical Assistance.
            (12) VENTS program.
            (13) National Weather Service non-Federal, non-wildfire 
        Fire Weather Service.
            (14) National Weather Service Regional Climate Centers.
            (15) National Weather Service Samoa Weather Forecast Office 
        Repair and Upgrade Account.
            (16) Dissemination of Weather Charts (Marine Facsimile 
        Service).
            (17) The Southeast United States Caribbean Fisheries 
        Oceanographic Coordinated Investigations Program.
            (18) National Coastal Research and Development Institute 
        Account.
            (19) Global Learning and Observations to Benefit the 
        Environment program.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Science of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report certifying that all the 
programs listed in subsection (a) will be terminated no later than 
September 30, 1996.
    (c) Repeal of Sea Grant Programs.--
            (1) Repeals.--(A) Section 208(b) of the National Sea Grant 
        College Program Act (33 U.S.C. 1127(b)) is repealed.
            (B) Section 3 of the Sea Grant Program Improvement Act of 
        1976 (33 U.S.C. 1124a) is repealed.
            (2) Conforming amendment.--Section 209 of the National Sea 
        Grant College Program Act (33 U.S.C. 1128(b)(1)) is amended by 
        striking ``and section 3 of the Sea Grant Program Improvement 
        Act of 1976''.
    (d) Additional Repeal.--The NOAA Fleet Modernization Act (33 U.S.C. 
851 note) is repealed.

SEC. 442. LIMITATIONS ON APPROPRIATIONS.

    (a) Maximum Amount.--No more than $1,765,359,000 are authorized to 
be appropriated to the Secretary for fiscal year 1997, by this Act and 
any other Act, to enable the National Oceanic and Atmospheric 
Administration to carry out all activities associated with Operations, 
Research, and Facilities.
    (b) Reduction in Travel Budget.--Of the sums appropriated under 
this Act for Operations, Research, and Facilities, no more than 
$20,000,000 may be used for reimbursement of travel and related 
expenses for National Oceanic and Atmospheric Administration personnel.

SEC. 443. TERMINATION OF THE CORPS OF COMMISSIONED OFFICERS.

    (a) Number of Officers.--Notwithstanding section 8 of the Act of 
June 3, 1948 (33 U.S.C. 853g), no commissioned officers are authorized 
for any fiscal year after fiscal year 1996.
    (b) Severance Pay.--Commissioned officers may be separated from the 
active list of the National Oceanic and Atmospheric Administration. In 
lieu of separation pay, officers so separated shall be eligible only 
for severance pay in accordance with the terms and conditions of 
section 5595 of title 5, United States Code, and only to the extent 
provided in advance in appropriations Acts.
    (c) Transfer.--(1) Subject to the approval of the Secretary of 
Defense and under terms and conditions specified by the Secretary, 
commissioned officers subject to subsection (a) may transfer to the 
armed services under section 716 of title 10, United States Code.
    (2) Subject to the approval of the Secretary of Transportation and 
under terms and conditions specified by the Secretary, commissioned 
officers subject to subsection (a) may transfer to the United States 
Coast Guard under section 716 of title 10, United States Code.
    (3) Subject to the approval of the Administrator of the National 
Oceanic and Atmospheric Administration and under terms and conditions 
specified by that Administrator, a commissioned officer subject to 
subsection (a) may be employed by the National Oceanic and Atmospheric 
Administration as a member of the civil service, if the Administrator 
considers that individual to be the best available candidate for the 
position. No new civil service position may be created pursuant to this 
paragraph.
    (4) The Administrator shall, before December 1, 1996, transmit to 
the Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report listing all officers employed by the National Oceanic and 
Atmospheric Administration under paragraph (3), a description of their 
responsibilities as members of the NOAA Corps, and a description of 
their responsibilities as civil service employees of the National 
Oceanic and Atmospheric Administration.
    (d) Repeals.--(1) The following provisions of law are repealed:
            (A) The Coast and Geodetic Survey Commissioned Officers' 
        Act of 1948 (33 U.S.C. 853a-853o, 853p-853u).
            (B) The Act of February 16, 1929 (Chapter 221, section 5; 
        45 Stat. 1187; 33 U.S.C. 852a).
            (C) The Act of January 19, 1942 (Chapter 6; 56 Stat. 6).
            (D) Section 9 of Public Law 87-649 (76 Stat. 495).
            (E) The Act of May 22, 1917 (Chapter 20, section 16; 40 
        Stat. 87; 33 U.S.C. 854 et seq.).
            (F) The Act of December 3, 1942 (Chapter 670; 56 Stat. 
        1038.
            (G) Sections 1 through 5 of Public Law 91-621 (84 Stat. 
        1863; 33 U.S.C. 857-1 et seq.).
            (H) The Act of August 10, 1956 (Chapter 1041, section 3; 
        70A Stat. 619; 33 U.S.C. 857a).
            (I) The Act of May 18, 1920 (Chapter 190, section 11; 41 
        Stat. 603; 33 U.S.C. 864).
            (J) The Act of July 22, 1947 (Chapter 286; 61 Stat. 400; 33 
        U.S.C. 873, 874).
            (K) The Act of August 3, 1956 (Chapter 932; 70 Stat. 988; 
        33 U.S.C. 875, 876).
            (L) All other Acts inconsistent with this subsection.
Following the repeal of provisions under this paragraph, all retirement 
benefits for the NOAA Corps which are in existence on September 30, 
1996, shall continue to apply to eligible NOAA Corps officers and 
retirees.
    (2) The effective date of the repeals under paragraph (1) shall be 
October 1, 1996.
    (e) Abolition.--The Office of the National Oceanic and Atmospheric 
Administration Corps of Operations and the Commissioned Personnel 
Center are abolished effective September 30, 1996.

                       Subtitle E--Miscellaneous

SEC. 451. WEATHER DATA BUOYS.

    (a) Prohibition.--It shall be unlawful for any unauthorized person 
to remove, change the location of, obstruct, willfully damage, make 
fast to, or interfere with any weather data buoy established, 
installed, operated, or maintained by the National Data Buoy Center.
    (b) Civil Penalties.--The Administrator is authorized to assess a 
civil penalty against any person who violates any provision of this 
section in an amount of not more than $10,000 for each violation. Each 
day during which such violation continues shall be considered a new 
offense. Such penalties shall be assessed after notice and opportunity 
for a hearing.
    (c) Rewards.--The Administrator may offer and pay rewards for the 
apprehension and conviction, or for information helpful therein, of 
persons found interfering, in violation of law, with data buoys 
maintained by the National Data Buoy Center; or for information leading 
to the discovery of missing National Weather Service property or the 
recovery thereof.

SEC. 452. DUTIES OF THE NATIONAL WEATHER SERVICE.

    (a) In General.--To protect life and property and enhance the 
national economy, the Secretary, through the National Weather Service, 
except as outlined in subsection (b), shall be responsible for--
            (1) forecasts and shall serve as the sole official source 
        of weather warnings;
            (2) the issue of storm warnings;
            (3) the collection, exchange, and distribution of 
        meteorological, hydrological, climatic, and oceanographic data 
        and information; and
            (4) the preparation of hydrometeorological guidance and 
        core forecast information.
    (b) Competition With Private Sector.--The National Weather Service 
shall not compete, or assist other entities to compete, with the 
private sector when a service is currently provided or can be provided 
by commercial enterprise, unless--
            (1) the Secretary finds that the private sector is 
        unwilling or unable to provide the services; and
            (2) the service provides vital weather warnings and 
        forecasts for the protection of lives and property of the 
        general public.
    (c) Amendments.--The Act of 1890 is amended--
            (1) by striking section 3 (15 U.S.C. 313); and
            (2) in section 9 (15 U.S.C. 317), by striking all after 
        ``Department of Agriculture'' and inserting in lieu thereof a 
        period.
    (d) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Science of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report detailing all National 
Weather Service activities which do not conform to the requirements of 
this section and outlining a timetable for their termination.

SEC. 453. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

    (a) Program Required.--(1) Subtitle C of title 10, United States 
Code, is amended by adding after chapter 663 the following new chapter:

       ``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM

``Sec.
``7901. National Oceanographic Partnership Program.
``7902. National Ocean Research Leadership Council.
``7903. Ocean Research Partnership Coordinating Group.
``7904. Ocean Research Advisory Panel.
``Sec. 7901. National Oceanographic Partnership Program
    ``(a) Establishment.--The Secretary of the Navy shall establish a 
program to be known as the `National Oceanographic Partnership 
Program'.
    ``(b) Purposes.--The purposes of the program are as follows:
            ``(1) To promote the national goals of assuring national 
        security, protecting quality of life, and strengthening science 
        and education through improved knowledge of the ocean.
            ``(2) To coordinate and strengthen oceanographic efforts in 
        support of those goals by--
                    ``(A) identifying and carrying out partnerships 
                among Federal agencies, academia, industry, and other 
                members of the oceanographic scientific community in 
                the areas of data, resources, and education; and
                    ``(B) reporting annually to Congress on the 
                program.
``Sec. 7902. National Ocean Research Leadership Council
    ``(a) Council.--There is established a National Ocean Research 
Leadership Council (hereinafter in this chapter referred to as the 
``Council'').
    ``(b) Membership.--The Council is composed of the following 
members:
            ``(1) The Secretary of the Navy, who shall be the chairman 
        of the Council.
            ``(2) The Administrator of the National Oceanic and 
        Atmospheric Administration, who shall be the vice chairman of 
        the Council.
            ``(3) The Director of the National Science Foundation.
            ``(4) The Administrator of the National Aeronautics and 
        Space Administration.
            ``(5) The Deputy Secretary of Energy.
            ``(6) The Administrator of the Environmental Protection 
        Agency.
            ``(7) The Commandant of the Coast Guard.
            ``(8) The Director of the Geological Survey of the 
        Department of the Interior.
            ``(9) The Director of the Defense Advanced Research 
        Projects Agency.
            ``(10) The Director of the Minerals Management Service of 
        the Department of the Interior.
            ``(11) The President of the National Academy of Sciences, 
        the President of the National Academy of Engineering, and the 
        President of the Institute of Medicine.
            ``(12) The Director of the Office of Science and 
        Technology.
            ``(13) The Director of the Office of Management and Budget.
            ``(14) One member appointed by the Chairman from among 
        individuals who will represent the views of ocean industries.
            ``(15) One member appointed by the Chairman from among 
        individuals who will represent the views of State governments.
            ``(16) One member appointed by the Chairman from among 
        individuals who will represent the views of academia.
            ``(17) One member appointed by the Chairman from among 
        individuals who will represent such other views as the Chairman 
        considers appropriate.
    ``(c) Term of Office.--The term of office of a member of the 
Council appointed under paragraph (14), (15), (16), or (17) of 
subsection (b) shall be two years, except that any person appointed to 
fill a vacancy occurring before the expiration of the term for which 
his predecessor was appointed shall be appointed for the remainder of 
such term.
    ``(d) Responsibilities.--The Council shall have the following 
responsibilities:
            ``(1) To establish the Ocean Research Partnership 
        Coordinating Group as provided in section 7903.
            ``(2) To establish the Ocean Research Advisory Panel as 
        provided in section 7904.
            ``(3) To submit to Congress an annual report pursuant to 
        subsection (e).
    ``(e) Annual Report.--Not later than March 1 of each year, the 
Council shall submit to Congress a report on the National Oceanographic 
Partnership Program. The report shall contain the following:
            ``(1) A description of activities of the program carried 
        out during the fiscal year before the fiscal year in which the 
        report is prepared. The description also shall include a list 
        of the members of the Ocean Research Partnership Coordinating 
        Group, the Ocean Research Advisory Panel, and any working 
        groups in existence during the fiscal year covered.
            ``(2) A general outline of the activities planned for the 
        program during the fiscal year in which the report is prepared.
            ``(3) A summary of projects continued from the fiscal year 
        before the fiscal year in which the report is prepared and 
        projects expected to be started during the fiscal year in which 
        the report is prepared and during the following fiscal year.
            ``(4) A description of the involvement of the program with 
        Federal interagency coordinating entities.
            ``(5) The amounts requested, in the budget submitted to 
        Congress pursuant to section 1105(a) of title 31 for the fiscal 
        year following the fiscal year in which the report is prepared, 
        for the programs, projects, and activities of the program and 
        the estimated expenditures under such programs, projects, and 
        activities during such following fiscal year.
``Sec. 7903. Ocean Research Partnership Coordinating Group
    ``(a) Establishment.--The Council shall establish an entity to be 
known as the `Ocean Research Partnership Coordinating Group' 
(hereinafter in this chapter referred to as the `Coordinating Group').
    ``(b) Membership.--The Coordinating Group shall consist of members 
appointed by the Council, with one member appointed from each Federal 
department or agency having an oceanographic research or development 
program.
    ``(c) Chairman.--The Council shall appoint the Chairman of the 
Coordinating Group.
    ``(d) Responsibilities.--Subject to the authority, direction, and 
control of the Council, the Coordinating Group shall have the following 
responsibilities:
            ``(1) To prescribe policies and procedures to implement the 
        National Oceanographic Partnership Program.
            ``(2) To review, select, and identify and allocate funds 
        for partnership projects for implementation under the program, 
        based on the following criteria:
                    ``(A) Whether the project addresses critical 
                research objectives or operational goals, such as data 
                accessibility and quality assurance, sharing of 
                resources, or education.
                    ``(B) Whether the project has broad participation 
                within the oceanographic community.
                    ``(C) Whether the partners have a long-term 
                commitment to the objectives of the project.
                    ``(D) Whether the resources supporting the project 
                are shared among the partners.
                    ``(E) Whether the project has been subjected to 
                adequate peer review.
            ``(3) To promote participation in partnership projects by 
        each Federal department and agency involved with oceanographic 
        research and by prescribing guidelines for participation in the 
        program.
            ``(4) To submit to the Council an annual report pursuant to 
        subsection (i).
    ``(e) Partnership Program Office.--The Coordinating Group shall 
establish, using competitive procedures, and oversee a partnership 
program office to carry out such duties as the Chairman of the 
Coordinating Group considers appropriate to implement the National 
Oceanographic Partnership Program, including the following:
            ``(1) To establish and oversee working groups to propose 
        partnership projects to the Coordinating Group and advise the 
        Group on such projects.
            ``(2) To manage peer review of partnership projects 
        proposed to the Coordinating Group and competitions for 
        projects selected by the Group.
            ``(3) To submit to the Coordinating Group an annual report 
        on the status of all partnership projects and activities of the 
        office.
    ``(f) Contract and Grant Authority.--The Coordinating Group may 
authorize one or more of the departments or agencies represented in the 
Group to enter into contracts and make grants, using funds appropriated 
pursuant to an authorization for the National Oceanographic Partnership 
Program, for the purpose of implementing the program and carrying out 
the Coordinating Group's responsibilities.
    ``(g) Forms of Partnership Projects.--Partnership projects selected 
by the Coordinating Group may be in any form that the Coordinating 
Group considers appropriate, including memoranda of understanding, 
cooperative research and development agreements, and similar 
instruments.
    ``(h) Annual Report.--Not later than February 1 of each year, the 
Coordinating Group shall submit to the Council a report on the National 
Oceanographic Partnership Program. The report shall contain, at a 
minimum, copies of any recommendations or reports to the Coordinating 
Group by the Ocean Research Advisory Panel.
``Sec. 7904. Ocean Research Advisory Panel
    ``(a) Establishment.--The Council shall appoint an Ocean Research 
Advisory Panel (hereinafter in this chapter referred to as the 
`Advisory Panel') consisting of not less than 10 and not more than 18 
members.
    ``(b) Membership.--Members of the Advisory Panel shall be appointed 
from among persons who are eminent in the field of marine science, or 
related fields, and who are representative, at a minimum, of the 
interests of government, academia, and industry.
    ``(c) Responsibilities.--(1) The Coordinating Group shall refer to 
the Advisory Panel, and the Advisory Panel shall review, each proposed 
partnership project estimated to cost more than $500,000. The Advisory 
Panel shall make any recommendations to the Coordinating Group that the 
Advisory Panel considers appropriate regarding such projects.
    ``(2) The Advisory Panel shall make any recommendations to the 
Coordinating Group regarding activities that should be addressed by the 
National Oceanographic Partnership Program that the Advisory Panel 
considers appropriate.''.
    (2) The table of chapters at the beginning of subtitle C of title 
10, United States Code, and at the beginning of part IV of such 
subtitle, are each amended by inserting after the item relating to 
chapter 663 the following:

``665. National Oceanographic Partnership Program...........    7901''.
    (b) Initial Appointments of Council Members.--The Secretary of the 
Navy shall make the appointments required by section 7902(b) of title 
10, United States Code, as added by subsection (a)(1), not later than 
December 1, 1996.
    (c) Initial Appointments of Advisory Panel Members.--The National 
Ocean Research Leadership Council established by section 7902 of title 
10, United States Code, as added by subsection (a)(1), shall make the 
appointments required by section 7904 of such title not later than 
January 1, 1997.
    (d) First Annual Report of National Ocean Research Leadership 
Council.--The first annual report required by section 7902(e) of title 
10, United States Code, as added by subsection (a)(1), shall be 
submitted to Congress not later than March 1, 1997. The first report 
shall include, in addition to the information required by such section, 
information about the terms of office, procedures, and responsibilities 
of the Ocean Research Advisory Panel established by the Council.
    (e) Authorization of Appropriations.--No funds are authorized to be 
appropriated by this Act for the National Oceanographic Partnership 
Program for fiscal year 1997.

                TITLE V--ENVIRONMENTAL PROTECTION AGENCY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Environmental Research, 
Development, and Demonstration Authorization Act of 1996''.

SEC. 502. DEFINITIONS.

    For the purposes of this title, the term--
            (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
            (2) ``Agency'' means the Environmental Protection Agency; 
        and
            (3) ``Assistant Administrator'' means the Assistant 
        Administrator for Research and Development of the Agency.

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Administrator $487,126,600 for fiscal year 1997 for Science and 
Technology activities, including program management and support, in the 
areas specified in subsection (b).
    (b) Specific Programs and Activities.--Of the amount authorized in 
subsection (a), there are authorized to be appropriated the following:
            (1) For air related research, $74,119,900.
            (2) For global change research, $1,400,000.
            (3) For water quality related research, $26,294,000.
            (4) For drinking water related research, $26,593,700.
            (5) For toxic substances related research, $12,341,500.
            (6) For lab and field expenses, $73,031,600.
            (7) For headquarters expenses of the Office of Research and 
        Development, $9,254,800.
            (8) For multimedia related research expenses, $174,060,100, 
        of which $5,000,000 shall be for graduate student fellowships.
            (9) For program management expenses, $6,399,000.
            (10) For pesticide related research, $20,632,000.
            (11) For research related to hazardous waste, $12,000,000.
            (12) For environmental research laboratories, $51,000,000.
    (c) Additional Authorizations.--There are authorized to be 
appropriated to the Administrator for fiscal year 1997--
            (1) for oil pollution related research, $2,076,900; and
            (2) for research related to leaking underground storage 
        tanks, $769,000.
    (d) Limitations.--No funds are authorized to be appropriated by 
this title for--
            (1) the Environmental Technology Initiative;
            (2) the Climate Change Action Plan;
            (3) Indoor Air Research;
            (4) North Dakota Center for Air Toxic Metals Research;
            (5) drinking water research conducted by the American Water 
        Works Association Research Foundation, other than amounts 
        awarded through a competitive process;
            (6) the Water Environmental Research Foundation;
            (7) the National Urban Air Toxics Research Center;
            (8) the Gulf Coast Hazardous Substances Research Center;
            (9) urban waste management research at the University of 
        New Orleans, other than amounts awarded through a competitive 
        process;
            (10) the Resources and Agricultural Policy Systems Program 
        at Iowa State University; or
            (11) the Oil Spill Remediation Research Center.

SEC. 504. SCIENTIFIC RESEARCH REVIEW.

    (a) In General.--The Administrator shall assign to the Assistant 
Administrator the duties of--
            (1) developing a strategic plan for scientific and 
        technical research activities throughout the Agency;
            (2) integrating that strategic plan into ongoing Agency 
        planning activities; and
            (3) reviewing all Agency research to ensure the research--
                    (A) is of high quality; and
                    (B) does not duplicate any other research being 
                conducted by the Agency.
    (b) Report.--The Assistant Administrator shall transmit annually to 
the Administrator and to the Committee on Science of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report detailing--
            (1) all Agency research the Assistant Administrator finds 
        is not of sufficiently high quality; and
            (2) all Agency research the Assistant Administrator finds 
        duplicates other Agency research.

SEC. 505. GRADUATE STUDENT FELLOWSHIPS.

    In carrying out the graduate student fellowship program for which 
funds are authorized to be appropriated by this title, the 
Administrator shall ensure that any fellowship award to a student 
selected after the date of the enactment of this Act is used only to 
support scientific research that would further missions of the Office 
of Research and Development in fields in which there exists or is 
projected to exist a shortage in the number of scientists.

SEC. 506. SCIENCE ADVISORY BOARD.

    (a) Annual Report.--The Science Advisory Board shall submit to 
Congress and to the Administrator an annual report that contains the 
views of the Science Advisory Board on proposed research programs as 
described in the President's budget for research, development, and 
demonstration activities at the Environmental Protection Agency. Such 
report shall be submitted to Congress as soon as practicable after the 
submission of the President's budget to Congress. The Administrator 
shall cooperate with the Director of the Science Advisory Board, 
particularly with respect to the timely provision of budget information 
to the Science Advisory Board, to allow the Science Advisory Board to 
carry out its duties under this subsection.
    (b) Evaluation.--The Science Advisory Board shall conduct periodic 
evaluations of selected areas of the current and planned research, 
development, and demonstration activities of the Environmental 
Protection Agency. The areas of evaluation shall be selected by the 
Science Advisory Board in consultation with the Administrator, the 
Office of Research and Development, other Agency programs, and 
appropriate committees of the Congress. Reports containing the Science 
Advisory Board's evaluations and recommendations shall be filed with 
such committees and the Administrator. The Administrator shall provide 
to such committees a written response to the Science Advisory Board's 
evaluation and recommendations within 60 days after the Science 
Advisory Board's report has been submitted.
    (c) Review of Certain Research Activities.--The Science Advisory 
Board shall annually review the research activities of the 
Environmental Protection Agency and shall include the results of such 
review in the annual report required by subsection (a).
    (d) Submission to Congress.--The Administrator shall submit to the 
Congress any report required by law to be submitted to the 
Administrator by the Science Advisory Board. The Administrator shall 
make any such submission not later than 60 days after the Administrator 
receives the report from the Science Advisory Board.

        TITLE VI--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated the following:
            (1) For Scientific and Technical Research and Services of 
        the National Institute of Standards and Technology, 
        $280,600,000 for fiscal year 1997, of which--
                    (A) $38,407,000 shall be for Electronics and 
                Electrical Engineering;
                    (B) $18,747,000 shall be for Manufacturing 
                Engineering;
                    (C) $33,939,000 shall be for Chemical Science and 
                Technology;
                    (D) $28,048,000 shall be for Physics;
                    (E) $54,589,000 shall be for Material Science and 
                Engineering;
                    (F) $13,085,000 shall be for Building and Fire 
                Research;
                    (G) $43,076,000 shall be for Computer Science and 
                Applied Mathematics;
                    (H) $18,950,000 shall be for Technical Assistance;
                    (I) $28,772,000 shall be for Research Support; and
                    (J) $2,987,000 shall be for the Malcolm Baldrige 
                National Quality Program under section 17 of the 
                Stevenson-Wydler Technology Innovation Act of 1980 (15 
                U.S.C. 3711a); and
            (2) for Construction of Research Facilities of the National 
        Institute of Standards and Technology, $105,240,000 for fiscal 
        year 1997.

 TITLE VII--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND 
                              DEVELOPMENT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``FAA Research, Engineering, and 
Development Management Reform Act of 1996''.

SEC. 702. FINDINGS.

    The Congress finds that--
            (1) considerable effort and expenditure has been devoted 
        since 1981 to the modernization of the National Airspace 
        System, with limited results;
            (2) long-standing management, organizational, and cultural 
        impediments at the Federal Aviation Administration have led to 
        cost overruns, schedule delays, program terminations, and other 
        wasteful inefficiencies;
            (3) a lack of coordination between the technology 
        developers and operational sections of the Federal Aviation 
        Administration has led to research, engineering, and 
        development programs that are unbalanced because they either 
        are too technology driven or have operational requirements that 
        are unrealistic or unwarranted;
            (4) the research, engineering, and development functions of 
        the Federal Aviation Administration have been carried out 
        without the benefit of critical management education and 
        competencies;
            (5) the failure to employ contemporary management 
        techniques and industry best practices has led to inadequate 
        contractor oversight and poor risk management; and
            (6) significant improvements in modernizing the National 
        Airspace System will require fundamental changes in the Federal 
        Aviation Administration's acquisition management system and in 
        the orientation of the officials who implement the system.

SEC. 703. DEFINITIONS.

    For purposes of this title--
            (1) the term ``affordable'' means having life-cycle costs 
        that are in consonance with the long-range funding and 
        operational design plans for the National Airspace System;
            (2) the term ``evolutionary acquisition'' means an 
        acquisition strategy in which a core capability is fielded with 
        a modular structure that allows for changes as requirements are 
        refined;
            (3) the term ``life-cycle costs'' means the total costs to 
        the Federal Government of a system over its useful life, 
        including the costs of research, development, acquisition, 
        support, and disposal;
            (4) the term ``nondevelopmental'' means not requiring 
        significant further development to be made usefully 
        operational; and
            (5) the term ``pre-planned product improvement'' means an 
        acquisition strategy that defers technically difficult or 
        unknown system requirements to mitigate risks or to field a 
        system that incorporates design considerations that facilitate 
        future changes.

SEC. 704. MANAGEMENT PRINCIPLES.

    The Federal Aviation Administration shall develop, implement, and 
maintain a disciplined acquisition management system that facilitates 
the transforming of broadly stated requirements into affordable, 
operationally effective and suitable products and services to meet the 
needs of users of the National Airspace System. Such acquisition 
management system shall be based on and incorporate the following 
principles:
            (1) The employment and integration of--
                    (A) a process to establish and validate 
                requirements;
                    (B) full life-cycle acquisition management; and
                    (C) planning, programming, and budgeting.
            (2) Full involvement of both acquisition and operational 
        Federal Aviation Administration personnel in the processes 
        described in paragraph (1)(A), (B), and (C).
            (3) Early and continuous involvement of National Airspace 
        System operators and users, advisory committees, and industry 
        vendors and experts in establishing and stabilizing sound, 
        realistic operational requirements.
            (4) Assignment of acquisition officials based on 
        demonstrated leadership, professionalism, and proven 
        acquisition management competencies, consistent with their 
        positional responsibility and authority.
            (5) Full life-cycle, event-driven acquisition strategies 
        which explicitly link major interim program decisions and 
        contractual commitments to demonstrated accomplishments in 
        research, engineering, and development.
            (6) The balancing of system design requirements and 
        constraints based on cost-benefit sensitivity analysis.
            (7) Consideration of maximum practicable use of 
        nonmaterial, nondevelopmental, or commercial solutions before 
        embarking on protracted research, engineering, and development 
        activities by the Federal Aviation Administration.
            (8) Consideration of evolutionary acquisition and pre-
        planned product improvement strategies to mitigate risks and 
        expeditiously field products and services.
            (9) Use of contemporary management techniques and industry 
        best practices to--
                    (A) compare the current status of a program to 
                where it should be;
                    (B) reassess the goals of a program and the plans 
                for achieving those goals;
                    (C) assess program risks and strategies for 
                mitigating those risks; and
                    (D) assess whether the program is affordable.

SEC. 705. DOCUMENT OF APRIL 1, 1996.

    The Congress recognizes that the acquisition management system set 
forth in the document dated April 1, 1996, issued by the Federal 
Aviation Administration, is substantially compatible with the 
principles stated in section 704 of this title. The Federal Aviation 
Administration may implement that proposed system as a suitable 
compliance with the requirements of this title, and may modify elements 
of that system to the extent that those modifications conform with the 
principles stated in section 704 of this title.

SEC. 706. AUTHORIZATION OF APPROPRIATIONS.

    Section 48102(a) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (1)(J);
            (2) by striking the period at the end of paragraph (2)(J) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) for fiscal year 1997--
                    ``(A) $10,000,000 for system development and 
                infrastructure projects and activities;
                    ``(B) $39,911,000 for capacity and air traffic 
                management technology projects and activities;
                    ``(C) $20,371,000 for communications, navigation, 
                and surveillance projects and activities;
                    ``(D) $6,411,000 for weather projects and 
                activities;
                    ``(E) $6,000,000 for airport technology projects 
                and activities;
                    ``(F) $37,978,000 for aircraft safety technology 
                projects and activities;
                    ``(G) $36,045,000 for system security technology 
                projects and activities;
                    ``(H) $23,682,000 for human factors and aviation 
                medicine projects and activities;
                    ``(I) $3,800,000 for environment and energy 
                projects and activities;
                    ``(J) $1,500,000 for innovative/cooperative 
                research projects and activities; and
                    ``(K) such sums as may be necessary for other 
                research, engineering, and development activities 
                described in the President's fiscal year 1997 budget 
                request to the Congress under the category 
                `Engineering, development, test, and evaluation' of 
                Facilities and Equipment.''.

SEC. 707. RESEARCH PRIORITIES.

    Section 48102(b) of title 49, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by striking ``Availability for Research.--(1)'' and 
        inserting in lieu thereof ``Research Priorities.--(1) The 
        Administrator shall consider the advice and recommendations of 
        the research advisory committee established by section 44508 of 
        this title in establishing priorities among major categories of 
        research and development activities carried out by the Federal 
        Aviation Administration.
    ``(2)''.

SEC. 708. BUDGET DESIGNATION FOR FEDERAL AVIATION ADMINISTRATION 
              RESEARCH AND DEVELOPMENT ACTIVITIES.

    Section 48102(c) of title 49, United States Code, is amended to 
read as follows:
    ``(c) Designation of Activities.--(1) The amounts appropriated 
under subsection (a) are for the support of all research and 
development activities carried out by the Federal Aviation 
Administration that fall within the categories of basic research, 
applied research, and development, including the design and development 
of prototypes, in accordance with the classifications of the Office of 
Management and Budget Circular A-11 (Budget Formulation/Submission 
Process).
    ``(2) The President's annual budget request for the Federal 
Aviation Administration shall include all research and development 
activities within a single budget category. All of the activities 
carried out by the Administration within the categories of basic 
research, applied research, and development, as classified by the 
Office of Management and Budget Circular A-11, shall be placed in this 
single budget category.''.

SEC. 709. RESEARCH ADVISORY COMMITTEE.

    Section 44508(a)(1) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting in lieu thereof ``; and''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
            ``(D) annually review the allocation made by the 
        Administrator of the amounts authorized by section 48102(a) of 
        this title among the major categories of research and 
        development activities carried out by the Administration and 
        provide advice and recommendations to the Administrator on 
        whether such allocation is appropriate to meet the needs and 
        objectives identified under subparagraph (A).''.

SEC. 710. NATIONAL AVIATION RESEARCH PLAN.

    Section 44501(c) of title 49, United States Code, is amended--
            (1) in paragraph (2)(A) by striking ``15-year'' and 
        inserting in lieu thereof ``5-year'';
            (2) by amending subparagraph (B) to read as follows:
    ``(B) The plan shall--
            ``(i) provide estimates by year of the schedule, cost, and 
        work force levels for each active and planned major research 
        and development project under sections 40119, 44504, 44505, 
        44507, 44509, 44511-44513, and 44912 of this title, including 
        activities carried out under cooperative agreements with other 
        Federal departments and agencies;
            ``(ii) specify the goals and the priorities for allocation 
        of resources among the major categories of research and 
        development activities, including the rationale for the 
        priorities identified;
            ``(iii) identify the allocation of resources among long-
        term research, near-term research, and development activities; 
        and
            ``(iv) highlight the research and development activities 
        that address specific recommendations of the research advisory 
        committee established under section 44508 of this title, and 
        document the recommendations of the committee that are not 
        accepted, specifying the reasons for nonacceptance.''; and
            (3) in paragraph (3) by inserting ``, including a 
        description of the dissemination to the private sector of 
        research results and a description of any new technologies 
        developed'' after ``during the prior fiscal year''.

       TITLE VIII--NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM

SEC. 801. AUTHORIZATION OF APPROPRIATIONS.

    Section 12 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7706) is amended--
            (1) in subsection (a)(7) by striking ``and $25,750,000 for 
        the fiscal year ending September 30, 1996'' and inserting in 
        lieu thereof ``$25,750,000 for the fiscal year ending September 
        30, 1996, and $18,825,000 for the fiscal year ending September 
        30, 1997'';
            (2) in subsection (b) by striking ``and $50,676,000 for the 
        fiscal year ending September 30, 1996'' and inserting in lieu 
        thereof ``$50,676,000 for the fiscal year ending September 30, 
        1996, and $46,130,000 for the fiscal year ending September 30, 
        1997'';
            (3) in subsection (c) by adding at the end the following 
        new sentence: ``There are authorized to be appropriated, out of 
        funds otherwise authorized to be appropriated to the National 
        Science Foundation, $28,400,000 for fiscal year 1997, including 
        $17,500,000 for engineering research and $10,900,000 for 
        geosciences research.''; and
            (4) in subsection (d) by adding at the end the following 
        new sentence: ``There are authorized to be appropriated, out of 
        funds otherwise authorized to be appropriated to the National 
        Institute of Standards and Technology, $1,932,000 for fiscal 
        year 1997.''.

                        TITLE IX--MISCELLANEOUS

SEC. 901. PROHIBITION OF LOBBYING ACTIVITIES.

    None of the funds authorized by this Act shall be available for any 
activity whose purpose is to influence legislation pending before the 
Congress, except that this shall not prevent officers or employees of 
the United States or of its departments or agencies from communicating 
to Members of Congress on the request of any Member or to Congress, 
through the proper channels, requests for legislation or appropriations 
which they deem necessary for the efficient conduct of the public 
business.

SEC. 902. LIMITATION ON APPROPRIATIONS.

    (a) Exclusive Authorization for Fiscal Year 1997.--Notwithstanding 
any other provision of law, no sums are authorized to be appropriated 
for fiscal year 1997 for the activities for which sums are authorized 
by this Act unless such sums are specifically authorized to be 
appropriated by this Act.
    (b) Subsequent Fiscal Years.--No sums are authorized to be 
appropriated for any fiscal year after fiscal year 1997 for the 
activities for which sums are authorized by this Act unless such sums 
are specifically authorized to be appropriated by Act of Congress with 
respect to such fiscal year.

SEC. 903. ELIGIBILITY FOR AWARDS.

    (a) In General.--The head of each Federal agency for which funds 
are authorized under this Act shall exclude from consideration for 
awards of financial assistance made by that agency after fiscal year 
1996 any person who received funds, other than those described in 
subsection (b), appropriated for a fiscal year after fiscal year 1996, 
from any Federal funding source for a project that was not subjected to 
a competitive, merit-based award process. Any exclusion from 
consideration pursuant to this section shall be effective for a period 
of 5 years after the person receives such Federal funds.
    (b) Exception.--Subsection (a) shall not apply to awards to persons 
who are members of a class specified by law for which assistance is 
awarded to members of the class according to a formula provided by law.
```