Union Calendar No. 272

104TH CONGRESS

2D SESSION H. R. 3322

[Report No. 104–550, Part I]

A BILL

To authorize appropriations for fiscal year 1997 for

ment, and for other purposes.civilian science activities of the Federal GovernMAY 6, 1996

The Committees on Resources, Transportation and

Infrastructure and National Security discharged

MAY 6, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 272

104TH CONGRESS

2D SESSION H. R. 3322

[Report No. 104–550, Part I]

To authorize appropriations for fiscal year 1997 for civilian science activities

of the Federal Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 25, 1996

Mr. WALKER (for himself, Mr. SENSENBRENNER, Mrs. MORELLA, Mr.

ROHRABACHER, and Mr. SCHIFF) introduced the following bill; which was

referred to the Committee on Science, and in addition to the Committee

on Resources, Transportation and Infrastructure, and National Security,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

MAY 1, 1996

Reported from the Committee on Science

MAY 6, 1996

The Committees on Resources, Transportation and Infrastructure and

National Security discharged

MAY 6, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To authorize appropriations for fiscal year 1997 for civilian
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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.

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.
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Sec. 212. Science, aeronautics, and technology.

Sec. 213. Mission support.

Sec. 214. Inspector General.

Sec. 215. Total authorization.

Sec. 216. Office of Commercial Space Transportation Authorization.

Sec. 217. Office of Space Commerce.

CHAPTER 2—RESTRUCTURING THE NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION

Sec. 221. Findings.

Sec. 222. Restructuring reports.

CHAPTER 3—LIMITATIONS AND SPECIAL AUTHORITY

Sec. 231. Use of funds for construction.

Sec. 232. Availability of appropriated amounts.

Sec. 233. Reprogramming for construction of facilities.

Sec. 234. Consideration by committees.

Sec. 235. Limitation on obligation of unauthorized appropriations.

Sec. 236. Use of funds for scientific consultations or extraordinary expenses.

Subtitle C—International Space Station

Sec. 241. Findings.

Sec. 242. Commercialization of Space Station.

Sec. 243. Sense of Congress.

Sec. 244. Space Station accounting report.

Subtitle D—Miscellaneous Provisions

Sec. 251. Commercial space launch amendments.

Sec. 252. Requirement for independent cost analysis.

Sec. 253. Office of Space Commerce.

Sec. 254. National Aeronautics and Space Act of 1958 amendments.

Sec. 255. Procurement.

Sec. 256. Additional National Aeronautics and Space Administration facilities.

Sec. 257. Purchase of space science data.

Sec. 258. Plan for Mission to Planet Earth.

Sec. 259. Acquisition of earth remote sensing data.

Sec. 260. Shuttle privatization.

Sec. 261. Launch voucher demonstration program amendments.

Sec. 262. Privatization of microgravity parabolic flight operations.

Sec. 263. Unitary Wind Tunnel Plan Act of 1949 amendments.

Sec. 264. Use of abandoned and underutilized buildings, grounds, and facilities.

Sec. 265. Cost effectiveness calculations.

Sec. 266. Procurement ombudsman.

Sec. 267. Authority to reduce or suspend contract payments based on substantial evidence of fraud.

TITLE III—UNITED STATES FIRE ADMINISTRATION

Sec. 301. Short title.

Sec. 302. Authorization of appropriations.

Sec. 303. Fire safety systems in Army housing.

Sec. 304. Successor fire safety standards.

Sec. 305. Termination or privatization of functions.
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Sec. 306. Report on budgetary reduction.

TITLE IV—NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION

Sec. 401. Short title.

Sec. 402. Definitions.

Subtitle A—Atmospheric, Weather, and Satellite Programs

Sec. 411. National Weather Service.

Sec. 412. Atmospheric research.

Sec. 413. National Environmental Satellite, Data, and Information Service.

Subtitle B—Marine Research

Sec. 421. National Ocean Service.

Sec. 422. Ocean and Great Lakes research.

Subtitle C—Program Support

Sec. 431. Program support.

Subtitle D—Streamlining of Operations

Sec. 441. Programs.

Sec. 442. Limitations on appropriations.

Sec. 443. Termination of the Corps of Commissioned Officers.

Subtitle E—Miscellaneous

Sec. 451. Weather data buoys.

Sec. 452. Duties of the National Weather Service.

Sec. 453. National Oceanographic Partnership Program.

TITLE V—ENVIRONMENTAL PROTECTION AGENCY

Sec. 501. Short title.

Sec. 502. Definitions.

Sec. 503. Authorization of appropriations.

Sec. 504. Scientific research review.

Sec. 505. Graduate student fellowships.

Sec. 506. Science Advisory Board.

TITLE VI—NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY

Sec. 601. Authorization of appropriations.

TITLE VII—FEDERAL AVIATION ADMINISTRATION RESEARCH,

ENGINEERING, AND DEVELOPMENT

Sec. 701. Short title.

Sec. 702. Findings.

Sec. 703. Definitions.

Sec. 704. Management principles.

Sec. 705. Document of April 1, 1996.

Sec. 706. Authorization of appropriations.

Sec. 707. Research priorities.
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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.

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 affili-
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1 ated with research institutions located in the United

2 States; and

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

4 States, the District of Columbia, the Commonwealth

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

6 Samoa, the Commonwealth of the Northern Mariana

7 Islands, and any other territory or possession of the

8 United States.

9 Subtitle A—National Science

10 Foundation Authorization

11 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

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

13 (1) the programs of the Foundation are impor14 tant for the Nation to strengthen basic research and

15 develop human resources in science and engineering,

16 and that those programs should be funded at an

17 adequate level;

18 (2) the primary mission of the Foundation con19 tinues to be the support of basic scientific research

20 and science education and the support of research

21 fundamental to the engineering process and engi22 neering education; and

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

24 economic competitiveness of the United States

25 should be in accord with that primary mission.
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1 (b) FISCAL YEAR 1997.—There are authorized to be

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

3 year 1997, which shall be available for the following cat4 egories:

5 (1) Research and Related Activities,

6 $2,340,300,000.

7 (2) Education and Human Resources Activities,

8 $600,000,000.

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

10 (4) Academic Research Facilities Moderniza11 tion, $100,000,000.

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

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

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

15 (c) LIMITATION.—Consistent with the amendment

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

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

18 to not more than 6 scientific directorates. No funds appro19 priated under subsection (b)(1) may be obligated or ex20 pended by, for, or through a scientific directorate if funds

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

22 or expended for 6 other scientific directorates.
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1 SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND

2 RELATED ACTIVITIES AMOUNTS.

3 If the amount appropriated pursuant to section

4 111(b)(1) is less than the amount authorized under that

5 paragraph, the amount available for each scientific direc6 torate under that paragraph shall be reduced by the same

7 proportion.

8 SEC. 113. CONSULTATION AND REPRESENTATION EX9 PENSES.

10 From appropriations made under authorizations pro11 vided in this title, not more than $10,000 may be used

12 in each fiscal year for official consultation, representation,

13 or other extraordinary expenses at the discretion of the

14 Director. The determination of the Director shall be final

15 and conclusive upon the accounting officers of the Govern16 ment.

17 SEC. 114. REPROGRAMMING.

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

19 Director may transfer appropriated funds among the sub20 categories of Research and Related Activities, so long as

21 the net funds transferred to or from any subcategory do

22 not exceed $500,000.

23 (b) GREATER THAN $500,000.—In addition, the Di24 rector may propose transfers to or from any subcategory

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

26 transfer under this subsection must be transmitted in
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1 writing to the Committee on Science of the House of Rep2 resentatives, and the Committees on Labor and Human

3 Resources and Commerce, Science, and Transportation of

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

5 30 calendar days have passed after transmission of such

6 written explanation.

7 Subtitle B—General Provisions

8 SEC. 121. ANNUAL REPORT.

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

10 of 1950 (42 U.S.C. 1862(f)) is amended to read as fol11 lows:

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

13 to the President which shall be submitted by the Director

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

15 budget submission. The report shall—

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

17 a previous strategic plan, which—

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

19 overall goals for the Foundation and specific

20 goals for each major activity of the Foundation,

21 including each scientific directorate, the edu22 cation directorate, and the polar programs of23 fice; and
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1 ‘‘(B) describe how the identified goals re2 late to national needs and will exploit new op3 portunities in science and technology;

4 ‘‘(2) identify the criteria and describe the proce5 dures which the Foundation will use to assess

6 progress toward achieving the goals identified in ac7 cordance with paragraph (1);

8 ‘‘(3) review the activities of the Foundation

9 during the preceding year which have contributed to10 ward achievement of goals identified in accordance

11 with paragraph (1) and summarize planned activities

12 for the coming three years in the context of the

13 identified goals, with particular emphasis on the

14 Foundation’s planned contributions to major multi15 agency research and education initiatives;

16 ‘‘(4) contain such recommendations as the

17 Foundation considers appropriate; and

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

19 disposition by the Foundation of any patents and

20 patent rights.’’.

21 SEC. 122. NATIONAL RESEARCH FACILITIES.

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

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

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

25 1950, a plan for the proposed construction of, and repair
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1 and upgrades to, national research facilities. The plan

2 shall include estimates of the cost for such construction,

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

4 operation and maintenance of existing and proposed new

5 facilities. For proposed new construction and for major

6 upgrades to existing facilities, the plan shall include fund7 ing profiles by fiscal year and milestones for major phases

8 of the construction. The plan shall include cost estimates

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

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

11 for not fewer than the succeeding 4 years.

12 (b) LIMITATION ON OBLIGATION OF UNAUTHORIZED

13 APPROPRIATIONS.—No funds appropriated for any project

14 which involves construction of new national research facili15 ties or construction necessary for upgrading the capabili16 ties of existing national research facilities shall be obli17 gated unless the funds are specifically authorized for such

18 purpose by this title or any other Act which is not an ap19 propriations Act, or unless the total estimated cost to the

20 Foundation of the construction project is less than

21 $50,000,000. This subsection shall not apply to construc22 tion projects approved by the National Science Board

23 prior to June 30, 1995.
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1 SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

2 Section 203(b) of the Academic Research Facilities

3 Modernization Act of 1988 is amended by striking the

4 final sentence of paragraph (3) and inserting in lieu there5 of the following: ‘‘The Director shall give priority to insti6 tutions or consortia that have not received such funds in

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

8 apply to previous funding received for the same multiyear

9 project.’’.

10 SEC. 124. ADMINISTRATIVE AMENDMENTS.

11 (a) NATIONAL SCIENCE FOUNDATION ACT OF 1950

12 AMENDMENTS.—The National Science Foundation Act of

13 1950 (42 U.S.C. 1861 et seq.) is amended—

14 (1) by redesignating the subsection (k) of sec15 tion 4 (42 U.S.C. 1863(k)) that was added by sec16 tion 108 of the National Science Foundation Au17 thorization Act of 1988 as subsection (l);

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

19 amending paragraph (2) to read as follows:

20 ‘‘(2) Any delegation of authority or imposition of con21 ditions under paragraph (1) shall be promptly published

22 in the Federal Register and reported to the Committees

23 on Labor and Human Resources and Commerce, Science,

24 and Transportation of the Senate and the Committee on

25 Science of the House of Representatives.’’;
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1 (3) by inserting ‘‘be entitled to’’ between

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

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

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

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

6 1873(j)); and

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

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

9 lieu thereof ‘‘Secretary of Energy’’.

10 (b) NATIONAL SCIENCE FOUNDATION AUTHORIZA11 TION ACT, 1976 AMENDMENTS.—Section 6(a) of the Na12 tional Science Foundation Authorization Act, 1976 (42

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

14 first place it appears.

15 (c) NATIONAL SCIENCE FOUNDATION AUTHORIZA16 TION ACT OF 1988 AMENDMENTS.—(1) Section

17 117(a)(1)(B)(v) of the National Science Foundation Au18 thorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is

19 amended to read as follows:

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

21 States and the District of Columbia by any agency

22 of the Federal Government for dependents of its em23 ployees.’’.

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

25 1881b(3)(A)) is amended by striking ‘‘Science and Engi-
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1 neering Education’’ and inserting in lieu thereof ‘‘Edu2 cation and Human Resources’’.

3 (d) EDUCATION FOR ECONOMIC SECURITY ACT

4 AMENDMENTS.—Section 107 of Education for Economic

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

6 (e) TECHNICAL AMENDMENT.—The second sub7 section (g) of section 3 of the National Science Foundation

8 Act of 1950 is repealed.

9 SEC. 125. INDIRECT COSTS.

10 (a) MATCHING FUNDS.—Matching funds required

11 pursuant to section 204(a)(2)(C) of the Academic Re12 search Facilities Modernization Act of 1988 (42 U.S.C.

13 1862c(a)(2)(C)) shall not be considered facilities costs for

14 purposes of determining indirect cost rates.

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

16 and Technology Policy, in consultation with other relevant

17 agencies, shall prepare a report analyzing what steps

18 would be needed to—

19 (1) reduce by 10 percent the proportion of Fed20 eral assistance to institutions of higher education

21 that are allocated for indirect costs; and

22 (2) reduce the variance among indirect cost

23 rates of different institutions of higher education, in24 cluding an evaluation of the relative benefits and

25 burdens of each option on institutions of higher edu-
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1 cation. Such report shall be transmitted to the Con2 gress no later than December 31, 1996.

3 SEC. 126. FINANCIAL DISCLOSURE.

4 Persons temporarily employed by or at the Founda5 tion shall be subject to the same financial disclosure re6 quirements and related sanctions under the Ethics in Gov7 ernment Act of 1978 as are permanent employees of the

8 Foundation in equivalent positions.

9 SEC. 127. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE

10 DUTY.

11 In order to be eligible to receive funds from the Foun12 dation after September 30, 1996, an institution of higher

13 education must provide that whenever any student of the

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

15 other reserve component of the Armed Forces of the Unit16 ed States, is called or ordered to active duty, other than

17 active duty for training, the institution shall grant the

18 member a military leave of absence from their education.

19 Persons on military leave of absence from their institution

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

21 restored to the educational status they had attained prior

22 to their being ordered to military duty without loss of aca23 demic credits earned, scholarships or grants awarded, or

24 tuition and other fees paid prior to the commencement of

25 the military duty. It shall be the duty of the institution
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1 to refund tuition or fees paid or to credit the tuition and

2 fees to the next semester or term after the termination

3 of the educational military leave of absence at the option

4 of the student.

5 SEC. 128. SCIENCE STUDIES INSTITUTE.

6 (a) AMENDMENT.—Section 822 of the National De7 fense Authorization Act for Fiscal 1991 (42 U.S.C. 6686)

8 is amended—

9 (1) by striking ‘‘Critical Technologies Institute’’

10 in the section heading and in subsection (a), and in11 serting in lieu thereof ‘‘Science Studies Institute’’;

12 (2) in subsection (b) by striking ‘‘As deter13 mined by the chairman of the committee referred to

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

15 ‘‘The’’;

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

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

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

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

20 paragraph (3) of this subsection—

21 (A) by inserting ‘‘science and’’ after ‘‘de22 velopments and trends in’’ in paragraph (1);

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

24 in paragraph (1) and all that follows through

25 the end of such paragraph and inserting in lieu
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1 thereof ‘‘and developing and maintaining rel2 evant informational and analytical tools.’’;

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

4 follows through ‘‘technology policies’’ in para5 graph (2) and inserting in lieu thereof ‘‘with

6 particular attention to the scope and content of

7 the Federal science and technology research

8 and develop portfolio as it affects interagency

9 and national issues’’;

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

11 follows:

12 ‘‘(3) Initiation of studies and analysis of alter13 natives available for ensuring the long-term strength

14 of the United States in the development and applica15 tion of science and technology, including appropriate

16 roles for the Federal Government, State govern17 ments, private industry, and institutions of higher

18 education in the development and application of

19 science and technology.’’;

20 (E) by inserting ‘‘science and’’ after ‘‘Ex21 ecutive branch on’’ in paragraph (4)(A); and

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

23 as follows:
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1 ‘‘(B) to the interagency committees and

2 panels of the Federal Government concerned

3 with science and technology.’’;

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

5 paragraph (3) of this subsection, by striking ‘‘sub6 section (d)’’ and inserting in lieu thereof ‘‘subsection

7 (c)’’; and

8 (6) by amending subsection (f), as so redesig9 nated by paragraph (3) of this subsection, to read

10 as follows:

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

12 Science and Technology Policy shall be the sponsor of the

13 Institute.’’.

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

15 law or regulations to the Critical Technologies Institute

16 shall be considered to be references to the Science Studies

17 Institute.

18 SEC. 129. EDUCATIONAL IMPACT.

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

20 (1) Federal research funds made available to

21 institutions of higher education often create incen22 tives for such institutions to emphasize research over

23 undergraduate teaching and to narrow the focus of

24 their graduate programs; and
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1 (2) National Science Foundation funds for Re2 search and Related Activities should be spent in the

3 manner most likely to improve the quality of under4 graduate and graduate education in institutions of

5 higher education.

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

7 grant or cooperative agreement by the National Science

8 Foundation would have on undergraduate and graduate

9 education at an institution of higher education shall be

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

11 agreement to that institution.

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

13 any grant or cooperative agreement awarded after Sep14 tember 30, 1997.

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

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

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

18 Science of the House of Representatives and the Commit19 tee on Commerce, Science, and Transportation and the

20 Committee on Labor and Human Resources of the Senate.

21 SEC. 130. DIVISIONS OF THE FOUNDATION.

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

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

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

25 the Board, not more than 6 Assistant Directors to assist
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1 in managing the Divisions.’’ after ‘‘time to time deter2 mine.’’.

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

4 shall transmit to the Congress a report on the reorganiza5 tion of the National Science Foundation required as a re6 sult of the amendment made by subsection (a).

7 SEC. 131. NATIONAL SCIENCE AND ENGINEERING FOUNDA8 TION.

9 The National Science Foundation and the National

10 Science Board are hereby renamed as the National Science

11 and Engineering Foundation and the National Science

12 and Engineering Board, respectively, and all references

13 thereto in Federal law or regulation shall be deemed to

14 refer to the National Science and Engineering Foundation

15 or the National Science and Engineering Board, as appro16 priate.

17 TITLE II—NATIONAL AERO18 NAUTICS AND SPACE ADMIN19 ISTRATION

20 Subtitle A—General Provisions

21 SEC. 201. SHORT TITLE.

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

23 and Space Administration Authorization Act, Fiscal Year

24 1997’’.
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1 SEC. 202. FINDINGS.

2 The Congress makes the following findings:

3 (1) The National Aeronautics and Space Ad4 ministration should aggressively pursue actions and

5 reforms directed at reducing institutional costs, in6 cluding management restructuring, facility consoli7 dation, procurement reform, personnel base

8 downsizing, and convergence with other defense and

9 commercial sector systems.

10 (2) While institutional reforms, restructurings,

11 and downsizing hold the slim promise of reconciling

12 the disparity between projected needs of the Na13 tional Aeronautics and Space Administration with

14 funding levels requested by the Administration over

15 the next 4 years, such reforms provide no guarantee

16 against cancellation of missions or elimination of

17 centers in the event reform efforts fail to achieve

18 cost reduction targets.

19 (3) The National Aeronautics and Space Ad20 ministration must reverse its current trend toward

21 becoming an operational agency, and return to its

22 proud history as the Nation’s leader in basic sci23 entific air and space research.

24 (4) Commercial space activity is in a delicate

25 state of growth. It has the potential to eclipse Fed-
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1 eral space activity in its economic return to the Na2 tion, if it is not stifled.

3 (5) The United States is on the verge of creat4 ing and using new technologies in microsatellites, in5 formation processing, and space launches that could

6 radically alter the manner in which the Government

7 approaches its space mission.

8 (6) The overwhelming preponderance of the

9 Federal Government’s requirements for routine, non10 emergency manned and unmanned space transpor11 tation can be met most effectively, efficiently, and

12 economically by a free and competitive market in

13 privately developed and operated launch services.

14 (7) In formulating a national space transpor15 tation service policy, the National Aeronautics and

16 Space Administration should aggressively promote

17 the pursuit by the commercial sector of development

18 of advanced space transportation technologies in19 cluding reusable space vehicles, single-stage-to-orbit

20 vehicles, and human space systems.

21 (8) The Federal Government should invest in

22 the types of research and innovative technology in

23 which the United States private sector does not in24 vest, while avoiding competition with the activities in

25 which the United States private sector does invest.
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1 (9) International cooperation in space explo2 ration and science activities serves the United States

3 national interest—

4 (A) when it—

5 (i) reduces the cost of undertaking

6 missions the United States Government

7 would pursue unilaterally;

8 (ii) enables the United States to pur9 sue missions that it could not otherwise af10 ford to pursue unilaterally; or

11 (iii) enhances United States capabili12 ties to use and develop space for the bene13 fit of United States citizens; and

14 (B) when it does not—

15 (i) otherwise harm or interfere with

16 the ability of United States private sector

17 firms to develop or explore space commer18 cially;

19 (ii) interfere with the ability of Fed20 eral agencies to use space to complete their

21 missions;

22 (iii) undermine the ability of United

23 States private enterprise to compete favor24 ably with foreign entities in the commercial

25 space arena; or
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1 (iv) transfer sensitive or commercially

2 advantageous technologies or knowledge

3 from the United States to other countries

4 or foreign entities except as required by

5 those countries or entities to make their

6 contribution to a multilateral space project

7 in partnership with the United States, or

8 on a quid pro quo basis.

9 (10) The National Aeronautics and Space Ad10 ministration and the Department of Defense can co11 operate more effectively in leveraging their mutual

12 capabilities to conduct joint space missions that im13 prove United States space capabilities and reduce

14 the cost of conducting space missions.

15 (11) The Reusable Launch Vehicle program,

16 and the acquisition by the Federal Government of

17 the vehicle resulting from that program, are nec18 essary for the protection of essential security inter19 ests for purposes of interpreting the obligations of

20 the United States under the General Agreement on

21 Tariffs and Trade.

22 SEC. 203. DEFINITIONS.

23 For purposes of this title—
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1 (1) the term ‘‘Administrator’’ means the Ad2 ministrator of the National Aeronautics and Space

3 Administration;

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

5 change to the program baseline documented as a po6 tential cost by the Space Station Program Office;

7 and

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

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

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

11 1141(a)).

12 Subtitle B—Authorization of

13 Appropriations

14 CHAPTER 1—AUTHORIZATIONS

15 SEC. 211. HUMAN SPACE FLIGHT.

16 There are authorized to be appropriated to the Na17 tional Aeronautics and Space Administration for fiscal

18 year 1997 for Human Space Flight the following amounts:

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

20 (2) For Space Shuttle Operations,

21 $2,514,900,000.

22 (3) For Space Shuttle Safety and Performance

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

24 of Facilities relating to such programs—
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1 (A) replacement of LC–39 Pad B Chillers

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

3 (B) restoration of Pad B Fixed Support

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

5 (C) rehabilitation of 480V Electrical Dis6 tribution System, Kennedy Space Center, Ex7 ternal Tank Manufacturing Building (MAF),

8 $2,500,000; and

9 (D) restoration of High Pressure Indus10 trial Water Plant, Stennis Space Center,

11 $2,500,000.

12 (4) For Payload and Utilization Operations,

13 $271,800,000.

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

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

16 There are authorized to be appropriated to the Na17 tional Aeronautics and Space Administration for fiscal

18 year 1997 for Science, Aeronautics, and Technology the

19 following amounts:

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

21 (2) For Life and Microgravity Sciences and Ap22 plications, $498,500,000, of which at least

23 $2,000,000 is reserved for research and early detec24 tion systems for breast and ovarian cancer and other

25 women’s health issues.
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1 (3) For Mission to Planet Earth,

2 $1,028,400,000, of which $50,000,000 shall be for

3 commercial data purchases under section 259(a).

4 Funds authorized by this paragraph may not be ob5 ligated to duplicate private sector or other Federal

6 activities or to procure systems to provide data un7 less the Administrator certifies to Congress that no

8 private sector entity, or Federal entity other than

9 the National Aeronautics and Space Administration,

10 can provide suitable data in a timely manner.

11 (4) For Space Access and Technology,

12 $711,000,000 of which—

13 (A) $324,700,000 are authorized for Ad14 vanced Space Transportation; and

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

16 the Launch Voucher Demonstration Program

17 authorized under section 504 of the National

18 Aeronautics and Space Administration Author19 ization Act, Fiscal Year 1993 (15 U.S.C.

20 5803).

21 (5) For Aeronautical Research and Technology,

22 $823,400,000, of which—

23 (A) $354,400,000 are authorized for Re24 search and Technology Base activities;
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1 (B) $254,300,000 are authorized for High

2 Speed Research;

3 (C) $152,800,000 are authorized for Ad4 vanced Subsonic Technology;

5 (D) $23,300,000 are authorized for High6 Performance Computing and Communications;

7 and

8 (E) $38,600,000 are authorized for Nu9 merical Aerodynamic Simulation.

10 (6) For Mission Communication Services,

11 $410,600,000.

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

13 SEC. 213. MISSION SUPPORT.

14 There are authorized to be appropriated to the Na15 tional Aeronautics and Space Administration for fiscal

16 year 1997 for Mission Support the following amounts:

17 (1) For Safety, Reliability, and Quality Assur18 ance, $36,700,000.

19 (2) For Space Communication Services,

20 $281,250,000.

21 (3) For Construction of Facilities, including

22 land acquisition, $105,000,000, including the follow23 ing:
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1 (A) Modernization of Electrical Distribu2 tion System, Ames Research Center,

3 $2,400,000.

4 (B) Modification of Aircraft Ramp and

5 Tow Way, Dryden Flight Research Center,

6 $3,000,000.

7 (C) Restoration of Hangar Building 4801,

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

9 (D) Modernization of Secondary Electrical

10 Systems, Goddard Space Flight Center,

11 $1,500,000.

12 (E) Restoration of Chilled Water Distribu13 tion System, Goddard Space Flight Center,

14 $4,000,000.

15 (F) Modification of Refrigeration Systems,

16 Various Buildings, Jet Propulsion Laboratory,

17 $2,800,000.

18 (G) Rehabilitation of Utility Tunnel Struc19 ture and Systems, Johnson Space Center,

20 $4,400,000.

21 (H) Replacement of DX Units with

22 Central Chilled Water System, Logistics Facil23 ity, Kennedy Space Center, $1,800,000.
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1 (I) Rehabilitation of Central Air Equip2 ment Building, Lewis Research Center,

3 $6,500,000.

4 (J) Modification of Chilled Water System,

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

6 (K) Rehabilitation of Condenser Water

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

8 (L) Rehabilitation of Electrical Distribu9 tion System, White Sands Test Facility,

10 $2,600,000.

11 (M) Minor Revitalization of Facilities at

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

13 per project, $19,600,000.

14 (N) Minor construction of new facilities

15 and additions to existing facilities at various lo16 cations, not in excess of $1,500,000 per project,

17 $3,400,000.

18 (O) Facility planning and design, not oth19 erwise provided for, $6,700,000.

20 (P) Environmental compliance and restora21 tion, $33,000,000.

22 (4) For Research and Program Management,

23 including personnel and related costs, travel, and re24 search operations support, $1,957,850,000.
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1 SEC. 214. INSPECTOR GENERAL.

2 There are authorized to be appropriated to the Na3 tional Aeronautics and Space Administration for Inspector

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

5 SEC. 215. TOTAL AUTHORIZATION.

6 Notwithstanding any other provision of this subtitle,

7 the total amount authorized to be appropriated to the Na8 tional Aeronautics and Space Administration under this

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

10 1997.

11 SEC. 216. OFFICE OF COMMERCIAL SPACE TRANSPOR12 TATION AUTHORIZATION.

13 There are authorized to be appropriated to the Sec14 retary of Transportation for the activities of the Office

15 of Commercial Space Transportation, $5,770,000 for fis16 cal year 1997.

17 SEC. 217. OFFICE OF SPACE COMMERCE.

18 There are authorized to be appropriated to the Sec19 retary of Commerce for the activities of the Office of

20 Space Commerce established by section 253 of this Act,

21 $500,000 for fiscal year 1997.

22 CHAPTER 2—RESTRUCTURING THE NA23 TIONAL AERONAUTICS AND SPACE AD24 MINISTRATION

25 SEC. 221. FINDINGS.

26 The Congress finds that—
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1 (1) the restructuring of the National Aero2 nautics and Space Administration is essential to ac3 complishing the space missions of the United States

4 while simultaneously balancing the Federal budget;

5 (2) to restructure the National Aeronautics and

6 Space Administration rapidly without reducing mis7 sion content and safety requires objective financial

8 judgment; and

9 (3) a formal economic review of its missions

10 and the Federal assets that support them is required

11 in order to plan and implement needed restructuring

12 of the National Aeronautics and Space Administra13 tion.

14 SEC. 222. RESTRUCTURING REPORTS.

15 (a) IMPLEMENTATION REPORT.—The Administrator

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

17 a report on its restructuring activities by fiscal year con18 taining, at a minimum, a description of all actions taken

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

20 October 1, 2002, including contracts terminated or con21 solidated; reductions in force; relocations of personnel and

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

23 or facilities; and net savings to be realized from such ac24 tions by fiscal year.
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1 (b) PROPOSED LEGISLATION.—The President shall

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

3 all enabling legislation required to carry out actions de4 scribed by the Administrator’s report under subsection

5 (a).

6 CHAPTER 3—LIMITATIONS AND SPECIAL

7 AUTHORITY

8 SEC. 231. USE OF FUNDS FOR CONSTRUCTION.

9 (a) AUTHORIZED USES.—Funds appropriated under

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

11 funds appropriated for research operations support under

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

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

14 modification of existing facilities at any location in support

15 of the purposes for which such funds are authorized.

16 (b) LIMITATION.—None of the funds pursuant to

17 subsection (a) may be expended for a project, the esti18 mated cost of which to the National Aeronautics and

19 Space Administration, including collateral equipment, ex20 ceeds $500,000, until 30 days have passed after the Ad21 ministrator has notified the Committee on Science of the

22 House of Representatives and the Committee on Com23 merce, Science, and Transportation of the Senate of the

24 nature, location, and estimated cost to the National Aero25 nautics and Space Administration of such project.
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1 (c) TITLE TO FACILITIES.—If funds are used pursu2 ant to subsection (a) for grants to institutions of higher

3 education, or to nonprofit organizations whose primary

4 purpose is the conduct of scientific research, for purchase

5 or construction of additional research facilities, title to

6 such facilities shall be vested in the United States unless

7 the Administrator determines that the national program

8 of aeronautical and space activities will best be served by

9 vesting title in the grantee institution or organization.

10 Each such grant shall be made under such conditions as

11 the Administrator shall determine to be required to ensure

12 that the United States will receive therefrom benefits ade13 quate to justify the making of that grant.

14 SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.

15 To the extent provided in appropriations Acts, appro16 priations authorized under chapter 1 may remain available

17 without fiscal year limitation.

18 SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FA19 CILITIES.

20 (a) IN GENERAL.—Appropriations authorized under

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

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

23 discretion of the Administrator; or

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

25 meet unusual cost variations, after the expiration of
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1 15 days following a report on the circumstances of

2 such action by the Administrator to the Committee

3 on Science of the House of Representatives and the

4 Committee on Commerce, Science, and Transpor5 tation of the Senate.

6 The aggregate amount authorized to be appropriated

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

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

9 (2) of this subsection.

10 (b) SPECIAL RULE.—Where the Administrator deter11 mines that new developments in the national program of

12 aeronautical and space activities have occurred; and that

13 such developments require the use of additional funds for

14 the purposes of construction, expansion, or modification

15 of facilities at any location; and that deferral of such ac16 tion until the enactment of the next National Aeronautics

17 and Space Administration Authorization Act would be in18 consistent with the interest of the Nation in aeronautical

19 and space activities, the Administrator may use up to

20 $10,000,000 of the amounts authorized under section

21 211(6) or 213(3) for each fiscal year for such purposes.

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

23 has passed after the Administrator has transmitted to the

24 Committee on Commerce, Science, and Transportation of

25 the Senate and the Committee on Science of the House
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1 of Representatives a written report describing the nature

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

3 SEC. 234. CONSIDERATION BY COMMITTEES.

4 Notwithstanding any other provision of law—

5 (1) no amount appropriated to the National

6 Aeronautics and Space Administration may be used

7 for any program for which the President’s annual

8 budget request included a request for funding, but

9 for which the Congress denied or did not provide

10 funding;

11 (2) no amount appropriated to the National

12 Aeronautics and Space Administration may be used

13 for any program in excess of the amount actually

14 authorized for the particular program under this

15 subtitle; and

16 (3) no amount appropriated to the National

17 Aeronautics and Space Administration may be used

18 for any program which has not been presented to

19 the Congress in the President’s annual budget re20 quest or the supporting and ancillary documents

21 thereto,

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

23 by the Committee on Science of the House of Representa24 tives and the Committee on Commerce, Science, and

25 Transportation of the Senate of notice given by the Ad-
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1 ministrator containing a full and complete statement of

2 the action proposed to be taken and the facts and cir3 cumstances relied upon in support of such proposed ac4 tion. The National Aeronautics and Space Administration

5 shall keep the Committee on Science of the House of Rep6 resentatives and the Committee on Commerce, Science,

7 and Transportation of the Senate fully and currently in8 formed with respect to all activities and responsibilities

9 within the jurisdiction of those committees. Except as oth10 erwise provided by law, any Federal department, agency,

11 or independent establishment shall furnish any informa12 tion requested by either committee relating to any such

13 activity or responsibility.

14 SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED

15 APPROPRIATIONS.

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

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

18 appropriations to the National Aeronautics and Space Ad19 ministration for fiscal year 1997 and the date of enact20 ment of this Act, the Administrator shall submit a report

21 to Congress and to the Comptroller General which speci22 fies—

23 (1) the portion of such appropriations which are

24 for programs, projects, or activities not authorized

25 under chapter 1 of this subtitle, or which are in ex-
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1 cess of amounts authorized for the relevant program,

2 project, or activity under this title; and

3 (2) the portion of such appropriations which are

4 authorized under this title.

5 (b) FEDERAL REGISTER NOTICE.—The Adminis6 trator shall, coincident with the submission of the report

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

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

9 funds are appropriated but which were not authorized

10 under this title, and solicit public comment thereon re11 garding the impact of such programs, projects, or activi12 ties on the conduct and effectiveness of the national aero13 nautics and space program.

14 (c) LIMITATION.—Notwithstanding any other provi15 sion of law, no funds may be obligated for any programs,

16 projects, or activities of the National Aeronautics and

17 Space Administration for fiscal year 1997 not authorized

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

19 of the public comment period contained in the notice re20 quired in subsection (b).

21 SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

22 OR EXTRAORDINARY EXPENSES.

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

24 under section 212 may be used for scientific consultations
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1 or extraordinary expenses, upon the authority of the Ad2 ministrator.

3 Subtitle C—International Space

4 Station

5 SEC. 241. FINDINGS.

6 The Congress finds that—

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

8 the International Space Station is in the national in9 terest of the United States;

10 (2) the National Aeronautics and Space Admin11 istration has restructured and redesigned the Inter12 national Space Station, consolidated contract re13 sponsibility, and achieved program management,

14 control, and stability;

15 (3) the significant involvement by private ven16 tures in marketing and using, competitively servic17 ing, and commercially augmenting the operational

18 capabilities of the International Space Station dur19 ing its assembly and operational phases will lower

20 costs and increase benefits to the international part21 ners;

22 (4) further rescoping or redesigns of the Inter23 national Space Station will lead to costly delays, in24 crease costs to its international partners, discourage

25 commercial involvement, and weaken the inter-
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1 national space partnership necessary for future

2 space projects;

3 (5) total program costs for development, assem4 bly, and initial operations have been identified and

5 capped to ensure financial discipline and maintain

6 program schedule milestones;

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

8 and engineering functions of the National Space

9 Transportation System (Space Shuttle) program

10 should be coordinated with the Space Station Pro11 gram Office;

12 (7) the International Space Station represents

13 an important component of an adequately funded

14 civil space program which balances human space

15 flight with science, aeronautics, and technology;

16 (8) the International Space Station should be

17 an inspiration to society, particularly our young peo18 ple, and should provide new and expanded opportu19 nities to meet important educational goals; and

20 (9) when completed, the International Space

21 Station will be the largest, most capable micro22 gravity research facility ever developed. It will pro23 vide a lasting framework for conducting large-scale

24 science programs with international partners and it

25 is the next step in the human exploration of space.
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1 The United States should commit to completing this

2 program, thereby reaping the benefits of scientific

3 research and international cooperation.

4 SEC. 242. COMMERCIALIZATION OF SPACE STATION.

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

6 goal of constructing the International Space Station is the

7 economic development of Earth orbital space. The Con8 gress further declares that the use of free market prin9 ciples in operating, allocating the use of, and adding capa10 bilities to the Space Station, and the resulting fullest pos11 sible engagement of commercial providers and participa12 tion of commercial users, will reduce Space Station oper13 ational costs for all partners and the Federal Govern14 ment’s share of the United States burden to fund oper15 ations.

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

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

18 of this Act, a market study that examines the role of com19 mercial ventures which could supply, use, service, or aug20 ment the International Space Station, the specific policies

21 and initiatives the Administrator is advancing to encour22 age these commercial opportunities, the cost savings to be

23 realized by the international partnership from applying

24 commercial approaches to cost-shared operations, and the
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1 cost reimbursements to the United States Federal Govern2 ment from commercial users of the Space Station.

3 SEC. 243. SENSE OF CONGRESS.

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

5 fee’’ single prime contract negotiated by the National Aer6 onautics and Space Administration for the International

7 Space Station, and the consolidation of programmatic and

8 financial accountability into a single Space Station Pro9 gram Office, are two examples of reforms for the reinven10 tion of all National Aeronautics and Space Administration

11 programs that should be applied as widely and as quickly

12 as possible throughout the Nation’s civil space program.

13 SEC. 244. SPACE STATION ACCOUNTING REPORT.

14 (a) ANNUAL REPORT TO THE CONGRESS.—The Ad15 ministrator shall transmit a report to the Congress each

16 year containing a complete accounting of all costs of the

17 space station, including cash and other payments to Rus18 sia.

19 (b) QUARTERLY REPORTS FROM RUSSIA.—The Ad20 ministrator shall obtain quarterly reports from the Rus21 sian Space Agency during the term of the contract be22 tween the Russian Space Agency and the National Aero23 nautics and Space Administration which fully account for

24 the disposition of funds paid or transferred by the Na-
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1 tional Aeronautics and Space Administration to Russia,

2 including—

3 (1) the amount of funds received from the Na4 tional Aeronautics and Space Administration and

5 the date of their receipt;

6 (2) the amount of funds converted from United

7 States currency by the Russian Space Agency, the

8 currency into which the funds have been converted,

9 and the dates and exchange rates of each such con10 version;

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

12 and of United States currency, disbursed by the

13 Russian Space Agency to any contractor or sub14 contractor, the identity of such contractor or sub15 contractor, and the date on which the funds were

16 disbursed; and

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

18 National Aeronautics and Space Administration

19 which have not been disbursed by the Russian Space

20 Agency as of the date of the report.

21 Subtitle D—Miscellaneous

22 Provisions

23 SEC. 251. COMMERCIAL SPACE LAUNCH AMENDMENTS.

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

25 States Code, is amended—
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1 (1) in the table of sections—

2 (A) by amending the item relating to sec3 tion 70104 to read as follows:

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

4 (B) by amending the item relating to sec5 tion 70108 to read as follows:

‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites

and reentry sites, and reentries.’’;

6 and

7 (C) by amending the item relating to sec8 tion 70109 to read as follows:

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

9 (2) in section 70101—

10 (A) by inserting ‘‘microgravity research,’’

11 after ‘‘information services,’’ in subsection

12 (a)(3);

13 (B) by inserting ‘‘, reentry,’’ after ‘‘launch14 ing’’ both places it appears in subsection (a)(4);

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

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

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

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

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

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

21 (a)(7);
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1 (F) by inserting ‘‘, reentry sites,’’ after

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

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

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

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

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

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

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

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

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

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

12 (b)(2)(A);

13 (L) by inserting ‘‘and reentry’’ after ‘‘com14 mercial launch’’ in subsection (b)(3);

15 (M) by striking ‘‘launch’’ after ‘‘and trans16 fer commercial’’ in subsection (b)(3); and

17 (N) by inserting ‘‘and development of re18 entry sites,’’ after ‘‘launch-site support facili19 ties,’’ in subsection (b)(4);

20 (3) in section 70102—

21 (A) by striking ‘‘and any payload’’ and in22 serting in lieu thereof ‘‘or reentry vehicle and

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

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

25 ‘‘means of a launch vehicle’’ in paragraph (8);
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1 (C) by redesignating paragraphs (10)

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

3 respectively;

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

5 following new paragraphs:

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

7 attempt to return, purposefully, a reentry vehicle

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

9 outer space to Earth.

10 ‘‘(11) ‘reentry services’ means—

11 ‘‘(A) activities involved in the preparation

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

13 reentry; and

14 ‘‘(B) the conduct of a reentry.

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

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

17 defined in a license the Secretary issues or transfers

18 under this chapter).

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

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

21 or a reusable launch vehicle designed to return from

22 outer space substantially intact.’’; and

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

24 ‘‘launch services’’ each place it appears in para-
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1 graph (15), as so redesignated by subparagraph

2 (C) of this paragraph;

3 (4) in section 70103(b)—

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

5 ‘‘LAUNCHES’’ in the subsection heading;

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

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

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

9 ‘‘space launch’’ in paragraph (2);

10 (5) in section 70104—

11 (A) by amending the section designation

12 and heading to read as follows:

13 ‘‘§ 70104. Restrictions on launches, operations, and

14 reentries’’;

15 (B) by inserting ‘‘or reentry site, or to re16 enter a reentry vehicle,’’ after ‘‘operate a

17 launch site’’ each place it appears in subsection

18 (a);

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

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

21 (D) in subsection (b)—

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

23 inserting in lieu thereof ‘‘license’’;

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

25 ‘‘may launch’’; and
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1 (iii) by inserting ‘‘or reentering’’ after

2 ‘‘related to launching’’; and

3 (E) in subsection (c)—

4 (i) by amending the subsection head5 ing to read as follows: ‘‘PREVENTING

6 LAUNCHES AND REENTRIES.—’’;

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

8 ‘‘prevent the launch’’; and

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

10 ‘‘decides the launch’’;

11 (6) in section 70105—

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

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

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

15 (B) by striking ‘‘or operation’’ and insert16 ing in lieu thereof ‘‘, operation, or reentry’’ in

17 subsection (b)(2)(A);

18 (7) in section 70106(a)—

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

20 ‘‘observer at a launch site’’;

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

22 ‘‘assemble a launch vehicle’’; and

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

24 ‘‘with a launch vehicle’’;

25 (8) in section 70108—
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1 (A) by amending the section designation

2 and heading to read as follows:

3 ‘‘§ 70108. Prohibition, suspension, and end of

4 launches, operation of launch sites and

5 reentry sites, and reentries’’;

6 and

7 (B) in subsection (a)—

8 (i) by inserting ‘‘or reentry site, or re9 entry of a reentry vehicle,’’ after ‘‘oper10 ation of a launch site’’; and

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

12 ‘‘launch or operation’’;

13 (9) in section 70109—

14 (A) by amending the section designation

15 and heading to read as follows:

16 ‘‘§ 70109. Preemption of scheduled launches or reen17 tries’’;

18 (B) in subsection (a)—

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

20 ‘‘ensure that a launch’’;

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

22 ‘‘United States Government launch site’’;

23 (iii) by inserting ‘‘or reentry date

24 commitment’’ after ‘‘launch date commit25 ment’’;
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1 (iv) by inserting ‘‘or reentry’’ after

2 ‘‘obtained for a launch’’;

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

4 ‘‘access to a launch site’’;

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

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

7 services’’; and

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

9 ‘‘the scheduled launch’’; and

10 (C) in subsection (c), by inserting ‘‘or re11 entry’’ after ‘‘prompt launching’’;

12 (10) in section 70110—

13 (A) by inserting ‘‘or reentry’’ after ‘‘pre14 vent the launch’’ in subsection (a)(2); and

15 (B) by inserting ‘‘or reentry site, or re16 entry of a reentry vehicle,’’ after ‘‘operation of

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

18 (11) in section 70111—

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

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

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

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

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

24 ‘‘or launch services’’ in subsection (a)(2);
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1 (D) by inserting ‘‘or reentry’’ after ‘‘com2 mercial launch’’ both places it appears in sub3 section (b)(1);

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

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

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

7 in subsection (d) and inserting in lieu thereof

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

9 launch or reentry’’; and

10 (G) by inserting ‘‘, reentry vehicle,’’ after

11 ‘‘manufacturer of the launch vehicle’’ in sub12 section (d);

13 (12) in section 70112—

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

15 launch’’ in subsection (a)(3);

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

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

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

19 ‘‘launch services’’ each place it appears in sub20 section (b);

21 (D) by inserting ‘‘applicable’’ after ‘‘car22 ried out under the’’ in paragraphs (1) and (2)

23 of subsection (b);

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

25 in subsection (d)(1);
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1 (F) by inserting ‘‘OR REENTRIES’’ after

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

3 and

4 (G) by inserting ‘‘or reentry site or a re5 entry’’ after ‘‘launch site’’ in subsection (e);

6 (13) in section 70113 (a)(1) and (d) (1) and

7 (2), by inserting ‘‘or reentry’’ after ‘‘one launch’’

8 each place it appears;

9 (14) in section 70115(b)(1)(D)(i)—

10 (A) by inserting ‘‘reentry site,’’ after

11 ‘‘launch site,’’; and

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

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

14 (15) in section 70117—

15 (A) by inserting ‘‘or reentry site, or to re16 enter a reentry vehicle’’ after ‘‘operate a launch

17 site’’ in subsection (a);

18 (B) by inserting ‘‘or reentry’’ after ‘‘ap19 proval of a space launch’’ in subsection (d);

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

21 follows:

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

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

24 that is launched or reentered is not, because of the launch
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1 or reentry, an export or import, respectively, for purposes

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

3 (D) in subsection (g)—

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

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

6 and inserting in lieu thereof ‘‘reentry, op7 eration of a launch vehicle or reentry vehi8 cle, or operation of a launch site or reentry

9 site,’’; and

10 (ii) by inserting ‘‘reentry,’’ after

11 ‘‘launch,’’ in paragraph (2).

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

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

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

15 apply’’ in subsection (a);

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

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

18 lieu thereof ‘‘accepting an application in accordance

19 with criteria established pursuant to subsection

20 (b)(2)(D)’’;

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

22 following new paragraph:

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

24 may establish procedures for certification of the safety of

25 a launch vehicle, reentry vehicle, or safety system, proce-
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1 dure, service, or personnel that may be used in conducting

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

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

4 (b)(2)(B);

5 (E) by striking the period at the end of sub6 section (b)(2)(C) and inserting in lieu thereof

7 ‘‘; and’’;

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

9 the following new subparagraph:

10 ‘‘(D) regulations establishing criteria for ac11 cepting or rejecting an application for a license

12 under this chapter within 60 days after receipt of

13 such application.’’; and

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

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

16 (b)(3).

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

18 take effect upon the effective date of final regulations is19 sued pursuant to section 70105(b)(2)(D) of title 49, Unit20 ed States Code, as added by paragraph (1)(F) of this sub21 section.

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

23 is amended—

24 (A) by redesignating subparagraphs (A) and

25 (B) as subparagraphs (B) and (C), respectively; and
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1 (B) by inserting before subparagraph (B), as so

2 redesignated by subparagraph (A) of this paragraph,

3 the following new subparagraph:

4 ‘‘(A) activities directly related to the prep5 aration of a launch site or payload facility for

6 one or more launches;’’.

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

8 is amended—

9 (A) in the subsection heading, as amended by

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

11 ‘‘AND STATE SPONSORED SPACEPORTS’’ after ‘‘AND

12 REENTRIES’’; and

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

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

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

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

17 amended by inserting at the end the following: ‘‘The Sec18 retary shall submit to the Committee on Science of the

19 House of Representatives and the Committee on Com20 merce, Science, and Transportation of the Senate a writ21 ten notice not later than 7 days after any occurrence when

22 a license is not issued within the deadline established by

23 this subsection.’’.

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

25 is amended—
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1 (A) in subsection (a)(1), by inserting after sub2 paragraph (B) the following:

3 ‘‘The Secretary shall establish criteria and procedures for

4 determining the priority of competing requests from the

5 private sector and State governments for property and

6 services under this section.’’;

7 (B) by striking ‘‘actual costs’’ in subsection

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

9 only’’; and

10 (C) by inserting after subsection (b)(2) the fol11 lowing new paragraph:

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

13 uniform guidelines for, and consistent implementation of,

14 this section by all Federal agencies.’’.

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

16 is amended—

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

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

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

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

21 (C) in subsection (f), by inserting ‘‘launch, re22 entry, or site operator’’ after ‘‘carried out under a’’.

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

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

25 following new section:
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1 ‘‘§ 70120. Regulations

2 ‘‘The Secretary of Transportation, within 6 months

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

4 regulations to carry out this chapter that include—

5 ‘‘(1) guidelines for industry to obtain sufficient

6 insurance coverage for potential damages to third

7 parties;

8 ‘‘(2) procedures for requesting and obtaining li9 censes to operate a commercial launch vehicle and

10 reentry vehicle;

11 ‘‘(3) procedures for requesting and obtaining

12 operator licenses for launch and reentry; and

13 ‘‘(4) procedures for the application of govern14 ment indemnification.’’.

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

16 amended by adding after the item relating to section

17 70119 the following new item:

‘‘70120. Regulations.’’.

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

19 49, United States Code, is further amended by adding at

20 the end the following new section:

21 ‘‘§ 70121. Report to Congress

22 ‘‘The Secretary of Transportation shall submit to

23 Congress an annual report to accompany the President’s

24 budget request that—
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1 ‘‘(1) describes all activities undertaken under

2 this chapter, including a description of the process

3 for the application for and approval of licenses under

4 this chapter and recommendations for legislation

5 that may further commercial launches and reentries;

6 and

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

8 activities and the effectiveness of the Office of Com9 mercial Space Transportation.’’.

10 (2) The table of sections for such chapter 701 is fur11 ther amended by adding after the item relating to section

12 70120, as added by subsection (c)(2) of this section, the

13 following new item:

‘‘70121. Report to Congress.’’.

14 SEC. 252. REQUIREMENT FOR INDEPENDENT COST ANALY15 SIS.

16 Before any funds may be obligated for Phase C of

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

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

19 National Aeronautics and Space Administration shall con20 duct an independent cost analysis of such project and shall

21 report the results to Congress. In developing cost account22 ing and reporting standards for carrying out this section,

23 the Chief Financial Officer shall, to the extent practicable

24 and consistent with other laws, solicit the advice of exper-
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1 tise outside of the National Aeronautics and Space Admin2 istration.

3 SEC. 253. OFFICE OF SPACE COMMERCE.

4 (a) ESTABLISHMENT.—There is established within

5 the Department of Commerce an Office of Space Com6 merce.

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

8 shall be the principal unit for the coordination of space9 related issues, programs, and initiatives within the De10 partment of Commerce. The Office’s primary responsibil11 ities shall include—

12 (1) promoting private sector investment in

13 space activities by collecting, analyzing, and dissemi14 nating information on space markets, and conduct15 ing workshops and seminars to increase awareness

16 of commercial space opportunities;

17 (2) assisting United States commercial provid18 ers in their efforts to do business with the United

19 States Government, and acting as an industry advo20 cate within the executive branch to ensure that the

21 Federal Government meets its space-related require22 ment, to the fullest extent feasible, with commer23 cially available space goods and services;

24 (3) ensuring that the United States Govern25 ment does not compete with the private sector in the
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1 provision of space hardware and services otherwise

2 available from the private sector;

3 (4) promoting the export of space-related goods

4 and services;

5 (5) representing the Department of Commerce

6 in the development of United States policies and in

7 negotiations with foreign countries to ensure free

8 and fair trade internationally in the area of space

9 commerce;

10 (6) seeking the removal of legal, policy, and in11 stitutional impediments to space commerce; and

12 (7) licensing private sector parties to operate

13 private remote sensing space systems and supporting

14 the private sector’s role in the commercial develop15 ment of Landsat remote sensing data distribution.

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

17 AMENDMENTS.

18 (a) DECLARATION OF POLICY AND PURPOSE.—Sec19 tion 102 of the National Aeronautics and Space Act of

20 1958 (42 U.S.C. 2451) is amended—

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

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

23 respectively; and
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1 (2) in subsection (g), as so redesignated by

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

3 and (g)’’ and inserting in lieu thereof ‘‘and (f)’’.

4 (b) REPORTS TO THE CONGRESS.—Section 206(a) of

5 the National Aeronautics and Space Act of 1958 (42

6 U.S.C. 2476(a)) is amended—

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

8 thereof ‘‘May’’; and

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

10 thereof ‘‘fiscal’’.

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

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

13 U.S.C. 2454) is amended—

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

15 after ‘‘subsection (b)’’; and

16 (2) by adding at the end the following new sub17 section:

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

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

20 of at least one day, but not to exceed 5 years, the unre21 stricted public disclosure of technical data in the posses22 sion of, or under the control of, the Administration that

23 has been generated in the performance of experimental,

24 developmental, or research activities or programs funded
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1 jointly by the Administration and such private sector en2 tity.

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

4 of the National Aeronautics and Space Administration Au5 thorization Act, Fiscal Year 1997, the Administrator shall

6 issue regulations to carry out this subsection. Paragraph

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

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

9 shall include—

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

11 data is technical data within the meaning of this

12 subsection;

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

14 available for dissemination within the United States

15 to United States persons and entities in furtherance

16 of the objective of maintaining leadership or com17 petitiveness in civil and governmental aeronautical

18 and space activities by the United States industrial

19 base; and

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

21 which the delay in unrestricted public disclosure of

22 technical data is to apply to various categories of

23 such data, and the restrictions on disclosure of such

24 data during such period or periods, including a re25 quirement that the maximum 5-year protection
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1 under this subsection shall not be provided unless at

2 least 50 percent of the funding for the activities or

3 programs is provided by the private sector.

4 ‘‘(4) The Administrator shall annually report to the

5 Congress all determinations made under paragraph (1).

6 ‘‘(5) For purposes of this subsection, the term ‘tech7 nical data’ means any recorded information, including

8 computer software, that is or may be directly applicable

9 to the design, engineering, development, production, man10 ufacture, or operation of products or processes that may

11 have significant value in maintaining leadership or com12 petitiveness in civil and governmental aeronautical and

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

14 SEC. 255. PROCUREMENT.

15 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

16 (1) IN GENERAL.—The Administrator shall es17 tablish within the Office of Space Access and Tech18 nology a program of expedited technology procure19 ment for the purpose of demonstrating how innova20 tive technology concepts can rapidly be brought to

21 bear upon space missions of the National Aero22 nautics and Space Administration.

23 (2) PROCEDURES AND EVALUATION.—The Ad24 ministrator shall establish procedures for actively

25 seeking from persons outside the National Aero-
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1 nautics and Space Administration innovative tech2 nology concepts, relating to the provision of space

3 hardware, technology, or service to the National Aer4 onautics and Space Administration.

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

6 amounts authorized to be appropriated under section

7 212(4) shall be used for innovative technology pro8 curements that are determined under paragraph (2)

9 of this subsection to meet mission requirements.

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

11 out this subsection the Administrator shall recruit

12 and hire for limited term appointments persons from

13 outside the National Aeronautics and Space Admin14 istration with special expertise and experience relat15 ed to the innovative technology concepts with respect

16 to which procurements are made under this sub17 section.

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

19 effective 10 years after the date of its enactment.

20 (b) TECHNOLOGY PROCUREMENT INITIATIVE.—

21 (1) IN GENERAL.—The Administrator shall co22 ordinate National Aeronautics and Space Adminis23 tration resources in the areas of procurement, com24 mercial programs, and advanced technology in order

25 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 is 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

25 to Congress not later than March 1, 1997. The first report
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1 shall include, in addition to the information required by

2 such section, information about the terms of office, proce3 dures, and responsibilities of the Ocean Research Advisory

4 Panel established by the Council.

5 (e) AUTHORIZATION OF APPROPRIATIONS.—No

6 funds are authorized to be appropriated by this Act for

7 the National Oceanographic Partnership Program for fis8 cal year 1997.

9 TITLE V—ENVIRONMENTAL

10 PROTECTION AGENCY

11 SEC. 501. SHORT TITLE.

12 This title may be cited as the ‘‘Environmental Re13 search, Development, and Demonstration Authorization

14 Act of 1996’’.

15 SEC. 502. DEFINITIONS.

16 For the purposes of this title, the term—

17 (1) ‘‘Administrator’’ means the Administrator

18 of the Environmental Protection Agency;

19 (2) ‘‘Agency’’ means the Environmental Protec20 tion Agency; and

21 (3) ‘‘Assistant Administrator’’ means the As22 sistant Administrator for Research and Development

23 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.