I

104TH CONGRESS

2D SESSION H. R. 3322 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

A BILL To authorize appropriations for fiscal year 1997 for civilian

science activities of the Federal Government, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Omnibus Civilian Science Authorization Act of 1996’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.
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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.
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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 substan- tial 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
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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.
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1 TITLE I—NATIONAL SCIENCE

2 FOUNDATION

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘National Science

5 Foundation Authorization Act of 1996’’.

6 SEC. 102. DEFINITIONS.

7 For purposes of this title—

8 (1) the term ‘‘Director’’ means the Director of

9 the Foundation;

10 (2) the term ‘‘Foundation’’ means the National

11 Science Foundation;

12 (3) the term ‘‘institution of higher education’’

13 has the meaning given such term in section 1201(a)

14 of the Higher Education Act of 1965;

15 (4) the term ‘‘national research facility’’ means

16 a research facility funded by the Foundation which

17 is available, subject to appropriate policies allocating

18 access, for use by all scientists and engineers affili19 ated with research institutions located in the United

20 States; and

21 (5) the term ‘‘United States’’ means the several

22 States, the District of Columbia, the Commonwealth

23 of Puerto Rico, the Virgin Islands, Guam, American

24 Samoa, the Commonwealth of the Northern Mariana
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1 Islands, and any other territory or possession of the

2 United States.

3 Subtitle A—National Science

4 Foundation Authorization

5 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

6 (a) FINDINGS.—The Congress finds that—

7 (1) the programs of the Foundation are impor8 tant for the Nation to strengthen basic research and

9 develop human resources in science and engineering,

10 and that those programs should be funded at an

11 adequate level;

12 (2) the primary mission of the Foundation con13 tinues to be the support of basic scientific research

14 and science education and the support of research

15 fundamental to the engineering process and engi16 neering education; and

17 (3) the Foundation’s efforts to contribute to the

18 economic competitiveness of the United States

19 should be in accord with that primary mission.

20 (b) FISCAL YEAR 1997.—There are authorized to be

21 appropriated to the Foundation $3,250,500,000 for fiscal

22 year 1997, which shall be available for the following cat23 egories:

24 (1) Research and Related Activities,

25 $2,340,300,000.
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1 (2) Education and Human Resources Activities,

2 $600,000,000.

3 (3) Major Research Equipment, $80,000,000.

4 (4) Academic Research Facilities Moderniza5 tion, $100,000,000.

6 (5) Salaries and Expenses, $120,000,000.

7 (6) Office of Inspector General, $5,000,000.

8 (7) Headquarters Relocation, $5,200,000.

9 (c) LIMITATION.—Consistent with the amendment

10 made by section 130(a) of this Act, funds appropriated

11 under subsection (b)(1) of this section shall be available

12 to not more than 6 scientific directorates. No funds appro13 priated under subsection (b)(1) may be obligated or ex14 pended by, for, or through a scientific directorate if funds

15 appropriated under subsection (b)(1) have been obligated

16 or expended for 6 other scientific directorates.

17 SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND

18 RELATED ACTIVITIES AMOUNTS.

19 If the amount appropriated pursuant to section

20 111(b)(1) is less than the amount authorized under that

21 paragraph, the amount available for each scientific direc22 torate under that paragraph shall be reduced by the same

23 proportion.
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1 SEC. 113. CONSULTATION AND REPRESENTATION EX2 PENSES.

3 From appropriations made under authorizations pro4 vided in this title, not more than $10,000 may be used

5 in each fiscal year for official consultation, representation,

6 or other extraordinary expenses at the discretion of the

7 Director. The determination of the Director shall be final

8 and conclusive upon the accounting officers of the Govern9 ment.

10 SEC. 114. REPROGRAMMING.

11 (a) $500,000 OR LESS.—In any given fiscal year, the

12 Director may transfer appropriated funds among the sub13 categories of Research and Related Activities, so long as

14 the net funds transferred to or from any subcategory do

15 not exceed $500,000.

16 (b) GREATER THAN $500,000.—In addition, the Di17 rector may propose transfers to or from any subcategory

18 exceeding $500,000. An explanation of any proposed

19 transfer under this subsection must be transmitted in

20 writing to the Committee on Science of the House of Rep21 resentatives, and the Committees on Labor and Human

22 Resources and Commerce, Science, and Transportation of

23 the Senate. The proposed transfer may be made only when

24 30 calendar days have passed after transmission of such

25 written explanation.
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1 Subtitle B—General Provisions

2 SEC. 121. ANNUAL REPORT.

3 Section 3(f) of the National Science Foundation Act

4 of 1950 (42 U.S.C. 1862(f)) is amended to read as fol5 lows:

6 ‘‘(f) The Foundation shall provide an annual report

7 to the President which shall be submitted by the Director

8 to the Congress at the time of the President’s annual

9 budget submission. The report shall—

10 ‘‘(1) contain a strategic plan, or an update to

11 a previous strategic plan, which—

12 ‘‘(A) defines for a three-year period the

13 overall goals for the Foundation and specific

14 goals for each major activity of the Foundation,

15 including each scientific directorate, the edu16 cation directorate, and the polar programs of17 fice; and

18 ‘‘(B) describe how the identified goals re19 late to national needs and will exploit new op20 portunities in science and technology;

21 ‘‘(2) identify the criteria and describe the proce22 dures which the Foundation will use to assess

23 progress toward achieving the goals identified in ac24 cordance with paragraph (1);
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1 ‘‘(3) review the activities of the Foundation

2 during the preceding year which have contributed to3 ward achievement of goals identified in accordance

4 with paragraph (1) and summarize planned activities

5 for the coming three years in the context of the

6 identified goals, with particular emphasis on the

7 Foundation’s planned contributions to major multi8 agency research and education initiatives;

9 ‘‘(4) contain such recommendations as the

10 Foundation considers appropriate; and

11 ‘‘(5) include information on the acquisition and

12 disposition by the Foundation of any patents and

13 patent rights.’’.

14 SEC. 122. NATIONAL RESEARCH FACILITIES.

15 (a) FACILITIES PLAN.—The Director shall provide to

16 Congress annually, as a part of the report required under

17 section 3(f) of the National Science Foundation Act of

18 1950, a plan for the proposed construction of, and repair

19 and upgrades to, national research facilities. The plan

20 shall include estimates of the cost for such construction,

21 repairs, and upgrades, and estimates of the cost for the

22 operation and maintenance of existing and proposed new

23 facilities. For proposed new construction and for major

24 upgrades to existing facilities, the plan shall include fund25 ing profiles by fiscal year and milestones for major phases
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1 of the construction. The plan shall include cost estimates

2 in the categories of construction, repair, and upgrades for

3 the year in which the plan is submitted to Congress and

4 for not fewer than the succeeding 4 years.

5 (b) LIMITATION ON OBLIGATION OF UNAUTHORIZED

6 APPROPRIATIONS.—No funds appropriated for any project

7 which involves construction of new national research facili8 ties or construction necessary for upgrading the capabili9 ties of existing national research facilities shall be obli10 gated unless the funds are specifically authorized for such

11 purpose by this title or any other Act which is not an ap12 propriations Act, or unless the total estimated cost to the

13 Foundation of the construction project is less than

14 $50,000,000. This subsection shall not apply to construc15 tion projects approved by the National Science Board

16 prior to June 30, 1995.

17 SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

18 Section 203(b) of the Academic Research Facilities

19 Modernization Act of 1988 is amended by striking the

20 final sentence of paragraph (3) and inserting in lieu there21 of the following: ‘‘The Director shall give priority to insti22 tutions or consortia that have not received such funds in

23 the preceding 5 years, except that this sentence shall not

24 apply to previous funding received for the same multiyear

25 project.’’.
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1 SEC. 124. ADMINISTRATIVE AMENDMENTS.

2 (a) NATIONAL SCIENCE FOUNDATION ACT OF 1950

3 AMENDMENTS.—The National Science Foundation Act of

4 1950 (42 U.S.C. 1861 et seq.) is amended—

5 (1) by redesignating the subsection (k) of sec6 tion 4 (42 U.S.C. 1863(k)) that was added by sec7 tion 108 of the National Science Foundation Au8 thorization Act of 1988 as subsection (l);

9 (2) in section 5(e) (42 U.S.C. 1864(e)) by

10 amending paragraph (2) to read as follows:

11 ‘‘(2) Any delegation of authority or imposition of con12 ditions under paragraph (1) shall be promptly published

13 in the Federal Register and reported to the Committees

14 on Labor and Human Resources and Commerce, Science,

15 and Transportation of the Senate and the Committee on

16 Science of the House of Representatives.’’;

17 (3) by inserting ‘‘be entitled to’’ between

18 ‘‘shall’’ and ‘‘receive’’, and by inserting ‘‘, including

19 traveltime,’’ after ‘‘Foundation’’ in section 14(c) (42

20 U.S.C. 1873(c));

21 (4) by striking section 14(j) (42 U.S.C.

22 1873(j)); and

23 (5) by striking ‘‘Atomic Energy Commission’’ in

24 section 15(a) (42 U.S.C. 1874(a)) and inserting in

25 lieu thereof ‘‘Secretary of Energy’’.
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1 (b) NATIONAL SCIENCE FOUNDATION AUTHORIZA2 TION ACT, 1976 AMENDMENTS.—Section 6(a) of the Na3 tional Science Foundation Authorization Act, 1976 (42

4 U.S.C. 1881a(a)) is amended by striking ‘‘social,’’ the

5 first place it appears.

6 (c) NATIONAL SCIENCE FOUNDATION AUTHORIZA7 TION ACT OF 1988 AMENDMENTS.—(1) Section

8 117(a)(1)(B)(v) of the National Science Foundation Au9 thorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is

10 amended to read as follows:

11 ‘‘(v) from schools established outside the several

12 States and the District of Columbia by any agency

13 of the Federal Government for dependents of its em14 ployees.’’.

15 (2) Section 117(a)(3)(A) of such Act (42 U.S.C.

16 1881b(3)(A)) is amended by striking ‘‘Science and Engi17 neering Education’’ and inserting in lieu thereof ‘‘Edu18 cation and Human Resources’’.

19 (d) EDUCATION FOR ECONOMIC SECURITY ACT

20 AMENDMENTS.—Section 107 of Education for Economic

21 Security Act (20 U.S.C. 3917) is repealed.

22 (e) TECHNICAL AMENDMENT.—The second sub23 section (g) of section 3 of the National Science Foundation

24 Act of 1950 is repealed.
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1 SEC. 125. INDIRECT COSTS.

2 (a) MATCHING FUNDS.—Matching funds required

3 pursuant to section 204(a)(2)(C) of the Academic Re4 search Facilities Modernization Act of 1988 (42 U.S.C.

5 1862c(a)(2)(C)) shall not be considered facilities costs for

6 purposes of determining indirect cost rates.

7 (b) REPORT.—The Director of the Office of Science

8 and Technology Policy, in consultation with other relevant

9 agencies, shall prepare a report analyzing what steps

10 would be needed to—

11 (1) reduce by 10 percent the proportion of Fed12 eral assistance to institutions of higher education

13 that are allocated for indirect costs; and

14 (2) reduce the variance among indirect cost

15 rates of different institutions of higher education, in16 cluding an evaluation of the relative benefits and

17 burdens of each option on institutions of higher edu18 cation. Such report shall be transmitted to the Con19 gress no later than December 31, 1996.

20 SEC. 126. FINANCIAL DISCLOSURE.

21 Persons temporarily employed by or at the Founda22 tion shall be subject to the same financial disclosure re23 quirements and related sanctions under the Ethics in Gov24 ernment Act of 1978 as are permanent employees of the

25 Foundation in equivalent positions.
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1 SEC. 127. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE

2 DUTY.

3 In order to be eligible to receive funds from the Foun4 dation after September 30, 1996, an institution of higher

5 education must provide that whenever any student of the

6 institution who is a member of the National Guard, or

7 other reserve component of the Armed Forces of the Unit8 ed States, is called or ordered to active duty, other than

9 active duty for training, the institution shall grant the

10 member a military leave of absence from their education.

11 Persons on military leave of absence from their institution

12 shall be entitled, upon release from military duty, to be

13 restored to the educational status they had attained prior

14 to their being ordered to military duty without loss of aca15 demic credits earned, scholarships or grants awarded, or

16 tuition and other fees paid prior to the commencement of

17 the military duty. It shall be the duty of the institution

18 to refund tuition or fees paid or to credit the tuition and

19 fees to the next semester or term after the termination

20 of the educational military leave of absence at the option

21 of the student.

22 SEC. 128. SCIENCE STUDIES INSTITUTE.

23 (a) AMENDMENT.—Section 822 of the National De24 fense Authorization Act for Fiscal 1991 (42 U.S.C. 6686)

25 is amended—
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1 (1) by striking ‘‘Critical Technologies Institute’’

2 in the section heading and in subsection (a), and in3 serting in lieu thereof ‘‘Science Studies Institute’’;

4 (2) in subsection (b) by striking ‘‘As deter5 mined by the chairman of the committee referred to

6 in subsection (c), the’’ and inserting in lieu thereof

7 ‘‘The’’;

8 (3) by striking subsection (c), and redesignating

9 subsections (d), (e), (f), and (g) as subsections (c),

10 (d), (e), and (f), respectively;

11 (4) in subsection (c), as so redesignated by

12 paragraph (3) of this subsection—

13 (A) by inserting ‘‘science and’’ after ‘‘de14 velopments and trends in’’ in paragraph (1);

15 (B) by striking ‘‘with particular emphasis’’

16 in paragraph (1) and all that follows through

17 the end of such paragraph and inserting in lieu

18 thereof ‘‘and developing and maintaining rel19 evant informational and analytical tools.’’;

20 (C) by striking ‘‘to determine’’ and all that

21 follows through ‘‘technology policies’’ in para22 graph (2) and inserting in lieu thereof ‘‘with

23 particular attention to the scope and content of

24 the Federal science and technology research
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1 and develop portfolio as it affects interagency

2 and national issues’’;

3 (D) by amending paragraph (3) to read as

4 follows:

5 ‘‘(3) Initiation of studies and analysis of alter6 natives available for ensuring the long-term strength

7 of the United States in the development and applica8 tion of science and technology, including appropriate

9 roles for the Federal Government, State govern10 ments, private industry, and institutions of higher

11 education in the development and application of

12 science and technology.’’;

13 (E) by inserting ‘‘science and’’ after ‘‘Ex14 ecutive branch on’’ in paragraph (4)(A); and

15 (F) by amending paragraph (4)(B) to read

16 as follows:

17 ‘‘(B) to the interagency committees and

18 panels of the Federal Government concerned

19 with science and technology.’’;

20 (5) in subsection (d), as so redesignated by

21 paragraph (3) of this subsection, by striking ‘‘sub22 section (d)’’ and inserting in lieu thereof ‘‘subsection

23 (c)’’; and
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1 (6) by amending subsection (f), as so redesig2 nated by paragraph (3) of this subsection, to read

3 as follows:

4 ‘‘(f) SPONSORSHIP.—The Director of the Office of

5 Science and Technology Policy shall be the sponsor of the

6 Institute.’’.

7 (b) CONFORMING USAGE.—All references in Federal

8 law or regulations to the Critical Technologies Institute

9 shall be considered to be references to the Science Studies

10 Institute.

11 SEC. 129. EDUCATIONAL IMPACT.

12 (a) FINDINGS.—The Congress finds that—

13 (1) Federal research funds made available to

14 institutions of higher education often create incen15 tives for such institutions to emphasize research over

16 undergraduate teaching and to narrow the focus of

17 their graduate programs; and

18 (2) National Science Foundation funds for Re19 search and Related Activities should be spent in the

20 manner most likely to improve the quality of under21 graduate and graduate education in institutions of

22 higher education.

23 (b) EDUCATIONAL IMPACT.—(1) The impact that a

24 grant or cooperative agreement by the National Science

25 Foundation would have on undergraduate and graduate
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1 education at an institution of higher education shall be

2 a factor in any decision whether to award such grant or

3 agreement to that institution.

4 (2) Paragraph (1) shall be effective with respect to

5 any grant or cooperative agreement awarded after Sep6 tember 30, 1997.

7 (c) REPORT.—The Director shall provide a plan for

8 the implementation of subsection (b) of this section, no

9 later than December 31, 1996, to the Committee on

10 Science of the House of Representatives and the Commit11 tee on Commerce, Science, and Transportation and the

12 Committee on Labor and Human Resources of the Senate.

13 SEC. 130. DIVISIONS OF THE FOUNDATION.

14 (a) AMENDMENT.—Section 8 of the National Science

15 Foundation Act of 1950 (42 U.S.C. 1866) is amended by

16 inserting ‘‘The Director may appoint, in consultation with

17 the Board, not more than 6 Assistant Directors to assist

18 in managing the Divisions.’’ after ‘‘time to time deter19 mine.’’.

20 (b) REPORT.—By November 15, 1996, the Director

21 shall transmit to the Congress a report on the reorganiza22 tion of the National Science Foundation required as a re23 sult of the amendment made by subsection (a).
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1 SEC. 131. NATIONAL SCIENCE AND ENGINEERING FOUNDA2 TION.

3 The National Science Foundation and the National

4 Science Board are hereby renamed as the National Science

5 and Engineering Foundation and the National Science

6 and Engineering Board, respectively, and all references

7 thereto in Federal law or regulation shall be deemed to

8 refer to the National Science and Engineering Foundation

9 or the National Science and Engineering Board, as appro10 priate.

11 TITLE II—NATIONAL AERO12 NAUTICS AND SPACE ADMIN13 ISTRATION

14 Subtitle A—General Provisions

15 SEC. 201. SHORT TITLE.

16 This title may be cited as the ‘‘National Aeronautics

17 and Space Administration Authorization Act, Fiscal Year

18 1997’’.

19 SEC. 202. FINDINGS.

20 The Congress makes the following findings:

21 (1) The National Aeronautics and Space Ad22 ministration should aggressively pursue actions and

23 reforms directed at reducing institutional costs, in24 cluding management restructuring, facility consoli25 dation, procurement reform, personnel base
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1 downsizing, and convergence with other defense and

2 commercial sector systems.

3 (2) While institutional reforms, restructurings,

4 and downsizing hold the slim promise of reconciling

5 the disparity between projected needs of the Na6 tional Aeronautics and Space Administration with

7 funding levels requested by the Administration over

8 the next 4 years, such reforms provide no guarantee

9 against cancellation of missions or elimination of

10 centers in the event reform efforts fail to achieve

11 cost reduction targets.

12 (3) The National Aeronautics and Space Ad13 ministration must reverse its current trend toward

14 becoming an operational agency, and return to its

15 proud history as the Nation’s leader in basic sci16 entific air and space research.

17 (4) Commercial space activity is in a delicate

18 state of growth. It has the potential to eclipse Fed19 eral space activity in its economic return to the Na20 tion, if it is not stifled.

21 (5) The United States is on the verge of creat22 ing and using new technologies in microsatellites, in23 formation processing, and space launches that could

24 radically alter the manner in which the Government

25 approaches its space mission.
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1 (6) The overwhelming preponderance of the

2 Federal Government’s requirements for routine, non3 emergency manned and unmanned space transpor4 tation can be met most effectively, efficiently, and

5 economically by a free and competitive market in

6 privately developed and operated launch services.

7 (7) In formulating a national space transpor8 tation service policy, the National Aeronautics and

9 Space Administration should aggressively promote

10 the pursuit by the commercial sector of development

11 of advanced space transportation technologies in12 cluding reusable space vehicles, single-stage-to-orbit

13 vehicles, and human space systems.

14 (8) The Federal Government should invest in

15 the types of research and innovative technology in

16 which the United States private sector does not in17 vest, while avoiding competition with the activities in

18 which the United States private sector does invest.

19 (9) International cooperation in space explo20 ration and science activities serves the United States

21 national interest—

22 (A) when it—

23 (i) reduces the cost of undertaking

24 missions the United States Government

25 would pursue unilaterally;
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1 (ii) enables the United States to pur2 sue missions that it could not otherwise af3 ford to pursue unilaterally; or

4 (iii) enhances United States capabili5 ties to use and develop space for the bene6 fit of United States citizens; and

7 (B) when it does not—

8 (i) otherwise harm or interfere with

9 the ability of United States private sector

10 firms to develop or explore space commer11 cially;

12 (ii) interfere with the ability of Fed13 eral agencies to use space to complete their

14 missions;

15 (iii) undermine the ability of United

16 States private enterprise to compete favor17 ably with foreign entities in the commercial

18 space arena; or

19 (iv) transfer sensitive or commercially

20 advantageous technologies or knowledge

21 from the United States to other countries

22 or foreign entities except as required by

23 those countries or entities to make their

24 contribution to a multilateral space project
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1 in partnership with the United States, or

2 on a quid pro quo basis.

3 (10) The National Aeronautics and Space Ad4 ministration and the Department of Defense can co5 operate more effectively in leveraging their mutual

6 capabilities to conduct joint space missions that im7 prove United States space capabilities and reduce

8 the cost of conducting space missions.

9 (11) The Reusable Launch Vehicle program,

10 and the acquisition by the Federal Government of

11 the vehicle resulting from that program, are nec12 essary for the protection of essential security inter13 ests for purposes of interpreting the obligations of

14 the United States under the General Agreement on

15 Tariffs and Trade.

16 SEC. 203. DEFINITIONS.

17 For purposes of this title—

18 (1) the term ‘‘Administrator’’ means the Ad19 ministrator of the National Aeronautics and Space

20 Administration;

21 (2) the term ‘‘cost threat’’ means a potential

22 change to the program baseline documented as a po23 tential cost by the Space Station Program Office;

24 and
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1 (3) the term ‘‘institution of higher education’’

2 has the meaning given such term in section 1201(a)

3 of the Higher Education Act of 1965 (20 U.S.C.

4 1141(a)).

5 Subtitle B—Authorization of

6 Appropriations

7 CHAPTER 1—AUTHORIZATIONS

8 SEC. 211. HUMAN SPACE FLIGHT.

9 There are authorized to be appropriated to the Na10 tional Aeronautics and Space Administration for fiscal

11 year 1997 for Human Space Flight the following amounts:

12 (1) For the Space Station, $1,840,200,000.

13 (2) For Space Shuttle Operations,

14 $2,514,900,000.

15 (3) For Space Shuttle Safety and Performance

16 Upgrades, $636,000,000, including for Construction

17 of Facilities relating to such programs—

18 (A) replacement of LC–39 Pad B Chillers

19 (KSC), $1,800,000;

20 (B) restoration of Pad B Fixed Support

21 Structure Elevator System (KSC), $1,500,000;

22 (C) rehabilitation of 480V Electrical Dis23 tribution System, Kennedy Space Center, Ex24 ternal Tank Manufacturing Building (MAF),

25 $2,500,000; and
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1 (D) restoration of High Pressure Indus2 trial Water Plant, Stennis Space Center,

3 $2,500,000.

4 (4) For Payload and Utilization Operations,

5 $271,800,000.

6 (5) For Russian Cooperation, $100,000,000.

7 SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

8 There are authorized to be appropriated to the Na9 tional Aeronautics and Space Administration for fiscal

10 year 1997 for Science, Aeronautics, and Technology the

11 following amounts:

12 (1) For Space Science, $2,167,400,000.

13 (2) For Life and Microgravity Sciences and Ap14 plications, $498,500,000, of which at least

15 $2,000,000 is reserved for research and early detec16 tion systems for breast and ovarian cancer and other

17 women’s health issues.

18 (3) For Mission to Planet Earth,

19 $1,028,400,000, of which $50,000,000 shall be for

20 commercial data purchases under section 259(a).

21 Funds authorized by this paragraph may not be ob22 ligated to duplicate private sector or other Federal

23 activities or to procure systems to provide data un24 less the Administrator certifies to Congress that no

25 private sector entity, or Federal entity other than
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1 the National Aeronautics and Space Administration,

2 can provide suitable data in a timely manner.

3 (4) For Space Access and Technology,

4 $711,000,000 of which—

5 (A) $324,700,000 are authorized for Ad6 vanced Space Transportation; and

7 (B) $10,000,000 shall be for continuing

8 the Launch Voucher Demonstration Program

9 authorized under section 504 of the National

10 Aeronautics and Space Administration Author11 ization Act, Fiscal Year 1993 (15 U.S.C.

12 5803).

13 (5) For Aeronautical Research and Technology,

14 $823,400,000, of which—

15 (A) $354,400,000 are authorized for Re16 search and Technology Base activities;

17 (B) $254,300,000 are authorized for High

18 Speed Research;

19 (C) $152,800,000 are authorized for Ad20 vanced Subsonic Technology;

21 (D) $23,300,000 are authorized for High22 Performance Computing and Communications;

23 and

24 (E) $38,600,000 are authorized for Nu25 merical Aerodynamic Simulation.
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1 (6) For Mission Communication Services,

2 $410,600,000.

3 (7) For Academic Programs, $95,500,000.

4 SEC. 213. MISSION SUPPORT.

5 There are authorized to be appropriated to the Na6 tional Aeronautics and Space Administration for fiscal

7 year 1997 for Mission Support the following amounts:

8 (1) For Safety, Reliability, and Quality Assur9 ance, $36,700,000.

10 (2) For Space Communication Services,

11 $281,250,000.

12 (3) For Construction of Facilities, including

13 land acquisition, $105,000,000, including the follow14 ing:

15 (A) Modernization of Electrical Distribu16 tion System, Ames Research Center,

17 $2,400,000.

18 (B) Modification of Aircraft Ramp and

19 Tow Way, Dryden Flight Research Center,

20 $3,000,000.

21 (C) Restoration of Hangar Building 4801,

22 Dryden Flight Research Center, $4,500,000.

23 (D) Modernization of Secondary Electrical

24 Systems, Goddard Space Flight Center,

25 $1,500,000.
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1 (E) Restoration of Chilled Water Distribu2 tion System, Goddard Space Flight Center,

3 $4,000,000.

4 (F) Modification of Refrigeration Systems,

5 Various Buildings, Jet Propulsion Laboratory,

6 $2,800,000.

7 (G) Rehabilitation of Utility Tunnel Struc8 ture and Systems, Johnson Space Center,

9 $4,400,000.

10 (H) Replacement of DX Units with

11 Central Chilled Water System, Logistics Facil12 ity, Kennedy Space Center, $1,800,000.

13 (I) Rehabilitation of Central Air Equip14 ment Building, Lewis Research Center,

15 $6,500,000.

16 (J) Modification of Chilled Water System,

17 Marshall Space Flight Center, $6,700,000.

18 (K) Rehabilitation of Condenser Water

19 System, 202/207 Complex (MAF), $2,100,000.

20 (L) Rehabilitation of Electrical Distribu21 tion System, White Sands Test Facility,

22 $2,600,000.

23 (M) Minor Revitalization of Facilities at

24 Various Locations, not in excess of $1,500,000

25 per project, $19,600,000.
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1 (N) Minor construction of new facilities

2 and additions to existing facilities at various lo3 cations, not in excess of $1,500,000 per project,

4 $3,400,000.

5 (O) Facility planning and design, not oth6 erwise provided for, $6,700,000.

7 (P) Environmental compliance and restora8 tion, $33,000,000.

9 (4) For Research and Program Management,

10 including personnel and related costs, travel, and re11 search operations support, $1,957,850,000.

12 SEC. 214. INSPECTOR GENERAL.

13 There are authorized to be appropriated to the Na14 tional Aeronautics and Space Administration for Inspector

15 General, $17,000,000 for fiscal year 1997.

16 SEC. 215. TOTAL AUTHORIZATION.

17 Notwithstanding any other provision of this subtitle,

18 the total amount authorized to be appropriated to the Na19 tional Aeronautics and Space Administration under this

20 title shall not exceed $13,495,500,000 for fiscal year

21 1997.

22 SEC. 216. OFFICE OF COMMERCIAL SPACE TRANSPOR23 TATION AUTHORIZATION.

24 There are authorized to be appropriated to the Sec25 retary of Transportation for the activities of the Office
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1 of Commercial Space Transportation, $5,770,000 for fis2 cal year 1997.

3 SEC. 217. OFFICE OF SPACE COMMERCE.

4 There are authorized to be appropriated to the Sec5 retary of Commerce for the activities of the Office of

6 Space Commerce established by section 253 of this Act,

7 $500,000 for fiscal year 1997.

8 CHAPTER 2—RESTRUCTURING THE NA9 TIONAL AERONAUTICS AND SPACE AD10 MINISTRATION

11 SEC. 221. FINDINGS.

12 The Congress finds that—

13 (1) the restructuring of the National Aero14 nautics and Space Administration is essential to ac15 complishing the space missions of the United States

16 while simultaneously balancing the Federal budget;

17 (2) to restructure the National Aeronautics and

18 Space Administration rapidly without reducing mis19 sion content and safety requires objective financial

20 judgment; and

21 (3) a formal economic review of its missions

22 and the Federal assets that support them is required

23 in order to plan and implement needed restructuring

24 of the National Aeronautics and Space Administra25 tion.
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1 SEC. 222. RESTRUCTURING REPORTS.

2 (a) IMPLEMENTATION REPORT.—The Administrator

3 shall transmit to Congress, no later than July 31, 1996,

4 a report on its restructuring activities by fiscal year con5 taining, at a minimum, a description of all actions taken

6 or planned to be taken after July 31, 1995, and before

7 October 1, 2002, including contracts terminated or con8 solidated; reductions in force; relocations of personnel and

9 facilities; sales, closures, or mothballing of capital assets

10 or facilities; and net savings to be realized from such ac11 tions by fiscal year.

12 (b) PROPOSED LEGISLATION.—The President shall

13 propose to Congress, not later than September 30, 1996,

14 all enabling legislation required to carry out actions de15 scribed by the Administrator’s report under subsection

16 (a).

17 CHAPTER 3—LIMITATIONS AND SPECIAL

18 AUTHORITY

19 SEC. 231. USE OF FUNDS FOR CONSTRUCTION.

20 (a) AUTHORIZED USES.—Funds appropriated under

21 sections 211(1) through (5), 212, and 213(1) and (2), and

22 funds appropriated for research operations support under

23 section 213(4), may be used for the construction of new

24 facilities and additions to, repair of, rehabilitation of, or

25 modification of existing facilities at any location in support

26 of the purposes for which such funds are authorized.
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1 (b) LIMITATION.—None of the funds pursuant to

2 subsection (a) may be expended for a project, the esti3 mated cost of which to the National Aeronautics and

4 Space Administration, including collateral equipment, ex5 ceeds $500,000, until 30 days have passed after the Ad6 ministrator has notified the Committee on Science of the

7 House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate of the

9 nature, location, and estimated cost to the National Aero10 nautics and Space Administration of such project.

11 (c) TITLE TO FACILITIES.—If funds are used pursu12 ant to subsection (a) for grants to institutions of higher

13 education, or to nonprofit organizations whose primary

14 purpose is the conduct of scientific research, for purchase

15 or construction of additional research facilities, title to

16 such facilities shall be vested in the United States unless

17 the Administrator determines that the national program

18 of aeronautical and space activities will best be served by

19 vesting title in the grantee institution or organization.

20 Each such grant shall be made under such conditions as

21 the Administrator shall determine to be required to ensure

22 that the United States will receive therefrom benefits ade23 quate to justify the making of that grant.
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1 SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.

2 To the extent provided in appropriations Acts, appro3 priations authorized under chapter 1 may remain available

4 without fiscal year limitation.

5 SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FA6 CILITIES.

7 (a) IN GENERAL.—Appropriations authorized under

8 any paragraph of section 211(6) or 213(3)—

9 (1) may be varied upward by 10 percent in the

10 discretion of the Administrator; or

11 (2) may be varied upward by 25 percent, to

12 meet unusual cost variations, after the expiration of

13 15 days following a report on the circumstances of

14 such action by the Administrator to the Committee

15 on Science of the House of Representatives and the

16 Committee on Commerce, Science, and Transpor17 tation of the Senate.

18 The aggregate amount authorized to be appropriated

19 under sections 211(6) and 213(3) shall not be increased

20 as a result of actions authorized under paragraphs (1) and

21 (2) of this subsection.

22 (b) SPECIAL RULE.—Where the Administrator deter23 mines that new developments in the national program of

24 aeronautical and space activities have occurred; and that

25 such developments require the use of additional funds for

26 the purposes of construction, expansion, or modification
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1 of facilities at any location; and that deferral of such ac2 tion until the enactment of the next National Aeronautics

3 and Space Administration Authorization Act would be in4 consistent with the interest of the Nation in aeronautical

5 and space activities, the Administrator may use up to

6 $10,000,000 of the amounts authorized under section

7 211(6) or 213(3) for each fiscal year for such purposes.

8 No such funds may be obligated until a period of 30 days

9 has passed after the Administrator has transmitted to the

10 Committee on Commerce, Science, and Transportation of

11 the Senate and the Committee on Science of the House

12 of Representatives a written report describing the nature

13 of the construction, its costs, and the reasons therefor.

14 SEC. 234. CONSIDERATION BY COMMITTEES.

15 Notwithstanding any other provision of law—

16 (1) no amount appropriated to the National

17 Aeronautics and Space Administration may be used

18 for any program for which the President’s annual

19 budget request included a request for funding, but

20 for which the Congress denied or did not provide

21 funding;

22 (2) no amount appropriated to the National

23 Aeronautics and Space Administration may be used

24 for any program in excess of the amount actually
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1 authorized for the particular program under this

2 subtitle; and

3 (3) no amount appropriated to the National

4 Aeronautics and Space Administration may be used

5 for any program which has not been presented to

6 the Congress in the President’s annual budget re7 quest or the supporting and ancillary documents

8 thereto,

9 unless a period of 30 days has passed after the receipt

10 by the Committee on Science of the House of Representa11 tives and the Committee on Commerce, Science, and

12 Transportation of the Senate of notice given by the Ad13 ministrator containing a full and complete statement of

14 the action proposed to be taken and the facts and cir15 cumstances relied upon in support of such proposed ac16 tion. The National Aeronautics and Space Administration

17 shall keep the Committee on Science of the House of Rep18 resentatives and the Committee on Commerce, Science,

19 and Transportation of the Senate fully and currently in20 formed with respect to all activities and responsibilities

21 within the jurisdiction of those committees. Except as oth22 erwise provided by law, any Federal department, agency,

23 or independent establishment shall furnish any informa24 tion requested by either committee relating to any such

25 activity or responsibility.
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1 SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED

2 APPROPRIATIONS.

3 (a) REPORTS TO CONGRESS.—Not later than 30 days

4 after the later of the date of enactment of an Act making

5 appropriations to the National Aeronautics and Space Ad6 ministration for fiscal year 1997 and the date of enact7 ment of this Act, the Administrator shall submit a report

8 to Congress and to the Comptroller General which speci9 fies—

10 (1) the portion of such appropriations which are

11 for programs, projects, or activities not authorized

12 under chapter 1 of this subtitle, or which are in ex13 cess of amounts authorized for the relevant program,

14 project, or activity under this title; and

15 (2) the portion of such appropriations which are

16 authorized under this title.

17 (b) FEDERAL REGISTER NOTICE.—The Adminis18 trator shall, coincident with the submission of the report

19 required by subsection (a), publish in the Federal Register

20 a notice of all programs, projects, or activities for which

21 funds are appropriated but which were not authorized

22 under this title, and solicit public comment thereon re23 garding the impact of such programs, projects, or activi24 ties on the conduct and effectiveness of the national aero25 nautics and space program.
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1 (c) LIMITATION.—Notwithstanding any other provi2 sion of law, no funds may be obligated for any programs,

3 projects, or activities of the National Aeronautics and

4 Space Administration for fiscal year 1997 not authorized

5 under this title until 30 days have passed after the close

6 of the public comment period contained in the notice re7 quired in subsection (b).

8 SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

9 OR EXTRAORDINARY EXPENSES.

10 Not more than $30,000 of the funds appropriated

11 under section 212 may be used for scientific consultations

12 or extraordinary expenses, upon the authority of the Ad13 ministrator.

14 Subtitle C—International Space

15 Station

16 SEC. 241. FINDINGS.

17 The Congress finds that—

18 (1) the development, assembly, and operation of

19 the International Space Station is in the national in20 terest of the United States;

21 (2) the National Aeronautics and Space Admin22 istration has restructured and redesigned the Inter23 national Space Station, consolidated contract re24 sponsibility, and achieved program management,

25 control, and stability;
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1 (3) the significant involvement by private ven2 tures in marketing and using, competitively servic3 ing, and commercially augmenting the operational

4 capabilities of the International Space Station dur5 ing its assembly and operational phases will lower

6 costs and increase benefits to the international part7 ners;

8 (4) further rescoping or redesigns of the Inter9 national Space Station will lead to costly delays, in10 crease costs to its international partners, discourage

11 commercial involvement, and weaken the inter12 national space partnership necessary for future

13 space projects;

14 (5) total program costs for development, assem15 bly, and initial operations have been identified and

16 capped to ensure financial discipline and maintain

17 program schedule milestones;

18 (6) in order to contain costs, mission planning

19 and engineering functions of the National Space

20 Transportation System (Space Shuttle) program

21 should be coordinated with the Space Station Pro22 gram Office;

23 (7) the International Space Station represents

24 an important component of an adequately funded
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1 civil space program which balances human space

2 flight with science, aeronautics, and technology;

3 (8) the International Space Station should be

4 an inspiration to society, particularly our young peo5 ple, and should provide new and expanded opportu6 nities to meet important educational goals; and

7 (9) when completed, the International Space

8 Station will be the largest, most capable micro9 gravity research facility ever developed. It will pro10 vide a lasting framework for conducting large-scale

11 science programs with international partners and it

12 is the next step in the human exploration of space.

13 The United States should commit to completing this

14 program, thereby reaping the benefits of scientific

15 research and international cooperation.

16 SEC. 242. COMMERCIALIZATION OF SPACE STATION.

17 (a) POLICY.—The Congress declares that a priority

18 goal of constructing the International Space Station is the

19 economic development of Earth orbital space. The Con20 gress further declares that the use of free market prin21 ciples in operating, allocating the use of, and adding capa22 bilities to the Space Station, and the resulting fullest pos23 sible engagement of commercial providers and participa24 tion of commercial users, will reduce Space Station oper25 ational costs for all partners and the Federal Govern-
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1 ment’s share of the United States burden to fund oper2 ations.

3 (b) REPORT.—The Administrator shall deliver to the

4 Congress, within 60 days after the date of the enactment

5 of this Act, a market study that examines the role of com6 mercial ventures which could supply, use, service, or aug7 ment the International Space Station, the specific policies

8 and initiatives the Administrator is advancing to encour9 age these commercial opportunities, the cost savings to be

10 realized by the international partnership from applying

11 commercial approaches to cost-shared operations, and the

12 cost reimbursements to the United States Federal Govern13 ment from commercial users of the Space Station.

14 SEC. 243. SENSE OF CONGRESS.

15 It is the sense of Congress that the ‘‘cost incentive

16 fee’’ single prime contract negotiated by the National Aer17 onautics and Space Administration for the International

18 Space Station, and the consolidation of programmatic and

19 financial accountability into a single Space Station Pro20 gram Office, are two examples of reforms for the reinven21 tion of all National Aeronautics and Space Administration

22 programs that should be applied as widely and as quickly

23 as possible throughout the Nation’s civil space program.
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1 SEC. 244. SPACE STATION ACCOUNTING REPORT.

2 (a) ANNUAL REPORT TO THE CONGRESS.—The Ad3 ministrator shall transmit a report to the Congress each

4 year containing a complete accounting of all costs of the

5 space station, including cash and other payments to Rus6 sia.

7 (b) QUARTERLY REPORTS FROM RUSSIA.—The Ad8 ministrator shall obtain quarterly reports from the Rus9 sian Space Agency during the term of the contract be10 tween the Russian Space Agency and the National Aero11 nautics and Space Administration which fully account for

12 the disposition of funds paid or transferred by the Na13 tional Aeronautics and Space Administration to Russia,

14 including—

15 (1) the amount of funds received from the Na16 tional Aeronautics and Space Administration and

17 the date of their receipt;

18 (2) the amount of funds converted from United

19 States currency by the Russian Space Agency, the

20 currency into which the funds have been converted,

21 and the dates and exchange rates of each such con22 version;

23 (3) the amount of non-United States currency,

24 and of United States currency, disbursed by the

25 Russian Space Agency to any contractor or sub26 contractor, the identity of such contractor or sub-
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1 contractor, and the date on which the funds were

2 disbursed; and

3 (4) the balance of the funds provided by the

4 National Aeronautics and Space Administration

5 which have not been disbursed by the Russian Space

6 Agency as of the date of the report.

7 Subtitle D—Miscellaneous

8 Provisions

9 SEC. 251. COMMERCIAL SPACE LAUNCH AMENDMENTS.

10 (a) AMENDMENTS.—Chapter 701 of title 49, United

11 States Code, is amended—

12 (1) in the table of sections—

13 (A) by amending the item relating to sec14 tion 70104 to read as follows:

‘‘70104. Restrictions on launches, operations, and reentries.’’;

15 (B) by amending the item relating to sec16 tion 70108 to read as follows:

‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries.’’;

17 and

18 (C) by amending the item relating to sec19 tion 70109 to read as follows:

‘‘70109. Preemption of scheduled launches or reentries.’’;

20 (2) in section 70101—
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1 (A) by inserting ‘‘microgravity research,’’

2 after ‘‘information services,’’ in subsection

3 (a)(3);

4 (B) by inserting ‘‘, reentry,’’ after ‘‘launch5 ing’’ both places it appears in subsection (a)(4);

6 (C) by inserting ‘‘, reentry vehicles,’’ after

7 ‘‘launch vehicles’’ in subsection (a)(5);

8 (D) by inserting ‘‘and reentry services’’

9 after ‘‘launch services’’ in subsection (a)(6);

10 (E) by inserting ‘‘, reentries,’’ after

11 ‘‘launches’’ both places it appears in subsection

12 (a)(7);

13 (F) by inserting ‘‘, reentry sites,’’ after

14 ‘‘launch sites’’ in subsection (a)(8);

15 (G) by inserting ‘‘and reentry services’’

16 after ‘‘launch services’’ in subsection (a)(8);

17 (H) by inserting ‘‘reentry sites,’’ after

18 ‘‘launch sites,’’ in subsection (a)(9);

19 (I) by inserting ‘‘and reentry site’’ after

20 ‘‘launch site’’ in subsection (a)(9);

21 (J) by inserting ‘‘reentry vehicles,’’ after

22 ‘‘launch vehicles’’ in subsection (b)(2);

23 (K) by striking ‘‘launch’’ in subsection

24 (b)(2)(A);
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1 (L) by inserting ‘‘and reentry’’ after ‘‘com2 mercial launch’’ in subsection (b)(3);

3 (M) by striking ‘‘launch’’ after ‘‘and trans4 fer commercial’’ in subsection (b)(3); and

5 (N) by inserting ‘‘and development of re6 entry sites,’’ after ‘‘launch-site support facili7 ties,’’ in subsection (b)(4);

8 (3) in section 70102—

9 (A) by striking ‘‘and any payload’’ and in10 serting in lieu thereof ‘‘or reentry vehicle and

11 any payload from Earth’’ in paragraph (3);

12 (B) by inserting ‘‘or reentry vehicle’’ after

13 ‘‘means of a launch vehicle’’ in paragraph (8);

14 (C) by redesignating paragraphs (10)

15 through (12) as paragraphs (14) through (16),

16 respectively;

17 (D) by inserting after paragraph (9) the

18 following new paragraphs:

19 ‘‘(10) ‘reenter’ and ‘reentry’ mean to return or

20 attempt to return, purposefully, a reentry vehicle

21 and its payload, if any, from Earth orbit or from

22 outer space to Earth.

23 ‘‘(11) ‘reentry services’ means—
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1 ‘‘(A) activities involved in the preparation

2 of a reentry vehicle and its payload, if any, for

3 reentry; and

4 ‘‘(B) the conduct of a reentry.

5 ‘‘(12) ‘reentry site’ means the location on Earth

6 to which a reentry vehicle is intended to return (as

7 defined in a license the Secretary issues or transfers

8 under this chapter).

9 ‘‘(13) ‘reentry vehicle’ means a vehicle designed

10 to return from Earth orbit or outer space to Earth,

11 or a reusable launch vehicle designed to return from

12 outer space substantially intact.’’; and

13 (E) by inserting ‘‘or reentry services’’ after

14 ‘‘launch services’’ each place it appears in para15 graph (15), as so redesignated by subparagraph

16 (C) of this paragraph;

17 (4) in section 70103(b)—

18 (A) by inserting ‘‘AND REENTRIES’’ after

19 ‘‘LAUNCHES’’ in the subsection heading;

20 (B) by inserting ‘‘and reentries’’ after

21 ‘‘space launches’’ in paragraph (1); and

22 (C) by inserting ‘‘and reentry’’ after

23 ‘‘space launch’’ in paragraph (2);

24 (5) in section 70104—
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1 (A) by amending the section designation

2 and heading to read as follows:

3 ‘‘§ 70104. Restrictions on launches, operations, and

4 reentries’’;

5 (B) by inserting ‘‘or reentry site, or to re6 enter a reentry vehicle,’’ after ‘‘operate a

7 launch site’’ each place it appears in subsection

8 (a);

9 (C) by inserting ‘‘or reentry’’ after ‘‘launch

10 or operation’’ in subsection (a)(3) and (4);

11 (D) in subsection (b)—

12 (i) by striking ‘‘launch license’’ and

13 inserting in lieu thereof ‘‘license’’;

14 (ii) by inserting ‘‘or reenter’’ after

15 ‘‘may launch’’; and

16 (iii) by inserting ‘‘or reentering’’ after

17 ‘‘related to launching’’; and

18 (E) in subsection (c)—

19 (i) by amending the subsection head20 ing to read as follows: ‘‘PREVENTING

21 LAUNCHES AND REENTRIES.—’’;

22 (ii) by inserting ‘‘or reentry’’ after

23 ‘‘prevent the launch’’; and

24 (iii) by inserting ‘‘or reentry’’ after

25 ‘‘decides the launch’’;
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1 (6) in section 70105—

2 (A) by inserting ‘‘or a reentry site, or the

3 reentry of a reentry vehicle,’’ after ‘‘operation

4 of a launch site’’ in subsection (b)(1); and

5 (B) by striking ‘‘or operation’’ and insert6 ing in lieu thereof ‘‘, operation, or reentry’’ in

7 subsection (b)(2)(A);

8 (7) in section 70106(a)—

9 (A) by inserting ‘‘or reentry site’’ after

10 ‘‘observer at a launch site’’;

11 (B) by inserting ‘‘or reentry vehicle’’ after

12 ‘‘assemble a launch vehicle’’; and

13 (C) by inserting ‘‘or reentry vehicle’’ after

14 ‘‘with a launch vehicle’’;

15 (8) in section 70108—

16 (A) by amending the section designation

17 and heading to read as follows:

18 ‘‘§ 70108. Prohibition, suspension, and end of

19 launches, operation of launch sites and

20 reentry sites, and reentries’’;

21 and

22 (B) in subsection (a)—

23 (i) by inserting ‘‘or reentry site, or re24 entry of a reentry vehicle,’’ after ‘‘oper25 ation of a launch site’’; and
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1 (ii) by inserting ‘‘or reentry’’ after

2 ‘‘launch or operation’’;

3 (9) in section 70109—

4 (A) by amending the section designation

5 and heading to read as follows:

6 ‘‘§ 70109. Preemption of scheduled launches or reen7 tries’’;

8 (B) in subsection (a)—

9 (i) by inserting ‘‘or reentry’’ after

10 ‘‘ensure that a launch’’;

11 (ii) by inserting ‘‘, reentry site,’’ after

12 ‘‘United States Government launch site’’;

13 (iii) by inserting ‘‘or reentry date

14 commitment’’ after ‘‘launch date commit15 ment’’;

16 (iv) by inserting ‘‘or reentry’’ after

17 ‘‘obtained for a launch’’;

18 (v) by inserting ‘‘, reentry site,’’ after

19 ‘‘access to a launch site’’;

20 (vi) by inserting ‘‘, or services related

21 to a reentry,’’ after ‘‘amount for launch

22 services’’; and

23 (vii) by inserting ‘‘or reentry’’ after

24 ‘‘the scheduled launch’’; and
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1 (C) in subsection (c), by inserting ‘‘or re2 entry’’ after ‘‘prompt launching’’;

3 (10) in section 70110—

4 (A) by inserting ‘‘or reentry’’ after ‘‘pre5 vent the launch’’ in subsection (a)(2); and

6 (B) by inserting ‘‘or reentry site, or re7 entry of a reentry vehicle,’’ after ‘‘operation of

8 a launch site’’ in subsection (a)(3)(B);

9 (11) in section 70111—

10 (A) by inserting ‘‘or reentry’’ after

11 ‘‘launch’’ in subsection (a)(1)(A);

12 (B) by inserting ‘‘and reentry services’’

13 after ‘‘launch services’’ in subsection (a)(1)(B);

14 (C) by inserting ‘‘or reentry services’’ after

15 ‘‘or launch services’’ in subsection (a)(2);

16 (D) by inserting ‘‘or reentry’’ after ‘‘com17 mercial launch’’ both places it appears in sub18 section (b)(1);

19 (E) by inserting ‘‘or reentry services’’ after

20 ‘‘launch services’’ in subsection (b)(2)(C);

21 (F) by striking ‘‘or its payload for launch’’

22 in subsection (d) and inserting in lieu thereof

23 ‘‘or reentry vehicle, or the payload of either, for

24 launch or reentry’’; and
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1 (G) by inserting ‘‘, reentry vehicle,’’ after

2 ‘‘manufacturer of the launch vehicle’’ in sub3 section (d);

4 (12) in section 70112—

5 (A) by inserting ‘‘or reentry’’ after ‘‘one

6 launch’’ in subsection (a)(3);

7 (B) by inserting ‘‘or reentry services’’ after

8 ‘‘launch services’’ in subsection (a)(4);

9 (C) by inserting ‘‘or reentry services’’ after

10 ‘‘launch services’’ each place it appears in sub11 section (b);

12 (D) by inserting ‘‘applicable’’ after ‘‘car13 ried out under the’’ in paragraphs (1) and (2)

14 of subsection (b);

15 (E) by striking ‘‘, Space, and Technology’’

16 in subsection (d)(1);

17 (F) by inserting ‘‘OR REENTRIES’’ after

18 ‘‘LAUNCHES’’ in the heading for subsection (e);

19 and

20 (G) by inserting ‘‘or reentry site or a re21 entry’’ after ‘‘launch site’’ in subsection (e);

22 (13) in section 70113(a)(1) and (d)(1) and (2),

23 by inserting ‘‘or reentry’’ after ‘‘one launch’’ each

24 place it appears;

25 (14) in section 70115(b)(1)(D)(i)—
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1 (A) by inserting ‘‘reentry site,’’ after

2 ‘‘launch site,’’; and

3 (B) by inserting ‘‘or reentry vehicle’’ after

4 ‘‘launch vehicle’’ both places it appears; and

5 (15) in section 70117—

6 (A) by inserting ‘‘or reentry site, or to re7 enter a reentry vehicle’’ after ‘‘operate a launch

8 site’’ in subsection (a);

9 (B) by inserting ‘‘or reentry’’ after ‘‘ap10 proval of a space launch’’ in subsection (d);

11 (C) by amending subsection (f) to read as

12 follows:

13 ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN

14 IMPORT.—A launch vehicle, reentry vehicle, or payload

15 that is launched or reentered is not, because of the launch

16 or reentry, an export or import, respectively, for purposes

17 of a law controlling exports or imports.’’; and

18 (D) in subsection (g)—

19 (i) by striking ‘‘operation of a launch

20 vehicle or launch site,’’ in paragraph (1)

21 and inserting in lieu thereof ‘‘reentry, op22 eration of a launch vehicle or reentry vehi23 cle, or operation of a launch site or reentry

24 site,’’; and
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1 (ii) by inserting ‘‘reentry,’’ after

2 ‘‘launch,’’ in paragraph (2).

3 (b) ADDITIONAL AMENDMENTS.—(1) Section 70105

4 of title 49, United States Code, is amended—

5 (A) by inserting ‘‘(1)’’ before ‘‘A person may

6 apply’’ in subsection (a);

7 (B) by striking ‘‘receiving an application’’ both

8 places it appears in subsection (a) and inserting in

9 lieu thereof ‘‘accepting an application in accordance

10 with criteria established pursuant to subsection

11 (b)(2)(D)’’;

12 (C) by adding at the end of subsection (a) the

13 following new paragraph:

14 ‘‘(2) In carrying out paragraph (1), the Secretary

15 may establish procedures for certification of the safety of

16 a launch vehicle, reentry vehicle, or safety system, proce17 dure, service, or personnel that may be used in conducting

18 licensed commercial space launch or reentry activities.’’;

19 (D) by striking ‘‘and’’ at the end of subsection

20 (b)(2)(B);

21 (E) by striking the period at the end of sub22 section (b)(2)(C) and inserting in lieu thereof ‘‘;

23 and’’;

24 (F) by adding at the end of subsection (b)(2)

25 the following new subparagraph:
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1 ‘‘(D) regulations establishing criteria for ac2 cepting or rejecting an application for a license

3 under this chapter within 60 days after receipt of

4 such application.’’; and

5 (G) by inserting ‘‘, or the requirement to obtain

6 a license,’’ after ‘‘waive a requirement’’ in subsection

7 (b)(3).

8 (2) The amendment made by paragraph (1)(B) shall

9 take effect upon the effective date of final regulations is10 sued pursuant to section 70105(b)(2)(D) of title 49, Unit11 ed States Code, as added by paragraph (1)(F) of this sub12 section.

13 (3) Section 70102(5) of title 49, United States Code,

14 is amended—

15 (A) by redesignating subparagraphs (A) and

16 (B) as subparagraphs (B) and (C), respectively; and

17 (B) by inserting before subparagraph (B), as so

18 redesignated by subparagraph (A) of this paragraph,

19 the following new subparagraph:

20 ‘‘(A) activities directly related to the prep21 aration of a launch site or payload facility for

22 one or more launches;’’.

23 (4) Section 70103(b) of title 49, United States Code,

24 is amended—
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1 (A) in the subsection heading, as amended by

2 subsection (a)(4)(A) of this section, by inserting

3 ‘‘AND STATE SPONSORED SPACEPORTS’’ after ‘‘AND

4 REENTRIES’’; and

5 (B) in paragraph (1), by inserting ‘‘and State

6 sponsored spaceports’’ after ‘‘private sector’’.

7 (5) Section 70105(a)(1) of title 49, United States

8 Code, as amended by subsection (b)(1) of this section, is

9 amended by inserting at the end the following: ‘‘The Sec10 retary shall submit to the Committee on Science of the

11 House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate a writ13 ten notice not later than 7 days after any occurrence when

14 a license is not issued within the deadline established by

15 this subsection.’’.

16 (6) Section 70111 of title 49, United States Code,

17 is amended—

18 (A) in subsection (a)(1), by inserting after sub19 paragraph (B) the following:

20 ‘‘The Secretary shall establish criteria and procedures for

21 determining the priority of competing requests from the

22 private sector and State governments for property and

23 services under this section.’’;
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1 (B) by striking ‘‘actual costs’’ in subsection

2 (b)(1) and inserting in lieu thereof ‘‘additive costs

3 only’’; and

4 (C) by inserting after subsection (b)(2) the fol5 lowing new paragraph:

6 ‘‘(3) The Secretary shall ensure the establishment of

7 uniform guidelines for, and consistent implementation of,

8 this section by all Federal agencies.’’.

9 (7) Section 70112 of title 49, United States Code,

10 is amended—

11 (A) in subsection (a)(1), by inserting ‘‘launch,

12 reentry, or site operator’’ after ‘‘(1) When a’’;

13 (B) in subsection (b)(1), by inserting ‘‘launch,

14 reentry, or site operator’’ after ‘‘(1)A’’; and

15 (C) in subsection (f), by inserting ‘‘launch, re16 entry, or site operator’’ after ‘‘carried out under a’’.

17 (c) REGULATIONS.—(1) Chapter 701 of title 49,

18 United States Code, is amended by adding at the end the

19 following new section:

20 ‘‘§ 70120. Regulations

21 ‘‘The Secretary of Transportation, within 6 months

22 after the date of the enactment of this section, shall issue

23 regulations to carry out this chapter that include—
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1 ‘‘(1) guidelines for industry to obtain sufficient

2 insurance coverage for potential damages to third

3 parties;

4 ‘‘(2) procedures for requesting and obtaining li5 censes to operate a commercial launch vehicle and

6 reentry vehicle;

7 ‘‘(3) procedures for requesting and obtaining

8 operator licenses for launch and reentry; and

9 ‘‘(4) procedures for the application of govern10 ment indemnification.’’.

11 (2) The table of sections for such chapter 701 is

12 amended by adding after the item relating to section

13 70119 the following new item:

‘‘70120. Regulations.’’.

14 (d) REPORT TO CONGRESS.—(1) Chapter 701 of title

15 49, United States Code, is further amended by adding at

16 the end the following new section:

17 ‘‘§ 70121. Report to Congress

18 ‘‘The Secretary of Transportation shall submit to

19 Congress an annual report to accompany the President’s

20 budget request that—

21 ‘‘(1) describes all activities undertaken under

22 this chapter, including a description of the process

23 for the application for and approval of licenses under

24 this chapter and recommendations for legislation
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1 that may further commercial launches and reentries;

2 and

3 ‘‘(2) reviews the performance of the regulatory

4 activities and the effectiveness of the Office of Com5 mercial Space Transportation.’’.

6 (2) The table of sections for such chapter 701 is fur7 ther amended by adding after the item relating to section

8 70120, as added by subsection (c)(2) of this section, the

9 following new item:

‘‘70121. Report to Congress.’’.

10 SEC. 252. REQUIREMENT FOR INDEPENDENT COST ANALY11 SIS.

12 Before any funds may be obligated for Phase C of

13 a project that is projected to cost more than $75,000,000

14 in total project costs, the Chief Financial Officer for the

15 National Aeronautics and Space Administration shall con16 duct an independent cost analysis of such project and shall

17 report the results to Congress. In developing cost account18 ing and reporting standards for carrying out this section,

19 the Chief Financial Officer shall, to the extent practicable

20 and consistent with other laws, solicit the advice of exper21 tise outside of the National Aeronautics and Space Admin22 istration.
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1 SEC. 253. OFFICE OF SPACE COMMERCE.

2 (a) ESTABLISHMENT.—There is established within

3 the Department of Commerce an Office of Space Com4 merce.

5 (b) FUNCTIONS.—The Office of Space Commerce

6 shall be the principal unit for the coordination of space7 related issues, programs, and initiatives within the De8 partment of Commerce. The Office’s primary responsibil9 ities shall include—

10 (1) promoting private sector investment in

11 space activities by collecting, analyzing, and dissemi12 nating information on space markets, and conduct13 ing workshops and seminars to increase awareness

14 of commercial space opportunities;

15 (2) assisting United States commercial provid16 ers in their efforts to do business with the United

17 States Government, and acting as an industry advo18 cate within the executive branch to ensure that the

19 Federal Government meets its space-related require20 ment, to the fullest extent feasible, with commer21 cially available space goods and services;

22 (3) ensuring that the United States Govern23 ment does not compete with the private sector in the

24 provision of space hardware and services otherwise

25 available from the private sector;
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1 (4) promoting the export of space-related goods

2 and services;

3 (5) representing the Department of Commerce

4 in the development of United States policies and in

5 negotiations with foreign countries to ensure free

6 and fair trade internationally in the area of space

7 commerce;

8 (6) seeking the removal of legal, policy, and in9 stitutional impediments to space commerce; and

10 (7) licensing private sector parties to operate

11 private remote sensing space systems and supporting

12 the private sector’s role in the commercial develop13 ment of Landsat remote sensing data distribution.

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

15 AMENDMENTS.

16 (a) DECLARATION OF POLICY AND PURPOSE.—Sec17 tion 102 of the National Aeronautics and Space Act of

18 1958 (42 U.S.C. 2451) is amended—

19 (1) by striking subsection (f) and redesignating

20 subsections (g) and (h) as subsections (f) and (g),

21 respectively; and

22 (2) in subsection (g), as so redesignated by

23 paragraph (1) of this subsection, by striking ‘‘(f),

24 and (g)’’ and inserting in lieu thereof ‘‘and (f)’’.
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1 (b) REPORTS TO THE CONGRESS.—Section 206(a) of

2 the National Aeronautics and Space Act of 1958 (42

3 U.S.C. 2476(a)) is amended—

4 (1) by striking ‘‘January’’ and inserting in lieu

5 thereof ‘‘May’’; and

6 (2) by striking ‘‘calendar’’ and inserting in lieu

7 thereof ‘‘fiscal’’.

8 (c) DISCLOSURE OF TECHNICAL DATA.—Section 303

9 of the National Aeronautics and Space Act of 1958 (42

10 U.S.C. 2454) is amended—

11 (1) in subsection (a)(C), by inserting ‘‘or (c)’’

12 after ‘‘subsection (b)’’; and

13 (2) by adding at the end the following new sub14 section:

15 ‘‘(c)(1) The Administrator, at his discretion or at the

16 request of a private sector entity, shall delay for a period

17 of at least one day, but not to exceed 5 years, the unre18 stricted public disclosure of technical data in the posses19 sion of, or under the control of, the Administration that

20 has been generated in the performance of experimental,

21 developmental, or research activities or programs funded

22 jointly by the Administration and such private sector en23 tity.

24 ‘‘(2) Within 1 year after the date of the enactment

25 of the National Aeronautics and Space Administration Au-
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1 thorization Act, Fiscal Year 1997, the Administrator shall

2 issue regulations to carry out this subsection. Paragraph

3 (1) shall not take effect until such regulations are issued.

4 ‘‘(3) Regulations issued pursuant to paragraph (2)

5 shall include—

6 ‘‘(A) guidelines for a determination of whether

7 data is technical data within the meaning of this

8 subsection;

9 ‘‘(B) provisions to ensure that technical data is

10 available for dissemination within the United States

11 to United States persons and entities in furtherance

12 of the objective of maintaining leadership or com13 petitiveness in civil and governmental aeronautical

14 and space activities by the United States industrial

15 base; and

16 ‘‘(C) a specification of the period or periods for

17 which the delay in unrestricted public disclosure of

18 technical data is to apply to various categories of

19 such data, and the restrictions on disclosure of such

20 data during such period or periods, including a re21 quirement that the maximum 5-year protection

22 under this subsection shall not be provided unless at

23 least 50 percent of the funding for the activities or

24 programs is provided by the private sector.
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1 ‘‘(4) The Administrator shall annually report to the

2 Congress all determinations made under paragraph (1).

3 ‘‘(5) For purposes of this subsection, the term ‘tech4 nical data’ means any recorded information, including

5 computer software, that is or may be directly applicable

6 to the design, engineering, development, production, man7 ufacture, or operation of products or processes that may

8 have significant value in maintaining leadership or com9 petitiveness in civil and governmental aeronautical and

10 space activities by the United States industrial base.’’.

11 SEC. 255. PROCUREMENT.

12 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

13 (1) IN GENERAL.—The Administrator shall es14 tablish within the Office of Space Access and Tech15 nology a program of expedited technology procure16 ment for the purpose of demonstrating how innova17 tive technology concepts can rapidly be brought to

18 bear upon space missions of the National Aero19 nautics and Space Administration.

20 (2) PROCEDURES AND EVALUATION.—The Ad21 ministrator shall establish procedures for actively

22 seeking from persons outside the National Aero23 nautics and Space Administration innovative tech24 nology concepts, relating to the provision of space
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1 hardware, technology, or service to the National Aer2 onautics and Space Administration.

3 (3) REQUIREMENT.—At least 1 percent of

4 amounts authorized to be appropriated under section

5 212(4) shall be used for innovative technology pro6 curements that are determined under paragraph (2)

7 of this subsection to meet mission requirements.

8 (4) SPECIAL AUTHORITY.—In order to carry

9 out this subsection the Administrator shall recruit

10 and hire for limited term appointments persons from

11 outside the National Aeronautics and Space Admin12 istration with special expertise and experience relat13 ed to the innovative technology concepts with respect

14 to which procurements are made under this sub15 section.

16 (5) SUNSET.—This subsection shall cease to be

17 effective 10 years after the date of its enactment.

18 (b) TECHNOLOGY PROCUREMENT INITIATIVE.—

19 (1) IN GENERAL.—The Administrator shall co20 ordinate National Aeronautics and Space Adminis21 tration resources in the areas of procurement, com22 mercial programs, and advanced technology in order

23 to—
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1 (A) fairly assess and procure commercially

2 available technology from the marketplace in

3 the most efficient manner practicable;

4 (B) achieve a continuous pattern of inte5 grating advanced technology from the commer6 cial sector, and from Federal sources outside

7 the National Aeronautics and Space Adminis8 tration, into the missions and programs of the

9 National Aeronautics and Space Administra10 tion;

11 (C) incorporate private sector buying and

12 bidding procedures, including fixed price con13 tracts, into procurements; and

14 (D) provide incentives for cost-plus con15 tractors of the National Aeronautics and Space

16 Administration to integrate commercially avail17 able technology in subsystem contracts on a

18 fixed-price basis.

19 (2) CERTIFICATION.—Upon solicitation of any

20 procurement for space hardware, technology, or serv21 ices that are not commercially available, the Admin22 istrator shall certify, by publication of a notice and

23 opportunity to comment in the Commerce Business

24 Daily, for each such procurement action, that no

25 functional equivalent, commercially, available space
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1 hardware, technology, or service exists and that no

2 commercial method of procurement in available.

3 SEC. 256. ADDITIONAL NATIONAL AERONAUTICS AND

4 SPACE ADMINISTRATION FACILITIES.

5 The Administrator shall not construct or enter into

6 a new lease for facilities to support National Aeronautics

7 and Space Administration programs unless the Adminis8 trator notifies the Congress that the Administrator re9 viewed existing National Aeronautics and Space Adminis10 tration and other federally owned facilities, including mili11 tary facilities scheduled for closing or reduction, and found

12 no such facilities appropriate for the intended use.

13 SEC. 257. PURCHASE OF SPACE SCIENCE DATA.

14 (a) IN GENERAL.—To the maximum extent possible,

15 the National Aeronautics and Space Administration shall,

16 where cost effective, purchase space science data from the

17 United States private sector. Examples of such data in18 clude scientific data concerning the elemental and mineral19 ogical resources of the moon and the planets, Earth envi20 ronmental data obtained through remote sensing observa21 tions, and solar storm monitoring.

22 (b) COMPETITIVE BIDDING.—(1) Contracts for the

23 purchase of space data under this section shall be awarded

24 in a process of full, fair, and open competitive bidding.
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1 (2) Submission of cost data, either for the purposes

2 of supporting the bid or fulfilling the terms of the con3 tract, shall not be required of bidders or awardees of the

4 contract.

5 (3) Reasonable performance specifications, rather

6 than design or construction specifications, shall be used

7 to the maximum extent feasible to define requirements for

8 United States private sector providers with respect to the

9 design, construction, or operation of equipment used in ob10 taining space science data under contracts entered into

11 under this section. This subsection shall not be construed

12 to prohibit the Federal Government from requiring com13 pliance with applicable safety standards.

14 (4) Contracts under this section shall not provide for

15 the Federal Government to obtain ownership of data not

16 specifically sought by the Federal Government.

17 SEC. 258. PLAN FOR MISSION TO PLANET EARTH.

18 (a) REQUIREMENT.—The Administrator shall, within

19 6 months after the date of the enactment of this Act,

20 transmit to the Congress a report containing a plan for

21 Mission to Planet Earth.

22 (b) CONTENTS.—The report required by subsection

23 (a) shall include—

24 (1) an analysis of Earth observation systems of

25 other countries and the ways in which the United
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1 States could benefit from such systems, including by

2 eliminating duplication of effort;

3 (2) an analysis of how the Department of De4 fense’s airborne and space sensor programs could be

5 used in Mission to Planet Earth;

6 (3) a plan for infusing advanced technology into

7 the Mission to Planet Earth program, including

8 milestones and an identification of available re9 sources;

10 (4) a plan to solicit proposals from the private

11 sector on how to innovatively accomplish the most

12 critical research on global climate change;

13 (5) an integrated plan for research in the Sci14 entific Research and Mission to Planet Earth enter15 prises described in the National Aeronautics and

16 Space Administration Strategic Plan issued in May,

17 1994;

18 (6) a plan for developing metrics and milestones

19 to quantify the performance of work on Mission to

20 Planet Earth; and

21 (7) a plan for the role, structure, and operation

22 of the Earth Observing Satellite Data Information

23 System.
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1 SEC. 259. ACQUISITION OF EARTH REMOTE SENSING DATA.

2 (a) ACQUISITION.—To the maximum extent possible,

3 the Administrator shall, where cost effective, acquire

4 space-based and airborne Earth remote sensing data, serv5 ices, distribution, and applications provided by the United

6 States private sector to meet Government goals for Mis7 sion to Planet Earth.

8 (b) STUDY.—(1) The Administrator shall conduct a

9 study to determine the extent to which the baseline sci10 entific requirements of Mission to Planet Earth can be

11 met by the private sector, and how the National Aero12 nautics and Space Administration will meet such require13 ments which cannot be met by the private sector.

14 (2) The study conducted under this subsection

15 shall—

16 (A) make recommendations to promote the

17 availability of information from the National Aero18 nautics and Space Administration to the private sec19 tor to enable the private sector to better meet the

20 baseline scientific requirements of Mission to Planet

21 Earth;

22 (B) determine and prioritize the appropriate

23 baseline scientific requirements for Mission to Planet

24 Earth, and reevaluate, scientifically justify, and

25 prioritize the data sets necessary to fulfill those

26 baseline scientific requirements;
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1 (C) make recommendations to promote the dis2 semination to the private sector of information on

3 advanced technology research and development per4 formed by or for the National Aeronautics and

5 Space Administration; and

6 (D) identify policy, regulatory, and legislative

7 barriers to the implementation of the recommenda8 tions made under this subsection.

9 (3) The results of the study conducted under this

10 subsection shall be transmitted to the Congress within 6

11 months after the date of the enactment of this Act.

12 (c) ADMINISTRATION.—This section shall be carried

13 out as part of the Commercial Remote Sensing Program

14 at the Stennis Space Center.

15 SEC. 260. SHUTTLE PRIVATIZATION.

16 (a) POLICY AND PREPARATION.—The Administrator

17 shall prepare for an orderly transition from the Federal

18 operation, or Federal management of contracted oper19 ation, of space transportation systems to the Federal pur20 chase of commercial space transportation services for all

21 nonemergency launch requirements, including human,

22 cargo, and mixed payloads. In those preparations, the Ad23 ministrator shall take into account the need for short-term

24 economies, as well as the goal of restoring the National

25 Aeronautics and Space Administration’s research focus
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1 and its mandate to promote the fullest possible commercial

2 use of space. As part of those preparations, the Adminis3 trator shall plan for the potential privatization of the

4 Space Shuttle program after the year 2012. Such plan

5 shall keep safety and cost effectiveness as high priorities.

6 Nothing in this section shall prohibit the National Aero7 nautics and Space Administration from studying, design8 ing, developing, or funding upgrades or modifications es9 sential to the safe and economical operation of the Space

10 Shuttle fleet.

11 (b) SAFE OPERATION.—In reviewing proposals for

12 moving to a single prime contractor the Administrator

13 shall give priority to continued safe operation of space

14 transportation systems.

15 (c) FEASIBILITY STUDY.—The Administrator shall

16 conduct a study of the feasibility of implementing the rec17 ommendation of the Independent Shuttle Management Re18 view Team that the National Aeronautics and Space Ad19 ministration transition toward the privatization of the

20 Space Shuttle. The study shall identify, discuss, and,

21 where possible, present options for resolving, the major

22 policy and legal issues that must be addressed before the

23 Space Shuttle is privatized, including—
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1 (1) whether the Federal Government or the

2 Space Shuttle contractor should own the Space

3 Shuttle orbiters and ground facilities;

4 (2) whether the Federal Government should in5 demnify the contractor for any third party liability

6 arising from Space Shuttle operations, and, if so,

7 under what terms and conditions;

8 (3) whether payloads other than National Aero9 nautics and Space Administration payloads should

10 be allowed to be launched on the Space Shuttle, how

11 missions will be prioritized, and who will decide

12 which mission flies and when;

13 (4) whether commercial payloads should be al14 lowed to be launched on the Space Shuttle and

15 whether any classes of payloads should be made in16 eligible for launch consideration;

17 (5) whether National Aeronautics and Space

18 Administration and other Federal Government pay19 loads should have priority over non-Federal payloads

20 in the Space Shuttle launch assignments, and what

21 policies should be developed to prioritize among pay22 loads generally;

23 (6) whether the public interest requires that

24 certain Space Shuttle functions continue to be per25 formed by the Federal Government; and
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1 (7) how much cost savings, if any, will be gen2 erated by privatization of the Space Shuttle.

3 (d) REPORT TO CONGRESS.—Within 60 days after

4 the date of the enactment of this Act, the National Aero5 nautics and Space Administration shall complete the study

6 required under subsection (c) and shall submit a report

7 on the study to the Committee on Commerce, Science, and

8 Transportation of the Senate and the Committee on

9 Science of the House of Representatives.

10 SEC. 261. LAUNCH VOUCHER DEMONSTRATION PROGRAM

11 AMENDMENTS.

12 Section 504 of the National Aeronautics and Space

13 Administration Authorization Act, Fiscal Year 1993 (15

14 U.S.C. 5803) is amended—

15 (1) in subsection (a)—

16 (A) by striking ‘‘the Office of Commercial

17 Programs within’’; and

18 (B) by striking ‘‘Such program shall not

19 be effective after September 30, 1995.’’;

20 (2) by striking subsection (c); and

21 (3) by redesignating subsections (d) and (e) as

22 subsections (c) and (d), respectively.
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1 SEC. 262. PRIVATIZATION OF MICROGRAVITY PARABOLIC

2 FLIGHT OPERATIONS.

3 (a) FINDING.—The Congress finds that no national

4 security or mission critical justification exists for the Na5 tional Aeronautics and Space Administration to maintain

6 its own fleet of aircraft to provide a short duration micro7 gravity environment via parabolic flight.

8 (b) PRIVATIZATION OF FLIGHT OPERATIONS.—(1)

9 The Administrator shall privatize all parabolic flight air10 craft operations conducted by or for the National Aero11 nautics and Space Administration in support of micro12 gravity research, astronaut training, and other functions,

13 whose total cost can be reduced through issuance of one

14 or more long-term, renewable, block purchase contracts

15 for the performance of such operations by United States

16 commercial sector providers.

17 (2) Within 90 days after the date of the enactment

18 of this Act, the Administrator shall issue a request for

19 proposals to provide services which meet all or part of the

20 microgravity flight needs of the National Aeronautics and

21 Space Administration, as described in paragraph (1) at

22 a net savings to the United States Government. The Ad23 ministrator shall coordinate the process of review of such

24 proposals, and shall oversee the transfer of such oper25 ations to the commercial sector as specified in paragraph

26 (3).
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1 (3) Within 6 months after the issuance of a request

2 for proposals under paragraph (2), the Administrator

3 shall, where cost effective, award one or more contracts

4 for microgravity parabolic flight services to a microgravity

5 flight provider that is certified by the Federal Aviation Ad6 ministration. Except as provided in paragraph (4), the Ad7 ministrator shall cease all National Aeronautics and Space

8 Administration-operated parabolic aircraft flights, and

9 shall thereafter procure all microgravity parabolic flight

10 services from commercial sector providers. National Aero11 nautics and Space Administration experimenters, and Na12 tional Aeronautics and Space Administration-funded ex13 perimenters, who would otherwise use National Aero14 nautics and Space Administration-owned or operated

15 microgravity parabolic flight aircraft, shall be issued

16 vouchers for the procurement of microgravity parabolic

17 flight services from the commercial sector.

18 (4) The Administrator may, as necessary to ensure

19 the continuity of National Aeronautics and Space Admin20 istration operations, continue to operate parabolic aircraft

21 flights for up to 3 months after a contract is awarded

22 under paragraph (3). If the Administrator continues oper23 ations pursuant to this paragraph, the Administrator shall

24 concurrently transmit to the Congress an explanation of

25 the reasons for such action.
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1 (5) Six months after the National Aeronautics and

2 Space Administration ceases all parabolic aircraft flights

3 under paragraph (3), the Administrator shall transmit a

4 report to Congress on the effectiveness of privatization

5 under this section.

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

7 AMENDMENTS.

8 The Unitary Wind Tunnel Plan Act of 1949 is

9 amended—

10 (1) in section 101 (50 U.S.C. 511) by striking

11 ‘‘transsonic and supersonic’’ and inserting in lieu

12 thereof ‘‘transonic, supersonic, and hypersonic’’; and

13 (2) in section 103 (50 U.S.C. 513)—

14 (A) by striking ‘‘laboratories’’ in sub15 section (a) and inserting in lieu thereof ‘‘labora16 tories and centers’’;

17 (B) by striking ‘‘supersonic’’ in subsection

18 (a) and inserting in lieu thereof ‘‘transonic, su19 personic, and hypersonic’’; and

20 (C) by striking ‘‘laboratory’’ in subsection

21 (c) and inserting in lieu thereof ‘‘facility’’.

22 SEC. 264. USE OF ABANDONED AND UNDERUTILIZED

23 BUILDINGS, GROUNDS, AND FACILITIES.

24 (a) IN GENERAL.—In meeting the needs of the Na25 tional Aeronautics and Space Administration for addi-
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1 tional facilities, the Administrator, whenever feasible, shall

2 select abandoned and underutilized buildings, grounds,

3 and facilities in depressed communities that can be con4 verted to National Aeronautics and Space Administration

5 facilities at a reasonable cost, as determined by the Ad6 ministrator.

7 (b) DEFINITIONS.—For purposes of this section, the

8 term ‘‘depressed communities’’ means rural and urban

9 communities that are relatively depressed, in terms of age

10 of housing, extent of poverty, growth of per capita income,

11 extent of unemployment, job lag, or surplus labor.

12 SEC. 265. COST EFFECTIVENESS CALCULATIONS.

13 In calculating the cost effectiveness of the cost of the

14 National Aeronautics and Space Administration engaging

15 in an activity as compared to the private sector, the com16 parison shall be made based only on the price the private

17 sector provider will charge for such activity.

18 SEC. 266. PROCUREMENT OMBUDSMAN.

19 (a) ESTABLISHMENT.—The Administrator shall es20 tablish the position of Procurement Ombudsman for the

21 National Aeronautics and Space Administration.

22 (b) FUNCTIONS.—The Procurement Ombudsman

23 shall—

24 (1) be responsible, in consultation with the Of25 fice of Procurement, for reviewing proposed new
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1 missions for the National Aeronautics and Space

2 Administration to determine if such missions, or ele3 ments thereof, can be fulfilled by United States com4 mercial providers; and

5 (2) serve as a point of contact for—

6 (A) persons with whom the National Aero7 nautics and Space Administration has entered

8 into a procurement contract, with respect to

9 concerns of those persons about that contract;

10 and

11 (B) United States commercial providers,

12 with respect to issues relating to competition

13 between those providers and the Federal Gov14 ernment.

15 (c) REPORTS TO CONGRESS.—The Procurement Om16 budsman shall annually, in conjunction with the Presi17 dent’s annual budget request, transmit a report to Con18 gress describing the activities of the Ombudsman during

19 the previous year.

20 SEC. 267. AUTHORITY TO REDUCE OR SUSPEND CONTRACT

21 PAYMENTS BASED ON SUBSTANTIAL EVI22 DENCE OF FRAUD.

23 Section 2307(h)(8) of title 10, United States Code,

24 is amended by striking ‘‘and (4)’’ and inserting in lieu

25 thereof ‘‘(4), and (6)’’.
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1 TITLE III—UNITED STATES FIRE

2 ADMINISTRATION

3 SEC. 301. SHORT TITLE.

4 This title may be cited as the ‘‘Fire Administration

5 Authorization Act of 1996’’.

6 SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

7 Section 17(g)(1) of the Federal Fire Prevention and

8 Control Act of 1974 (15 U.S.C. 2216(a)(1)) is amended—

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (E);

11 (2) by striking the period at the end of sub12 paragraph (F) and inserting in lieu thereof ‘‘; and’’;

13 and

14 (3) by adding at the end the following new sub15 paragraph:

16 ‘‘(G) $27,560,000 for the fiscal year ending

17 September 30, 1997.’’.

18 SEC. 303. FIRE SAFETY SYSTEMS IN ARMY HOUSING.

19 Section 31(c)(1)(A)(ii)(II) is amended by inserting ‘‘,

20 or in the case of housing under the control of the Depart21 ment of the Army, 6 years after such date of enactment’’

22 after ‘‘date of enactment’’.

23 SEC. 304. SUCCESSOR FIRE SAFETY STANDARDS.

24 The Federal Fire Prevention and Control Act of 1974

25 is amended—
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1 (1) in section 29(a)(1), by inserting ‘‘, or any

2 successor standard thereto,’’ after ‘‘Association

3 Standard 74’’;

4 (2) in section 29(a)(2), by inserting ‘‘or any

5 successor standards thereto,’’ after ‘‘whichever is ap6 propriate,’’;

7 (3) in section 29(b)(2), by inserting ‘‘, or any

8 successor standards thereto’’ after ‘‘Association

9 Standard 13 or 13–R’’;

10 (4) in section 31(c)(2)(B)(i), by inserting ‘‘or

11 any successor standard thereto,’’ after ‘‘Life Safety

12 Code),’’; and

13 (5) in section 31(c)(2)(B)(ii), by inserting ‘‘or

14 any successor standard thereto,’’ after ‘‘Association

15 Standard 101,’’.

16 SEC. 305. TERMINATION OR PRIVATIZATION OF FUNC17 TIONS.

18 The Administrator of the United States Fire Admin19 istration shall transmit to Congress a report providing no20 tice at least 60 days in advance of the termination or

21 transfer to a private sector entity of any significant func22 tion of the United States Fire Administration.

23 SEC. 306. REPORT ON BUDGETARY REDUCTION.

24 The Administrator of the United States Fire Admin25 istration shall transmit to Congress, within three months
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1 after the date of the enactment of this Act, a report set2 ting forth the manner in which the United States Fire

3 Administration intends to implement the budgetary reduc4 tion represented by the difference between the amount ap5 propriated to the United States Fire Administration for

6 fiscal year 1997 and the amount requested in the Presi7 dent’s budget request for such fiscal year. Such report

8 shall be prepared in consultation with the Alliance for Fire

9 and Emergency Management, the International Associa10 tion of Fire Chiefs, the International Association of Fire

11 Fighters, the National Fire Protection Association, the

12 National Volunteer Fire Council, the National Association

13 of State Fire Marshals, and the International Association

14 of Arson Investigators.

15 TITLE IV—NATIONAL OCEANIC

16 AND ATMOSPHERIC ADMINIS17 TRATION

18 SEC. 401. SHORT TITLE.

19 This title may be cited as the ‘‘National Oceanic and

20 Atmospheric Administration Authorization Act of 1996’’.

21 SEC. 402. DEFINITIONS.

22 For the purposes of this title, the term—

23 (1) ‘‘Act of 1890’’ means the Act entitled ‘‘An

24 Act to increase the efficiency and reduce the ex25 penses of the Signal Corps of the Army, and to
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1 transfer the Weather Bureau to the Department of

2 Agriculture’’, approved October 1, 1890 (26 Stat.

3 653);

4 (2) ‘‘Act of 1947’’ means the Act entitled ‘‘An

5 Act to define the functions and duties of the Coast

6 and Geodetic Survey, and for other purposes’’, ap7 proved August 6, 1947 (33 U.S.C. 883a et seq.);

8 (3) ‘‘Act of 1970’’ means the Act entitled ‘‘An

9 Act to clarify the status and benefits of commis10 sioned officers of the National Oceanic and Atmos11 pheric Administration, and for other purposes’’, ap12 proved December 31, 1970 (33 U.S.C. 857–1 et

13 seq.);

14 (4) ‘‘Administrator’’ means the Administrator

15 of the National Oceanic and Atmospheric Adminis16 tration; and

17 (5) ‘‘Secretary’’ means the Secretary of Com18 merce.

19 Subtitle A—Atmospheric, Weather,

20 and Satellite Programs

21 SEC. 411. NATIONAL WEATHER SERVICE.

22 (a) OPERATIONS AND RESEARCH.—There are au23 thorized to be appropriated to the Secretary to enable the

24 National Oceanic and Atmospheric Administration to

25 carry out the operations and research duties of the Na-
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1 tional Weather Service, $445,668,000 for fiscal year 1997.

2 Such duties include meteorological, hydrological, and

3 oceanographic public warnings and forecasts, as well as

4 applied research in support of such warnings and fore5 casts.

6 (b) SYSTEMS ACQUISITION.—(1) There are author7 ized to be appropriated to the Secretary to enable the Na8 tional Oceanic and Atmospheric Administration to carry

9 out the public warning and forecast systems duties of the

10 National Weather Service, $64,991,000 for fiscal year

11 1997. Such duties include the development, acquisition,

12 and implementation of major public warning and forecast

13 systems, including the upgrade of computer facilities.

14 None of the funds authorized under this subsection shall

15 be used for the purposes for which funds are authorized

16 under subsection (e). None of the funds authorized under

17 this subsection shall be used for the purposes for which

18 funds are authorized under section 102(b) of the National

19 Oceanic and Atmospheric Administration Authorization

20 Act of 1992 (Public Law 102–567). None of the funds

21 authorized by such section 102(b) shall be expended for

22 a particular NEXRAD installation unless—

23 (A) it is identified as a National Weather Serv24 ice NEXRAD installation in the National Implemen25 tation Plan for modernization of the National
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1 Weather Service, required under section 703 of the

2 National Oceanic and Atmospheric Administration

3 Authorization Act of 1992 (Public Law 102–567);

4 or

5 (B) it is to be used only for spare parts, not as

6 an installation at a particular site.

7 (2) Of the amounts authorized under paragraph (1),

8 $42,935,000 shall be for NEXRAD program manage9 ment, operations, and maintenance.

10 (c) NEW NEXRAD INSTALLATIONS.—No funds may

11 be obligated for NEXRAD installations not identified in

12 the National Implementation Plan for 1996, unless the

13 Secretary certifies that such NEXRAD installations can

14 be acquired within the authorization of NEXRAD con15 tained in section 102(b) of the National Oceanic and At16 mospheric Administration Authorization Act of 1992.

17 (d) ASOS PROGRAM AUTHORIZATION.—Of the sums

18 authorized in subsection (b)(1), $10,056,000 for fiscal

19 year 1997 are authorized to be appropriated to the Sec20 retary, for the acquisition and deployment of—

21 (1) the Automated Surface Observing System

22 and related systems, including multisensor and

23 backup arrays for National Weather Service sites at

24 airports; and
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1 (2) Automated Meteorological Observing Sys2 tem and Remote Automated Meteorological Observ3 ing System replacement units.

4 and to cover all associated activities, including program

5 management and operations and maintenance.

6 (e) AWIPS COMPLETE PROGRAM AUTHORIZA7 TION.—(1) Except as provided in paragraph (2), there are

8 authorized to be appropriated to the Secretary for all fiscal

9 years beginning after September 30, 1996, an aggregate

10 of $271,166,000, to remain available until expended, to

11 complete the acquisition and deployment of the Advanced

12 Weather Interactive Processing System and NOAA Port

13 and to cover all associated activities, including program

14 management and operations and maintenance through

15 September 30, 1999.

16 (2) No funds are authorized to be appropriated for

17 any fiscal year under paragraph (1) unless, within 60 days

18 after the submission of the President’s budget request for

19 such fiscal year, the Secretary—

20 (A) certifies to the Congress that—

21 (i) the systems meet the technical perform22 ance specifications included in the system con23 tract as in effect on August 11, 1995;

24 (ii) the systems can be fully deployed,

25 sited, and operational without requiring further
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1 appropriations beyond amounts authorized

2 under paragraph (1); and

3 (iii) the Secretary does not foresee any

4 delays in the systems deployment and oper5 ations schedule; or

6 (B) submits to the Congress a report which de7 scribes—

8 (i) the circumstances which prevent a cer9 tification under subparagraph (A);

10 (ii) remedial actions undertaken or to be

11 undertaken with respect to such circumstances;

12 (iii) the effects of such circumstances on

13 the systems deployment and operations schedule

14 and systems coverage; and

15 (iv) a justification for proceeding with the

16 program, if appropriate.

17 (f) CONSTRUCTION OF WEATHER FORECAST OF18 FICES.—There are authorized to be appropriated to the

19 Secretary to enable the National Oceanic and Atmospheric

20 Administration to carry out construction, repair, and

21 modification activities relating to new and existing weath22 er forecast offices, $11,000,000 for fiscal year 1997. Such

23 activities include planning, design, and land acquisition re24 lated to such offices.
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1 (g) STREAMLINING WEATHER SERVICE MODERNIZA2 TION.—

3 (1) REPEALS.—Sections 706 and 707 of the

4 Weather Service Modernization Act (15 U.S.C. 313

5 note) are repealed.

6 (2) CONFORMING AMENDMENTS.—The Weather

7 Service Modernization Act (15 U.S.C. 313 note) is

8 amended—

9 (A) in section 702, by striking paragraph

10 (3) and redesignating paragraphs (4) through

11 (10) as paragraphs (3) through (9), respec12 tively; and

13 (B) in section 703—

14 (i) by striking ‘‘(a) NATIONAL IMPLE15 MENTATION PLAN.—’’;

16 (ii) by striking paragraph (3) and re17 designating paragraphs (4), (5), and (6) as

18 paragraphs (3), (4), and (5), respectively;

19 and

20 (iii) by striking subsections (b) and

21 (c).

22 SEC. 412. ATMOSPHERIC RESEARCH.

23 (a) CLIMATE AND AIR QUALITY RESEARCH.—There

24 are authorized to be appropriated to the Secretary to en25 able the National Oceanic and Atmospheric Administra-
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1 tion to carry out its climate and air quality research du2 ties, $99,272,000 for fiscal year 1997. Such duties include

3 internannual and seasonal climate research and long-term

4 climate and air quality research.

5 (b) ATMOSPHERIC PROGRAMS.—There are author6 ized to be appropriated to the Secretary to enable the Na7 tional Oceanic and Atmospheric Administration to carry

8 out its atmospheric research duties, $43,182,000 for fiscal

9 year 1997. Such duties include research for developing im10 proved prediction capabilities for atmospheric processes,

11 as well as solar-terrestrial research and services.

12 SEC. 413. NATIONAL ENVIRONMENTAL SATELLITE, DATA,

13 AND INFORMATION SERVICE.

14 (a) SATELLITE OBSERVING SYSTEMS.—There are

15 authorized to be appropriated to the Secretary to enable

16 the National Oceanic and Atmospheric Administration to

17 carry out its satellite observing systems duties,

18 $308,473,000 for fiscal year 1997, to remain available

19 until expended. Such duties include spacecraft procure20 ment, launch, and associated ground station systems in21 volving polar orbiting and geostationary environmental

22 satellites, as well as the operation of such satellites. None

23 of the funds authorized under this subsection shall be used

24 for the purposes for which funds are authorized under sec25 tion 105(d) of the National Oceanic and Atmospheric Ad-
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1 ministration Authorization Act of 1992 (Public Law 102–

2 567).

3 (b) POES PROGRAM AUTHORIZATION.—Of the sums

4 authorized in subsection (a), there are authorized to be

5 appropriated to the Secretary $147,664,000 for fiscal year

6 1997, to remain available until expended, for the procure7 ment and launch of, and supporting ground systems for,

8 Polar Orbiting Environmental Satellites, K, L, M, N, and N1 9 .

10 (c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL

11 SATELLITES.—Of the sums authorized in subsection (a),

12 there are authorized to be appropriated to the Adminis13 trator $70,757,000 for fiscal year 1997, to remain avail14 able until expended to procure up to three additional Geo15 stationary Operational Environmental NEXT Satellites

16 (GOES I–M clones), instruments, and supporting ground

17 systems.

18 (d) NATIONAL POLAR-ORBITING OPERATIONAL EN19 VIRONMENTAL SATELLITE SYSTEM PROGRAM AUTHOR20 IZATION.—Of the sums authorized in subsection (a), there

21 are authorized to be appropriated to the Secretary, for fis22 cal year 1997, $39,500,000, to remain available until ex23 pended, for the procurement of the National Polar-Orbit24 ing Operational Environmental Satellite System, and the
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1 procurement of the launching and supporting ground sys2 tems of such satellites.

3 (e) ENVIRONMENTAL DATA AND INFORMATION

4 SERVICES.—There are authorized to be appropriated to

5 the Secretary to enable the National Oceanic and Atmos6 pheric Administration to carry out its environmental data

7 and information services duties, $44,898,000 for fiscal

8 year 1997. Such duties include climate data services, geo9 physical data services, and environmental assessment and

10 information services.

11 Subtitle B—Marine Research

12 SEC. 421. NATIONAL OCEAN SERVICE.

13 (a) MAPPING AND CHARTING.—There are authorized

14 to be appropriated to the Secretary, to enable the National

15 Oceanic and Atmospheric Administration to carry out

16 mapping and charting activities under the Act of 1947 and

17 any other law involving those activities, $36,500,000 for

18 fiscal year 1997.

19 (b) GEODESY.—There are authorized to be appro20 priated to the Secretary, to enable the National Oceanic

21 and Atmospheric Administration to carry out geodesy ac22 tivities under the Act of 1947 and any other law involving

23 those activities, $20,163,000 for fiscal year 1997.

24 (c) OBSERVATION AND PREDICTION.—
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1 (1) IN GENERAL.—There are authorized to be

2 appropriated to the Secretary, to enable the Na3 tional Oceanic and Atmospheric Administration to

4 carry out observation and prediction activities under

5 the Act of 1947 and any other law involving those

6 activities, $11,000,000 for fiscal year 1997.

7 (2) OCEAN AND EARTH SCIENCES.—In addition

8 to amounts authorized under paragraph (1), there

9 are authorized to be appropriated to the Secretary,

10 to enable the National Oceanic and Atmospheric Ad11 ministration to carry out ocean and earth science ac12 tivities, $3,000,000 for fiscal year 1997.

13 (d) ESTUARINE AND COASTAL ASSESSMENT.—

14 (1) IN GENERAL.—There are authorized to be

15 appropriated to the Secretary, to enable the Na16 tional Oceanic and Atmospheric Administration to

17 support estuarine and coastal assessment activities

18 under the Act of 1947 and any other law involving

19 those activities, $2,674,000 for fiscal year 1997.

20 (2) OCEAN ASSESSMENT.—In addition to

21 amounts authorized under paragraph (1), there are

22 authorized to be appropriated to the Secretary, to

23 enable the National Oceanic and Atmospheric Ad24 ministration to carry out the National Status and

25 Trends Program, the Strategic Environmental As-
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1 sessment Program, and the Hazardous Materials

2 Response Program, $21,925,000 for fiscal year

3 1997.

4 (3) DAMAGE ASSESSMENT PROGRAM.—In addi5 tion to amounts authorized under paragraph (1),

6 there are authorized to be appropriated to the Sec7 retary, to enable the National Oceanic and Atmos8 pheric Administration to carry out the Damage As9 sessment Program, $1,200,000 for fiscal year 1997.

10 SEC. 422. OCEAN AND GREAT LAKES RESEARCH.

11 (a) MARINE PREDICTION RESEARCH.—There are au12 thorized to be appropriated to the Secretary, to enable the

13 National Oceanic and Atmospheric Administration to

14 carry out marine prediction research activities under the

15 Act of 1947, the Act of 1890, and any other law involving

16 those activities, $14,808,000 for fiscal year 1997.

17 (b) NATIONAL SEA GRANT COLLEGE PROGRAM.—(1)

18 Section 212(a) of the National Sea Grant College Pro19 gram Act (33 U.S.C. 1131(a)) is amended to read as fol20 lows:

21 ‘‘(a) GRANTS AND CONTRACTS; FELLOWSHIPS.—

22 There are authorized to be appropriated to carry out sec23 tions 205 and 208, $34,500,000 for fiscal year 1997.’’.

24 (2) Section 212(b)(1) of the National Sea Grant Col25 lege Program Act (33 U.S.C. 1131(b)(1)) is amended by
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1 striking ‘‘an amount’’ and all that follows through ‘‘not

2 to exceed $2,900,000’’ and inserting in lieu thereof

3 ‘‘$1,500,000 for fiscal year 1997’’.

4 (3) Section 203(4) of the National Sea Grant College

5 Program Act (33 U.S.C. 1122(4)) is amended by striking

6 ‘‘discipline or field’’ and all that follows through ‘‘public

7 administration)’’ and inserting in lieu thereof ‘‘field or dis8 cipline involving scientific research’’.

9 (c) COASTAL OCEAN PROGRAM.—There are author10 ized to be appropriated to the Secretary, to enable the Na11 tional Oceanic and Atmospheric Administration to carry

12 out the Coastal Ocean Program, $17,300,000 for fiscal

13 year 1997.

14 Subtitle C—Program Support

15 SEC. 431. PROGRAM SUPPORT.

16 (a) EXECUTIVE DIRECTION AND ADMINISTRATIVE

17 ACTIVITIES.—There are authorized to be appropriated to

18 the Secretary, to enable the National Oceanic and Atmos19 pheric Administration to carry out executive direction and

20 administrative activities under the Act of 1970 and any

21 other law involving those activities, $20,000,000 for fiscal

22 year 1997.

23 (b) CENTRAL ADMINISTRATIVE SUPPORT.—There

24 are authorized to be appropriated to the Secretary, to en25 able the National Oceanic and Atmospheric Administra-
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1 tion to carry out central administrative support activities

2 under the Act of 1970 and any other law involving those

3 activities, $33,000,000 for fiscal year 1997.

4 (c) RETIRED PAY.—There are authorized to be ap5 propriated to the Secretary, for retired pay for retired

6 commissioned officers of the National Oceanic and Atmos7 pheric Administration under the Act of 1970, $7,706,000

8 for fiscal year 1997.

9 (d) MARINE SERVICES.—

10 (1) SERVICE CONTRACTS.—Notwithstanding

11 any other provision of law and subject to the avail12 ability of appropriations, the Secretary shall enter

13 into contracts, including multiyear contracts, subject

14 to paragraph (3), for the use of vessels to conduct

15 oceanographic research and fisheries research, mon16 itoring, enforcement, and management, and to ac17 quire other data necessary to carry out the missions

18 of the National Oceanic and Atmospheric Adminis19 tration. The Secretary shall enter into these con20 tracts unless—

21 (A) the cost of the contract is more than

22 the cost (including the cost of vessel operation,

23 maintenance, and all personnel) to the National

24 Oceanic and Atmospheric Administration of ob-
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1 taining those services on vessels of the National

2 Oceanic and Atmospheric Administration;

3 (B) the contract is for more than 7 years;

4 or

5 (C) the data is acquired through a vessel

6 agreement pursuant to paragraph (4).

7 (2) VESSELS.—The Secretary may not enter

8 into any contract for the construction, lease-pur9 chase, upgrade, or service life extension of any ves10 sel.

11 (3) MULTIYEAR CONTRACTS.—

12 (A) IN GENERAL.—Subject to subpara13 graphs (B) and (C), and notwithstanding sec14 tion 1341 of title 31, United States Code, and

15 section 11 of title 41, United States Code, the

16 Secretary may acquire data under multiyear

17 contracts.

18 (B) REQUIRED FINDINGS.—The Secretary

19 may not enter into a contract pursuant to this

20 paragraph unless the Secretary finds with re21 spect to that contract that there is a reasonable

22 expectation that throughout the contemplated

23 contract period the Secretary will request from

24 Congress funding for the contract at the level

25 required to avoid contract termination.
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1 (C) REQUIRED PROVISIONS.—The Sec2 retary may not enter into a contract pursuant

3 to this paragraph unless the contract includes—

4 (i) a provision under which the obliga5 tion of the United States to make pay6 ments under the contract for any fiscal

7 year is subject to the availability of appro8 priations provided in advance for those

9 payments;

10 (ii) a provision that specifies the term

11 of effectiveness of the contract; and

12 (iii) appropriate provisions under

13 which, in case of any termination of the

14 contract before the end of the term speci15 fied pursuant to clause (ii), the United

16 States shall only be liable for the lesser

17 of—

18 (I) an amount specified in the

19 contract for such a termination; or

20 (II) amounts that were appro21 priated before the date of the termi22 nation for the performance of the con23 tract or for procurement of the type

24 of acquisition covered by the contract
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1 and are unobligated on the date of the

2 termination.

3 (4) VESSEL AGREEMENTS.—The Secretary shall

4 use excess capacity of University National Oceano5 graphic Laboratory System vessels where appro6 priate and may enter into memoranda of agreement

7 with the operators of these vessels to carry out this

8 requirement.

9 (5) AUTHORIZATION OF APPROPRIATIONS.—

10 There are authorized to be appropriated to the Sec11 retary, to enable the National Oceanic and Atmos12 pheric Administration to carry out marine services

13 activities, $56,292,000 for fiscal year 1997.

14 (e) AIRCRAFT SERVICES.—There are authorized to be

15 appropriated to the Secretary, to enable the National Oce16 anic and Atmospheric Administration to carry out aircraft

17 services activities (including aircraft operations, mainte18 nance, and support) under the Act of 1970 and any other

19 law involving those activities, $9,153,000 for fiscal year

20 1997.

21 (f) FACILITIES REPAIRS AND RENOVATIONS.—There

22 are authorized to be appropriated to the Secretary, to en23 able the National Oceanic and Atmospheric Administra24 tion to carry out facilities repairs and renovations,

25 $7,546,000 for fiscal year 1997.
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1 Subtitle D—Streamlining of

2 Operations

3 SEC. 441. PROGRAMS.

4 (a) PROGRAMS.—No funds are authorized to be ap5 propriated for the following programs and accounts:

6 (1) The National Undersea Research Program.

7 (2) The Fleet Modernization, Shipbuilding, and

8 Construction Account.

9 (3) The Charleston, South Carolina, Special

10 Management Plan.

11 (4) Chesapeake Bay Observation Buoys.

12 (5) Federal/State Weather Modification Grants.

13 (6) The Southeast Storm Research Account.

14 (7) National Institute for Environmental Re15 newal.

16 (8) The Lake Champlain Study.

17 (9) The Maine Marine Research Center.

18 (10) The South Carolina Cooperative Geodetic

19 Survey Account.

20 (11) Pacific Island Technical Assistance.

21 (12) VENTS program.

22 (13) National Weather Service non-Federal,

23 non-wildfire Fire Weather Service.

24 (14) National Weather Service Regional Cli25 mate Centers.
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1 (15) National Weather Service Samoa Weather

2 Forecast Office Repair and Upgrade Account.

3 (16) Dissemination of Weather Charts (Marine

4 Facsimile Service).

5 (17) The Southeast United States Caribbean

6 Fisheries Oceanographic Coordinated Investigations

7 Program.

8 (18) National Coastal Research and Develop9 ment Institute Account.

10 (19) Global Learning and Observations to Ben11 efit the Environment program.

12 (b) REPORT.—Not later than 60 days after the date

13 of the enactment of this Act, the Secretary shall submit

14 to the Committee on Science of the House of Representa15 tives and the Committee on Commerce, Science, and

16 Transportation of the Senate a report certifying that all

17 the programs listed in subsection (a) will be terminated

18 no later than September 30, 1996.

19 (c) REPEAL OF SEA GRANT PROGRAMS.—

20 (1) REPEALS.—(A) Section 208(b) of the Na21 tional Sea Grant College Program Act (33 U.S.C.

22 1127(b)) is repealed.

23 (B) Section 3 of the Sea Grant Program Im24 provement Act of 1976 (33 U.S.C. 1124a) is re25 pealed.
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1 (2) CONFORMING AMENDMENT.—Section 209

2 of the National Sea Grant College Program Act (33

3 U.S.C. 1128(b)(1)) is amended by striking ‘‘and sec4 tion 3 of the Sea Grant Program Improvement Act

5 of 1976’’.

6 (d) ADDITIONAL REPEAL.—The NOAA Fleet Mod7 ernization Act (33 U.S.C. 851 note) is repealed.

8 SEC. 442. LIMITATIONS ON APPROPRIATIONS.

9 (a) MAXIMUM AMOUNT.—No more than

10 $1,765,359,000 are authorized to be appropriated to the

11 Secretary for fiscal year 1997, by this Act and any other

12 Act, to enable the National Oceanic and Atmospheric Ad13 ministration to carry out all activities associated with Op14 erations, Research, and Facilities.

15 (b) REDUCTION IN TRAVEL BUDGET.—Of the sums

16 appropriated under this Act for Operations, Research, and

17 Facilities, no more than $20,000,000 may be used for re18 imbursement of travel and related expenses for National

19 Oceanic and Atmospheric Administration personnel.

20 SEC. 443. TERMINATION OF THE CORPS OF COMMISSIONED

21 OFFICERS.

22 (a) NUMBER OF OFFICERS.—Notwithstanding sec23 tion 8 of the Act of June 3, 1948 (33 U.S.C. 853g), no

24 commissioned officers are authorized for any fiscal year

25 after fiscal year 1996.
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1 (b) SEVERANCE PAY.—Commissioned officers may be

2 separated from the active list of the National Oceanic and

3 Atmospheric Administration. In lieu of separation pay, of4 ficers so separated shall be eligible only for severance pay

5 in accordance with the terms and conditions of section

6 5595 of title 5, United States Code, and only to the extent

7 provided in advance in appropriations Acts.

8 (c) TRANSFER.—(1) Subject to the approval of the

9 Secretary of Defense and under terms and conditions

10 specified by the Secretary, commissioned officers subject

11 to subsection (a) may transfer to the armed services under

12 section 716 of title 10, United States Code.

13 (2) Subject to the approval of the Secretary of Trans14 portation and under terms and conditions specified by the

15 Secretary, commissioned officers subject to subsection (a)

16 may transfer to the United States Coast Guard under sec17 tion 716 of title 10, United States Code.

18 (3) Subject to the approval of the Administrator of

19 the National Oceanic and Atmospheric Administration

20 and under terms and conditions specified by that Adminis21 trator, a commissioned officer subject to subsection (a)

22 may be employed by the National Oceanic and Atmos23 pheric Administration as a member of the civil service, if

24 the Administrator considers that individual to be the best
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1 available candidate for the position. No new civil service

2 position may be created pursuant to this paragraph.

3 (4) The Administrator shall, before December 1,

4 1996, transmit to the Committee on Science of the House

5 of Representatives and the Committee on Commerce,

6 Science, and Transportation of the Senate a report listing

7 all officers employed by the National Oceanic and Atmos8 pheric Administration under paragraph (3), a description

9 of their responsibilities as members of the NOAA Corps,

10 and a description of their responsibilities as civil service

11 employees of the National Oceanic and Atmospheric Ad12 ministration.

13 (d) REPEALS.—(1) The following provisions of law

14 are repealed:

15 (A) The Coast and Geodetic Survey Commis16 sioned Officers’ Act of 1948 (33 U.S.C. 853a–853o,

17 853p–853u).

18 (B) The Act of February 16, 1929 (Chapter

19 221, section 5; 45 Stat. 1187; 33 U.S.C. 852a).

20 (C) The Act of January 19, 1942 (Chapter 6;

21 56 Stat. 6).

22 (D) Section 9 of Public Law 87–649 (76 Stat.

23 495).

24 (E) The Act of May 22, 1917 (Chapter 20, sec25 tion 16; 40 Stat. 87; 33 U.S.C. 854 et seq.).
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1 (F) The Act of December 3, 1942 (Chapter

2 670; 56 Stat. 1038.

3 (G) Sections 1 through 5 of Public Law 91–621

4 (84 Stat. 1863; 33 U.S.C. 857–1 et seq.).

5 (H) The Act of August 10, 1956 (Chapter

6 1041, section 3; 70A Stat. 619; 33 U.S.C. 857a).

7 (I) The Act of May 18, 1920 (Chapter 190,

8 section 11; 41 Stat. 603; 33 U.S.C. 864).

9 (J) The Act of July 22, 1947 (Chapter 286; 61

10 Stat. 400; 33 U.S.C. 873, 874).

11 (K) The Act of August 3, 1956 (Chapter 932;

12 70 Stat. 988; 33 U.S.C. 875, 876).

13 (L) All other Acts inconsistent with this sub14 section.

15 Following the repeal of provisions under this paragraph,

16 all retirement benefits for the NOAA Corps which are in

17 existence on September 30, 1996, shall continue to apply

18 to eligible NOAA Corps officers and retirees.

19 (2) The effective date of the repeals under paragraph

20 (1) shall be October 1, 1996.

21 (e) ABOLITION.—The Office of the National Oceanic

22 and Atmospheric Administration Corps of Operations and

23 the Commissioned Personnel Center are abolished effective

24 September 30, 1996.
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1 Subtitle E—Miscellaneous

2 SEC. 451. WEATHER DATA BUOYS.

3 (a) PROHIBITION.—It shall be unlawful for any unau4 thorized person to remove, change the location of, ob5 struct, willfully damage, make fast to, or interfere with

6 any weather data buoy established, installed, operated, or

7 maintained by the National Data Buoy Center.

8 (b) CIVIL PENALTIES.—The Administrator is author9 ized to assess a civil penalty against any person who vio10 lates any provision of this section in an amount of not

11 more than $10,000 for each violation. Each day during

12 which such violation continues shall be considered a new

13 offense. Such penalties shall be assessed after notice and

14 opportunity for a hearing.

15 (c) REWARDS.—The Administrator may offer and

16 pay rewards for the apprehension and conviction, or for

17 information helpful therein, of persons found interfering,

18 in violation of law, with data buoys maintained by the Na19 tional Data Buoy Center; or for information leading to

20 the discovery of missing National Weather Service prop21 erty or the recovery thereof.

22 SEC. 452. DUTIES OF THE NATIONAL WEATHER SERVICE.

23 (a) IN GENERAL.—To protect life and property and

24 enhance the national economy, the Secretary, through the
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1 National Weather Service, except as outlined in subsection

2 (b), shall be responsible for—

3 (1) forecasts and shall serve as the sole official

4 source of weather warnings;

5 (2) the issue of storm warnings;

6 (3) the collection, exchange, and distribution of

7 meteorological, hydrological, climatic, and oceano8 graphic data and information; and

9 (4) the preparation of hydrometeorological guid10 ance and core forecast information.

11 (b) COMPETITION WITH PRIVATE SECTOR.—The

12 National Weather Service shall not compete, or assist

13 other entities to compete, with the private sector when a

14 service is currently provided or can be provided by com15 mercial enterprise, unless—

16 (1) the Secretary finds that the private sector

17 is unwilling or unable to provide the services; and

18 (2) the service provides vital weather warnings

19 and forecasts for the protection of lives and property

20 of the general public.

21 (c) AMENDMENTS.—The Act of 1890 is amended—

22 (1) by striking section 3 (15 U.S.C. 313); and

23 (2) in section 9 (15 U.S.C. 317), by striking all

24 after ‘‘Department of Agriculture’’ and inserting in

25 lieu thereof a period.
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1 (d) REPORT.—Not later than 60 days after the date

2 of the enactment of this Act, the Secretary shall submit

3 to the Committee on Science of the House of Representa4 tives and the Committee on Commerce, Science, and

5 Transportation of the Senate a report detailing all Na6 tional Weather Service activities which do not conform to

7 the requirements of this section and outlining a timetable

8 for their termination.

9 SEC. 453. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO10 GRAM.

11 (a) PROGRAM REQUIRED.—(1) Subtitle C of title 10,

12 United States Code, is amended by adding after chapter

13 663 the following new chapter:

14 ‘‘CHAPTER 665—NATIONAL OCEANO15 GRAPHIC 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.

16 ‘‘§ 7901. National Oceanographic Partnership Pro17 gram

18 ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy

19 shall establish a program to be known as the ‘National

20 Oceanographic Partnership Program’.

21 ‘‘(b) PURPOSES.—The purposes of the program are

22 as follows:
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1 ‘‘(1) To promote the national goals of assuring

2 national security, protecting quality of life, and

3 strengthening science and education through im4 proved knowledge of the ocean.

5 ‘‘(2) To coordinate and strengthen oceano6 graphic efforts in support of those goals by—

7 ‘‘(A) identifying and carrying out partner8 ships among Federal agencies, academia, indus9 try, and other members of the oceanographic

10 scientific community in the areas of data, re11 sources, and education; and

12 ‘‘(B) reporting annually to Congress on the

13 program.

14 ‘‘§ 7902. National Ocean Research Leadership Council

15 ‘‘(a) COUNCIL.—There is established a National

16 Ocean Research Leadership Council (hereinafter in this

17 chapter referred to as the ‘‘Council’’).

18 ‘‘(b) MEMBERSHIP.—The Council is composed of the

19 following members:

20 ‘‘(1) The Secretary of the Navy, who shall be

21 the chairman of the Council.

22 ‘‘(2) The Administrator of the National Oceanic

23 and Atmospheric Administration, who shall be the

24 vice chairman of the Council.
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1 ‘‘(3) The Director of the National Science

2 Foundation.

3 ‘‘(4) The Administrator of the National Aero4 nautics and Space Administration.

5 ‘‘(5) The Deputy Secretary of Energy.

6 ‘‘(6) The Administrator of the Environmental

7 Protection Agency.

8 ‘‘(7) The Commandant of the Coast Guard.

9 ‘‘(8) The Director of the Geological Survey of

10 the Department of the Interior.

11 ‘‘(9) The Director of the Defense Advanced Re12 search Projects Agency.

13 ‘‘(10) The Director of the Minerals Manage14 ment Service of the Department of the Interior.

15 ‘‘(11) The President of the National Academy

16 of Sciences, the President of the National Academy

17 of Engineering, and the President of the Institute of

18 Medicine.

19 ‘‘(12) The Director of the Office of Science and

20 Technology.

21 ‘‘(13) The Director of the Office of Manage22 ment and Budget.

23 ‘‘(14) One member appointed by the Chairman

24 from among individuals who will represent the views

25 of ocean industries.
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1 ‘‘(15) One member appointed by the Chairman

2 from among individuals who will represent the views

3 of State governments.

4 ‘‘(16) One member appointed by the Chairman

5 from among individuals who will represent the views

6 of academia.

7 ‘‘(17) One member appointed by the Chairman

8 from among individuals who will represent such

9 other views as the Chairman considers appropriate.

10 ‘‘(c) TERM OF OFFICE.—The term of office of a

11 member of the Council appointed under paragraph (14),

12 (15), (16), or (17) of subsection (b) shall be two years,

13 except that any person appointed to fill a vacancy occur14 ring before the expiration of the term for which his prede15 cessor was appointed shall be appointed for the remainder

16 of such term.

17 ‘‘(d) RESPONSIBILITIES.—The Council shall have the

18 following responsibilities:

19 ‘‘(1) To establish the Ocean Research Partner20 ship Coordinating Group as provided in section

21 7903.

22 ‘‘(2) To establish the Ocean Research Advisory

23 Panel as provided in section 7904.

24 ‘‘(3) To submit to Congress an annual report

25 pursuant to subsection (e).
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1 ‘‘(e) ANNUAL REPORT.—Not later than March 1 of

2 each year, the Council shall submit to Congress a report

3 on the National Oceanographic Partnership Program. The

4 report shall contain the following:

5 ‘‘(1) A description of activities of the program

6 carried out during the fiscal year before the fiscal

7 year in which the report is prepared. The description

8 also shall include a list of the members of the Ocean

9 Research Partnership Coordinating Group, the

10 Ocean Research Advisory Panel, and any working

11 groups in existence during the fiscal year covered.

12 ‘‘(2) A general outline of the activities planned

13 for the program during the fiscal year in which the

14 report is prepared.

15 ‘‘(3) A summary of projects continued from the

16 fiscal year before the fiscal year in which the report

17 is prepared and projects expected to be started dur18 ing the fiscal year in which the report is prepared

19 and during the following fiscal year.

20 ‘‘(4) A description of the involvement of the

21 program with Federal interagency coordinating enti22 ties.

23 ‘‘(5) The amounts requested, in the budget sub24 mitted to Congress pursuant to section 1105(a) of

25 title 31 for the fiscal year following the fiscal year
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1 in which the report is prepared, for the programs,

2 projects, and activities of the program and the esti3 mated expenditures under such programs, projects,

4 and activities during such following fiscal year.

5 ‘‘§ 7903. Ocean Research Partnership Coordinating

6 Group

7 ‘‘(a) ESTABLISHMENT.—The Council shall establish

8 an entity to be known as the ‘Ocean Research Partnership

9 Coordinating Group’ (hereinafter in this chapter referred

10 to as the ‘Coordinating Group’).

11 ‘‘(b) MEMBERSHIP.—The Coordinating Group shall

12 consist of members appointed by the Council, with one

13 member appointed from each Federal department or agen14 cy having an oceanographic research or development pro15 gram.

16 ‘‘(c) CHAIRMAN.—The Council shall appoint the

17 Chairman of the Coordinating Group.

18 ‘‘(d) RESPONSIBILITIES.—Subject to the authority,

19 direction, and control of the Council, the Coordinating

20 Group shall have the following responsibilities:

21 ‘‘(1) To prescribe policies and procedures to im22 plement the National Oceanographic Partnership

23 Program.
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1 ‘‘(2) To review, select, and identify and allocate

2 funds for partnership projects for implementation

3 under the program, based on the following criteria:

4 ‘‘(A) Whether the project addresses critical

5 research objectives or operational goals, such as

6 data accessibility and quality assurance, sharing

7 of resources, or education.

8 ‘‘(B) Whether the project has broad par9 ticipation within the oceanographic community.

10 ‘‘(C) Whether the partners have a long11 term commitment to the objectives of the

12 project.

13 ‘‘(D) Whether the resources supporting the

14 project are shared among the partners.

15 ‘‘(E) Whether the project has been sub16 jected to adequate peer review.

17 ‘‘(3) To promote participation in partnership

18 projects by each Federal department and agency in19 volved with oceanographic research and by prescrib20 ing guidelines for participation in the program.

21 ‘‘(4) To submit to the Council an annual report

22 pursuant to subsection (i).

23 ‘‘(e) PARTNERSHIP PROGRAM OFFICE.—The Coordi24 nating Group shall establish, using competitive proce25 dures, and oversee a partnership program office to carry
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1 out such duties as the Chairman of the Coordinating

2 Group considers appropriate to implement the National

3 Oceanographic Partnership Program, including the follow4 ing:

5 ‘‘(1) To establish and oversee working groups

6 to propose partnership projects to the Coordinating

7 Group and advise the Group on such projects.

8 ‘‘(2) To manage peer review of partnership

9 projects proposed to the Coordinating Group and

10 competitions for projects selected by the Group.

11 ‘‘(3) To submit to the Coordinating Group an

12 annual report on the status of all partnership

13 projects and activities of the office.

14 ‘‘(f) CONTRACT AND GRANT AUTHORITY.—The Co15 ordinating Group may authorize one or more of the de16 partments or agencies represented in the Group to enter

17 into contracts and make grants, using funds appropriated

18 pursuant to an authorization for the National Oceano19 graphic Partnership Program, for the purpose of imple20 menting the program and carrying out the Coordinating

21 Group’s responsibilities.

22 ‘‘(g) FORMS OF PARTNERSHIP PROJECTS.—Partner23 ship projects selected by the Coordinating Group may be

24 in any form that the Coordinating Group considers appro25 priate, including memoranda of understanding, coopera-
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1 tive research and development agreements, and similar in2 struments.

3 ‘‘(h) ANNUAL REPORT.—Not later than February 1

4 of each year, the Coordinating Group shall submit to the

5 Council a report on the National Oceanographic Partner6 ship Program. The report shall contain, at a minimum,

7 copies of any recommendations or reports to the Coordi8 nating Group by the Ocean Research Advisory Panel.

9 ‘‘§ 7904. Ocean Research Advisory Panel

10 ‘‘(a) ESTABLISHMENT.—The Council shall appoint

11 an Ocean Research Advisory Panel (hereinafter in this

12 chapter referred to as the ‘Advisory Panel’) consisting of

13 not less than 10 and not more than 18 members.

14 ‘‘(b) MEMBERSHIP.—Members of the Advisory Panel

15 shall be appointed from among persons who are eminent

16 in the field of marine science, or related fields, and who

17 are representative, at a minimum, of the interests of gov18 ernment, academia, and industry.

19 ‘‘(c) RESPONSIBILITIES.—(1) The Coordinating

20 Group shall refer to the Advisory Panel, and the Advisory

21 Panel shall review, each proposed partnership project esti22 mated to cost more than $500,000. The Advisory Panel

23 shall make any recommendations to the Coordinating

24 Group that the Advisory Panel considers appropriate re25 garding such projects.
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1 ‘‘(2) The Advisory Panel shall make any rec2 ommendations to the Coordinating Group regarding activi3 ties that should be addressed by the National Oceano4 graphic Partnership Program that the Advisory Panel

5 considers appropriate.’’.

6 (2) The table of chapters at the beginning of subtitle

7 C of title 10, United States Code, and at the beginning

8 of part IV of such subtitle, are each amended by inserting

9 after the item relating to chapter 663 the following:

‘‘665. National Oceanographic Partnership Program ......... 7901’’.

10 (b) INITIAL APPOINTMENTS OF COUNCIL MEM11 BERS.—The Secretary of the Navy shall make the ap12 pointments required by section 7902(b) of title 10, United

13 States Code, as added by subsection (a)(1), not later than

14 December 1, 1996.

15 (c) INITIAL APPOINTMENTS OF ADVISORY PANEL

16 MEMBERS.—The National Ocean Research Leadership

17 Council established by section 7902 of title 10, United

18 States Code, as added by subsection (a)(1), shall make

19 the appointments required by section 7904 of such title

20 not later than January 1, 1997.

21 (d) FIRST ANNUAL REPORT OF NATIONAL OCEAN

22 RESEARCH LEADERSHIP COUNCIL.—The first annual re23 port required by section 7902(e) of title 10, United States

24 Code, as added by subsection (a)(1), shall be submitted
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1 to Congress not later than March 1, 1997. The first report

2 shall include, in addition to the information required by

3 such section, information about the terms of office, proce4 dures, and responsibilities of the Ocean Research Advisory

5 Panel established by the Council.

6 (e) AUTHORIZATION OF APPROPRIATIONS.—No

7 funds are authorized to be appropriated by this Act for

8 the National Oceanographic Partnership Program for fis9 cal year 1997.

10 TITLE V—ENVIRONMENTAL

11 PROTECTION AGENCY

12 SEC. 501. SHORT TITLE.

13 This title may be cited as the ‘‘Environmental Re14 search, Development, and Demonstration Authorization

15 Act of 1996’’.

16 SEC. 502. DEFINITIONS.

17 For the purposes of this title, the term—

18 (1) ‘‘Administrator’’ means the Administrator

19 of the Environmental Protection Agency;

20 (2) ‘‘Agency’’ means the Environmental Protec21 tion Agency; and

22 (3) ‘‘Assistant Administrator’’ means the As23 sistant Administrator for Research and Development

24 of the Agency.
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1 SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There are authorized to be appro3 priated to the Administrator $487,126,600 for fiscal year

4 1997 for Science and Technology activities, including pro5 gram management and support, in the areas specified in

6 subsection (b).

7 (b) SPECIFIC PROGRAMS AND ACTIVITIES.—Of the

8 amount authorized in subsection (a), there are authorized

9 to be appropriated the following:

10 (1) For air related research, $74,119,900.

11 (2) For global change research, $1,400,000.

12 (3) For water quality related research,

13 $26,294,000.

14 (4) For drinking water related research,

15 $26,593,700.

16 (5) For toxic substances related research,

17 $12,341,500.

18 (6) For lab and field expenses, $73,031,600.

19 (7) For headquarters expenses of the Office of

20 Research and Development, $9,254,800.

21 (8) For multimedia related research expenses,

22 $174,060,100, of which $5,000,000 shall be for

23 graduate student fellowships.

24 (9) For program management expenses,

25 $6,399,000.
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1 (10) For pesticide related research,

2 $20,632,000.

3 (11) For research related to hazardous waste,

4 $12,000,000.

5 (12) For environmental research laboratories,

6 $51,000,000.

7 (c) ADDITIONAL AUTHORIZATIONS.—There are au8 thorized to be appropriated to the Administrator for fiscal

9 year 1997—

10 (1) for oil pollution related research,

11 $2,076,900; and

12 (2) for research related to leaking underground

13 storage tanks, $769,000.

14 (d) LIMITATIONS.—No funds are authorized to be ap15 propriated by this title for—

16 (1) the Environmental Technology Initiative;

17 (2) the Climate Change Action Plan;

18 (3) Indoor Air Research;

19 (4) North Dakota Center for Air Toxic Metals

20 Research;

21 (5) drinking water research conducted by the

22 American Water Works Association Research Foun23 dation, other than amounts awarded through a com24 petitive process;
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1 (6) the Water Environmental Research Founda2 tion;

3 (7) the National Urban Air Toxics Research

4 Center;

5 (8) the Gulf Coast Hazardous Substances Re6 search Center;

7 (9) urban waste management research at the

8 University of New Orleans, other than amounts

9 awarded through a competitive process;

10 (10) the Resources and Agricultural Policy Sys11 tems Program at Iowa State University; or

12 (11) the Oil Spill Remediation Research Center.

13 SEC. 504. SCIENTIFIC RESEARCH REVIEW.

14 (a) IN GENERAL.—The Administrator shall assign to

15 the Assistant Administrator the duties of—

16 (1) developing a strategic plan for scientific and

17 technical research activities throughout the Agency;

18 (2) integrating that strategic plan into ongoing

19 Agency planning activities; and

20 (3) reviewing all Agency research to ensure the

21 research—

22 (A) is of high quality; and

23 (B) does not duplicate any other research

24 being conducted by the Agency.
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1 (b) REPORT.—The Assistant Administrator shall

2 transmit annually to the Administrator and to the Com3 mittee on Science of the House of Representatives and the

4 Committee on Environment and Public Works of the Sen5 ate a report detailing—

6 (1) all Agency research the Assistant Adminis7 trator finds is not of sufficiently high quality; and

8 (2) all Agency research the Assistant Adminis9 trator finds duplicates other Agency research.

10 SEC. 505. GRADUATE STUDENT FELLOWSHIPS.

11 In carrying out the graduate student fellowship pro12 gram for which funds are authorized to be appropriated

13 by this title, the Administrator shall ensure that any fel14 lowship award to a student selected after the date of the

15 enactment of this Act is used only to support scientific

16 research that would further missions of the Office of Re17 search and Development in fields in which there exists or

18 is projected to exist a shortage in the number of scientists.

19 SEC. 506. SCIENCE ADVISORY BOARD.

20 (a) ANNUAL REPORT.—The Science Advisory Board

21 shall submit to Congress and to the Administrator an an22 nual report that contains the views of the Science Advisory

23 Board on proposed research programs as described in the

24 President’s budget for research, development, and dem25 onstration activities at the Environmental Protection
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1 Agency. Such report shall be submitted to Congress as

2 soon as practicable after the submission of the President’s

3 budget to Congress. The Administrator shall cooperate

4 with the Director of the Science Advisory Board, particu5 larly with respect to the timely provision of budget infor6 mation to the Science Advisory Board, to allow the Science

7 Advisory Board to carry out its duties under this sub8 section.

9 (b) EVALUATION.—The Science Advisory Board shall

10 conduct periodic evaluations of selected areas of the cur11 rent and planned research, development, and demonstra12 tion activities of the Environmental Protection Agency.

13 The areas of evaluation shall be selected by the Science

14 Advisory Board in consultation with the Administrator,

15 the Office of Research and Development, other Agency

16 programs, and appropriate committees of the Congress.

17 Reports containing the Science Advisory Board’s evalua18 tions and recommendations shall be filed with such com19 mittees and the Administrator. The Administrator shall

20 provide to such committees a written response to the

21 Science Advisory Board’s evaluation and recommendations

22 within 60 days after the Science Advisory Board’s report

23 has been submitted.

24 (c) REVIEW OF CERTAIN RESEARCH ACTIVITIES.—

25 The Science Advisory Board shall annually review the re-
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1 search activities of the Environmental Protection Agency

2 and shall include the results of such review in the annual

3 report required by subsection (a).

4 (d) SUBMISSION TO CONGRESS.—The Administrator

5 shall submit to the Congress any report required by law

6 to be submitted to the Administrator by the Science Advi7 sory Board. The Administrator shall make any such sub8 mission not later than 60 days after the Administrator

9 receives the report from the Science Advisory Board.

10 TITLE VI—NATIONAL INSTITUTE

11 OF STANDARDS AND TECH12 NOLOGY

13 SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated the follow15 ing:

16 (1) For Scientific and Technical Research and

17 Services of the National Institute of Standards and

18 Technology, $280,600,000 for fiscal year 1997, of

19 which—

20 (A) $38,407,000 shall be for Electronics

21 and Electrical Engineering;

22 (B) $18,747,000 shall be for Manufactur23 ing Engineering;

24 (C) $33,939,000 shall be for Chemical

25 Science and Technology;
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1 (D) $28,048,000 shall be for Physics;

2 (E) $54,589,000 shall be for Material

3 Science and Engineering;

4 (F) $13,085,000 shall be for Building and

5 Fire Research;

6 (G) $43,076,000 shall be for Computer

7 Science and Applied Mathematics;

8 (H) $18,950,000 shall be for Technical As9 sistance;

10 (I) $28,772,000 shall be for Research Sup11 port; and

12 (J) $2,987,000 shall be for the Malcolm

13 Baldrige National Quality Program under sec14 tion 17 of the Stevenson-Wydler Technology In15 novation Act of 1980 (15 U.S.C. 3711a); and

16 (2) for Construction of Research Facilities of

17 the National Institute of Standards and Technology,

18 $105,240,000 for fiscal year 1997.
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1 TITLE VII—FEDERAL AVIATION

2 ADMINISTRATION RESEARCH,

3 ENGINEERING, AND DEVEL4 OPMENT

5 SEC. 701. SHORT TITLE.

6 This title may be cited as the ‘‘FAA Research, Engi7 neering, and Development Management Reform Act of

8 1996’’.

9 SEC. 702. FINDINGS.

10 The Congress finds that—

11 (1) considerable effort and expenditure has

12 been devoted since 1981 to the modernization of the

13 National Airspace System, with limited results;

14 (2) long-standing management, organizational,

15 and cultural impediments at the Federal Aviation

16 Administration have led to cost overruns, schedule

17 delays, program terminations, and other wasteful in18 efficiencies;

19 (3) a lack of coordination between the tech20 nology developers and operational sections of the

21 Federal Aviation Administration has led to research,

22 engineering, and development programs that are un23 balanced because they either are too technology driv24 en or have operational requirements that are unreal25 istic or unwarranted;
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1 (4) the research, engineering, and development

2 functions of the Federal Aviation Administration

3 have been carried out without the benefit of critical

4 management education and competencies;

5 (5) the failure to employ contemporary manage6 ment techniques and industry best practices has led

7 to inadequate contractor oversight and poor risk

8 management; and

9 (6) significant improvements in modernizing the

10 National Airspace System will require fundamental

11 changes in the Federal Aviation Administration’s ac12 quisition management system and in the orientation

13 of the officials who implement the system.

14 SEC. 703. DEFINITIONS.

15 For purposes of this title—

16 (1) the term ‘‘affordable’’ means having life17 cycle costs that are in consonance with the long18 range funding and operational design plans for the

19 National Airspace System;

20 (2) the term ‘‘evolutionary acquisition’’ means

21 an acquisition strategy in which a core capability is

22 fielded with a modular structure that allows for

23 changes as requirements are refined;

24 (3) the term ‘‘life-cycle costs’’ means the total

25 costs to the Federal Government of a system over its
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1 useful life, including the costs of research, develop2 ment, acquisition, support, and disposal;

3 (4) the term ‘‘nondevelopmental’’ means not re4 quiring significant further development to be made

5 usefully operational; and

6 (5) the term ‘‘pre-planned product improve7 ment’’ means an acquisition strategy that defers

8 technically difficult or unknown system requirements

9 to mitigate risks or to field a system that incor10 porates design considerations that facilitate future

11 changes.

12 SEC. 704. MANAGEMENT PRINCIPLES.

13 The Federal Aviation Administration shall develop,

14 implement, and maintain a disciplined acquisition man15 agement system that facilitates the transforming of broad16 ly stated requirements into affordable, operationally effec17 tive and suitable products and services to meet the needs

18 of users of the National Airspace System. Such acquisition

19 management system shall be based on and incorporate the

20 following principles:

21 (1) The employment and integration of—

22 (A) a process to establish and validate re23 quirements;

24 (B) full life-cycle acquisition management;

25 and
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1 (C) planning, programming, and budget2 ing.

3 (2) Full involvement of both acquisition and

4 operational Federal Aviation Administration person5 nel in the processes described in paragraph (1)(A),

6 (B), and (C).

7 (3) Early and continuous involvement of Na8 tional Airspace System operators and users, advisory

9 committees, and industry vendors and experts in es10 tablishing and stabilizing sound, realistic operational

11 requirements.

12 (4) Assignment of acquisition officials based on

13 demonstrated leadership, professionalism, and prov14 en acquisition management competencies, consistent

15 with their positional responsibility and authority.

16 (5) Full life-cycle, event-driven acquisition

17 strategies which explicitly link major interim pro18 gram decisions and contractual commitments to

19 demonstrated accomplishments in research, engi20 neering, and development.

21 (6) The balancing of system design require22 ments and constraints based on cost-benefit sensitiv23 ity analysis.

24 (7) Consideration of maximum practicable use

25 of nonmaterial, nondevelopmental, or commercial so-
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1 lutions before embarking on protracted research, en2 gineering, and development activities by the Federal

3 Aviation Administration.

4 (8) Consideration of evolutionary acquisition

5 and pre-planned product improvement strategies to

6 mitigate risks and expeditiously field products and

7 services.

8 (9) Use of contemporary management tech9 niques and industry best practices to—

10 (A) compare the current status of a pro11 gram to where it should be;

12 (B) reassess the goals of a program and

13 the plans for achieving those goals;

14 (C) assess program risks and strategies for

15 mitigating those risks; and

16 (D) assess whether the program is afford17 able.

18 SEC. 705. DOCUMENT OF APRIL 1, 1996.

19 The Congress recognizes that the acquisition man20 agement system set forth in the document dated April 1,

21 1996, issued by the Federal Aviation Administration, is

22 substantially compatible with the principles stated in sec23 tion 704 of this title. The Federal Aviation Administration

24 may implement that proposed system as a suitable compli25 ance with the requirements of this title, and may modify
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1 elements of that system to the extent that those modifica2 tions conform with the principles stated in section 704 of

3 this title.

4 SEC. 706. AUTHORIZATION OF APPROPRIATIONS.

5 Section 48102(a) of title 49, United States Code, is

6 amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (1)(J);

9 (2) by striking the period at the end of para10 graph (2)(J) and inserting in lieu thereof ‘‘; and’’;

11 and

12 (3) by adding at the end the following new

13 paragraph:

14 ‘‘(3) for fiscal year 1997—

15 ‘‘(A) $10,000,000 for system development

16 and infrastructure projects and activities;

17 ‘‘(B) $39,911,000 for capacity and air

18 traffic management technology projects and ac19 tivities;

20 ‘‘(C) $20,371,000 for communications,

21 navigation, and surveillance projects and activi22 ties;

23 ‘‘(D) $6,411,000 for weather projects and

24 activities;
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1 ‘‘(E) $6,000,000 for airport technology

2 projects and activities;

3 ‘‘(F) $37,978,000 for aircraft safety tech4 nology projects and activities;

5 ‘‘(G) $36,045,000 for system security tech6 nology projects and activities;

7 ‘‘(H) $23,682,000 for human factors and

8 aviation medicine projects and activities;

9 ‘‘(I) $3,800,000 for environment and en10 ergy projects and activities;

11 ‘‘(J) $1,500,000 for innovative/cooperative

12 research projects and activities; and

13 ‘‘(K) such sums as may be necessary for

14 other research, engineering, and development

15 activities described in the President’s fiscal year

16 1997 budget request to the Congress under the

17 category ‘Engineering, development, test, and

18 evaluation’ of Facilities and Equipment.’’.

19 SEC. 707. RESEARCH PRIORITIES.

20 Section 48102(b) of title 49, United States Code, is

21 amended—

22 (1) by redesignating paragraph (2) as para23 graph (3); and

24 (2) by striking ‘‘AVAILABILITY FOR RE25 SEARCH.—(1)’’ and inserting in lieu thereof ‘‘RE-
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1 SEARCH PRIORITIES.—(1) The Administrator shall

2 consider the advice and recommendations of the re3 search advisory committee established by section

4 44508 of this title in establishing priorities among

5 major categories of research and development activi6 ties carried out by the Federal Aviation Administra7 tion.

8 ‘‘(2)’’.

9 SEC. 708. BUDGET DESIGNATION FOR FEDERAL AVIATION

10 ADMINISTRATION RESEARCH AND DEVELOP11 MENT ACTIVITIES.

12 Section 48102(c) of title 49, United States Code, is

13 amended to read as follows:

14 ‘‘(c) DESIGNATION OF ACTIVITIES.—(1) The

15 amounts appropriated under subsection (a) are for the

16 support of all research and development activities carried

17 out by the Federal Aviation Administration that fall with18 in the categories of basic research, applied research, and

19 development, including the design and development of pro20 totypes, in accordance with the classifications of the Office

21 of Management and Budget Circular A–11 (Budget For22 mulation/Submission Process).

23 ‘‘(2) The President’s annual budget request for the

24 Federal Aviation Administration shall include all research

25 and development activities within a single budget category.
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1 All of the activities carried out by the Administration with2 in the categories of basic research, applied research, and

3 development, as classified by the Office of Management

4 and Budget Circular A–11, shall be placed in this single

5 budget category.’’.

6 SEC. 709. RESEARCH ADVISORY COMMITTEE.

7 Section 44508(a)(1) of title 49, United States Code,

8 is amended—

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (B);

11 (2) by striking the period at the end of sub12 paragraph (C) and inserting in lieu thereof ‘‘; and’’;

13 and

14 (3) by inserting after subparagraph (C) the fol15 lowing new subparagraph:

16 ‘‘(D) annually review the allocation made by the

17 Administrator of the amounts authorized by section

18 48102(a) of this title among the major categories of

19 research and development activities carried out by

20 the Administration and provide advice and rec21 ommendations to the Administrator on whether such

22 allocation is appropriate to meet the needs and ob23 jectives identified under subparagraph (A).’’.
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1 SEC. 710. NATIONAL AVIATION RESEARCH PLAN.

2 Section 44501(c) of title 49, United States Code, is

3 amended—

4 (1) in paragraph (2)(A) by striking ‘‘15-year’’

5 and inserting in lieu thereof ‘‘5-year’’;

6 (2) by amending subparagraph (B) to read as

7 follows:

8 ‘‘(B) The plan shall—

9 ‘‘(i) provide estimates by year of the schedule,

10 cost, and work force levels for each active and

11 planned major research and development project

12 under sections 40119, 44504, 44505, 44507, 44509,

13 44511–44513, and 44912 of this title, including ac14 tivities carried out under cooperative agreements

15 with other Federal departments and agencies;

16 ‘‘(ii) specify the goals and the priorities for allo17 cation of resources among the major categories of

18 research and development activities, including the

19 rationale for the priorities identified;

20 ‘‘(iii) identify the allocation of resources among

21 long-term research, near-term research, and develop22 ment activities; and

23 ‘‘(iv) highlight the research and development

24 activities that address specific recommendations of

25 the research advisory committee established under

26 section 44508 of this title, and document the rec-
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1 ommendations of the committee that are not accept2 ed, specifying the reasons for nonacceptance.’’; and

3 (3) in paragraph (3) by inserting ‘‘, including

4 a description of the dissemination to the private sec5 tor of research results and a description of any new

6 technologies developed’’ after ‘‘during the prior fiscal

7 year’’.

8 TITLE VIII—NATIONAL EARTH9 QUAKE HAZARDS REDUCTION

10 PROGRAM

11 SEC. 801. AUTHORIZATION OF APPROPRIATIONS.

12 Section 12 of the Earthquake Hazards Reduction Act

13 of 1977 (42 U.S.C. 7706) is amended—

14 (1) in subsection (a)(7) by striking ‘‘and

15 $25,750,000 for the fiscal year ending September

16 30, 1996’’ and inserting in lieu thereof

17 ‘‘$25,750,000 for the fiscal year ending September

18 30, 1996, and $18,825,000 for the fiscal year end19 ing September 30, 1997’’;

20 (2) in subsection (b) by striking ‘‘and

21 $50,676,000 for the fiscal year ending September

22 30, 1996’’ and inserting in lieu thereof

23 ‘‘$50,676,000 for the fiscal year ending September

24 30, 1996, and $46,130,000 for the fiscal year end25 ing September 30, 1997’’;
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1 (3) in subsection (c) by adding at the end the

2 following new sentence: ‘‘There are authorized to be

3 appropriated, out of funds otherwise authorized to

4 be appropriated to the National Science Foundation,

5 $28,400,000 for fiscal year 1997, including

6 $17,500,000 for engineering research and

7 $10,900,000 for geosciences research.’’; and

8 (4) in subsection (d) by adding at the end the

9 following new sentence: ‘‘There are authorized to be

10 appropriated, out of funds otherwise authorized to

11 be appropriated to the National Institute of Stand12 ards and Technology, $1,932,000 for fiscal year

13 1997.’’.

14 TITLE IX—MISCELLANEOUS

15 SEC. 901. PROHIBITION OF LOBBYING ACTIVITIES.

16 None of the funds authorized by this Act shall be

17 available for any activity whose purpose is to influence leg18 islation pending before the Congress, except that this shall

19 not prevent officers or employees of the United States or

20 of its departments or agencies from communicating to

21 Members of Congress on the request of any Member or

22 to Congress, through the proper channels, requests for leg23 islation or appropriations which they deem necessary for

24 the efficient conduct of the public business.
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1 SEC. 902. LIMITATION ON APPROPRIATIONS.

2 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

3 1997.—Notwithstanding any other provision of law, no

4 sums are authorized to be appropriated for fiscal year

5 1997 for the activities for which sums are authorized by

6 this Act unless such sums are specifically authorized to

7 be appropriated by this Act.

8 (b) SUBSEQUENT FISCAL YEARS.—No sums are au9 thorized to be appropriated for any fiscal year after fiscal

10 year 1997 for the activities for which sums are authorized

11 by this Act unless such sums are specifically authorized

12 to be appropriated by Act of Congress with respect to such

13 fiscal year.

14 SEC. 903. ELIGIBILITY FOR AWARDS.

15 (a) IN GENERAL.—The head of each Federal agency

16 for which funds are authorized under this Act shall ex17 clude from consideration for awards of financial assistance

18 made by that agency after fiscal year 1996 any person

19 who received funds, other than those described in sub20 section (b), appropriated for a fiscal year after fiscal year

21 1996, from any Federal funding source for a project that

22 was not subjected to a competitive, merit-based award

23 process. Any exclusion from consideration pursuant to this

24 section shall be effective for a period of 5 years after the

25 person receives such Federal funds.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 awards to persons who are members of a class specified

3 by law for which assistance is awarded to members of the

4 class according to a formula provided by law.

Æ