I

104TH CONGRESS

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.

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

3 SECTION 1. SHORT TITLE.

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

5 and Space Administration Authorization Act, Fiscal Year

6 1996’’.

7 SEC. 2. FINDINGS.

8 The Congress makes the following findings:
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1 (1) The National Aeronautics and Space Ad2 ministration has failed to request sufficient funds to

3 perform all missions it has proposed in annual budg4 et requests. For fiscal year 1996, the budget re5 quested is $140,000,000 below the amount required

6 to fulfill program commitments made by the fiscal

7 year 1995 budget approved by Congress. The re8 quest for fiscal year 1996 proposes continued

9 underfunding of the requirements of the National

10 Aeronautics and Space Administration by

11 $439,000,000 for fiscal year 1997, $847,000,000 for

12 fiscal year 1998, $1,189,000,000 for fiscal year

13 1999, and $1,532,000,000 for fiscal year 2000.

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

15 program requirements and the underfunding re16 quested, the National Aeronautics and Space Admin17 istration should aggressively pursue actions and re18 forms directed at reducing institutional costs, includ19 ing management restructuring, facility consolidation,

20 procurement reform, personnel base downsizing, and

21 convergence with other defense and private sector

22 systems.

23 (3) While institutional reforms, restructurings,

24 and downsizing hold the promise of comporting the

25 projected needs of the National Aeronautics and
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1 Space Administration with funding levels requested

2 by the Administration, such reforms provide no

3 guarantee against cancellation of missions in the

4 event reform efforts fail to achieve cost reduction

5 targets.

6 (4) The National Aeronautics and Space Ad7 ministration must reverse its current trend toward

8 becoming an operational agency, and return to its

9 proud history as the Nation’s leader in basic sci10 entific air and space research.

11 (5) Commercial space activity is in a delicate

12 stage of growth but has the potential to eclipse Fed13 eral space activity in its economic return to the Na14 tion if not stifled.

15 (6) The United States is on the verge of creat16 ing and using new technologies in microsatellites, in17 formation processing, and space launch that could

18 radically alter the manner in which the Government

19 approaches its space mission.

20 (7) In formulating a national space transpor21 tation service policy, the National Aeronautics and

22 Space Administration should agressively pursue re23 verse contracting opportunities to support the pri24 vate sector development of advanced space transpor25 tation technologies including reusable space vehicles,
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1 single-stage-to-orbit vehicles, and manned space sys2 tems.

3 (8) International cooperation in space explo4 ration and science activities serves the United States

5 national interest—

6 (A) when it—

7 (i) reduces the cost of undertaking

8 missions the United States Government

9 would pursue unilaterally;

10 (ii) enables the United States to pur11 sue missions that it could not otherwise af12 ford to pursue unilaterally; or

13 (iii) enhances United States capabili14 ties to use and develop space for the bene15 fit of United States citizens; and

16 (B) when it does not—

17 (i) otherwise harm or interfere with

18 the ability of United States private sector

19 firms to develop or explore space commer20 cially;

21 (ii) interfere with the ability of Fed22 eral agencies to use space to complete their

23 missions;

24 (iii) undermine the ability of United

25 States private enterprise to compete favor-
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1 ably with foreign entities in the commercial

2 space arena; or

3 (iv) transfer sensitive or commercially

4 advantageous technologies or knowledge

5 from the United States to other countries

6 or foreign entities except as required by

7 those countries or entities to make their

8 contribution to a multilateral space project

9 in partnership with the United States, or

10 on a quid pro quo basis.

11 (9) The National Aeronautics and Space Ad12 ministration and the Department of Defense can co13 operate more effectively in leveraging their mutual

14 capabilities to conduct joint space missions that im15 prove United States space capabilities and reduce

16 the cost of conducting space missions.

17 SEC. 3. DEFINITIONS.

18 For purposes of this Act—

19 (1) the term ‘‘Administrator’’ means the Ad20 ministrator of the National Aeronautics and Space

21 Administration; and

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

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

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

25 1141(a)).
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1 TITLE I—AUTHORIZATION OF

2 APPROPRIATIONS

3 Subtitle A—Authorizations

4 SEC. 101. HUMAN SPACE FLIGHT.

5 (a) AUTHORIZATIONS.—There are authorized to be

6 appropriated to the National Aeronautics and Space Ad7 ministration for fiscal year 1996 for Human Space Flight

8 the following amounts:

9 (1) For Space Shuttle Operations,

10 $2,341,800,000.

11 (2) For Space Shuttle Safety and Performance

12 Upgrades, $837,000,000.

13 (3) For Payload and Utilization Operations,

14 $315,000,000.

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

16 (b) CONSTRUCTION OF FACILITIES.—(1) Of the

17 funds authorized to be appropriated under subsection

18 (a)(2), $5,000,000 are authorized for modernization of the

19 Firex System, Pads A and B, Kennedy Space Center.

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

21 subsection (a)(2), $7,500,000 are authorized for replace22 ment of the Chemical Analysis Facility, Kennedy Space

23 Center.

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

25 subsection (a)(2), $4,900,000 are authorized for replace-
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1 ment of the Space Shuttle Main Engine Processing Facil2 ity, Kennedy Space Center.

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

4 (a) AUTHORIZATIONS.—There are authorized to be

5 appropriated to the National Aeronautics and Space Ad6 ministration for fiscal year 1996 for Science, Aeronautics,

7 and Technology the following amounts:

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

9 which—

10 (A) $1,167,600,000 are authorized for

11 Physics and Astronomy, of which $51,500,000

12 shall be for the Gravity Probe B, except that no

13 funds are authorized for the Space Infrared

14 Telescope Facility; and

15 (B) $827,800,000 are authorized for Plan16 etary Exploration, of which $30,000,000 shall

17 be for the New Millennium Spacecraft, includ18 ing $5,000,000 for the National Aeronautics

19 and Space Administration’s participation in

20 Clementine 2 (Air Force Program Element

21 0603401F Advanced Spacecraft Technology).

22 (2) For Life and Microgravity Sciences and Ap23 plications, $293,200,000.

24 (3) For Mission to Planet Earth,

25 $1,013,100,000, of which $21,500,000 shall only be
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1 for activities described in section 208(7), except that

2 no funds are authorized for the Consortium for

3 International Earth Science Information Network,

4 the Global Observations to Benefit the Environment,

5 or the Topex Poseidon Follow-On mission. Funds

6 authorized by this paragraph may not be expended

7 to duplicate private sector or other Federal activities

8 or to procure systems to provide data unless the Ad9 ministrator certifies to Congress that no private sec10 tor or Federal entity can provide suitable data in a

11 timely manner. Notwithstanding any other provision

12 of law, funds in excess of those authorized by this

13 paragraph may not be obligated for Mission To

14 Planet Earth.

15 (4) For Space Access and Technology,

16 $639,800,000 of which—

17 (A) $193,000,000 are authorized for Ad18 vanced Space Transportation;

19 (B) $10,000,000 are authorized to be

20 made available for defraying the costs of con21 verting or redesigning commercially inconsistent

22 elements of former Federal facilities or to take

23 actions required for conformance with Federal

24 laws or regulations relating to commercial space
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1 transportation infrastructure, to remain avail2 able until expended;

3 (C) $20,000,000 shall be for continuing

4 the Launch Voucher Demonstration Program

5 authorized under section 504 of the National

6 Aeronautics and Space Administration Author7 ization Act, Fiscal Year 1993 (15 U.S.C.

8 5803); and

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

10 Small Spacecraft Technology Initiative, except

11 that funds for such Initiative may not be ex12 pended to duplicate private sector activities or

13 to fund any activities that a private sector en14 tity is proposing to carry out for commercial

15 purposes. No funds are authorized under this

16 paragraph for the Partnership for Next Genera17 tion Vehicle.

18 (5) For Aeronautical Research and Technology,

19 $826,900,000, of which—

20 (A) $354,700,000 are authorized for Re21 search and Technology Base activities;

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

23 Speed Research;

24 (C) $133,000,000 are authorized for Ad25 vanced Subsonic Technology, except that no
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1 funds are authorized for concept studies for Ad2 vanced Traffic Management and Affordable De3 sign and Manufacturing;

4 (D) $40,200,000 are authorized for High5 Performance Computing and Communications;

6 and

7 (E) $48,100,000 are authorized for Nu8 merical Aerodynamic Simulation.

9 (6) For Mission Communication Services,

10 $461,300,000.

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

12 (b) CONSTRUCTION OF FACILITIES.—(1) Of the

13 funds authorized to be appropriated under subsection

14 (a)(3), $17,000,000 are authorized for construction of the

15 Earth Systems Science Building, Goddard Space Flight

16 Center.

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

18 subsection (a)(5), $5,400,000 are authorized for mod19 ernization of the Unitary Plan Wind Tunnel Complex,

20 Ames Research Center.

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

22 subsection (a)(2), $3,000,000 are authorized for the con23 struction of an addition to the Microgravity and Develop24 ment Laboratory, Marshall Space Flight Center.
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1 SEC. 103. MISSION SUPPORT.

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

4 year 1996 for Mission Support the following amounts:

5 (1) For Safety, Reliability, and Quality Assur6 ance, $37,600,000.

7 (2) For Space Communication Services,

8 $319,400,000.

9 (3) For Construction of Facilities, including

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

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

12 Flight Systems Research Laboratory, Ames Re13 search Center;

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

15 chilled water distribution system, Goddard

16 Space Flight Center;

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

18 chillers, various buildings, Jet Propulsion Lab19 oratory;

20 (D) $1,100,000 shall be for rehabilitation

21 of electrical distribution system, White Sands

22 Test Facility, Johnson Space Center;

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

24 main substation switchgear and circuit break25 ers, Johnson Space Center;
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1 (F) $1,800,000 shall be for replacement of

2 15kV load break switches, Kennedy Space Cen3 ter;

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

5 of Central Air Equipment Building, Lewis Re6 search Center;

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

8 high pressure air compressor system, Marshall

9 Space Flight Center;

10 (I) $6,800,000 shall be for restoration of

11 Information and Electronic Systems Labora12 tory, Marshall Space Flight Center;

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

14 canal lock, Stennis Space Center;

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

16 primary electrical distribution system, Wallops

17 Flight Facility;

18 (L) $30,000,000 shall be for repair of fa19 cilities at various locations, not in excess of

20 $1,500,000 per project;

21 (M) $30,000,000 shall be for rehabilitation

22 and modification of facilities at various loca23 tions, not in excess of $1,500,000 per project;

24 (N) $2,000,000 shall be for minor con25 struction of new facilities and additions to exist-
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1 ing facilities at various locations, not in excess

2 of $750,000 per project;

3 (O) $10,000,000 shall be for facility plan4 ning and design not otherwise provided for; and

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

6 compliance and restoration.

7 (4) For Research and Program Management,

8 including personnel and related costs, travel, and re9 search operations support, $2,094,800,000.

10 SEC. 104. INSPECTOR GENERAL.

11 There are authorized to be appropriated to the Na12 tional Aeronautics and Space Administration for Inspector

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

14 SEC. 105. TOTAL AUTHORIZATION.

15 Notwithstanding any other provision of this title, the

16 total amount authorized to be appropriated under this Act

17 shall not exceed $11,547,400,000 for fiscal year 1996.

18 Subtitle B—Restructuring the Na19 tional Aeronautics and Space

20 Administration

21 SEC. 111. FINDINGS.

22 The Congress finds that—

23 (1) the restructuring of the National Aero24 nautics and Space Administration is essential to ac-
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1 complishing the space missions of the United States

2 while simultaneously balancing the Federal budget;

3 (2) to restructure the National Aeronautics and

4 Space Administration rapidly without reducing mis5 sion content and safety requires objective financial

6 judgment;

7 (3) no effort has been undertaken by the Na8 tional Aeronautics and Space Administration to per9 form a formal economic review of its missions and

10 the Federal assets that support them;

11 (4) therefore it is premature and unwarranted

12 to attempt closing any National Aeronautics and

13 Space Administration field center until an asset14 based review of United States space missions and

15 capabilities to support them is performed; and

16 (5) cost savings from the closing of National

17 Aeronautics and Space Administration field centers

18 are speculative and potentially injurious to mission

19 goals, unless derived from an asset-based analysis.

20 SEC. 112. ASSET-BASED REVIEW.

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

22 days after the date of the enactment of this Act, the Ad23 ministrator shall publish in the Commerce Business Daily

24 a request for proposals to perform a National Aeronautics

25 and Space Administration asset-based review.
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1 (b) QUALIFIED PROPOSALS.—Qualified proposals to

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

3 from United States persons whose primary business is cor4 porate financial strategy, investment banking, accounting,

5 or asset management. All proposals shall, at a minimum,

6 propose to review, for each capital asset owned by the Na7 tional Aeronautics and Space Administration—

8 (1) its primary function or purpose in relation9 ship to a program, mission, or activity of the Na10 tional Aeronautics and Space Administration;

11 (2) the existence of other capital assets which

12 duplicate or overlap with such function or purpose;

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

14 and

15 (4) its necessity to carry out a program, mis16 sion, or activity of the National Aeronautics and

17 Space Administration.

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

19 asset-based review under this section shall complete such

20 review and transmit to the Administrator and the Con21 gress, no later than July 31, 1996, a report containing,

22 at a minimum—

23 (1) for each National Aeronautics and Space

24 Administration field center facility—
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1 (A) a list of capital assets that should be

2 permanently retired or disposed of;

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

4 transferred to non-Federal institutions and cor5 porations, if the transfer of such asset is cost

6 effective; and

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

8 conduct of National Aeronautics and Space Ad9 ministration programs, missions, or activities,

10 and a justification for retaining the asset;

11 (2) for each National Aeronautics and Space

12 Administration program element—

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

14 conduct of the program element; and

15 (B) a plan for achieving the most cost-ef16 fective consolidation and efficient use of nec17 essary capital assets to support such program

18 element, including the use of non-Federal assets

19 where appropriate; and

20 (3) for each National Aeronautics and Space

21 Administration capital asset—

22 (A) the total annual cost of maintaining

23 and operating such capital asset, including Fed24 eral employee and contractor costs;
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1 (B) the depreciated cost, replacement cost,

2 and salvage value; and

3 (C) the most cost-effective strategy for

4 maintaining, replacing, upgrading, or disposing

5 of the capital asset, as appropriate.

6 (d) IMPLEMENTATION.—The Administrator shall

7 consider the results of the asset-based review conducted

8 under this section, and based on the Administrator’s rec9 ommendations, the President shall propose to Congress

10 legislation required to implement those recommendations

11 no later than September 30, 1996.

12 (e) CLOSING OF FIELD CENTERS.—The Adminis13 trator shall not close any National Aeronautics and Space

14 Administration field center until after the asset-based re15 view report is transmitted under subsection (c), and may

16 only close field centers that would become obsolete as a

17 result of the implementation of the Administrator’s rec18 ommendations, and may do so only after enactment of leg19 islation implementing those recommendations.

20 Subtitle C—Limitations and

21 Special Authority

22 SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

23 (a) AUTHORIZED USES.—Funds appropriated under

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

25 appropriated for research operations support under sec-
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1 tion 103(4), may be used for the construction of new fa2 cilities and additions to, repair of, rehabilitation of, or

3 modification of existing facilities at any location in support

4 of the purposes for which such funds are authorized.

5 (b) LIMITATION.—None of the funds used pursuant

6 to subsection (a) may be expended for a project, the esti7 mated cost of which to the National Aeronautics and

8 Space Administration, including collateral equipment, ex9 ceeds $500,000, until 30 days have passed after the Ad10 ministrator has notified the Committee on Science of the

11 House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate of the

13 nature, location, and estimated cost to the National Aero14 nautics and Space Administration of such project.

15 (c) TITLE TO FACILITIES.—If funds are used pursu16 ant to subsection (a) for grants to institutions of higher

17 education, or to nonprofit organizations whose primary

18 purpose is the conduct of scientific research, for purchase

19 or construction of additional research facilities, title to

20 such facilities shall be vested in the United States unless

21 the Administrator determines that the national program

22 of aeronautical and space activities will best be served by

23 vesting title in the grantee institution or organization.

24 Each such grant shall be made under such conditions as

25 the Administrator shall determine to be required to ensure
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1 that the United States will receive therefrom benefits ade2 quate to justify the making of that grant.

3 SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.

4 To the extent provided in appropriations Acts, appro5 priations authorized under subtitle A may remain avail6 able without fiscal year limitation.

7 SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA8 CILITIES.

9 (a) IN GENERAL.—Appropriations authorized under

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

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

12 discretion of the Administrator; or

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

14 meet unusual cost variations, after the expiration of

15 15 days following a report on the circumstances of

16 such action by the Administrator to the Committee

17 on Science of the House of Representatives and the

18 Committee on Commerce, Science, and Transpor19 tation of the Senate.

20 The aggregate amount authorized to be appropriated

21 under sections 101(b), 102(b), and 103(3) shall not be

22 increased as a result of actions authorized under para23 graphs (1) and (2) of this subsection.

24 (b) SPECIAL RULE.—Where the Administrator deter25 mines that new developments in the national program of
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1 aeronautical and space activities have occurred; and that

2 such developments require the use of additional funds for

3 the purposes of construction, expansion, or modification

4 of facilities at any location; and that deferral of such ac5 tion until the enactment of the next National Aeronautics

6 and Space Administration Authorization Act would be in7 consistent with the interest of the Nation in aeronautical

8 and space activities, the Administrator may use up to

9 $10,000,000 of the amounts authorized under section

10 101(b), 102(b), or 103(3) for each fiscal year for such

11 purposes. No such funds may be obligated until a period

12 of 30 days has passed after the Administrator has trans13 mitted to the Committee on Commerce, Science, and

14 Transportation of the Senate and the Committee on

15 Science of the House of Representatives a written report

16 describing the nature of the construction, its costs, and

17 the reasons therefor.

18 SEC. 124. CONSIDERATION BY COMMITTEES.

19 Notwithstanding any other provision of law—

20 (1) no amount appropriated to the National

21 Aeronautics and Space Administration may be used

22 for any program for which the President’s annual

23 budget request included a request for funding, but

24 for which the Congress denied or did not provide

25 funding;
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1 (2) no amount appropriated to the National

2 Aeronautics and Space Administration may be used

3 for any program in excess of the amount actually

4 authorized for the particular program by subtitle A;

5 and

6 (3) no amount appropriated to the National

7 Aeronautics and Space Administration may be used

8 for any program which has not been presented to

9 the Congress in the President’s annual budget re10 quest or the supporting and ancillary documents

11 thereto,

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

13 by the Committee on Science of the House of Representa14 tives and the Committee on Commerce, Science, and

15 Transportation of the Senate of notice given by the Ad16 ministrator containing a full and complete statement of

17 the action proposed to be taken and the facts and cir18 cumstances relied upon in support of such proposed ac19 tion. The National Aeronautics and Space Administration

20 shall keep the Committee on Science of the House of Rep21 resentatives and the Committee on Commerce, Science,

22 and Transportation of the Senate fully and currently in23 formed with respect to all activities and responsibilities

24 within the jurisdiction of those committees. Except as oth25 erwise provided by law, any Federal department, agency,
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1 or independent establishment shall furnish any informa2 tion requested by either committee relating to any such

3 activity or responsibility.

4 SEC. 125. LIMITATION ON OBLIGATION OF UNAUTHORIZED

5 APPROPRIATIONS.

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

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

8 appropriations to the National Aeronautics and Space Ad9 ministration for fiscal year 1996 and the date of enact10 ment of this Act, the Administrator shall submit a report

11 to Congress and to the Comptroller General which speci12 fies—

13 (1) the portion of such appropriations which are

14 for programs, projects, or activities not authorized

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

16 of amounts authorized for the relevant program,

17 project, or activity under this Act; and

18 (2) the portion of such appropriations which are

19 authorized under this Act.

20 (b) FEDERAL REGISTER NOTICE.—The Adminis21 trator shall, coincident with the submission of the report

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

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

24 funds are appropriated but which were not authorized

25 under this Act, and solicit public comment thereon regard-
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1 ing the impact of such programs, projects, or activities on

2 the conduct and effectiveness of the national aeronautics

3 and space program.

4 (c) LIMITATION.—Notwithstanding any other provi5 sion of law, no funds may be obligated for any programs,

6 projects, or activities of the National Aeronautics and

7 Space Administration for fiscal year 1996 not authorized

8 under this Act until 30 days have passed after the close

9 of the public comment period contained in the notice re10 quired in subsection (b).

11 SEC. 126. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

12 OR EXTRAORDINARY EXPENSES.

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

14 under section 102 may be used for scientific consultations

15 or extraordinary expenses, upon the authority of the Ad16 ministrator.

17 SEC. 127. LIMITATION ON TRANSFERS TO RUSSIA.

18 (a) LIMITATION.—No funds authorized to be appro19 priated to the National Aeronautics and Space Adminis20 tration for fiscal year 1996 may be paid or otherwise

21 transferred to Russia unless—

22 (1) the purpose of the payment or transfer is

23 authorized by this Act;

24 (2) the payment or transfer is made in ex25 change for goods or services that have been provided
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1 to the National Aeronautics and Space Administra2 tion in accordance with a written agreement between

3 the National Aeronautics and Space Administration

4 and Russia;

5 (3) the Government of the Russian Federation

6 agrees to provide a monthly report to the National

7 Aeronautics and Space Administration during the

8 term of such written agreement, that fully accounts

9 for the disposition of the funds paid or transferred,

10 including information with respect to the preceding

11 month on—

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

13 the date of receipt;

14 (B) the amount of the funds converted

15 from United States currency, the currency into

16 which the funds have been converted, and the

17 date and rate of conversion;

18 (C) the amount of non-United States cur19 rency, and of United States currency, that is

20 disbursed to any contractor or subcontractor,

21 the identity of such contractor or subcontractor,

22 and the date of disbursement; and

23 (D) the balance of the funds not disbursed

24 as of the date of the report;
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1 (4) Russia has provided all monthly reports

2 with respect to which an agreement was made pur3 suant to paragraph (3); and

4 (5) the President, before such payment or

5 transfer and annually upon submission of the Presi6 dent’s budget request for fiscal years after fiscal

7 year 1996, has certified to the Congress that—

8 (A) the presence of any troops of the Rus9 sian Federation or the Commonwealth of Inde10 pendent States; and

11 (B) any action by the Russian Federation

12 or the Commonwealth of Independent States,

13 in Estonia, Latvia, Lithuania, or any other inde14 pendent state of the former Soviet Union do not vio15 late the sovereignty of those independent states.

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

17 term ‘‘Russia’’ means the Government of the Russian

18 Federation, the Russian Space Agency, or any agency or

19 instrumentality of the Government of the Russian Federa20 tion or the Russian Space Agency.

21 TITLE II—MISCELLANEOUS

22 PROVISIONS

23 SEC. 201. COMMERCIAL SPACE LAUNCH AMENDMENTS.

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

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

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

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

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

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

and reentry sites, and reentries.’’;

6 and

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

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

9 (2) in section 70101—

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

11 after ‘‘information services,’’ in subsection

12 (a)(3);

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12 (b)(2)(A);

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

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

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

20 (3) in section 70102—

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

22 any payload’’ in paragraph (3);

23 (B) by redesignating paragraphs (10)

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

25 respectively;
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1 (C) by inserting after paragraph (9) the

2 following new paragraphs:

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

4 attempt to return, purposefully, a reentry vehicle

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

6 outer space to Earth.

7 ‘‘(11) ‘reentry services’ means—

8 ‘‘(A) activities involved in the preparation

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

10 reentry; and

11 ‘‘(B) the conduct of a reentry.

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

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

14 defined in a license the Secretary issues or transfers

15 under this chapter).

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

17 to return from Earth orbit or outer space to Earth

18 substantially intact.’’; and

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

20 ‘‘launch services’’ each place it appears in para21 graph (15), as so redesignated by subparagraph

22 (B) of this paragraph;

23 (4) in section 70103(b)—

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

25 ‘‘LAUNCHES’’ in the subsection heading;
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1 (B) by inserting ‘‘and reentries’’ after

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

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

4 ‘‘space launch’’ in paragraph (2);

5 (5) in section 70104—

6 (A) by amending the section designation

7 and heading to read as follows:

8 ‘‘§ 70104. Restrictions on launches, operations, and

9 reentries’’;

10 (B) by inserting ‘‘or reentry site, or reen11 ter a reentry vehicle,’’ after ‘‘operate a launch

12 site’’ each place it appears in subsection (a);

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

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

15 (D) in subsection (b)—

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

17 inserting in lieu thereof ‘‘license’’;

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

19 ‘‘may launch’’; and

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

21 ‘‘related to launching’’; and

22 (E) in subsection (c)—

23 (i) by amending the subsection head24 ing to read as follows: ‘‘PREVENTING

25 LAUNCHES AND REENTRIES.—’’;
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1 (ii) by inserting ‘‘or reentry’’ after

2 ‘‘prevent the launch’’; and

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

4 ‘‘decides the launch’’;

5 (6) in section 70105—

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

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

9 (B) by striking ‘‘or operation’’ and insert10 ing in lieu thereof ‘‘, operation, or reentry’’ in

11 subsection (b)(2)(A);

12 (7) in section 70106(a)—

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

14 ‘‘observer at a launch site’’; and

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

16 ‘‘assemble a launch vehicle’’;

17 (8) in section 70108—

18 (A) by amending the section designation

19 and heading to read as follows:

20 ‘‘§ 70108. Prohibition, suspension, and end of

21 launches, operation of launch sites and

22 reentry sites, and reentries’’;

23 and

24 (B) in subsection (a)—
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1 (i) by inserting ‘‘or reentry site, or re2 entry of a reentry vehicle,’’ after ‘‘oper3 ation of a launch site’’; and

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

5 ‘‘launch or operation’’;

6 (9) in section 70109—

7 (A) by amending the section designation

8 and heading to read as follows:

9 ‘‘§ 70109. Preemption of scheduled launches or reen10 tries’’;

11 (B) in subsection (a)—

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

13 ‘‘ensure that a launch’’;

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

15 ‘‘United States Government launch site’’;

16 (iii) by inserting ‘‘or reentry date

17 commitment’’ after ‘‘launch date commit18 ment’’;

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

20 ‘‘obtained for a launch’’;

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

22 ‘‘access to a launch site’’;

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

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

25 services’’; and
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1 (vii) by inserting ‘‘or reentry’’ after

2 ‘‘the scheduled launch’’; and

3 (C) in subsection (c), by inserting ‘‘or re4 entry’’ after ‘‘prompt launching’’;

5 (10) in section 70110—

6 (A) by inserting ‘‘or reentry’’ after ‘‘pre7 vent the launch’’ in subsection (a)(2); and

8 (B) by inserting ‘‘or reentry site, or re9 entry of a reentry vehicle,’’ after ‘‘operation of

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

11 (11) in section 70111—

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

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

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

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

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

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

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

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

22 in subsection (d) and inserting in lieu thereof

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

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

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

4 (12) in section 70112—

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

6 launch’’ in subsection (a)(3);

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

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

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

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

12 (D) by striking ‘‘, Space, and Technology’’

13 in subsection (d);

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

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

16 and

17 (F) by inserting ‘‘or reentry site or a re18 entry’’ after ‘‘launch site’’ in subsection (e);

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

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

21 place it appears;

22 (14) in section 70115(b)(1)(D)(i)—

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

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

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

3 (15) in section 70117—

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

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

6 in subsection (a);

7 (B) by inserting ‘‘or reentry’’ after ‘‘ap8 proval of a space launch’’ in subsection (d);

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

10 follows:

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

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

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

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

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

16 (D) in subsection (g)—

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

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

19 and inserting in lieu thereof ‘‘reentry, op20 eration of a launch vehicle or reentry vehi21 cle, or operation of a launch site or reentry

22 site,’’;

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

24 paragraph (1);
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1 (iii) by inserting ‘‘reentry,’’ after

2 ‘‘launch,’’ in paragraph (2);

3 (iv) by striking the period at the end

4 of paragraph (2) and inserting in lieu

5 thereof ‘‘; or’’; and

6 (v) by adding at the end the following

7 new paragraph:

8 ‘‘(3) any amateur and similar small rocket ac9 tivities, as defined by the Secretary by regulation.’’;

10 (16) in section 70119, by inserting the follow11 ing after paragraph (2):

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

13 of Transportation $6,000,000 to carry out this chapter for

14 fiscal year 1996. None of the funds authorized by this sec15 tion may be expended for policy development or analysis

16 activities not directly related to the Secretary’s regulatory

17 responsibilities under this chapter.’’.

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

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

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

21 apply’’ in subsection (a);

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

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

24 lieu thereof ‘‘accepting an application in accordance
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1 with criteria established pursuant to subsection

2 (b)(2)(D)’’;

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

4 following new paragraph:

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

6 may establish procedures for certification of the safety of

7 a launch vehicle, reentry vehicle, or safety system, proce8 dure, service, or personnel that may be used in conducting

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

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

11 (b)(2)(B);

12 (E) by striking the period at the end of sub13 section (b)(2)(C) and inserting in lieu thereof

14 ‘‘; and’’;

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

16 the following new subparagraph:

17 ‘‘(D) regulations establishing criteria for ac18 cepting or rejecting an application for a license

19 under this chapter within 60 days after receipt of

20 such application.’’; and

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

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

23 (b)(3).

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

25 take effect upon the effective date of final regulations is-
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1 sued pursuant to section 70105(b)(2)(D) of title 49,

2 United States Code, as added by paragraph (1)(F) of this

3 subsection.

4 SEC. 202. OFFICE OF AIR AND SPACE COMMERCIALIZATION

5 AUTHORIZATION.

6 There are authorized to be appropriated to the Sec7 retary of Commerce for the activities of the Office of Air

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

9 1996.

10 SEC. 203. REQUIREMENT FOR INDEPENDENT COST

11 ANALYSIS.

12 The Chief Financial Officer for the National Aero13 nautics and Space Administration shall be responsible for

14 conducting independent cost analyses of all new projects

15 estimated to cost more than $5,000,000 and shall report

16 the results annually to Congress at the time of the submis17 sion of the President’s budget request. In developing cost

18 accounting and reporting standards for carrying out this

19 section, the Chief Financial Officer shall, to the extent

20 practicable and consistent with other laws, solicit the ad21 vice of expertise outside of the National Aeronautics and

22 Space Administration.
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1 SEC. 204. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

2 AMENDMENTS.

3 (a) DECLARATION OF POLICY AND PURPOSE.—Sec4 tion 102 of the National Aeronautics and Space Act of

5 1958 (42 U.S.C. 2451) is amended—

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

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

8 through (g), respectively; and

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

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

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

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

13 the National Aeronautics and Space Act of 1958 (42

14 U.S.C. 2476(a)) is amended—

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

16 thereof ‘‘May’’; and

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

18 thereof ‘‘fiscal’’.

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

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

21 U.S.C. 2454) is amended—

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

23 after ‘‘subsection (b)’’; and

24 (2) by adding at the end the following new sub25 section:
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1 ‘‘(c)(1) The Administration may delay for a period

2 not to exceed 5 years the unrestricted public disclosure

3 of technical data in the possession of, or under the control

4 of, the Administration that has been generated in the per5 formance of experimental, developmental, or research ac6 tivities or programs funded jointly by the Administration

7 and the private sector.

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

9 of the National Aeronautics and Space Administration Au10 thorization Act, Fiscal Year 1996, the Administrator shall

11 issue regulations to carry out this subsection. Paragraph

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

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

14 shall include—

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

16 data is technical data within the meaning of this

17 subsection;

18 ‘‘(B) a requirement that a determination de19 scribed in subparagraph (A) that particular data is

20 technical data shall be reported to the Committee on

21 Science of the House of Representatives and the

22 Committee on Commerce, Science, and Transpor23 tation of the Senate;

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

25 available for dissemination within the United States
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1 to United States persons and entities in furtherance

2 of the objective of maintaining leadership or com3 petitiveness in civil and governmental aeronautical

4 and space activities by the United States industrial

5 base; and

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

7 which the delay in unrestricted public disclosure of

8 technical data is to apply to various categories of

9 such data, and the restrictions on disclosure of such

10 data during such period or periods, including a re11 quirement that the maximum 5-year protection

12 under this subsection shall not be provided unless at

13 least 50 percent of the funding for the activities or

14 programs is provided by the private sector.

15 ‘‘(4) Along with the initial publication of proposed

16 regulations under paragraph (2), the Administrator shall

17 include a list of those experimental, developmental, or re18 search activities or programs conducted by, or funded in

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

20 in products or processes of significant value in maintain21 ing leadership or competitiveness in civil and governmental

22 aeronautical and space activities by the United States in23 dustrial base. Such list shall be updated biannually.

24 ‘‘(5) For purposes of this subsection, the term ‘tech25 nical data’ means any recorded information, including
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1 computer software, that is or may be directly applicable

2 to the design, engineering, development, production, man3 ufacture, or operation of products or processes that may

4 have significant value in maintaining leadership or com5 petitiveness in civil and governmental aeronautical and

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

7 SEC. 205. PROCUREMENT.

8 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

9 (1) IN GENERAL.—The Administrator shall es10 tablish within the Office of Space Access and Tech11 nology a program of expedited technology procure12 ment for the purpose of demonstrating how innova13 tive technology concepts can rapidly be brought to

14 bear upon space missions of the National Aero15 nautics and Space Administration.

16 (2) PROCEDURES AND EVALUATION.—The Ad17 ministrator shall establish procedures for actively

18 seeking from persons outside the National Aero19 nautics and Space Administration innovative tech20 nology concepts relating to the provision of space

21 hardware, technology, or services to the National

22 Aeronautics and Space Administration, and for the

23 evaluation of such concepts by the National Aero24 nautics and Space Administration’s Advisory Council

25 against mission requirements.
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1 (3) REQUIREMENT.—At least 1 percent of

2 amounts authorized to be appropriated under section

3 102(a)(4) shall be used for innovative technology

4 procurements that are determined under paragraph

5 (2) of this subsection to meet mission requirements.

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

7 out this subsection the Administrator shall recruit

8 and hire for limited term appointments persons from

9 outside the National Aeronautics and Space Admin10 istration with special expertise and experience relat11 ed to the innovative technology concepts with respect

12 to which procurements are made under this sub13 section.

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

15 effective 10 years after the date of its enactment.

16 (b) TECHNOLOGY PROCUREMENT INITIATIVE.—

17 (1) IN GENERAL.—The Administrator shall co18 ordinate National Aeronautics and Space Adminis19 tration resources in the areas of procurement, com20 mercial programs, and advanced technology in order

21 to—

22 (A) fairly assess and procure commercially

23 available technology from the marketplace in

24 the most efficient manner practicable;
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1 (B) achieve a continuous pattern of inte2 grating advanced technology from the commer3 cial sector, and from Federal sources outside

4 the National Aeronautics and Space Adminis5 tration, into the missions and programs of the

6 National Aeronautics and Space Administra7 tion;

8 (C) incorporate private sector buying and

9 bidding procedures, including fixed price con10 tracts, into procurements; and

11 (D) provide incentives for cost-plus con12 tractors of the National Aeronautics and Space

13 Administration to integrate commercially avail14 able technology in subsystem contracts on a

15 fixed-price basis.

16 (2) CERTIFICATION.—Upon solicitation of any

17 procurement for space hardware, technology, or serv18 ices that are not commercially available, the Admin19 istrator shall certify, by publication of a notice and

20 opportunity to comment in the Commerce Business

21 Daily, for each such procurement action, that no

22 functional equivalent, commercially available space

23 hardware, technology, or service exists and that no

24 commercial method of procurement is available.
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1 SEC. 206. ADDITIONAL NATIONAL AERONAUTICS AND

2 SPACE ADMINISTRATION FACILITIES.

3 The Administrator shall not construct or enter into

4 a new lease for facilities to support National Aeronautics

5 and Space Administration programs unless the Adminis6 trator has certified to the Congress that the Administrator

7 has reviewed existing National Aeronautics and Space Ad8 ministration and other federally owned facilities, including

9 military facilities scheduled for closing or reduction, and

10 found no such facilities appropriate for the intended use.

11 SEC. 207. PURCHASE OF SPACE SCIENCE DATA.

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

13 the National Aeronautics and Space Administration shall

14 purchase from the private sector space science data. Ex15 amples of such data include scientific data concerning the

16 elemental and mineralogical resources of the moon and the

17 planets, Earth environmental data obtained through re18 mote sensing observations, and solar storm monitoring.

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

20 purchase of space data under this section shall be awarded

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

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

23 of supporting the bid or fulfillment of the contract, shall

24 not be required of bidders.

25 (3) Conformance with military specifications

26 (Milspec) or National Aeronautics and Space Administra-
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1 tion specifications systems with respect to the design, con2 struction, or operation of equipment used in obtaining

3 space science data under contracts entered into under this

4 section shall not be a requirement for a commercial pro5 vider bidding to provide such services.

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

7 the Federal Government to obtain ownership of data not

8 specifically sought by the Federal Government.

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

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

11 6 months after the date of the enactment of this Act,

12 transmit to the Congress a report on Mission to Planet

13 Earth.

14 (b) CONTENTS.—The plan required by subsection (a)

15 shall include—

16 (1) an analysis of Earth observation systems of

17 other countries and the ways in which the United

18 States could benefit from such systems, including by

19 eliminating duplication of effort;

20 (2) an analysis of how the Department of De21 fense’s airborne and space sensor programs could be

22 used in Mission to Planet Earth;

23 (3) a plan for infusing advanced technology into

24 the Mission to Planet Earth program, including
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1 milestones and an identification of available re2 sources;

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

4 sector on how to innovatively accomplish the most

5 critical research on global climate change;

6 (5) an integrated plan for research in the Sci7 entific Research and Mission to Planet Earth enter8 prises of the National Aeronautics and Space Ad9 ministration;

10 (6) a plan for developing metrics and milestones

11 to quantify the performance of work on Mission to

12 Planet Earth; and

13 (7) an analysis of how the United States Gov14 ernment can—

15 (A) most effectively utilize space-based and

16 airborne Earth remote sensing data, services,

17 distribution, and applications provided by the

18 United States private sector to meet Govern19 ment goals for Mission to Planet Earth; and

20 (B) evaluate and foster commercial data

21 sources, commercial archiving services, commer22 cial applications, and commercial distribution of

23 Mission to Planet Earth data.
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1 SEC. 209. SHUTTLE PRIVATIZATION.

2 (a) REQUEST FOR PROPOSALS.—Within 30 days

3 after the date of the enactment of this Act, the Adminis4 trator shall publish in the Commerce Business Daily a re5 quest for proposals to achieve a single prime contract for

6 the space shuttle program. The request for proposals shall

7 include—

8 (1) a timetable and milestones for selecting a

9 single prime contractor not later than September 30,

10 1996;

11 (2) criteria for selection of the single prime con12 tractor;

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

14 single prime contractor;

15 (4) proposed terms and conditions of the single

16 prime contract, including fee and sentence for

17 achieving the target cost; and

18 (5) a requirement that each proposal be accom19 panied by a plan by the proposer to privatize the

20 space shuttle program.

21 (b) PRIVATIZATION PLANS.—The Administrator shall

22 forward all privatization plans received pursuant to sub23 section (a)(5) to the Congress not later than 30 days after

24 the deadline for submitting proposals under subsection

25 (a).
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1 SEC. 210. AERONAUTICAL RESEARCH AND TECHNOLOGY

2 FACILITIES.

3 Notwithstanding any other provision of law, no funds

4 may be obligated for fiscal year 1996 for Aeronautical Re5 search and Technology programs of the National Aero6 nautics and Space Administration in excess of amounts

7 authorized by this Act, except to the extent that the Ad8 ministrator receives from non-Federal sources full reim9 bursement of such excess amounts through payment of

10 costs associated with research at the aeronautical research

11 and technology facilities of the National Aeronautics and

12 Space Administration.

13 SEC. 211. LAUNCH VOUCHER DEMONSTRATION PROGRAM

14 AMENDMENTS.

15 Section 504 of the National Aeronautics and Space

16 Administration Authorization Act, Fiscal Year 1993 (15

17 U.S.C. 5803) is amended—

18 (1) in subsection (a)—

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

20 Programs within’’; and

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

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

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

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

25 subsections (c) and (d), respectively.
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1 SEC. 212. ELIGIBILITY FOR AWARDS.

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

3 from consideration for awards of financial assistance made

4 by the National Aeronautics and Space Administration

5 after fiscal year 1995 any person who received funds,

6 other than those described in subsection (b), appropriated

7 for a fiscal year after fiscal year 1995, from any Federal

8 funding source for a project that was not subjected to a

9 competitive, merit-based award process. Any exclusion

10 from consideration pursuant to this section shall be effec11 tive for a period of 5 years after the person receives such

12 Federal funds.

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

14 awards to persons who are members of a class specified

15 by law for which assistance is awarded to members of the

16 class according to a formula provided by law.

17 SEC. 213. PROHIBITION OF LOBBYING ACTIVITIES.

18 None of the funds authorized by this Act shall be

19 available for any activity whose purpose is to influence leg20 islation pending before the Congress, except that this shall

21 not prevent officers or employees of the United States or

22 of its departments or agencies from communicating to

23 Members of Congress on the request of any Member or

24 to Congress, through the proper channels, requests for leg25 islation or appropriations which they deem necessary for

26 the efficient conduct of the public business.
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1 SEC. 214. LIMITATION ON APPROPRIATIONS.

2 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

3 1996.—Notwithstanding any other provision of law, no

4 sums are authorized to be appropriated for fiscal year

5 1996 for the activities for which sums are authorized by

6 this Act unless such sums are specifically authorized to

7 be appropriated by this Act.

8 (b) SUBSEQUENT FISCAL YEARS.—No sums are au9 thorized to be appropriated for any fiscal year after fiscal

10 year 1996 for the activities for which sums are authorized

11 by this Act unless such sums are specifically authorized

12 to be appropriated by Act of Congress with respect to such

13 fiscal year.

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