Union Calendar No. 126

104TH CONGRESS

1ST SESSION H. R. 2043

[Report No. 104–233]

A BILL

To authorize appropriations to the National Aeroother purposes. mission support, and Inspector General, and for space flight, science, aeronautics, and technology, nautics and Space Administration for human

AUGUST 4, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 126

104TH CONGRESS

1ST SESSION H. R. 2043

[Report No. 104–233]

To authorize appropriations to the National Aeronautics and Space Administration for human space flight, science, aeronautics, and technology,

mission support, and Inspector General, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 17, 1995

Mr. WALKER (for himself and Mr. SENSENBRENNER) introduced the following

bill; which was referred to the Committee on Science

AUGUST 4, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 17, 1995]

A BILL

To authorize appropriations to the National Aeronautics and

Space Administration for human space flight, science,

aeronautics, and technology, mission support, and Inspector General, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Aeronautics

3 and Space Administration Authorization Act, Fiscal Year

4 1996’’.

5 SEC. 2. FINDINGS.

6 The Congress makes the following findings:

7 (1) The National Aeronautics and Space Admin8 istration has failed to request sufficient funds to per9 form all missions it has proposed in annual budget

10 requests. For fiscal year 1996, the budget requested is

11 $140,000,000 below the amount required to fulfill pro12 gram commitments made by the fiscal year 1995

13 budget approved by Congress. The request for fiscal

14 year 1996 proposes continued underfunding of the re15 quirements of the National Aeronautics and Space

16 Administration by $439,000,000 for fiscal year 1997,

17 $847,000,000 for fiscal year 1998, $1,189,000,000 for

18 fiscal year 1999, and $1,532,000,000 for fiscal year

19 2000.

20 (2) In order to close the gap between projected

21 program requirements and the underfunding re22 quested, the National Aeronautics and Space Admin23 istration should aggressively pursue actions and re24 forms directed at reducing institutional costs, includ25 ing management restructuring, facility consolidation,

26 procurement reform, personnel base downsizing, and
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1 convergence with other defense and private sector sys2 tems.

3 (3) While institutional reforms, restructurings,

4 and downsizing hold the promise of comporting the

5 projected needs of the National Aeronautics and Space

6 Administration with funding levels requested by the

7 Administration, such reforms provide no guarantee

8 against cancellation of missions in the event reform

9 efforts fail to achieve cost reduction targets.

10 (4) The National Aeronautics and Space Admin11 istration must reverse its current trend toward becom12 ing an operational agency, and return to its proud

13 history as the Nation’s leader in basic scientific air

14 and space research.

15 (5) Commercial space activity is in a delicate

16 stage of growth but has the potential to eclipse Fed17 eral space activity in its economic return to the Na18 tion if not stifled.

19 (6) The United States is on the verge of creating

20 and using new technologies in microsatellites, infor21 mation processing, and space launch that could radi22 cally alter the manner in which the Government ap23 proaches its space mission.

24 (7) The overwhelming preponderance of the Fed25 eral Government’s requirements for routine, non-
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1 emergency manned and unmanned space transpor2 tation can be most effectively, efficiently, and eco3 nomically met by a free and competitive market in

4 privately developed and operated launch services.

5 (8) In formulating a national space transpor6 tation service policy, the National Aeronautics and

7 Space Administration should agressively pursue re8 verse contracting opportunities to support the private

9 sector development of advanced space transportation

10 technologies including reusable space vehicles, single11 stage-to-orbit vehicles, and manned space systems.

12 (9) International cooperation in space explo13 ration and science activities serves the United States

14 national interest—

15 (A) when it—

16 (i) reduces the cost of undertaking mis17 sions the United States Government would

18 pursue unilaterally;

19 (ii) enables the United States to pursue

20 missions that it could not otherwise afford

21 to pursue unilaterally; or

22 (iii) enhances United States capabili23 ties to use and develop space for the benefit

24 of United States citizens; and

25 (B) when it does not—
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1 (i) otherwise harm or interfere with the

2 ability of United States private sector firms

3 to develop or explore space commercially;

4 (ii) interfere with the ability of Fed5 eral agencies to use space to complete their

6 missions;

7 (iii) undermine the ability of United

8 States private enterprise to compete favor9 ably with foreign entities in the commercial

10 space arena; or

11 (iv) transfer sensitive or commercially

12 advantageous technologies or knowledge

13 from the United States to other countries or

14 foreign entities except as required by those

15 countries or entities to make their contribu16 tion to a multilateral space project in part17 nership with the United States, or on a

18 quid pro quo basis.

19 (10) The National Aeronautics and Space Ad20 ministration and the Department of Defense can co21 operate more effectively in leveraging their mutual ca22 pabilities to conduct joint space missions that im23 prove United States space capabilities and reduce the

24 cost of conducting space missions.
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1 SEC. 3. DEFINITIONS.

2 For purposes of this Act—

3 (1) the term ‘‘Administrator’’ means the Admin4 istrator of the National Aeronautics and Space Ad5 ministration; and

6 (2) the term ‘‘institution of higher education’’

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

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

9 1141(a)).

10 TITLE I—AUTHORIZATION OF

11 APPROPRIATIONS

12 Subtitle A—Authorizations

13 SEC. 101. HUMAN SPACE FLIGHT.

14 (a) AUTHORIZATIONS.—There are authorized to be ap15 propriated to the National Aeronautics and Space Admin16 istration for fiscal year 1996 for Human Space Flight the

17 following amounts:

18 (1) For Space Shuttle Operations,

19 $2,341,800,000.

20 (2) For Space Shuttle Safety and Performance

21 Upgrades, $837,000,000.

22 (3) For Payload and Utilization Operations,

23 $315,000,000.

24 (4) For Russian Cooperation, $100,000,000.

25 (b) CONSTRUCTION OF FACILITIES.—(1) Of the funds

26 authorized to be appropriated under subsection (a)(2),
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1 $5,000,000 are authorized for modernization of the Firex

2 System, Pads A and B, Kennedy Space Center.

3 (2) Of the funds authorized to be appropriated under

4 subsection (a)(2), $7,500,000 are authorized for replacement

5 of the Chemical Analysis Facility, Kennedy Space Center.

6 (3) Of the funds authorized to be appropriated under

7 subsection (a)(2), $4,900,000 are authorized for replacement

8 of the Space Shuttle Main Engine Processing Facility, Ken9 nedy Space Center.

10 SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

11 (a) AUTHORIZATIONS.—There are authorized to be ap12 propriated to the National Aeronautics and Space Admin13 istration for fiscal year 1996 for Science, Aeronautics, and

14 Technology the following amounts:

15 (1) For Space Science, $1,995,400,000, of

16 which—

17 (A) $1,167,600,000 are authorized for Phys18 ics and Astronomy, of which $51,500,000 shall be

19 for the Gravity Probe B, except that no funds are

20 authorized for the Space Infrared Telescope Fa21 cility; and

22 (B) $827,800,000 are authorized for Plan23 etary Exploration, of which $30,000,000 shall be

24 for the New Millennium Spacecraft, including

25 $5,000,000 for the National Aeronautics and
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1 Space Administration’s participation in Clem2 entine 2 (Air Force Program Element 0603401F

3 Advanced Spacecraft Technology).

4 (2) For Life and Microgravity Sciences and Ap5 plications, $293,200,000.

6 (3) For Mission to Planet Earth, $1,013,100,000,

7 of which $21,500,000 shall only be for activities de8 scribed in section 208(b)(7)(A), except that no funds

9 are authorized for the Consortium for International

10 Earth Science Information Network (except as pro11 vided in section 107) or the Topex Poseidon Follow12 On mission. Funds authorized by this paragraph may

13 not be expended to duplicate private sector or other

14 Federal activities or to procure systems to provide

15 data unless the Administrator certifies to Congress

16 that no private sector or Federal entity can provide

17 suitable data in a timely manner. Notwithstanding

18 any other provision of law, funds in excess of those

19 authorized by this paragraph may not be obligated

20 for Mission to Planet Earth.

21 (4) For Space Access and Technology,

22 $639,800,000 of which—

23 (A) $193,000,000 are authorized for Ad24 vanced Space Transportation;
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1 (B) $10,000,000 are authorized to be made

2 available for defraying the costs of converting or

3 redesigning commercially inconsistent elements

4 of former Federal facilities or to take actions re5 quired for conformance with Federal laws or reg6 ulations relating to commercial space transpor7 tation infrastructure, to remain available until

8 expended;

9 (C) $20,000,000 shall be for continuing the

10 Launch Voucher Demonstration Program author11 ized under section 504 of the National Aero12 nautics and Space Administration Authorization

13 Act, Fiscal Year 1993 (15 U.S.C. 5803); and

14 (D) $33,900,000 are authorized for the

15 Small Spacecraft Technology Initiative, except

16 that funds for such Initiative may not be ex17 pended to duplicate private sector activities or to

18 fund any activities that a private sector entity

19 is proposing to carry out for commercial pur20 poses. No funds are authorized under this para21 graph for the Partnership for Next Generation

22 Vehicle.

23 (5) For Aeronautical Research and Technology,

24 $826,900,000, of which—
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1 (A) $354,700,000 are authorized for Re2 search and Technology Base activities;

3 (B) $245,500,000 are authorized for High

4 Speed Research;

5 (C) $133,000,000 are authorized for Ad6 vanced Subsonic Technology, except that no

7 funds are authorized for concept studies for Ad8 vanced Traffic Management and Affordable De9 sign and Manufacturing;

10 (D) $40,200,000 are authorized for High11 Performance Computing and Communications;

12 and

13 (E) $48,100,000 are authorized for Numeri14 cal Aerodynamic Simulation.

15 (6) For Mission Communication Services,

16 $461,300,000.

17 (7) For Academic Programs, $102,200,000.

18 (b) CONSTRUCTION OF FACILITIES.—(1) Of the funds

19 authorized to be appropriated under subsection (a)(3),

20 $17,000,000 are authorized for construction of the Earth

21 Systems Science Building, Goddard Space Flight Center.

22 (2) Of the funds authorized to be appropriated under

23 subsection (a)(5), $5,400,000 are authorized for moderniza24 tion of the Unitary Plan Wind Tunnel Complex, Ames Re25 search Center.
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1 (3) Of the funds authorized to be appropriated under

2 subsection (a)(2), $3,000,000 are authorized for the con3 struction of an addition to the Microgravity and Develop4 ment Laboratory, Marshall Space Flight Center.

5 SEC. 103. MISSION SUPPORT.

6 There are authorized to be appropriated to the Na7 tional Aeronautics and Space Administration for fiscal

8 year 1996 for Mission Support the following amounts:

9 (1) For Safety, Reliability, and Quality Assur10 ance, $37,600,000.

11 (2) For Space Communication Services,

12 $319,400,000.

13 (3) For Construction of Facilities, including

14 land acquisition, $152,600,000, of which—

15 (A) $6,300,000 shall be for restoration of

16 Flight Systems Research Laboratory, Ames Re17 search Center;

18 (B) $3,000,000 shall be for restoration of

19 chilled water distribution system, Goddard Space

20 Flight Center;

21 (C) $4,800,000 shall be for replacing

22 chillers, various buildings, Jet Propulsion Lab23 oratory;
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1 (D) $1,100,000 shall be for rehabilitation of

2 electrical distribution system, White Sands Test

3 Facility, Johnson Space Center;

4 (E) $4,200,000 shall be for replacement of

5 main substation switchgear and circuit breakers,

6 Johnson Space Center;

7 (F) $1,800,000 shall be for replacement of

8 15kV load break switches, Kennedy Space Center;

9 (G) $9,000,000 shall be for rehabilitation of

10 Central Air Equipment Building, Lewis Re11 search Center;

12 (H) $4,700,000 shall be for restoration of

13 high pressure air compressor system, Marshall

14 Space Flight Center;

15 (I) $6,800,000 shall be for restoration of In16 formation and Electronic Systems Laboratory,

17 Marshall Space Flight Center;

18 (J) $1,400,000 shall be for restoration of

19 canal lock, Stennis Space Center;

20 (K) $2,500,000 shall be for restoration of

21 primary electrical distribution system, Wallops

22 Flight Facility;

23 (L) $30,000,000 shall be for repair of facili24 ties at various locations, not in excess of

25 $1,500,000 per project;
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1 (M) $30,000,000 shall be for rehabilitation

2 and modification of facilities at various loca3 tions, not in excess of $1,500,000 per project;

4 (N) $2,000,000 shall be for minor construc5 tion of new facilities and additions to existing

6 facilities at various locations, not in excess of

7 $750,000 per project;

8 (O) $10,000,000 shall be for facility plan9 ning and design not otherwise provided for; and

10 (P) $35,000,000 shall be for environmental

11 compliance and restoration.

12 (4) For Research and Program Management, in13 cluding personnel and related costs, travel, and re14 search operations support, $2,094,800,000.

15 SEC. 104. INSPECTOR GENERAL.

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

18 General, $17,300,000 for fiscal year 1996.

19 SEC. 105. TOTAL AUTHORIZATION.

20 Notwithstanding any other provision of this title, the

21 total amount authorized to be appropriated to the National

22 Aeronautics and Space Administration under this Act shall

23 not exceed $11,547,400,000 for fiscal year 1996.
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1 SEC. 106. ADDITIONAL AUTHORIZATION AND CORRESPOND2 ING REDUCTION.

3 (a) AUTHORIZATION.—In addition to amounts author4 ized by section 102(a)(3), there are authorized to be appro5 priated to the National Aeronautics and Space Administra6 tion for fiscal year 1996 for Mission to Planet Earth

7 $274,360,000, to be derived from amounts otherwise author8 ized by this Act.

9 (b) OPERATING PLAN.—The Administrator shall,

10 within 30 days after the later of—

11 (1) the date of the enactment of this Act; and

12 (2) the date of the enactment of the Act making

13 appropriations for the National Aeronautics and

14 Space Administration for fiscal year 1996,

15 transmit to the Committee on Science of the House of Rep16 resentatives and the Committee on Commerce, Science, and

17 Transportation of the Senate an operating plan which iden18 tifies which amounts will be transfered purusant to sub19 section (a).

20 (c) LIMITATION ON OBLIGATION AND EXPENDITURE.—

21 None of the funds authorized by subsection (a) shall be

22 available for obligation or expenditure until—

23 (1) the National Academy of Sciences has con24 ducted a comprehensive review of the Mission to Plan25 et Earth program as part of its study of the United

26 States Global Change Research Program;
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1 (2) the Administrator has reported to the Com2 mittee on Science of the House of Representatives and

3 the Committee on Commerce, Science, and Transpor4 tation of the Senate a plan for implementing the

5 study’s recommendations and a formal request for all

6 or part of such funds; and

7 (3) 90 legislative days have passed after the re8 port is transmitted under paragraph (2).

9 SEC. 107. LIMITED AVAILABILITY.

10 Nothing in this Act shall interfere with the rights of

11 any parties under contracts. Nothing in this Act shall pre12 clude the Consortium for International Earth Science Infor13 mation Network from receiving a contract awarded follow14 ing a full and open competition.

15 Subtitle B—Restructuring the Na16 tional Aeronautics and Space

17 Administration

18 SEC. 111. FINDINGS.

19 The Congress finds that—

20 (1) the restructuring of the National Aeronautics

21 and Space Administration is essential to accomplish22 ing the space missions of the United States while si23 multaneously balancing the Federal budget;

24 (2) to restructure the National Aeronautics and

25 Space Administration rapidly without reducing mis-
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1 sion content and safety requires objective financial

2 judgment;

3 (3) no effort has been undertaken by the National

4 Aeronautics and Space Administration to perform a

5 formal economic review of its missions and the Fed6 eral assets that support them;

7 (4) therefore it is premature and unwarranted to

8 attempt closing any National Aeronautics and Space

9 Administration field center until an asset-based re10 view of United States space missions and capabilities

11 to support them is performed; and

12 (5) cost savings from the closing of National Aer13 onautics and Space Administration field centers are

14 speculative and potentially injurious to mission goals,

15 unless derived from an asset-based analysis.

16 SEC. 112. ASSET-BASED REVIEW.

17 (a) REQUEST FOR PROPOSALS.—Not later than 30

18 days after the date of the enactment of this Act, the Admin19 istrator shall publish in the Commerce Business Daily a

20 request for proposals to perform a National Aeronautics

21 and Space Administration asset-based review.

22 (b) QUALIFIED PROPOSALS.—Qualified proposals to

23 perform the asset-based review under this section shall be

24 from United States persons whose primary business is cor25 porate financial strategy, investment banking, accounting,
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1 or asset management. All proposals shall, at a minimum,

2 propose to review, for each capital asset owned by the Na3 tional Aeronautics and Space Administration—

4 (1) its primary function or purpose in relation5 ship to a program, mission, or activity of the Na6 tional Aeronautics and Space Administration;

7 (2) the existence of other capital assets which du8 plicate or overlap with such function or purpose;

9 (3) the Federal and non-Federal users thereof;

10 and

11 (4) its necessity to carry out a program, mission,

12 or activity of the National Aeronautics and Space

13 Administration.

14 (c) REPORT.—The contractor selected to perform the

15 asset-based review under this section shall complete such re16 view and transmit to the Administrator and the Congress,

17 no later than July 31, 1996, a report containing, at a mini18 mum—

19 (1) for each National Aeronautics and Space Ad20 ministration field center facility—

21 (A) a list of capital assets that should be

22 permanently retired or disposed of;

23 (B) a list of capital assets that may be

24 transferred to non-Federal institutions and cor-
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1 porations, if the transfer of such asset is cost ef2 fective; and

3 (C) a list of capital assets essential to the

4 conduct of National Aeronautics and Space Ad5 ministration programs, missions, or activities,

6 and a justification for retaining the asset;

7 (2) for each National Aeronautics and Space Ad8 ministration program element—

9 (A) a list of capital assets essential to the

10 conduct of the program element; and

11 (B) a plan for achieving the most cost-effec12 tive consolidation and efficient use of necessary

13 capital assets to support such program element,

14 including the use of non-Federal assets where ap15 propriate; and

16 (3) for each National Aeronautics and Space Ad17 ministration capital asset—

18 (A) the total annual cost of maintaining

19 and operating such capital asset, including Fed20 eral employee and contractor costs;

21 (B) the depreciated cost, replacement cost,

22 and salvage value; and

23 (C) the most cost-effective strategy for main24 taining, replacing, upgrading, or disposing of

25 the capital asset, as appropriate.
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1 (d) IMPLEMENTATION.—The Administrator shall con2 sider the results of the asset-based review conducted under

3 this section, and based on the Administrator’s recommenda4 tions, the President shall propose to Congress legislation re5 quired to implement those recommendations no later than

6 September 30, 1996.

7 (e) CLOSING OF FIELD CENTERS.—The Administrator

8 shall not close any National Aeronautics and Space Admin9 istration field center until after the asset-based review re10 port is transmitted under subsection (c), and may only close

11 field centers that would become obsolete as a result of the

12 implementation of the Administrator’s recommendations,

13 and may do so only after enactment of legislation imple14 menting those recommendations.

15 Subtitle C—Limitations and

16 Special Authority

17 SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

18 (a) AUTHORIZED USES.—Funds appropriated under

19 sections 101(a), 102(a), and 103 (1) and (2), and funds

20 appropriated for research operations support under section

21 103(4), may be used for the construction of new facilities

22 and additions to, repair of, rehabilitation of, or modifica23 tion of existing facilities at any location in support of the

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

2 subsection (a) may be expended for a project, the estimated

3 cost of which to the National Aeronautics and Space Ad4 ministration, including collateral equipment, exceeds

5 $500,000, until 30 days have passed after the Administrator

6 has notified the Committee on Science of the House of Rep7 resentatives and the Committee on Commerce, Science, and

8 Transportation of the Senate of the nature, location, and

9 estimated cost to the National Aeronautics and Space Ad10 ministration of such project.

11 (c) TITLE TO FACILITIES.—If funds are used pursuant

12 to subsection (a) for grants to institutions of higher edu13 cation, or to nonprofit organizations whose primary pur14 pose is the conduct of scientific research, for purchase or

15 construction of additional research facilities, title to such

16 facilities shall be vested in the United States unless the Ad17 ministrator determines that the national program of aero18 nautical and space activities will best be served by vesting

19 title in the grantee institution or organization. Each such

20 grant shall be made under such conditions as the Adminis21 trator shall determine to be required to ensure that the

22 United States will receive therefrom benefits adequate to

23 justify the making of that grant.
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1 SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

4 without fiscal year limitation.

5 SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA6 CILITIES.

7 (a) IN GENERAL.—Appropriations authorized under

8 any paragraph of section 101(b), 102(b), or 103(3)—

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

10 discretion of the Administrator; or

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

12 unusual cost variations, after the expiration of 15

13 days following a report on the circumstances of such

14 action by the Administrator to the Committee on

15 Science of the House of Representatives and the Com16 mittee on Commerce, Science, and Transportation of

17 the Senate.

18 The aggregate amount authorized to be appropriated under

19 sections 101(b), 102(b) and 103(3) shall not be increased

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

21 (2) of this subsection.

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

24 aeronautical and space activities have occurred; and that

25 such developments require the use of additional funds for

26 the purposes of construction, expansion, or modification of
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1 facilities at any location; and that deferral of such action

2 until the enactment of the next National Aeronautics and

3 Space Administration Authorization Act would be incon4 sistent with the interest of the Nation in aeronautical and

5 space activities, the Administrator may use up to

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

7 101(b), 102(b), or 103(3) for each fiscal year for such pur8 poses. No such funds may be obligated until a period of

9 30 days has passed after the Administrator has transmitted

10 to the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Science of the

12 House of Representatives a written report describing the na13 ture of the construction, its costs, and the reasons therefor.

14 SEC. 124. CONSIDERATION BY COMMITTEES.

15 Notwithstanding any other provision of law—

16 (1) no amount appropriated to the National Aer17 onautics and Space Administration may be used for

18 any program for which the President’s annual budget

19 request included a request for funding, but for which

20 the Congress denied or did not provide funding;

21 (2) no amount appropriated to the National Aer22 onautics and Space Administration may be used for

23 any program in excess of the amount actually author24 ized for the particular program by subtitle A; and
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1 (3) no amount appropriated to the National Aer2 onautics and Space Administration may be used for

3 any program which has not been presented to the

4 Congress in the President’s annual budget request or

5 the supporting and ancillary documents thereto,

6 unless a period of 30 days has passed after the receipt by

7 the Committee on Science of the House of Representatives

8 and the Committee on Commerce, Science, and Transpor9 tation of the Senate of notice given by the Administrator

10 containing a full and complete statement of the action pro11 posed to be taken and the facts and circumstances relied

12 upon in support of such proposed action. The National Aer13 onautics and Space Administration shall keep the Commit14 tee on Science of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the

16 Senate fully and currently informed with respect to all ac17 tivities and responsibilities within the jurisdiction of those

18 committees. Except as otherwise provided by law, any Fed19 eral department, agency, or independent establishment shall

20 furnish any information requested by either committee re21 lating to any such activity or responsibility.

22 SEC. 125. LIMITATION ON OBLIGATION OF UNAUTHORIZED

23 APPROPRIATIONS.

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

25 after the later of the date of enactment of an Act making
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1 appropriations to the National Aeronautics and Space Ad2 ministration for fiscal year 1996 and the date of enactment

3 of this Act, the Administrator shall submit a report to Con4 gress and to the Comptroller General which specifies—

5 (1) the portion of such appropriations which are

6 for programs, projects, or activities not authorized

7 under subtitle A of this title, or which are in excess

8 of amounts authorized for the relevant program,

9 project, or activity under this Act; and

10 (2) the portion of such appropriations which are

11 authorized under this Act.

12 (b) FEDERAL REGISTER NOTICE.—The Administrator

13 shall, coincident with the submission of the report required

14 by subsection (a), publish in the Federal Register a notice

15 of all programs, projects, or activities for which funds are

16 appropriated but which were not authorized under this Act,

17 and solicit public comment thereon regarding the impact

18 of such programs, projects, or activities on the conduct and

19 effectiveness of the national aeronautics and space program.

20 (c) LIMITATION.—Notwithstanding any other provi21 sion of law, no funds may be obligated for any programs,

22 projects, or activities of the National Aeronautics and Space

23 Administration for fiscal year 1996 not authorized under

24 this Act until 30 days have passed after the close of the
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1 public comment period contained in the notice required in

2 subsection (b).

3 SEC. 126. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

4 OR EXTRAORDINARY EXPENSES.

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

6 under section 102 may be used for scientific consultations

7 or extraordinary expenses, upon the authority of the Ad8 ministrator.

9 SEC. 127. LIMITATION ON TRANSFERS TO RUSSIA.

10 (a) LIMITATION.—No funds authorized to be appro11 priated to the National Aeronautics and Space Administra12 tion for fiscal year 1996 may be paid or otherwise trans13 ferred to Russia unless—

14 (1) the payment or transfer is authorized by this

15 Act;

16 (2) the payment or transfer is made in exchange

17 for goods or services that have been provided to the

18 National Aeronautics and Space Administration in

19 accordance with a written agreement between the Na20 tional Aeronautics and Space Administration and

21 Russia;

22 (3) the Government of the Russian Federation

23 agrees to provide a monthly report to the National

24 Aeronautics and Space Administration during the

25 term of such written agreement, that fully accounts
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1 for the disposition of the funds paid or transferred,

2 including information with respect to the preceding

3 month on—

4 (A) the amount of the funds received, and

5 the date of receipt;

6 (B) the amount of the funds converted from

7 United States currency, the currency into which

8 the funds have been converted, and the date and

9 rate of conversion;

10 (C) the amount of non-United States cur11 rency, and of United States currency, that is dis12 bursed to any contractor or subcontractor, the

13 identity of such contractor or subcontractor, and

14 the date of disbursement; and

15 (D) the balance of the funds not disbursed

16 as of the date of the report;

17 (4) Russia has provided all monthly reports with

18 respect to which an agreement was made pursuant to

19 paragraph (3); and

20 (5) the President, before such payment or trans21 fer and annually upon submission of the President’s

22 budget request for fiscal years after fiscal year 1996,

23 has certified to the Congress that—
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1 (A) the presence of any troops of the Rus2 sian Federation or the Commonwealth of Inde3 pendent States; and

4 (B) any action by the Russian Federation

5 or the Commonwealth of Independent States,

6 in Estonia, Latvia, Lithuania, or any other inde7 pendent state of the former Soviet Union do not vio8 late the sovereignty of those independent states.

9 (b) DEFINITION.—For purposes of this section, the

10 term ‘‘Russia’’ means the Government of the Russian Fed11 eration, the Russian Space Agency, or any agency or in12 strumentality of the Government of the Russian Federation

13 or the Russian Space Agency.

14 TITLE II—MISCELLANEOUS

15 PROVISIONS

16 SEC. 201. COMMERCIAL SPACE LAUNCH AMENDMENTS.

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

18 States Code, is amended—

19 (1) in the table of sections—

20 (A) by amending the item relating to sec21 tion 70104 to read as follows:

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

22 (B) by amending the item relating to sec23 tion 70108 to read as follows:

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

and reentry sites, and reentries.’’;
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1 and

2 (C) by amending the item relating to sec3 tion 70109 to read as follows:

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

4 (2) in section 70101—

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

6 after ‘‘information services,’’ in subsection (a)(3);

7 (B) by inserting ‘‘, reentry,’’ after ‘‘launch8 ing’’ both places it appears in subsection (a)(4);

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

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

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

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

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

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

15 (a)(7);

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

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

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

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

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

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

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

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

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

25 ‘‘launch vehicles’’ in subsection (b)(2);
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1 (K) by striking ‘‘launch’’ in subsection

2 (b)(2)(A);

3 (L) by inserting ‘‘and reentry’’ after ‘‘com4 mercial launch’’ in subsection (b)(3);

5 (M) by striking ‘‘launch’’ after ‘‘and trans6 fer commercial’’ in subsection (b)(3); and

7 (N) by inserting ‘‘and development of re8 entry sites,’’ after ‘‘launch-site support facili9 ties,’’ in subsection (b)(4);

10 (3) in section 70102—

11 (A) by inserting ‘‘from Earth’’ after ‘‘and

12 any payload’’ in paragraph (3);

13 (B) by redesignating paragraphs (10)

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

15 respectively;

16 (C) by inserting after paragraph (9) the fol17 lowing new paragraphs:

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

19 attempt to return, purposefully, a reentry vehicle and

20 its payload, if any, from Earth orbit, from exo-atmos21 pheric flight, or from outer space to Earth.

22 ‘‘(11) ‘reentry services’ means—

23 ‘‘(A) activities involved in the preparation

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

25 reentry; and
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1 ‘‘(B) the conduct of a reentry.

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

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

4 defined in a license the Secretary issues or transfers

5 under this chapter).

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

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

8 or a reusable launch vehicle designed to return from

9 outer space or exo-atmospheric flight to Earth, sub10 stantially intact.’’; and

11 (D) by inserting ‘‘or reentry services’’ after

12 ‘‘launch services’’ each place it appears in para13 graph (15), as so redesignated by subparagraph

14 (B) of this paragraph;

15 (4) in section 70103(b)—

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

17 ‘‘LAUNCHES’’ in the subsection heading;

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

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

20 (C) by inserting ‘‘and reentry’’ after ‘‘space

21 launch’’ in paragraph (2);

22 (5) in section 70104—

23 (A) by amending the section designation

24 and heading to read as follows:
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1 ‘‘§ 70104. Restrictions on launches, operations, and re2 entries’’;

3 (B) by inserting ‘‘or reentry site, or reenter

4 a reentry vehicle,’’ after ‘‘operate a launch site’’

5 each place it appears in subsection (a);

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

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

8 (D) in subsection (b)—

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

10 inserting in lieu thereof ‘‘license’’;

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

12 ‘‘may launch’’; and

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

14 ‘‘related to launching’’; and

15 (E) in subsection (c)—

16 (i) by amending the subsection heading

17 to read as follows: ‘‘PREVENTING LAUNCHES

18 AND REENTRIES.—’’;

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

20 ‘‘prevent the launch’’; and

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

22 ‘‘decides the launch’’;

23 (6) in section 70105—

24 (A) by inserting ‘‘or reentry site, or reentry

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

26 launch site’’ in subsection (b)(1); and
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1 (B) by striking ‘‘or operation’’ and insert2 ing in lieu thereof ‘‘, operation, or reentry’’ in

3 subsection (b)(2)(A);

4 (7) in section 70106(a)—

5 (A) by inserting ‘‘or reentry site’’ after ‘‘ob6 server at a launch site’’; and

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

8 ‘‘assemble a launch vehicle’’;

9 (8) in section 70108—

10 (A) by amending the section designation

11 and heading to read as follows:

12 ‘‘§ 70108. Prohibition, suspension, and end of

13 launches, operation of launch sites and

14 reentry sites, and reentries’’;

15 and

16 (B) in subsection (a)—

17 (i) by inserting ‘‘or reentry site, or re18 entry of a reentry vehicle,’’ after ‘‘operation

19 of a launch site’’; and

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

21 ‘‘launch or operation’’;

22 (9) in section 70109—

23 (A) by amending the section designation

24 and heading to read as follows:
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1 ‘‘§ 70109. Preemption of scheduled launches or reen2 tries’’;

3 (B) in subsection (a)—

4 (i) by inserting ‘‘or reentry’’ after ‘‘en5 sure that a launch’’;

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

7 ‘‘United States Government launch site’’;

8 (iii) by inserting ‘‘or reentry date com9 mitment’’ after ‘‘launch date commitment’’;

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

11 ‘‘obtained for a launch’’;

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

13 ‘‘access to a launch site’’;

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

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

16 services’’; and

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

18 ‘‘the scheduled launch’’; and

19 (C) in subsection (c), by inserting ‘‘or re20 entry’’ after ‘‘prompt launching’’;

21 (10) in section 70110—

22 (A) by inserting ‘‘or reentry’’ after ‘‘prevent

23 the launch’’ in subsection (a)(2); and

24 (B) by inserting ‘‘or reentry site, or reentry

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

26 launch site’’ in subsection (a)(3)(B);
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1 (11) in section 70111—

2 (A) by inserting ‘‘and reentry services’’

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

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

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

6 (C) by inserting ‘‘or reentry’’ after ‘‘com7 mercial launch’’ both places it appears in sub8 section (b)(1);

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

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

11 (E) by striking ‘‘or its payload for launch’’

12 in subsection (d) and inserting in lieu thereof

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

14 launch or reentry’’; and

15 (F) by inserting ‘‘, reentry vehicle,’’ after

16 ‘‘manufacturer of the launch vehicle’’ in sub17 section (d);

18 (12) in section 70112—

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

20 launch’’ in subsection (a)(3);

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

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

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

24 ‘‘launch services’’ each place it appears in sub25 section (b);
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1 (D) by striking ‘‘, Space, and Technology’’

2 in subsection (d)(1);

3 (E) by inserting ‘‘OR REENTRIES’’ after

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

5 and

6 (F) by inserting ‘‘or reentry site or a re7 entry’’ after ‘‘launch site’’ in subsection (e);

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

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

10 place it appears;

11 (14) in section 70115(b)(1)(D)(i)—

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

13 ‘‘launch site,’’; and

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

15 ‘‘launch vehicle’’ both places it appears;

16 (15) in section 70117—

17 (A) by inserting ‘‘or reentry site or reenter

18 a reentry vehicle’’ after ‘‘operate a launch site’’

19 in subsection (a);

20 (B) by inserting ‘‘or reentry’’ after ‘‘ap21 proval of a space launch’’ in subsection (d);

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

23 follows:

24 ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN IM25 PORT.—A launch vehicle, reentry vehicle, or payload that
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1 is launched or reentered is not, because of the launch or

2 reentry, an export or import, respectively, for purposes of

3 a law controlling exports or imports.’’; and

4 (D) in subsection (g)—

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

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

7 and inserting in lieu thereof ‘‘reentry, oper8 ation of a launch vehicle or reentry vehicle,

9 or operation of a launch site or reentry

10 site,’’;

11 (ii) by striking ‘‘or’’ at the end of

12 paragraph (1);

13 (iii) by inserting ‘‘reentry,’’ after

14 ‘‘launch,’’ in paragraph (2);

15 (iv) by striking the period at the end

16 of paragraph (2) and inserting in lieu

17 thereof ‘‘; or’’; and

18 (v) by adding at the end the following

19 new paragraph:

20 ‘‘(3) any amateur and similar small rocket ac21 tivities, as defined by the Secretary by regulation.’’;

22 (16) in section 70119, by inserting the following

23 after paragraph (2):

24 ‘‘There are authorized to be appropriated to the Secretary

25 of Transportation $6,000,000 to carry out this chapter for
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1 fiscal year 1996. None of the funds authorized by this sec2 tion may be expended for policy development or analysis

3 activities not directly related to the Secretary’s regulatory

4 responsibilities under this chapter.’’.

5 (b) ADDITIONAL AMENDMENTS.—(1) Section 70105 of

6 title 49, United States Code, is amended—

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

8 apply’’ in subsection (a);

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

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

11 lieu thereof ‘‘accepting an application in accordance

12 with criteria established pursuant to subsection

13 (b)(2)(D)’’;

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

15 following new paragraph:

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

17 establish procedures for certification of the safety of a

18 launch vehicle, reentry vehicle, or safety system, procedure,

19 service, or personnel that may be used in conducting li20 censed commercial space launch or reentry activities.’’;

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

22 (b)(2)(B);

23 (E) by striking the period at the end of sub24 section (b)(2)(C) and inserting in lieu thereof ‘‘;

25 and’’;
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1 (F) by adding at the end of subsection (b)(2) the

2 following new subparagraph:

3 ‘‘(D) regulations establishing criteria for accept4 ing or rejecting an application for a license under

5 this chapter within 60 days after receipt of such ap6 plication.’’; and

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

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

9 (b)(3).

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

11 take effect upon the effective date of final regulations issued

12 pursuant to section 70105(b)(2)(D) of title 49, United

13 States Code, as added by paragraph (1)(F) of this sub14 section.

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

16 is amended—

17 (A) by redesignating subparagraphs (A) and (B)

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

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

20 redesignated by subparagraph (A) of this paragraph,

21 the following new subparagraph:

22 ‘‘(A) activities directly related to the prepa23 ration of a launch site or payload facility for

24 one or more launches;’’.
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1 (4) Section 70103(b) of title 49, United States Code,

2 is amended—

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

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

5 STATE SPONSORED SPACEPORTS’’ after ‘‘AND REEN6 TRIES’’; and

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

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

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

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

11 by inserting at the end the following: ‘‘The Secretary shall

12 submit to the Committee on Science of the House of Rep13 resentatives and the Committee on Commerce, Science, and

14 Transportation of the Senate a written notice not later than

15 7 days after any occurrence when a license is not issued

16 within the deadline established by this subsection.’’.

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

18 amended—

19 (A) in subsection (a)(1), by inserting after sub20 paragraph (B) the following:

21 ‘‘The Secretary shall establish criteria and procedures for

22 determining the priority of competing requests from the pri23 vate sector and State governments for property and services

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

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

3 only’’; and

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

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

7 uniform guidelines for, and consistent implementation of,

8 this section by all Federal agencies.’’.

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

10 amended—

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

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

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

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

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

17 SEC. 202. OFFICE OF AIR AND SPACE COMMERCIALIZATION

18 AUTHORIZATION.

19 There are authorized to be appropriated to the Sec20 retary of Commerce for the activities of the Office of Air

21 and Space Commercialization, $457,000 for fiscal year

22 1996.
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1 SEC. 203. REQUIREMENT FOR INDEPENDENT COST

2 ANALYSIS.

3 The Chief Financial Officer for the National Aero4 nautics and Space Administration shall be responsible for

5 conducting independent cost analyses of all new projects es6 timated to cost more than $5,000,000 and shall report the

7 results annually to Congress at the time of the submission

8 of the President’s budget request. In developing cost ac9 counting and reporting standards for carrying out this sec10 tion, the Chief Financial Officer shall, to the extent prac11 ticable and consistent with other laws, solicit the advice of

12 expertise outside of the National Aeronautics and Space Ad13 ministration.

14 SEC. 204. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

15 AMENDMENTS.

16 (a) DECLARATION OF POLICY AND PURPOSE.—Section

17 102 of the National Aeronautics and Space Act of 1958 (42

18 U.S.C. 2451) is amended—

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

20 subsections (f) through (h) as subsections (e) through

21 (g), respectively; and

22 (2) in subsection (g), as so redesignated by para23 graph (1) of this subsection, by striking ‘‘(f), and (g)’’

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

2 the National Aeronautics and Space Act of 1958 (42 U.S.C.

3 2476(a)) is amended—

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

5 thereof ‘‘May’’; and

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

7 thereof ‘‘fiscal’’.

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

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

10 U.S.C. 2454) is amended—

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

12 after ‘‘subsection (b)’’; and

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

15 ‘‘(c)(1) The Administration may delay for a period not

16 to exceed 5 years the unrestricted public disclosure of tech17 nical data in the possession of, or under the control of, the

18 Administration that has been generated in the performance

19 of experimental, developmental, or research activities or

20 programs funded jointly by the Administration and the pri21 vate sector.

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

23 the National Aeronautics and Space Administration Au24 thorization Act, Fiscal Year 1996, the Administrator shall
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1 issue regulations to carry out this subsection. Paragraph

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

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

4 shall include—

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

6 data is technical data within the meaning of this sub7 section;

8 ‘‘(B) a requirement that a determination de9 scribed in subparagraph (A) that particular data is

10 technical data shall be reported to the Committee on

11 Science of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of

13 the Senate;

14 ‘‘(C) provisions to ensure that technical data is

15 available for dissemination within the United States

16 to United States persons and entities in furtherance

17 of the objective of maintaining leadership or competi18 tiveness in civil and governmental aeronautical and

19 space activities by the United States industrial base;

20 and

21 ‘‘(D) a specification of the period or periods for

22 which the delay in unrestricted public disclosure of

23 technical data is to apply to various categories of

24 such data, and the restrictions on disclosure of such

25 data during such period or periods, including a re-
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1 quirement that the maximum 5-year protection under

2 this subsection shall not be provided unless at least 50

3 percent of the funding for the activities or programs

4 is provided by the private sector.

5 ‘‘(4) Along with the initial publication of proposed reg6 ulations under paragraph (2), the Administrator shall in7 clude a list of those experimental, developmental, or re8 search activities or programs conducted by, or funded in

9 whole or in part by, the Administration that may result

10 in products or processes of significant value in maintaining

11 leadership or competitiveness in civil and governmental

12 aeronautical and space activities by the United States in13 dustrial base. Such list shall be updated biannually.

14 ‘‘(5) For purposes of this subsection, the term ‘tech15 nical data’ means any recorded information, including

16 computer software, that is or may be directly applicable

17 to the design, engineering, development, production, manu18 facture, or operation of products or processes that may have

19 significant value in maintaining leadership or competitive20 ness in civil and governmental aeronautical and space ac21 tivities by the United States industrial base.’’.

22 SEC. 205. PROCUREMENT.

23 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

24 (1) IN GENERAL.—The Administrator shall es25 tablish within the Office of Space Access and Tech-
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1 nology a program of expedited technology procure2 ment for the purpose of demonstrating how innovative

3 technology concepts can rapidly be brought to bear

4 upon space missions of the National Aeronautics and

5 Space Administration.

6 (2) PROCEDURES AND EVALUATION.—The Ad7 ministrator shall establish procedures for actively

8 seeking from persons outside the National Aeronautics

9 and Space Administration innovative technology con10 cepts relating to the provision of space hardware,

11 technology, or services to the National Aeronautics

12 and Space Administration, and for the evaluation of

13 such concepts by the National Aeronautics and Space

14 Administration’s Advisory Council against mission

15 requirements.

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

17 amounts authorized to be appropriated under section

18 102(a)(4) shall be used for innovative technology pro19 curements that are determined under paragraph (2)

20 of this subsection to meet mission requirements.

21 (4) SPECIAL AUTHORITY.—In order to carry out

22 this subsection the Administrator shall recruit and

23 hire for limited term appointments persons from out24 side the National Aeronautics and Space Administra25 tion with special expertise and experience related to
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1 the innovative technology concepts with respect to

2 which procurements are made under this subsection.

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

4 effective 10 years after the date of its enactment.

5 (b) TECHNOLOGY PROCUREMENT INITIATIVE.—

6 (1) IN GENERAL.—The Administrator shall co7 ordinate National Aeronautics and Space Adminis8 tration resources in the areas of procurement, com9 mercial programs, and advanced technology in order

10 to—

11 (A) fairly assess and procure commercially

12 available technology from the marketplace in the

13 most efficient manner practicable;

14 (B) achieve a continuous pattern of inte15 grating advanced technology from the commer16 cial sector, and from Federal sources outside the

17 National Aeronautics and Space Administration,

18 into the missions and programs of the National

19 Aeronautics and Space Administration;

20 (C) incorporate private sector buying and

21 bidding procedures, including fixed price con22 tracts, into procurements; and

23 (D) provide incentives for cost-plus contrac24 tors of the National Aeronautics and Space Ad25 ministration to integrate commercially available
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1 technology in subsystem contracts on a fixed2 price basis.

3 (2) CERTIFICATION.—Upon solicitation of any

4 procurement for space hardware, technology, or serv5 ices that are not commercially available, the Adminis6 trator shall certify, by publication of a notice and op7 portunity to comment in the Commerce Business

8 Daily, for each such procurement action, that no

9 functional equivalent, commercially available space

10 hardware, technology, or service exists and that no

11 commercial method of procurement is available.

12 SEC. 206. ADDITIONAL NATIONAL AERONAUTICS AND

13 SPACE ADMINISTRATION FACILITIES.

14 The Administrator shall not construct or enter into a

15 new lease for facilities to support National Aeronautics and

16 Space Administration programs unless the Administrator

17 has certified to the Congress that the Administrator has re18 viewed existing National Aeronautics and Space Adminis19 tration and other federally owned facilities, including mili20 tary facilities scheduled for closing or reduction, and found

21 no such facilities appropriate for the intended use.

22 SEC. 207. PURCHASE OF SPACE SCIENCE DATA.

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

24 the National Aeronautics and Space Administration shall

25 purchase from the private sector space science data. Exam-
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1 ples of such data include scientific data concerning the ele2 mental and mineralogical resources of the moon and the

3 planets, Earth environmental data obtained through remote

4 sensing observations, and solar storm monitoring.

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

6 purchase of space data under this section shall be awarded

7 in a process of full, fair, and open competitive bidding.

8 (2) Submission of cost data, either for the purposes of

9 supporting the bid or fulfillment of the contract, shall not

10 be required of bidders.

11 (3) Conformance with military specifications

12 (Milspec) or National Aeronautics and Space Administra13 tion specifications systems with respect to the design, con14 struction, or operation of equipment used in obtaining

15 space science data under contracts entered into under this

16 section shall not be a requirement for a commercial provider

17 bidding to provide such services.

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

19 the Federal Government to obtain ownership of data not

20 specifically sought by the Federal Government.

21 SEC. 208. REPORT ON MISSION TO PLANET EARTH.

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

23 6 months after the date of the enactment of this Act, trans24 mit to the Congress a report on Mission to Planet Earth.
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1 (b) CONTENTS.—The plan required by subsection (a)

2 shall include—

3 (1) an analysis of Earth observation systems of

4 other countries and the ways in which the United

5 States could benefit from such systems, including by

6 eliminating duplication of effort;

7 (2) an analysis of how the Department of De8 fense’s airborne and space sensor programs could be

9 used in Mission to Planet Earth;

10 (3) a plan for infusing advanced technology into

11 the Mission to Planet Earth program, including mile12 stones and an identification of available resources;

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

14 sector on how to innovatively accomplish the most

15 critical research on global climate change;

16 (5) an integrated plan for research in the Sci17 entific Research and Mission to Planet Earth enter18 prises of the National Aeronautics and Space Admin19 istration;

20 (6) a plan for developing metrics and milestones

21 to quantify the performance of work on Mission to

22 Planet Earth; and

23 (7) an analysis of how the United States Govern24 ment can—
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1 (A) most effectively utilize space-based and

2 airborne Earth remote sensing data, services,

3 distribution, and applications provided by the

4 United States private sector to meet Government

5 goals for Mission to Planet Earth; and

6 (B) evaluate and foster commercial data

7 sources, commercial archiving services, commer8 cial applications, and commercial distribution of

9 Mission to Planet Earth data.

10 SEC. 209. SHUTTLE PRIVATIZATION.

11 (a) POLICY AND PREPARATION.—The Administrator

12 shall prepare for an orderly transition from the Federal op13 eration, or Federal management of contracted operation, of

14 space transportation systems to the Federal purchase of

15 commercial space transportation services for all non16 emergency launch requirements, including human, cargo,

17 and mixed payloads. In those preparations, the Adminis18 trator shall take into account the need for short-term econo19 mies, as well as the goal of restoring the National Aero20 nautics and Space Administration’s research focus and its

21 mandate to promote the fullest possible commercial use of

22 space. As part of those preparations, the Administrator

23 shall plan for the potential privatization of the Space Shut24 tle program.
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1 (b) REQUEST FOR PROPOSALS.—Within 30 days after

2 the date of the enactment of this Act, the Administrator

3 shall publish in the Commerce Business Daily a request for

4 proposals to achieve a single prime contract for the space

5 shuttle program. The request for proposals shall include—

6 (1) a timetable and milestones for selecting a

7 single prime contractor not later than September 30,

8 1996;

9 (2) criteria for selection of the single prime con10 tractor;

11 (3) the annual target cost to be achieved by the

12 single prime contractor;

13 (4) proposed terms and conditions of the single

14 prime contract, including fee and incentives for

15 achieving the target cost, and for savings below the

16 target cost; and

17 (5) a requirement that each proposal be accom18 panied by a plan by the proposer to privatize the

19 space shuttle program.

20 (c) PRIVATIZATION PLANS.—The Administrator shall

21 forward all privatization plans received pursuant to sub22 section (b)(5) to the Congress not later than 30 days after

23 the deadline for submitting proposals under subsection (b).

24 (d) LIMITATION ON USE OF FUNDS.—None of the

25 funds authorized by this Act shall be used to plan or pre-
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1 pare for Federal Government, or federally contracted, oper2 ation of the Space Shuttle beyond the year 2012, nor for

3 studying, designing, or developing upgrades to the Shuttle

4 whose sole purpose is to extend the operational life of the

5 Space Shuttle system beyond 2012. Nothing in this Act shall

6 preclude the Federal, or federally contracted, operation of

7 the Space Shuttle through the year 2012, or the privatized

8 operation of the Space Shuttle after the year 2012.

9 SEC. 210. AERONAUTICAL RESEARCH AND TECHNOLOGY

10 FACILITIES.

11 Notwithstanding any other provision of law, no funds

12 may be obligated for fiscal year 1996 for Aeronautical Re13 search and Technology programs of the National Aero14 nautics and Space Administration in excess of amounts au15 thorized by this Act, except to the extent that the Adminis16 trator receives from non-Federal sources full reimbursement

17 of such excess amounts through payment of costs associated

18 with research at the aeronautical research and technology

19 facilities of the National Aeronautics and Space Adminis20 tration.

21 SEC. 211. LAUNCH VOUCHER DEMONSTRATION PROGRAM

22 AMENDMENTS.

23 Section 504 of the National Aeronautics and Space

24 Administration Authorization Act, Fiscal Year 1993 (15

25 U.S.C. 5803) is amended—
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1 (1) in subsection (a)—

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

3 Programs within’’; and

4 (B) by striking ‘‘Such program shall not be

5 effective after September 30, 1995.’’;

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

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

8 subsections (c) and (d), respectively.

9 SEC. 212. PRIVATIZATION OF MICROGRAVITY PARABOLIC

10 FLIGHT OPERATIONS.

11 (a) FINDING.—The Congress finds that no national se12 curity or mission critical justification exists for the Na13 tional Aeronautics and Space Administration to maintain

14 its own fleet of aircraft to provide a short duration micro15 gravity environment via parabolic flight.

16 (b) PRIVATIZATION OF FLIGHT OPERATIONS.—(1) The

17 Administrator shall privatize all parabolic flight aircraft

18 operations conducted by or for the National Aeronautics

19 and Space Administration in support of microgravity re20 search, astronaut training, and other functions, through is21 suance of one or more long-term, renewable, block purchase

22 contracts for the performance of such operations by United

23 States private sector providers.

24 (2) Within 30 days after the date of the enactment of

25 this Act, the Administrator shall issue a request for propos-
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1 als to provide services as described in paragraph (1). The

2 Administrator shall coordinate the process of review of such

3 proposals, and shall oversee the transfer of such operations

4 to the private sector.

5 (3) Within 6 months after the issuance of a request

6 for proposals under paragraph (2), the Administrator shall

7 award one or more contracts for microgravity parabolic

8 flight services, and shall cease all National Aeronautics and

9 Space Administration-operated parabolic aircraft flights,

10 and shall thereafter procure all microgravity parabolic

11 flight services from private sector providers. National Aero12 nautics and Space Administration experimenters, and Na13 tional Aeronautics and Space Administration-funded ex14 perimenters, who would otherwise use National Aeronautics

15 and Space Administration-owned or operated microgravity

16 parabolic flight aircraft, shall be issued vouchers for the

17 procurement of microgravity parabolic flight services from

18 the private sector.

19 SEC. 213. ELIGIBILITY FOR AWARDS.

20 (a) IN GENERAL.—The Administrator shall exclude

21 from consideration for awards of financial assistance made

22 by the National Aeronautics and Space Administration

23 after fiscal year 1995 any person who received funds, other

24 than those described in subsection (b), appropriated for a

25 fiscal year after fiscal year 1995, from any Federal funding
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1 source for a project that was not subjected to a competitive,

2 merit-based award process. Any exclusion from consider3 ation pursuant to this section shall be effective for a period

4 of 5 years after the person receives such Federal funds.

5 (b) EXCEPTION.—Subsection (a) shall not apply to

6 awards to persons who are members of a class specified by

7 law for which assistance is awarded to members of the class

8 according to a formula provided by law.

9 SEC. 214. PROHIBITION OF LOBBYING ACTIVITIES.

10 None of the funds authorized by this Act shall be avail11 able for any activity whose purpose is to influence legisla12 tion pending before the Congress, except that this shall not

13 prevent officers or employees of the United States or of its

14 departments or agencies from communicating to Members

15 of Congress on the request of any Member or to Congress,

16 through the proper channels, requests for legislation or ap17 propriations which they deem necessary for the efficient

18 conduct of the public business.

19 SEC. 215. LIMITATION ON APPROPRIATIONS.

20 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

21 1996.—Notwithstanding any other provision of law, no

22 sums are authorized to be appropriated for fiscal year 1996

23 for the activities for which sums are authorized by this Act

24 unless such sums are specifically authorized to be appro25 priated by this Act.
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1 (b) SUBSEQUENT FISCAL YEARS.—No sums are au2 thorized to be appropriated for any fiscal year after fiscal

3 year 1996 for the activities for which sums are authorized

4 by this Act unless such sums are specifically authorized to

5 be appropriated by Act of Congress with respect to such fis6 cal year.

7 SEC. 216. UNITARY WIND TUNNEL PLAN ACT OF 1949

8 AMENDMENTS.

9 The Unitary Wind Tunnel Plan Act of 1949 is amend10 ed—

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

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

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

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

15 (A) by striking ‘‘laboratories’’ in subsection

16 (a) and inserting in lieu thereof ‘‘laboratories

17 and centers’’;

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

19 (a) and inserting in lieu thereof ‘‘transonic, su20 personic, and hypersonic’’; and

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

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

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