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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2043 Introduced in House (IH)]

  1st Session
                                H. R. 2043

   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

_______________________________________________________________________

                                 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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1996''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The National Aeronautics and Space Administration has 
        failed to request sufficient funds to perform all missions it 
        has proposed in annual budget requests. For fiscal year 1996, 
        the budget requested is $140,000,000 below the amount required 
        to fulfill program commitments made by the fiscal year 1995 
        budget approved by Congress. The request for fiscal year 1996 
        proposes continued underfunding of the requirements of the 
        National Aeronautics and Space Administration by $439,000,000 
        for fiscal year 1997, $847,000,000 for fiscal year 1998, 
        $1,189,000,000 for fiscal year 1999, and $1,532,000,000 for 
        fiscal year 2000.
            (2) In order to close the gap between projected program 
        requirements and the underfunding requested, the National 
        Aeronautics and Space Administration should aggressively pursue 
        actions and reforms directed at reducing institutional costs, 
        including management restructuring, facility consolidation, 
        procurement reform, personnel base downsizing, and convergence 
        with other defense and private sector systems.
            (3) While institutional reforms, restructurings, and 
        downsizing hold the promise of comporting the projected needs 
        of the National Aeronautics and Space Administration with 
        funding levels requested by the Administration, such reforms 
        provide no guarantee against cancellation of missions in the 
        event reform efforts fail to achieve cost reduction targets.
            (4) The National Aeronautics and Space Administration must 
        reverse its current trend toward becoming an operational 
        agency, and return to its proud history as the Nation's leader 
        in basic scientific air and space research.
            (5) Commercial space activity is in a delicate stage of 
        growth but has the potential to eclipse Federal space activity 
        in its economic return to the Nation if not stifled.
            (6) The United States is on the verge of creating and using 
        new technologies in microsatellites, information processing, 
        and space launch that could radically alter the manner in which 
        the Government approaches its space mission.
            (7) In formulating a national space transportation service 
        policy, the National Aeronautics and Space Administration 
        should agressively pursue reverse contracting opportunities to 
        support the private sector development of advanced space 
        transportation technologies including reusable space vehicles, 
        single-stage-to-orbit vehicles, and manned space systems.
            (8) International cooperation in space exploration and 
        science activities serves the United States national interest--
                    (A) when it--
                            (i) reduces the cost of undertaking 
                        missions the United States Government would 
                        pursue unilaterally;
                            (ii) enables the United States to pursue 
                        missions that it could not otherwise afford to 
                        pursue unilaterally; or
                            (iii) enhances United States capabilities 
                        to use and develop space for the benefit of 
                        United States citizens; and
                    (B) when it does not--
                            (i) otherwise harm or interfere with the 
                        ability of United States private sector firms 
                        to develop or explore space commercially;
                            (ii) interfere with the ability of Federal 
                        agencies to use space to complete their 
                        missions;
                            (iii) undermine the ability of United 
                        States private enterprise to compete favorably 
                        with foreign entities in the commercial space 
                        arena; or
                            (iv) transfer sensitive or commercially 
                        advantageous technologies or knowledge from the 
                        United States to other countries or foreign 
                        entities except as required by those countries 
                        or entities to make their contribution to a 
                        multilateral space project in partnership with 
                        the United States, or on a quid pro quo basis.
            (9) The National Aeronautics and Space Administration and 
        the Department of Defense can cooperate more effectively in 
        leveraging their mutual capabilities to conduct joint space 
        missions that improve United States space capabilities and 
        reduce the cost of conducting space missions.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration; and
            (2) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 101. HUMAN SPACE FLIGHT.

    (a) Authorizations.--There are authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 1996 for 
Human Space Flight the following amounts:
            (1) For Space Shuttle Operations, $2,341,800,000.
            (2) For Space Shuttle Safety and Performance Upgrades, 
        $837,000,000.
            (3) For Payload and Utilization Operations, $315,000,000.
            (4) For Russian Cooperation, $100,000,000.
    (b) Construction of Facilities.--(1) Of the funds authorized to be 
appropriated under subsection (a)(2), $5,000,000 are authorized for 
modernization of the Firex System, Pads A and B, Kennedy Space Center.
    (2) Of the funds authorized to be appropriated under subsection 
(a)(2), $7,500,000 are authorized for replacement of the Chemical 
Analysis Facility, Kennedy Space Center.
    (3) Of the funds authorized to be appropriated under subsection 
(a)(2), $4,900,000 are authorized for replacement of the Space Shuttle 
Main Engine Processing Facility, Kennedy Space Center.

SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    (a) Authorizations.--There are authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 1996 for 
Science, Aeronautics, and Technology the following amounts:
            (1) For Space Science, $1,995,400,000, of which--
                    (A) $1,167,600,000 are authorized for Physics and 
                Astronomy, of which $51,500,000 shall be for the 
                Gravity Probe B, except that no funds are authorized 
                for the Space Infrared Telescope Facility; and
                    (B) $827,800,000 are authorized for Planetary 
                Exploration, of which $30,000,000 shall be for the New 
                Millennium Spacecraft, including $5,000,000 for the 
                National Aeronautics and Space Administration's 
                participation in Clementine 2 (Air Force Program 
                Element 0603401F Advanced Spacecraft Technology).
            (2) For Life and Microgravity Sciences and Applications, 
        $293,200,000.
            (3) For Mission to Planet Earth, $1,013,100,000, of which 
        $21,500,000 shall only be for activities described in section 
        208(7), except that no funds are authorized for the Consortium 
        for International Earth Science Information Network, the Global 
        Observations to Benefit the Environment, or the Topex Poseidon 
        Follow-On mission. Funds authorized by this paragraph may not 
        be expended to duplicate private sector or other Federal 
        activities or to procure systems to provide data unless the 
        Administrator certifies to Congress that no private sector or 
        Federal entity can provide suitable data in a timely manner. 
        Notwithstanding any other provision of law, funds in excess of 
        those authorized by this paragraph may not be obligated for 
        Mission To Planet Earth.
            (4) For Space Access and Technology, $639,800,000 of 
        which--
                    (A) $193,000,000 are authorized for Advanced Space 
                Transportation;
                    (B) $10,000,000 are authorized to be made available 
                for defraying the costs of converting or redesigning 
                commercially inconsistent elements of former Federal 
                facilities or to take actions required for conformance 
                with Federal laws or regulations relating to commercial 
                space transportation infrastructure, to remain 
                available until expended;
                    (C) $20,000,000 shall be for continuing the Launch 
                Voucher Demonstration Program authorized under section 
                504 of the National Aeronautics and Space 
                Administration Authorization Act, Fiscal Year 1993 (15 
                U.S.C. 5803); and
                    (D) $33,900,000 are authorized for the Small 
                Spacecraft Technology Initiative, except that funds for 
                such Initiative may not be expended to duplicate 
                private sector activities or to fund any activities 
                that a private sector entity is proposing to carry out 
                for commercial purposes. No funds are authorized under 
                this paragraph for the Partnership for Next Generation 
                Vehicle.
            (5) For Aeronautical Research and Technology, $826,900,000, 
        of which--
                    (A) $354,700,000 are authorized for Research and 
                Technology Base activities;
                    (B) $245,500,000 are authorized for High Speed 
                Research;
                    (C) $133,000,000 are authorized for Advanced 
                Subsonic Technology, except that no funds are 
                authorized for concept studies for Advanced Traffic 
                Management and Affordable Design and Manufacturing;
                    (D) $40,200,000 are authorized for High-Performance 
                Computing and Communications; and
                    (E) $48,100,000 are authorized for Numerical 
                Aerodynamic Simulation.
            (6) For Mission Communication Services, $461,300,000.
            (7) For Academic Programs, $102,200,000.
    (b) Construction of Facilities.--(1) Of the funds authorized to be 
appropriated under subsection (a)(3), $17,000,000 are authorized for 
construction of the Earth Systems Science Building, Goddard Space 
Flight Center.
    (2) Of the funds authorized to be appropriated under subsection 
(a)(5), $5,400,000 are authorized for modernization of the Unitary Plan 
Wind Tunnel Complex, Ames Research Center.
    (3) Of the funds authorized to be appropriated under subsection 
(a)(2), $3,000,000 are authorized for the construction of an addition 
to the Microgravity and Development Laboratory, Marshall Space Flight 
Center.

SEC. 103. MISSION SUPPORT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for fiscal year 1996 for Mission Support the 
following amounts:
            (1) For Safety, Reliability, and Quality Assurance, 
        $37,600,000.
            (2) For Space Communication Services, $319,400,000.
            (3) For Construction of Facilities, including land 
        acquisition, $152,600,000, of which--
                    (A) $6,300,000 shall be for restoration of Flight 
                Systems Research Laboratory, Ames Research Center;
                    (B) $3,000,000 shall be for restoration of chilled 
                water distribution system, Goddard Space Flight Center;
                    (C) $4,800,000 shall be for replacing chillers, 
                various buildings, Jet Propulsion Laboratory;
                    (D) $1,100,000 shall be for rehabilitation of 
                electrical distribution system, White Sands Test 
                Facility, Johnson Space Center;
                    (E) $4,200,000 shall be for replacement of main 
                substation switchgear and circuit breakers, Johnson 
                Space Center;
                    (F) $1,800,000 shall be for replacement of 15kV 
                load break switches, Kennedy Space Center;
                    (G) $9,000,000 shall be for rehabilitation of 
                Central Air Equipment Building, Lewis Research Center;
                    (H) $4,700,000 shall be for restoration of high 
                pressure air compressor system, Marshall Space Flight 
                Center;
                    (I) $6,800,000 shall be for restoration of 
                Information and Electronic Systems Laboratory, Marshall 
                Space Flight Center;
                    (J) $1,400,000 shall be for restoration of canal 
                lock, Stennis Space Center;
                    (K) $2,500,000 shall be for restoration of primary 
                electrical distribution system, Wallops Flight 
                Facility;
                    (L) $30,000,000 shall be for repair of facilities 
                at various locations, not in excess of $1,500,000 per 
                project;
                    (M) $30,000,000 shall be for rehabilitation and 
                modification of facilities at various locations, not in 
                excess of $1,500,000 per project;
                    (N) $2,000,000 shall be for minor construction of 
                new facilities and additions to existing facilities at 
                various locations, not in excess of $750,000 per 
                project;
                    (O) $10,000,000 shall be for facility planning and 
                design not otherwise provided for; and
                    (P) $35,000,000 shall be for environmental 
                compliance and restoration.
            (4) For Research and Program Management, including 
        personnel and related costs, travel, and research operations 
        support, $2,094,800,000.
SEC. 104. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Inspector General, $17,300,000 for fiscal 
year 1996.

SEC. 105. TOTAL AUTHORIZATION.

    Notwithstanding any other provision of this title, the total amount 
authorized to be appropriated under this Act shall not exceed 
$11,547,400,000 for fiscal year 1996.
     Subtitle B--Restructuring the National Aeronautics and Space 
                             Administration

SEC. 111. FINDINGS.

    The Congress finds that--
            (1) the restructuring of the National Aeronautics and Space 
        Administration is essential to accomplishing the space missions 
        of the United States while simultaneously balancing the Federal 
        budget;
            (2) to restructure the National Aeronautics and Space 
        Administration rapidly without reducing mission content and 
        safety requires objective financial judgment;
            (3) no effort has been undertaken by the National 
        Aeronautics and Space Administration to perform a formal 
        economic review of its missions and the Federal assets that 
        support them;
            (4) therefore it is premature and unwarranted to attempt 
        closing any National Aeronautics and Space Administration field 
        center until an asset-based review of United States space 
        missions and capabilities to support them is performed; and
            (5) cost savings from the closing of National Aeronautics 
        and Space Administration field centers are speculative and 
        potentially injurious to mission goals, unless derived from an 
        asset-based analysis.

SEC. 112. ASSET-BASED REVIEW.

    (a) Request for Proposals.--Not later than 30 days after the date 
of the enactment of this Act, the Administrator shall publish in the 
Commerce Business Daily a request for proposals to perform a National 
Aeronautics and Space Administration asset-based review.
    (b) Qualified Proposals.--Qualified proposals to perform the asset-
based review under this section shall be from United States persons 
whose primary business is corporate financial strategy, investment 
banking, accounting, or asset management. All proposals shall, at a 
minimum, propose to review, for each capital asset owned by the 
National Aeronautics and Space Administration--
            (1) its primary function or purpose in relationship to a 
        program, mission, or activity of the National Aeronautics and 
        Space Administration;
            (2) the existence of other capital assets which duplicate 
        or overlap with such function or purpose;
            (3) the Federal and non-Federal users thereof; and
            (4) its necessity to carry out a program, mission, or 
        activity of the National Aeronautics and Space Administration.
    (c) Report.--The contractor selected to perform the asset-based 
review under this section shall complete such review and transmit to 
the Administrator and the Congress, no later than July 31, 1996, a 
report containing, at a minimum--
            (1) for each National Aeronautics and Space Administration 
        field center facility--
                    (A) a list of capital assets that should be 
                permanently retired or disposed of;
                    (B) a list of capital assets that may be 
                transferred to non-Federal institutions and 
                corporations, if the transfer of such asset is cost 
                effective; and
                    (C) a list of capital assets essential to the 
                conduct of National Aeronautics and Space 
                Administration programs, missions, or activities, and a 
                justification for retaining the asset;
            (2) for each National Aeronautics and Space Administration 
        program element--
                    (A) a list of capital assets essential to the 
                conduct of the program element; and
                    (B) a plan for achieving the most cost-effective 
                consolidation and efficient use of necessary capital 
                assets to support such program
                 element, including the use of non-Federal assets where 
appropriate; and
            (3) for each National Aeronautics and Space Administration 
        capital asset--
                    (A) the total annual cost of maintaining and 
                operating such capital asset, including Federal 
                employee and contractor costs;
                    (B) the depreciated cost, replacement cost, and 
                salvage value; and
                    (C) the most cost-effective strategy for 
                maintaining, replacing, upgrading, or disposing of the 
                capital asset, as appropriate.
    (d) Implementation.--The Administrator shall consider the results 
of the asset-based review conducted under this section, and based on 
the Administrator's recommendations, the President shall propose to 
Congress legislation required to implement those recommendations no 
later than September 30, 1996.
    (e) Closing of Field Centers.--The Administrator shall not close 
any National Aeronautics and Space Administration field center until 
after the asset-based review report is transmitted under subsection 
(c), and may only close field centers that would become obsolete as a 
result of the implementation of the Administrator's recommendations, 
and may do so only after enactment of legislation implementing those 
recommendations.

             Subtitle C--Limitations and Special Authority

SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--Funds appropriated under sections 101(a), 
102(a), and 103 (1) and (2), and funds appropriated for research 
operations support under section 103(4), may be used for the 
construction of new facilities and additions to, repair of, 
rehabilitation of, or modification of existing facilities at any 
location in support of the purposes for which such funds are 
authorized.
    (b) Limitation.--None of the funds used pursuant to subsection (a) 
may be expended for a project, the estimated cost of which to the 
National Aeronautics and Space Administration, including collateral 
equipment, exceeds $500,000, until 30 days have passed after the 
Administrator has notified the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate of the nature, location, and estimated 
cost to the National Aeronautics and Space Administration of such 
project.
    (c) Title to Facilities.--If funds are used pursuant to subsection 
(a) for grants to institutions of higher education, or to nonprofit 
organizations whose primary purpose is the conduct of scientific 
research, for purchase or construction of additional research 
facilities, title to such facilities shall be vested in the United 
States unless the Administrator determines that the national program of 
aeronautical and space activities will best be served by vesting title 
in the grantee institution or organization. Each such grant shall be 
made under such conditions as the Administrator shall determine to be 
required to ensure that the United States will receive therefrom 
benefits adequate to justify the making of that grant.

SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    (a) In General.--Appropriations authorized under any paragraph of 
section 101(b), 102(b), or 103(3)--
            (1) may be varied upward by 10 percent in the discretion of 
        the Administrator; or
            (2) may be varied upward by 25 percent, to meet unusual 
        cost variations, after the expiration of 15 days following a 
        report on the circumstances of such action by the Administrator 
        to the Committee on Science of the House of Representatives and 
        the Committee on Commerce, Science, and Transportation of the 
        Senate.
The aggregate amount authorized to be appropriated under sections 
101(b), 102(b), and 103(3) shall not be increased as a result of 
actions authorized under paragraphs (1) and (2) of this subsection.
    (b) Special Rule.--Where the Administrator determines that new 
developments in the national program of aeronautical and space 
activities have occurred; and that such developments require the use of 
additional funds for the purposes of construction, expansion, or 
modification of facilities at any location; and that deferral of such 
action until the enactment of the next National Aeronautics and Space 
Administration Authorization Act would be inconsistent with the 
interest of the Nation in aeronautical and space activities, the 
Administrator may use up to $10,000,000 of the amounts authorized under 
section 101(b), 102(b), or 103(3) for each fiscal year for such 
purposes. No such funds may be obligated until a period of 30 days has 
passed after the Administrator has transmitted to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives a written report describing 
the nature of the construction, its costs, and the reasons therefor.
SEC. 124. CONSIDERATION BY COMMITTEES.

    Notwithstanding any other provision of law--
            (1) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program for which the 
        President's annual budget request included a request for 
        funding, but for which the Congress denied or did not provide 
        funding;
            (2) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program in excess of 
        the amount actually authorized for the particular program by 
        subtitle A; and
            (3) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program which has not 
        been presented to the Congress in the President's annual budget 
        request or the supporting and ancillary documents thereto,
unless a period of 30 days has passed after the receipt by the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate of notice given 
by the Administrator containing a full and complete statement of the 
action proposed to be taken and the facts and circumstances relied upon 
in support of such proposed action. The National Aeronautics and Space 
Administration shall keep the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate fully and currently informed with respect 
to all activities and responsibilities within the jurisdiction of those 
committees. Except as otherwise provided by law, any Federal 
department, agency, or independent establishment shall furnish any 
information requested by either committee relating to any such activity 
or responsibility.

SEC. 125. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.

    (a) Reports to Congress.--Not later than 30 days after the later of 
the date of enactment of an Act making appropriations to the National 
Aeronautics and Space Administration for fiscal year 1996 and the date 
of enactment of this Act, the Administrator shall submit a report to 
Congress and to the Comptroller General which specifies--
            (1) the portion of such appropriations which are for 
        programs, projects, or activities not authorized under subtitle 
        A of this title, or which are in excess of amounts authorized 
        for the relevant program, project, or activity under this Act; 
        and
            (2) the portion of such appropriations which are authorized 
        under this Act.
    (b) Federal Register Notice.--The Administrator shall, coincident 
with the submission of the report required by subsection (a), publish 
in the Federal Register a notice of all programs, projects, or 
activities for which funds are appropriated but which were not 
authorized under this Act, and solicit public comment thereon regarding 
the impact of such programs, projects, or activities on the conduct and 
effectiveness of the national aeronautics and space program.
    (c) Limitation.--Notwithstanding any other provision of law, no 
funds may be obligated for any programs, projects, or activities of the 
National Aeronautics and Space Administration for fiscal year 1996 not 
authorized under this Act until 30 days have passed after the close of 
the public comment period contained in the notice required in 
subsection (b).

SEC. 126. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
              EXPENSES.

    Not more than $30,000 of the funds appropriated under section 102 
may be used for scientific consultations or extraordinary expenses, 
upon the authority of the Administrator.

SEC. 127. LIMITATION ON TRANSFERS TO RUSSIA.

    (a) Limitation.--No funds authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 1996 may 
be paid or otherwise transferred to Russia unless--
            (1) the purpose of the payment or transfer is authorized by 
        this Act;
            (2) the payment or transfer is made in exchange for goods 
        or services that have been provided to the National Aeronautics 
        and Space Administration in accordance with a written agreement 
        between the National Aeronautics and Space Administration and 
        Russia;
            (3) the Government of the Russian Federation agrees to 
        provide a monthly report to the National Aeronautics and Space 
        Administration during the term of such written agreement, that 
        fully accounts for the disposition of the funds paid or 
        transferred, including information with respect to the 
        preceding month on--
                    (A) the amount of the funds received, and the date 
                of receipt;
                    (B) the amount of the funds converted from United 
                States currency, the currency into which the funds have 
                been converted, and the date and rate of conversion;
                    (C) the amount of non-United States currency, and 
                of United States currency, that is disbursed to any 
                contractor or subcontractor, the identity of such 
                contractor or subcontractor, and the date of 
                disbursement; and
                    (D) the balance of the funds not disbursed as of 
                the date of the report;
            (4) Russia has provided all monthly reports with respect to 
        which an agreement was made pursuant to paragraph (3); and
            (5) the President, before such payment or transfer and 
        annually upon submission of the President's budget request for 
        fiscal years after fiscal year 1996, has certified to the 
        Congress that--
                    (A) the presence of any troops of the Russian 
                Federation or the Commonwealth of Independent States; 
                and
                    (B) any action by the Russian Federation or the 
                Commonwealth of Independent States,
        in Estonia, Latvia, Lithuania, or any other independent state 
        of the former Soviet Union do not violate the sovereignty of 
        those independent states.
    (b) Definition.--For purposes of this section, the term ``Russia'' 
means the Government of the Russian Federation, the Russian Space 
Agency, or any agency or instrumentality of the Government of the 
Russian Federation or the Russian Space Agency.

                   TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. COMMERCIAL SPACE LAUNCH AMENDMENTS.

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

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

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

``70109. Preemption of scheduled launches or reentries.'';
            (2) in section 70101--
                    (A) by inserting ``microgravity research,'' after 
                ``information services,'' in subsection (a)(3);
                    (B) by inserting ``, reentry,'' after ``launching'' 
                both places it appears in subsection (a)(4);
                    (C) by inserting ``, reentry vehicles,'' after 
                ``launch vehicles'' in subsection (a)(5);
                    (D) by inserting ``and reentry services'' after 
                ``launch services'' in subsection (a)(6);
                    (E) by inserting ``, reentries,'' after 
                ``launches'' both places it appears in subsection 
                (a)(7);
                    (F) by inserting ``, reentry sites,'' after 
                ``launch sites'' in subsection (a)(8);
                    (G) by inserting ``and reentry services'' after 
                ``launch services'' in subsection (a)(8);
                    (H) by inserting ``reentry sites,'' after ``launch 
                sites,'' in subsection (a)(9);
                    (I) by inserting ``and reentry site'' after 
                ``launch site'' in subsection (a)(9);
                    (J) by inserting ``, reentry vehicles,'' after 
                ``launch vehicles'' in subsection (b)(2);
                    (K) by striking ``launch'' in subsection (b)(2)(A);
                    (L) by inserting ``and reentry'' after ``commercial 
                launch'' in subsection (b)(3);
                    (M) by striking ``launch'' after ``and transfer 
                commercial'' in subsection (b)(3); and
                    (N) by inserting ``and development of reentry 
                sites,'' after ``launch-site support facilities,'' in 
                subsection (b)(4);
            (3) in section 70102--
                    (A) by inserting ``from Earth'' after ``and any 
                payload'' in paragraph (3);
                    (B) by redesignating paragraphs (10) through (12) 
                as paragraphs (14) through (16), respectively;
                    (C) by inserting after paragraph (9) the following 
                new paragraphs:
            ``(10) `reenter' and `reentry' mean to return or attempt to 
        return, purposefully, a reentry vehicle and its payload, if 
        any, from Earth orbit or from outer space to Earth.
            ``(11) `reentry services' means--
                    ``(A) activities involved in the preparation of a 
                reentry vehicle and its payload, if any, for reentry; 
                and
                    ``(B) the conduct of a reentry.
            ``(12) `reentry site' means the location on Earth to which 
        a reentry vehicle is intended to return (as defined in a 
        license the Secretary issues or transfers under this chapter).
            ``(13) `reentry vehicle' means a vehicle designed to return 
        from Earth orbit or outer space to Earth substantially 
        intact.''; and
                    (D) by inserting ``or reentry services'' after 
                ``launch services'' each place it appears in paragraph 
                (15), as so redesignated by subparagraph (B) of this 
                paragraph;
            (4) in section 70103(b)--
                    (A) by inserting ``and Reentries'' after 
                ``Launches'' in the subsection heading;
                    (B) by inserting ``and reentries'' after ``space 
                launches'' in paragraph (1); and
                    (C) by inserting ``and reentry'' after ``space 
                launch'' in paragraph (2);
            (5) in section 70104--
                    (A) by amending the section designation and heading 
                to read as follows:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
                    (B) by inserting ``or reentry site, or reenter a 
                reentry vehicle,'' after ``operate a launch site'' each 
                place it appears in subsection (a);
                    (C) by inserting ``or reentry'' after ``launch or 
                operation'' in subsection (a) (3) and (4);
                    (D) in subsection (b)--
                            (i) by striking ``launch license'' and 
                        inserting in lieu thereof ``license'';
                            (ii) by inserting ``or reenter'' after 
                        ``may launch''; and
                            (iii) by inserting ``or reentering'' after 
                        ``related to launching''; and
                    (E) in subsection (c)--
                            (i) by amending the subsection heading to 
                        read as follows: ``Preventing Launches and 
                        Reentries.--'';
                            (ii) by inserting ``or reentry'' after 
                        ``prevent the launch''; and
                            (iii) by inserting ``or reentry'' after 
                        ``decides the launch'';
            (6) in section 70105--
                    (A) by inserting ``or reentry site, or reentry of a 
                reentry vehicle,'' after ``operation of a launch site'' 
                in subsection (b)(1); and
                    (B) by striking ``or operation'' and inserting in 
                lieu thereof ``, operation, or reentry'' in subsection 
                (b)(2)(A);
            (7) in section 70106(a)--
                    (A) by inserting ``or reentry site'' after 
                ``observer at a launch site''; and
                    (B) by inserting ``or reentry vehicle'' after 
                ``assemble a launch vehicle'';
            (8) in section 70108--
                    (A) by amending the section designation and heading 
                to read as follows:
``Sec. 70108. Prohibition, suspension, and end of launches, operation 
              of launch sites and reentry sites, and reentries'';
                and
                    (B) in subsection (a)--
                            (i) by inserting ``or reentry site, or 
                        reentry of a reentry vehicle,'' after 
                        ``operation of a launch site''; and
                            (ii) by inserting ``or reentry'' after 
                        ``launch or operation'';
            (9) in section 70109--
                    (A) by amending the section designation and heading 
                to read as follows:
``Sec. 70109. Preemption of scheduled launches or reentries'';
                    (B) in subsection (a)--
                            (i) by inserting ``or reentry'' after 
                        ``ensure that a launch'';
                            (ii) by inserting ``, reentry site,'' after 
                        ``United States Government launch site'';
                            (iii) by inserting ``or reentry date 
                        commitment'' after ``launch date commitment'';
                            (iv) by inserting ``or reentry'' after 
                        ``obtained for a launch'';
                            (v) by inserting ``, reentry site,'' after 
                        ``access to a launch site'';
                            (vi) by inserting ``, or services related 
                        to a reentry,'' after ``amount for launch 
                        services''; and
                            (vii) by inserting ``or reentry'' after 
                        ``the scheduled launch''; and
                    (C) in subsection (c), by inserting ``or reentry'' 
                after ``prompt launching'';
            (10) in section 70110--
                    (A) by inserting ``or reentry'' after ``prevent the 
                launch'' in subsection (a)(2); and
                    (B) by inserting ``or reentry site, or reentry of a 
                reentry vehicle,'' after ``operation of a launch site'' 
                in subsection (a)(3)(B);
            (11) in section 70111--
                    (A) by inserting ``and reentry services'' after 
                ``launch services'' in subsection (a)(1)(B);
                    (B) by inserting ``or reentry services'' after ``or 
                launch services'' in subsection (a)(2);
                    (C) by inserting ``or reentry'' after ``commercial 
                launch'' both places it appears in subsection (b)(1);
                    (D) by inserting ``or reentry services'' after 
                ``launch services'' in subsection (b)(2)(C);
                    (E) by striking ``or its payload for launch'' in 
                subsection (d) and inserting in lieu thereof ``or 
                reentry vehicle, or the payload of either, for launch 
                or reentry''; and
                    (F) by inserting ``, reentry vehicle,'' after 
                ``manufacturer of the launch vehicle'' in subsection 
                (d);
            (12) in section 70112--
                    (A) by inserting ``or reentry'' after ``one 
                launch'' in subsection (a)(3);
                    (B) by inserting ``or reentry services'' after 
                ``launch services'' in subsection (a)(4);
                    (C) by inserting ``or reentry services'' after 
                ``launch services'' each place it appears in subsection 
                (b);
                    (D) by striking ``, Space, and Technology'' in 
                subsection (d);
                    (E) by inserting ``or Reentries'' after 
                ``Launches'' in the heading for subsection (e); and
                    (F) by inserting ``or reentry site or a reentry'' 
                after ``launch site'' in subsection (e);
            (13) in section 70113(a)(1) and (d)(1) and (2), by 
        inserting ``or reentry'' after ``one launch'' each place it 
        appears;
            (14) in section 70115(b)(1)(D)(i)--
                    (A) by inserting ``reentry site,'' after ``launch 
                site,''; and
                    (B) by inserting ``or reentry vehicle'' after 
                ``launch vehicle'' both places it appears;
            (15) in section 70117--
                    (A) by inserting ``or reentry site or reenter a 
                reentry vehicle'' after ``operate a launch site'' in 
                subsection (a);
                    (B) by inserting ``or reentry'' after ``approval of 
                a space launch'' in subsection (d);
                    (C) by amending subsection (f) to read as follows:
    ``(f) Launch Not an Export; Reentry Not an Import.--A launch 
vehicle, reentry vehicle, or payload that is launched or reentered is 
not, because of the launch or reentry, an export or import, 
respectively, for purposes of a law controlling exports or imports.''; 
and
                    (D) in subsection (g)--
                            (i) by striking ``operation of a launch 
                        vehicle or launch site,'' in paragraph (1) and 
                        inserting in lieu thereof ``reentry, operation 
                        of a launch vehicle or reentry vehicle, or 
                        operation of a launch site or reentry site,'';
                            (ii) by striking ``or'' at the end of 
                        paragraph (1);
                            (iii) by inserting ``reentry,'' after 
                        ``launch,'' in paragraph (2);
                            (iv) by striking the period at the end of 
                        paragraph (2) and inserting in lieu thereof ``; 
                        or''; and
                            (v) by adding at the end the following new 
                        paragraph:
            ``(3) any amateur and similar small rocket activities, as 
        defined by the Secretary by regulation.'';
            (16) in section 70119, by inserting the following after 
        paragraph (2):
``There are authorized to be appropriated to the Secretary of 
Transportation $6,000,000 to carry out this chapter for fiscal year 
1996. None of the funds authorized by this section may be expended for 
policy development or analysis activities not directly related to the 
Secretary's regulatory responsibilities under this chapter.''.
    (b) Additional Amendments.--(1) Section 70105 of title 49, United 
States Code, is amended--
            (A) by inserting ``(1)'' before ``A person may apply'' in 
        subsection (a);
            (B) by striking ``receiving an application'' both places it 
        appears in subsection (a) and inserting in lieu thereof 
        ``accepting an application in accordance with criteria 
        established pursuant to subsection (b)(2)(D)'';
            (C) by adding at the end of subsection (a) the following 
        new paragraph:
    ``(2) In carrying out paragraph (1), the Secretary may establish 
procedures for certification of the safety of a launch vehicle, reentry 
vehicle, or safety system, procedure, service, or personnel that may be 
used in conducting licensed commercial space launch or reentry 
activities.'';
            (D) by striking ``and'' at the end of subsection (b)(2)(B);
            (E) by striking the period at the end of subsection 
        (b)(2)(C) and inserting in lieu thereof ``; and'';
            (F) by adding at the end of subsection (b)(2) the following 
        new subparagraph:
            ``(D) regulations establishing criteria for accepting or 
        rejecting an application for a license under this chapter 
        within 60 days after receipt of such application.''; and
            (G) by inserting ``, or the requirement to obtain a 
        license,'' after ``waive a requirement'' in subsection (b)(3).
    (2) The amendment made by paragraph (1)(B) shall take effect upon 
the effective date of final regulations issued pursuant to section 
70105(b)(2)(D) of title 49, United States Code, as added by paragraph 
(1)(F) of this subsection.
SEC. 202. OFFICE OF AIR AND SPACE COMMERCIALIZATION AUTHORIZATION.

    There are authorized to be appropriated to the Secretary of 
Commerce for the activities of the Office of Air and Space 
Commercialization, $457,000 for fiscal year 1996.

SEC. 203. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

    The Chief Financial Officer for the National Aeronautics and Space 
Administration shall be responsible for conducting independent cost 
analyses of all new projects estimated to cost more than $5,000,000 and 
shall report the results annually to Congress at the time of the 
submission of the President's budget request. In developing cost 
accounting and reporting standards for carrying out this section, the 
Chief Financial Officer shall, to the extent practicable and consistent 
with other laws, solicit the advice of expertise outside of the 
National Aeronautics and Space Administration.

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

    (a) Declaration of Policy and Purpose.--Section 102 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended--
            (1) by striking subsection (e) and redesignating 
        subsections (f) through (h) as subsections (e) through (g), 
        respectively; and
            (2) in subsection (g), as so redesignated by paragraph (1) 
        of this subsection, by striking ``(f), and (g)'' and inserting 
        in lieu thereof ``and (f)''.
    (b) Reports to the Congress.--Section 206(a) of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is amended--
            (1) by striking ``January'' and inserting in lieu thereof 
        ``May''; and
            (2) by striking ``calendar'' and inserting in lieu thereof 
        ``fiscal''.
    (c) Disclosure of Technical Data.--Section 303 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2454) is amended--
            (1) in subsection (a)(C), by inserting ``or (c)'' after 
        ``subsection (b)''; and
            (2) by adding at the end the following new subsection:
    ``(c)(1) The Administration may delay for a period not to exceed 5 
years the unrestricted public disclosure of technical data in the 
possession of, or under the control of, the Administration that has 
been generated in the performance of experimental, developmental, or 
research activities or programs funded jointly by the Administration 
and the private sector.
    ``(2) Within 1 year after the date of the enactment of the National 
Aeronautics and Space Administration Authorization Act, Fiscal Year 
1996, the Administrator shall issue regulations to carry out this 
subsection. Paragraph (1) shall not take effect until such regulations 
are issued.
    ``(3) Regulations issued pursuant to paragraph (2) shall include--
            ``(A) guidelines for a determination of whether data is 
        technical data within the meaning of this subsection;
            ``(B) a requirement that a determination described in 
        subparagraph (A) that particular data is technical data shall 
        be reported to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate;
            ``(C) provisions to ensure that technical data is available 
        for dissemination within the United States to United States 
        persons and entities in furtherance of the objective of 
        maintaining leadership or competitiveness in civil and 
        governmental aeronautical and space activities by the United 
        States industrial base; and
            ``(D) a specification of the period or periods for which 
        the delay in unrestricted public disclosure of technical data 
        is to apply to various categories of such data, and the 
        restrictions on disclosure of such data during such period or 
        periods, including a requirement that the maximum 5-year 
        protection under this subsection shall not be provided unless 
        at least 50 percent of the funding for the activities or 
        programs is provided by the private sector.
    ``(4) Along with the initial publication of proposed regulations 
under paragraph (2), the Administrator shall include a list of those 
experimental, developmental, or research activities or programs 
conducted by, or funded in whole or in part by, the Administration that 
may result in products or processes of significant value in maintaining 
leadership or competitiveness in civil and governmental aeronautical 
and space activities by the United States industrial base. Such list 
shall be updated biannually.
    ``(5) For purposes of this subsection, the term `technical data' 
means any recorded information, including computer software, that is or 
may be directly applicable to the design, engineering, development, 
production, manufacture, or operation of products or processes that may 
have significant value in maintaining leadership or competitiveness in 
civil and governmental aeronautical and space activities by the United 
States industrial base.''.

SEC. 205. PROCUREMENT.

    (a) Procurement Demonstration Program.--
            (1) In general.--The Administrator shall establish within 
        the Office of Space Access and Technology a program of 
        expedited technology procurement for the purpose of 
        demonstrating how innovative technology concepts can rapidly be 
        brought to bear upon space missions of the National Aeronautics 
        and Space Administration.
            (2) Procedures and evaluation.--The Administrator shall 
        establish procedures for actively seeking from persons outside 
        the National Aeronautics and Space Administration innovative 
        technology concepts relating to the provision of space 
        hardware, technology, or services to the National Aeronautics 
        and Space Administration, and for the evaluation of such 
        concepts by the National Aeronautics and Space Administration's 
        Advisory Council against mission requirements.
            (3) Requirement.--At least 1 percent of amounts authorized 
        to be appropriated under section 102(a)(4) shall be used for 
        innovative technology procurements that are determined under 
        paragraph (2) of this subsection to meet mission requirements.
            (4) Special authority.--In order to carry out this 
        subsection the Administrator shall recruit and hire for limited 
        term appointments persons from outside the National Aeronautics 
        and Space Administration with special expertise and experience 
        related to the innovative technology concepts with respect to 
        which procurements are made under this subsection.
            (5) Sunset.--This subsection shall cease to be effective 10 
        years after the date of its enactment.
    (b) Technology Procurement Initiative.--
            (1) In general.--The Administrator shall coordinate 
        National Aeronautics and Space Administration resources in the 
        areas of procurement, commercial programs, and advanced 
        technology in order to--
                    (A) fairly assess and procure commercially 
                available technology from the marketplace in the most 
                efficient manner practicable;
                    (B) achieve a continuous pattern of integrating 
                advanced technology from the commercial sector, and 
                from Federal sources outside the National Aeronautics 
                and Space Administration, into the missions and 
                programs of the National Aeronautics and Space 
                Administration;
                    (C) incorporate private sector buying and bidding 
                procedures, including fixed price contracts, into 
                procurements; and
                    (D) provide incentives for cost-plus contractors of 
                the National Aeronautics and Space Administration to 
                integrate commercially available technology in 
                subsystem contracts on a fixed-price basis.
            (2) Certification.--Upon solicitation of any procurement 
        for space hardware, technology, or services that are not 
        commercially available, the Administrator shall certify, by 
        publication of a notice and opportunity to comment in the 
        Commerce Business Daily, for each such procurement action, that 
        no functional equivalent, commercially available space 
        hardware, technology, or service exists and that no commercial 
        method of procurement is available.
SEC. 206. ADDITIONAL NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
              FACILITIES.

    The Administrator shall not construct or enter into a new lease for 
facilities to support National Aeronautics and Space Administration 
programs unless the Administrator has certified to the Congress that 
the Administrator has reviewed existing National Aeronautics and Space 
Administration and other federally owned facilities, including military 
facilities scheduled for closing or reduction, and found no such 
facilities appropriate for the intended use.
SEC. 207. PURCHASE OF SPACE SCIENCE DATA.

    (a) In General.--To the maximum extent possible, the National 
Aeronautics and Space Administration shall purchase from the private 
sector space science data. Examples of such data include scientific 
data concerning the elemental and mineralogical resources of the moon 
and the planets, Earth environmental data obtained through remote 
sensing observations, and solar storm monitoring.
    (b) Competitive Bidding.--(1) Contracts for the purchase of space 
data under this section shall be awarded in a process of full, fair, 
and open competitive bidding.
    (2) Submission of cost data, either for the purposes of supporting 
the bid or fulfillment of the contract, shall not be required of 
bidders.
    (3) Conformance with military specifications (Milspec) or National 
Aeronautics and Space Administration specifications systems with 
respect to the design, construction, or operation of equipment used in 
obtaining space science data under contracts entered into under this 
section shall not be a requirement for a commercial provider bidding to 
provide such services.
    (4) Contracts under this section shall not provide for the Federal 
Government to obtain ownership of data not specifically sought by the 
Federal Government.

SEC. 208. REPORT ON MISSION TO PLANET EARTH.

    (a) Requirement.--The Administrator shall, within 6 months after 
the date of the enactment of this Act, transmit to the Congress a 
report on Mission to Planet Earth.
    (b) Contents.--The plan required by subsection (a) shall include--
            (1) an analysis of Earth observation systems of other 
        countries and the ways in which the United States could benefit 
        from such systems, including by eliminating duplication of 
        effort;
            (2) an analysis of how the Department of Defense's airborne 
        and space sensor programs could be used in Mission to Planet 
        Earth;
            (3) a plan for infusing advanced technology into the 
        Mission to Planet Earth program, including milestones and an 
        identification of available resources;
            (4) a plan to solicit proposals from the private sector on 
        how to innovatively accomplish the most critical research on 
        global climate change;
            (5) an integrated plan for research in the Scientific 
        Research and Mission to Planet Earth enterprises of the 
        National Aeronautics and Space Administration;
            (6) a plan for developing metrics and milestones to 
        quantify the performance of work on Mission to Planet Earth; 
        and
            (7) an analysis of how the United States Government can--
                    (A) most effectively utilize space-based and 
                airborne Earth remote sensing data, services, 
                distribution, and applications provided by the United 
                States private sector to meet Government goals for 
                Mission to Planet Earth; and
                    (B) evaluate and foster commercial data sources, 
                commercial archiving services, commercial applications, 
                and commercial distribution of Mission to Planet Earth 
                data.

SEC. 209. SHUTTLE PRIVATIZATION.

    (a) Request for Proposals.--Within 30 days after the date of the 
enactment of this Act, the Administrator shall publish in the Commerce 
Business Daily a request for proposals to achieve a single prime 
contract for the space shuttle program. The request for proposals shall 
include--
            (1) a timetable and milestones for selecting a single prime 
        contractor not later than September 30, 1996;
            (2) criteria for selection of the single prime contractor;
            (3) the annual target cost to be achieved by the single 
        prime contractor;
            (4) proposed terms and conditions of the single prime 
        contract, including fee and sentence for achieving the target 
        cost; and
            (5) a requirement that each proposal be accompanied by a 
        plan by the proposer to privatize the space shuttle program.
    (b) Privatization Plans.--The Administrator shall forward all 
privatization plans received pursuant to subsection (a)(5) to the 
Congress not later than 30 days after the deadline for submitting 
proposals under subsection (a).

SEC. 210. AERONAUTICAL RESEARCH AND TECHNOLOGY FACILITIES.

    Notwithstanding any other provision of law, no funds may be 
obligated for fiscal year 1996 for Aeronautical Research and Technology 
programs of the National Aeronautics and Space Administration in excess 
of amounts authorized by this Act, except to the extent that the 
Administrator receives from non-Federal sources full reimbursement of 
such excess amounts through payment of costs associated with research 
at the aeronautical research and technology facilities of the National 
Aeronautics and Space Administration.

SEC. 211. LAUNCH VOUCHER DEMONSTRATION PROGRAM AMENDMENTS.

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

SEC. 212. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Administrator shall exclude from consideration 
for awards of financial assistance made by the National Aeronautics and 
Space Administration after fiscal year 1995 any person who received 
funds, other than those described in subsection (b), appropriated for a 
fiscal year after fiscal year 1995, from any Federal funding source for 
a project that was not subjected to a competitive, merit-based award 
process. Any exclusion from consideration pursuant to this section 
shall be effective for a period of 5 years after the person receives 
such Federal funds.
    (b) Exception.--Subsection (a) shall not apply to awards to persons 
who are members of a class specified by law for which assistance is 
awarded to members of the class according to a formula provided by law.

SEC. 213. PROHIBITION OF LOBBYING ACTIVITIES.

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

SEC. 214. LIMITATION ON APPROPRIATIONS.

    (a) Exclusive Authorization for Fiscal Year 1996.--Notwithstanding 
any other provision of law, no sums are authorized to be appropriated 
for fiscal year 1996 for the activities for which sums are authorized 
by this Act unless such sums are specifically authorized to be 
appropriated by this Act.
    (b) Subsequent Fiscal Years.--No sums are authorized to be 
appropriated for any fiscal year after fiscal year 1996 for the 
activities for which sums are authorized by this Act unless such sums 
are specifically authorized to be appropriated by Act of Congress with 
respect to such fiscal year.
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