I

104TH CONGRESS

1ST SESSION H. R. 2405

To authorize appropriations for fiscal years 1996 and 1997 for civilian science

activities of the Federal Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1995

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

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

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

on Resources and Commerce, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To authorize appropriations for fiscal years 1996 and 1997

for civilian science activities of the Federal Government,

and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Omnibus Civilian Science Authorization Act of 1995’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.
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TITLE I—NATIONAL SCIENCE FOUNDATION

Sec. 101. Short title.

Sec. 102. Definitions.

Subtitle A—National Science Foundation Authorization

Sec. 111. Authorization of appropriations.

Sec. 112. Proportional reduction of research and related activities amounts.

Sec. 113. Consultation and representation expenses.

Sec. 114. Reprogramming.

Sec. 115. Further authorizations

Subtitle B—General Provisions.

Sec. 121. Annual report.

Sec. 122. National research facilities.

Sec. 123. Eligibility for research facility awards.

Sec. 124. Administrative amendments.

Sec. 125. Indirect costs.

Sec. 126. Research instrumentation and facilities.

Sec. 127. Financial disclosure.

Sec. 128. Educational leave of absence for active duty.

Sec. 129. Prohibition of lobbying activities.

Sec. 130. Science Studies Institute.

Sec. 131. Educational impact.

Sec. 132. Divisions of the Foundation.

Sec. 133. Limitation on appropriations.

Sec. 134. Eligibility for awards.

TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Subtitle A—General Provisions

Sec. 201. Short title.

Sec. 202. Findings.

Sec. 203. Definitions.

Subtitle B—Authorization of Appropriations

CHAPTER 1—AUTHORIZATIONS

Sec. 211. Human space flight.

Sec. 212. Science, aeronautics, and technology.

Sec. 213. Mission support.

Sec. 214. Inspector General.

Sec. 215. Total authorization.

Sec. 216. Additional authorization and corresponding reduction.

Sec. 217. Limited availability.

CHAPTER 2—RESTRUCTURING THE NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION

Sec. 221. Findings.

Sec. 222. Asset-based review.

CHAPTER 3—LIMITATIONS AND SPECIAL AUTHORITY

Sec. 231. Use of funds for construction.
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Sec. 232. Availability of appropriated amounts.

Sec. 233. Reprogramming for construction of facilities.

Sec. 234. Consideration by committees.

Sec. 235. Limitation on obligation of unauthorized appropriations.

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

Sec. 237. Limitation on transfer to Russia.

Subtitle C—Miscellaneous Provisions

Sec. 241. Commercial space launch amendments.

Sec. 242. Office of Air and Space Commercialization authorization.

Sec. 243. Requirement for independent cost analysis.

Sec. 244. National Aeronautics and Space Act of 1958 amendments.

Sec. 245. Procurement.

Sec. 246. Additional National Aeronautics and Space Administration facilities.

Sec. 247. Purchase of space science data.

Sec. 248. Report on Mission to Planet Earth.

Sec. 249. Shuttle privatization.

Sec. 250. Aeronautical research and technology facilities.

Sec. 251. Launch voucher demonstration program amendments.

Sec. 252. Privatization of microgravity parabolic flight operations.

Sec. 253. Eligibility for awards.

Sec. 254. Prohibition of lobbying activities.

Sec. 255. Limitation on appropriations.

Sec. 256. Unitary Wind Tunnel Plan Act of 1949 amendments.

TITLE III—DEPARTMENT OF ENERGY

Sec. 301. Short title.

Sec. 302. Definitions.

Sec. 303. Authorization of appropriations.

Sec. 304. Funding limitations.

Sec. 305. Limitation on appropriations.

Sec. 306. Merit review requirements for awards of financial assistance.

Sec. 307. Policy on capital projects and construction.

Sec. 308. Further authorizations.

Sec. 309. High energy and nuclear physics.

Sec. 310. Prohibition of lobbying activities.

Sec. 311. Eligibility for awards.

Sec. 312. Termination costs.

TITLE IV—NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION

Sec. 401. Short title.

Sec. 402. Definitions.

Subtitle A—Atmospheric, Weather, and Satellite Programs

Sec. 411. National Weather Service.

Sec. 412. Atmospheric research.

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

Subtitle B—Marine Research

Sec. 421. National Ocean Service.

Sec. 422. Ocean and Great Lakes research.
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Sec. 423. Use of ocean research resources of other Federal agencies.

Subtitle C—Program Support

Sec. 431. Program support.

Subtitle D—Streamlining of Operations

Sec. 441. Program terminations.

Sec. 442. Limitations on appropriations.

Sec. 443. Reduction in the commissioned officer corps.

Subtitle E—Miscellaneous

Sec. 451. Weather data buoys.

Sec. 462. Duties of the National Weather Service.

Sec. 453. Reimbursement of expenses.

Sec. 454. Eligibility for awards.

Sec. 455. Prohibition of lobbying activities.

Sec. 456. Report on laboratories.

TITLE V—ENVIRONMENTAL PROTECTION AGENCY

Sec. 501. Short title.

Sec. 502. Definitions.

Sec. 503. Authorization of appropriations.

Sec. 504. Scientific research review.

Sec. 505. Prohibition of lobbying activities.

Sec. 506. Eligibility for awards.

Sec. 507. Graduate student fellowships.

TITLE VI—TECHNOLOGY

Subtitle A—Technology Administration

Sec. 601. Short title.

Sec. 602. Authorization of appropriations.

Sec. 603. National Institute of Standards and Technology Act amendments.

Sec. 604. Stevenson-Wydler Technology Innovation Act of 1980 amendments.

Sec. 605. Personnel.

Sec. 606. Fastener Quality Act amendments.

Sec. 607. Prohibition of lobbying activities.

Sec. 608. Limitation on appropriations.

Sec. 609. Eligibility for awards.

Sec. 610. Standards conformity.

Sec. 611. Further authorizations.

TITLE VII—UNITED STATES FIRE ADMINISTRATION

Sec. 701. Short title.

Sec. 702. Authorization of appropriations.

Sec. 703. Fire safety systems in Army housing.

Sec. 704. Successor fire safety standards.

Sec. 705. Termination or privatization of functions.

Sec. 706. Report on budgetary reduction.
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1 TITLE I—NATIONAL SCIENCE

2 FOUNDATION

3 SEC. 101. SHORT TITLE.

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

5 Foundation Authorization Act of 1995’’.

6 SEC. 102. DEFINITIONS.

7 For purposes of this title—

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

9 the Foundation;

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

11 Science Foundation;

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

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

14 of the Higher Education Act of 1965;

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

16 a research facility funded by the Foundation which

17 is available, subject to appropriate policies allocating

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

20 States; and

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

22 States, the District of Columbia, the Commonwealth

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

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

2 United States.

3 Subtitle A—National Science

4 Foundation Authorization

5 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

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

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

9 develop human resources in science and engineering,

10 and that those programs should be funded at an

11 adequate level;

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

14 and science education and the support of research

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

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

18 economic competitiveness of the United States

19 should be in accord with that primary mission.

20 (b) FISCAL YEAR 1996.—There are authorized to be

21 appropriated to the Foundation $3,126,000,000 for fiscal

22 year 1996, which shall be available for the following cat23 egories:
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1 (1) Research and Related Activities,

2 $2,226,300,000, which shall be available for the fol3 lowing subcategories:

4 (A) Mathematical and Physical Sciences,

5 $632,200,000.

6 (B) Engineering, $311,600,000.

7 (C) Biological Sciences, $293,300,000.

8 (D) Geosciences, $408,800,000.

9 (E) Computer and Information Science

10 and Engineering, $249,500,000.

11 (F) Social, Behavioral, and Economic

12 Sciences, $111,300,000.

13 (G) United States Polar Research Pro14 grams, $156,000,000.

15 (H) United States Antarctic Logistical

16 Support Activities, $62,600,000.

17 (I) Critical Technologies Institute,

18 $1,000,000.

19 (2) Education and Human Resources Activities,

20 $600,000,000.

21 (3) Major Research Equipment, $70,000,000.

22 (4) Academic Research Facilities Moderniza23 tion, $100,000,000.

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

25 (6) Office of Inspector General, $4,500,000.
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1 (7) Headquarters Relocation, $5,200,000.

2 (c) FISCAL YEAR 1997.—There are authorized to be

3 appropriated to the Foundation $3,171,400,000 for fiscal

4 year 1997, which shall be available for the following cat5 egories:

6 (1) Research and Related Activities,

7 $2,286,200,000.

8 (2) Education and Human Resources Activities,

9 $600,000,000.

10 (3) Major Research Equipment, $55,000,000.

11 (4) Academic Research Facilities Moderniza12 tion, $100,000,000.

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

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

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

16 SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND

17 RELATED ACTIVITIES AMOUNTS.

18 If the amount appropriated pursuant to section

19 111(b)(1) is less than the amount authorized under that

20 paragraph, the amount authorized for each subcategory

21 under that paragraph shall be reduced by the same pro22 portion.
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1 SEC. 113. CONSULTATION AND REPRESENTATION EX2 PENSES.

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

5 in each fiscal year for official consultation, representation,

6 or other extraordinary expenses at the discretion of the

7 Director. The determination of the Director shall be final

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

10 SEC. 114. REPROGRAMMING.

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

12 Director may transfer appropriated funds among the

13 subcategories of Research and Related Activities, so long

14 as the net funds transferred to or from any subcategory

15 do not exceed $500,000.

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

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

19 transfer under this subsection must be transmitted in

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

22 Resources and Commerce, Science, and Transportation of

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

24 30 calendar days have passed after transmission of such

25 written explanation.
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1 SEC. 115. FURTHER AUTHORIZATIONS.

2 Nothing in this title shall preclude further authoriza3 tion of appropriations for the National Science Founda4 tion for fiscal year 1996: Provided, That authorization al5 locations adopted by the Conference Committee on House

6 Concurrent Resolution 67, and approved by Congress,

7 allow for such further authorizations.

8 Subtitle B—General Provisions

9 SEC. 121. ANNUAL REPORT.

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

11 of 1950 (42 U.S.C. 1862(f)) is amended to read as fol12 lows:

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

14 to the President which shall be submitted by the Director

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

16 budget submission. The report shall—

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

18 a previous strategic plan, which—

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

20 overall goals for the Foundation and specific

21 goals for each major activity of the Foundation,

22 including each scientific directorate, the edu23 cation directorate, and the polar programs of24 fice; and
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1 ‘‘(B) describe how the identified goals re2 late to national needs and will exploit new op3 portunities in science and technology;

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

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

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

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

11 with paragraph (1) and summarize planned activities

12 for the coming three years in the context of the

13 identified goals, with particular emphasis on the

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

16 ‘‘(4) contain such recommendations as the

17 Foundation considers appropriate; and

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

19 disposition by the Foundation of any patents and

20 patent rights.’’.

21 SEC. 122. NATIONAL RESEARCH FACILITIES.

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

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

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

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

2 shall include estimates of the cost for such construction,

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

4 operation and maintenance of existing and proposed new

5 facilities. For proposed new construction and for major

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

8 of the construction. The plan shall include cost estimates

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

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

11 for not fewer than the succeeding 4 years.

12 (b) LIMITATION ON OBLIGATION OF UNAUTHORIZED

13 APPROPRIATIONS.—No funds appropriated for any project

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

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

20 Foundation of the construction project is less than

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

23 prior to June 30, 1994.
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1 SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

2 Section 203(b) of the Academic Research Facilities

3 Modernization Act of 1988 is amended by striking the

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

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

8 apply to previous funding received for the same multiyear

9 project.’’.

10 SEC. 124. ADMINISTRATIVE AMENDMENTS.

11 (a) NATIONAL SCIENCE FOUNDATION ACT OF 1950

12 AMENDMENTS.—The National Science Foundation Act of

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

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

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

19 amending paragraph (2) to read as follows:

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

22 in the Federal Register and reported to the Committees

23 on Labor and Human Resources and Commerce, Science,

24 and Transportation of the Senate and the Committee on

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

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

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

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

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

6 1873(j)); and

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

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

9 lieu thereof ‘‘Secretary of Energy’’.

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

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

14 first place it appears.

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

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

19 amended to read as follows:

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

21 States and the District of Columbia by any agency

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

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

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

3 (d) EDUCATION FOR ECONOMIC SECURITY ACT

4 AMENDMENTS.—Section 107 of Education for Economic

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

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

8 Act of 1950 is repealed.

9 SEC. 125. INDIRECT COSTS.

10 (a) MATCHING FUNDS.—Matching funds required

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

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

14 purposes of determining indirect cost rates.

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

16 and Technology Policy, in consultation with other relevant

17 agencies, shall prepare a report analyzing what steps

18 would be needed to—

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

21 that are allocated for indirect costs; and

22 (2) reduce the variance among indirect cost

23 rates of different institutions of higher education,

24 including an evaluation of the relative benefits and bur25 dens of each option on institutions of higher education.
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1 Such report shall be transmitted to the Congress no later

2 than December 31, 1995.

3 SEC. 126. RESEARCH INSTRUMENTATION AND FACILITIES.

4 The Foundation shall incorporate the guidelines set

5 forth in Important Notice No. 91, dated March 11, 1983

6 (48 Fed. Reg. 15754, April 12, 1983), relating to the use

7 and operation of Foundation-supported research instru8 mentation and facilities, in its notice of Grant General

9 Conditions, and shall examine more closely the adherence

10 of grantee organizations to such guidelines.

11 SEC. 127. FINANCIAL DISCLOSURE.

12 Persons temporarily employed by or at the Founda13 tion shall be subject to the same financial disclosure re14 quirements and related sanctions under the Ethics in Gov15 ernment Act of 1978 as are permanent employees of the

16 Foundation in equivalent positions.

17 SEC. 128. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE

18 DUTY.

19 In order to be eligible to receive funds from the Foun20 dation after September 30, 1995, an institution of higher

21 education must provide that whenever any student of the

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

23 other reserve component of the Armed Forces of the

24 United States, is called or ordered to active duty, other

25 than active duty for training, the institution shall grant
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1 the member a military leave of absence from their edu2 cation. Persons on military leave of absence from their in3 stitution shall be entitled, upon release from military duty,

4 to be restored to the educational status they had attained

5 prior to their being ordered to military duty without loss

6 of academic credits earned, scholarships or grants award7 ed, or tuition and other fees paid prior to the commence8 ment of the military duty. It shall be the duty of the insti9 tution to refund tuition or fees paid or to credit the tuition

10 and fees to the next semester or term after the termi11 nation of the educational military leave of absence at the

12 option of the student.

13 SEC. 129. PROHIBITION OF LOBBYING ACTIVITIES.

14 None of the funds authorized by this title shall be

15 available for any activity whose purpose is to influence leg16 islation pending before the Congress, except that this shall

17 not prevent officers or employees of the United States or

18 of its departments or agencies from communicating to

19 Members of Congress on the request of any Member or

20 to Congress, through the proper channels, requests for leg21 islation or appropriations which they deem necessary for

22 the efficient conduct of the public business.
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1 SEC. 130. SCIENCE STUDIES INSTITUTE.

2 (a) AMENDMENT.—Section 822 of the National De3 fense Authorization Act for Fiscal 1991 (42 U.S.C. 6686)

4 is amended—

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

6 in the section heading and in subsection (a), and in7 serting in lieu thereof ‘‘Science Studies Institute’’;

8 (2) in subsection (b) by striking ‘‘As deter9 mined by the chairman of the committee referred to

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

11 ‘‘The’’;

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

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

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

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

16 paragraph (3) of this subsection—

17 (A) by inserting ‘‘science and’’ after ‘‘de18 velopments and trends in’’ in paragraph (1);

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

20 in paragraph (1) and all that follows through

21 the end of such paragraph and inserting in lieu

22 thereof ‘‘and developing and maintaining rel23 evant informational and analytical tools.’’;

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

25 follows through ‘‘technology policies’’ in para26 graph (2) and inserting in lieu thereof ‘‘with
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1 particular attention to the scope and content of

2 the Federal science and technology research

3 and develop portfolio as it affects interagency

4 and national issues’’;

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

6 follows:

7 ‘‘(3) Initiation of studies and analysis of alter8 natives available for ensuring the long-term strength

9 of the United States in the development and applica10 tion of science and technology, including appropriate

11 roles for the Federal Government, State govern12 ments, private industry, and institutions of higher

13 education in the development and application of

14 science and technology.’’;

15 (E) by inserting ‘‘science and’’ after ‘‘Ex16 ecutive branch on’’ in paragraph (4)(A); and

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

18 as follows:

19 ‘‘(B) to the interagency committees and

20 panels of the Federal Government concerned

21 with science and technology.’’;

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

23 paragraph (3) of this subsection, by striking ‘‘sub24 section (d)’’ and inserting in lieu thereof ‘‘subsection

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

3 as follows:

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

5 Science and Technology Policy shall be the sponsor of the

6 Institute.’’.

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

8 law or regulations to the Critical Technologies Institute

9 shall be considered to be references to the Science Studies

10 Institute.

11 SEC. 131. EDUCATIONAL IMPACT.

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

13 (1) Federal research funds made available to

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

16 undergraduate teaching and to narrow the focus of

17 their graduate programs; and

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

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

22 higher education.

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

24 grant or cooperative agreement by the National Science

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

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

3 agreement to that institution.

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

5 any grant or cooperative agreement awarded after Sep6 tember 30, 1996.

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

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

9 later than December 31, 1995, to the Committee on

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

12 Committee on Labor and Human Resources of the Senate.

13 SEC. 132. DIVISIONS OF THE FOUNDATION.

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

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

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

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

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

20 (b) REPORT.—By November 15, 1995, the Director

21 shall transmit to the Congress a report on the reorganiza22 tion of the National Science Foundation required as a re23 sult of the amendment made by subsection (a).
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1 SEC. 133. 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 title unless such sums are specifically authorized to

7 be appropriated by this title.

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 title unless such sums are specifically authorized

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

13 such fiscal year.

14 SEC. 134. ELIGIBILITY FOR AWARDS.

15 (a) IN GENERAL.—The Director shall exclude from

16 consideration for awards of financial assistance made by

17 the Foundation after fiscal year 1995 any person who re18 ceived funds, other than those described in subsection (b),

19 appropriated for a fiscal year after fiscal year 1995, from

20 any Federal funding source for a project that was not sub21 jected to a competitive, merit-based award process. Any

22 exclusion from consideration pursuant to this section shall

23 be effective for a period of 5 years after the person re24 ceives such Federal funds.

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

26 awards to persons who are members of a class specified
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1 by law for which assistance is awarded to members of the

2 class according to a formula provided by law.

3 TITLE II—NATIONAL AERO4 NAUTICS AND SPACE ADMIN5 ISTRATION

6 Subtitle A—General Provisions

7 SEC. 201. SHORT TITLE.

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

9 and Space Administration Authorization Act, Fiscal Year

10 1996’’.

11 SEC. 202. FINDINGS.

12 The Congress makes the following findings:

13 (1) The National Aeronautics and Space Ad14 ministration has failed to request sufficient funds to

15 perform all missions it has proposed in annual budg16 et requests. For fiscal year 1996, the budget re17 quested is $140,000,000 below the amount required

18 to fulfill program commitments made by the fiscal

19 year 1995 budget approved by Congress. The re20 quest for fiscal year 1996 proposes continued

21 underfunding of the requirements of the National

22 Aeronautics and Space Administration by

23 $439,000,000 for fiscal year 1997, $847,000,000 for

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

25 1999, and $1,532,000,000 for fiscal year 2000.
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1 (2) In order to close the gap between projected

2 program requirements and the underfunding re3 quested, the National Aeronautics and Space Admin4 istration should aggressively pursue actions and re5 forms directed at reducing institutional costs, includ6 ing management restructuring, facility consolidation,

7 procurement reform, personnel base downsizing, and

8 convergence with other defense and private sector

9 systems.

10 (3) While institutional reforms, restructurings,

11 and downsizing hold the promise of comporting the

12 projected needs of the National Aeronautics and

13 Space Administration with funding levels requested

14 by the Administration, such reforms provide no

15 guarantee against cancellation of missions in the

16 event reform efforts fail to achieve cost reduction

17 targets.

18 (4) The National Aeronautics and Space Ad19 ministration must reverse its current trend toward

20 becoming an operational agency, and return to its

21 proud history as the Nation’s leader in basic sci22 entific air and space research.

23 (5) Commercial space activity is in a delicate

24 state of growth but has the potential to eclipse Fed-
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1 eral space activity in its economic return to the Na2 tion if not stifled.

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

6 radically alter the manner in which the Government

7 approaches its space mission.

8 (7) The overwhelming preponderance of the

9 Federal Government’s requirements for routine, non10 emergency manned and unmanned space transpor11 tation can be most effectively, efficiently, and eco12 nomically met by a free and competitive market in

13 privately developed and operated launch services.

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

16 Space Administration should aggressively pursue re17 verse contracting opportunities to support the pri18 vate sector development of advanced space transpor19 tation technologies including reusable space vehicles,

20 single-stage-to-orbit vehicles, and manner space sys21 tems.

22 (9) International cooperation in space explo23 ration and science activities serves the United States

24 national interest—

25 (A) when it—
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1 (i) reduces the cost of undertaking

2 missions the United States Government

3 would pursue unilaterally;

4 (ii) enables the United States to pur5 sue missions that it could not otherwise af6 ford to pursue unilaterally; or

7 (iii) enhances United States capabili8 ties to use and develop space for the bene9 fit of United States citizens; and

10 (B) when it does not—

11 (i) otherwise harm or interfere with

12 the ability of United States private sector

13 firms to develop or explore space commer14 cially;

15 (ii) interfere with the ability of Fed16 eral agencies to use space to complete their

17 missions;

18 (iii) undermine the ability of United

19 States private enterprise to compete favor20 ably with foreign entities in the commercial

21 space arena; or

22 (iv) transfer sensitive or commercially

23 advantageous technologies or knowledge

24 from the United States to other countries

25 or foreign entities except as required by
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1 those countries or entities to make their

2 contribution to a multilateral space project

3 in partnership with the United States, or

4 on a quid pro quo basis.

5 (10) The National Aeronautics and Space Ad6 ministration and the Department of Defense can co7 operate more effectively in leveraging their mutual

8 capabilities to conduct joint space missions that im9 prove United States space capabilities and reduce

10 the cost of conducting space missions.

11 SEC. 203. DEFINITIONS.

12 For purposes of this title—

13 (1) the term ‘‘Administrator’’ means the Ad14 ministrator of the National Aeronautics and Space

15 Administration; and

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

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

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

19 1141(a)).

20 Subtitle B—Authorization of

21 Appropriations

22 CHAPTER 1—AUTHORIZATIONS

23 SEC. 211. HUMAN SPACE FLIGHT.

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

25 appropriated to the National Aeronautics and Space Ad-
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1 ministration for fiscal year 1996 for Human Space Flight

2 the following amounts:

3 (1) For Space Shuttle Operations,

4 $2,341,800,000.

5 (2) For Space Shuttle Safety and Performance

6 Upgrades, $837,000,000.

7 (3) For Payload and Utilization Operations,

8 $315,000,000.

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

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

11 funds authorized to be appropriated under subsection

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

13 Firex Systems, Pads A and B, Kennedy Space Center.

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

15 subsection (a)(2), $7,500,000 are authorize for replace16 ment of the Chemical Analysis Facility, Kennedy Space

17 Center.

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

19 subsection (a)(2), $4,900,000 are authorized for replace20 ment of the Space Shuttle Main Engine Processing Facil21 ity, Kennedy Space Center.

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

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

24 appropriated to the National Aeronautics and Space Ad-
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1 ministration for fiscal year 1996 for Science, Aeronautics,

2 and Technology the following amounts:

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

4 which—

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

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

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

8 funds are authorized for the Space Infrared

9 Telescope Facility; and

10 (B) $827,800,000 are authorized for Plan11 etary Exploration, of which $30,000,000 shall

12 be for the New Millennium Spacecraft, includ13 ing $5,000,000 for the National Aeronautics

14 and Space Administration’s participation in

15 Clementine 2 (Air Force Program Element

16 0603401F Advanced Spacecraft Technology).

17 (2) For Life and Microgravity Sciences and Ap18 plications, $293,200,000.

19 (3) For Mission to Planet Earth,

20 $1,013,100,000, of which $21,500,000 shall only be

21 for activities described in section 248(b)(7)(A), ex22 cept that no funds are authorized for the Consor23 tium for International Earth Science Information

24 Network (except as provided in section 217) or the

25 Topex Poseidon Follow-On mission. Funds author-
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1 ized by this paragraph may not be expended to du2 plicate private sector or other Federal activities or to

3 procure systems to provide data unless the Adminis4 trator certifies to Congress that no private sector or

5 Federal entity can provide suitable data in a timely

6 manner. Notwithstanding any other provision of law,

7 funds in excess of those authorized by this para8 graph may not be obligated for Mission to Planet

9 Earth.

10 (4) For Space Access and Technology,

11 $639,800,000 of which—

12 (A) $193,000,000 are authorized for Ad13 vanced Space Transportation;

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

15 made available for defraying the costs of con16 verting or redesigning commercially inconsistent

17 elements of former Federal facilities or to take

18 actions required for conformance with Federal

19 laws or regulations relating to commercial space

20 transportation infrastructure, to remain avail21 able until expended;

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

23 the Launch Voucher Demonstration Program

24 authorized under section 504 of the National

25 Aeronautics and Space Administration Author-
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1 ization Act, Fiscal Year 1993(15 U.S.C. 5803);

2 and

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

4 Small Spacecraft Technology Initiative, except

5 that funds for such Initiative may not be ex6 pended to duplicate private sector activities or

7 to fund any activities that a private sector en8 tity is proposing to carry out for commercial

9 purposes. No funds are authorized under this

10 paragraph for the Partnership for Next Genera11 tion Vehicle.

12 (5) For Aeronautical Research and Technology,

13 $826,900,000, of which—

14 (A) $354,700,000 are authorized for Re15 search and Technology Base activities;

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

17 Speed Research;

18 (C) $133,,000,000 are authorized for Ad19 vanced Subsonic Technology, except that no

20 funds are authorized for concept studies for Ad21 vanced Traffic Management and Affordable De22 sign and Manufacturing;

23 (D) $40,200,000 are authorized for High24 Performance Computing and Communications;

25 and
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1 (E) $48,100,000 are authorized for Nu2 merical Aerodynamic Simulation.

3 (6) For Mission Communication Services,

4 $461,300,000.

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

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

7 funds authorized to be appropriated under subsection

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

9 Earth Systems Science Building, Goddard Space Flight

10 Center.

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

12 subsection (a)(5), $5,400,000 are authorized for mod13 ernization of the Unitary Plan Wind Tunnel Complex,

14 Ames Research Center.

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

16 subsection (a)(2), $3,000,000 are authorized for the con17 struction of an addition to the Microgravity and Develop18 ment Laboratory, Marshall Space Flight Center.

19 SEC. 213. MISSION SUPPORT.

20 There are authorized to be appropriated to the Na21 tional Aeronautics and Space Administration for fiscal

22 year 1996 for Mission Support the following amounts:

23 (1) For Safety, Reliability, and Quality Assur24 ance, $37,600,000.
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1 (2) For Space Communication Services,

2 $319,400,000.

3 (3) For Construction of Facilities, including

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

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

6 Flight Systems Research Laboratory, Ames Re7 search Center;

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

9 chilled water distribution system, Goddard

10 Space Flight Center;

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

12 chillers, various buildings, Jet Propulsion Lab13 oratory;

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

15 of electrical distribution system, White Sands

16 Test Facility, Johnson Space Center;

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

18 main substation switchgear and circuit break19 ers, Johnson Space Center;

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

21 15kV load break switches, Kennedy Space Cen22 ter;

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

24 of Central Air Equipment Building, Lewis Re25 search Center;
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1 (H) $4,700,000 shall be for restoration of

2 high pressure air compressor system, Marshall

3 Space Flight Center;

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

5 Information and Electronic Systems Labora6 tory, Marshall Space Flight Center;

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

8 canal lock, Stennis Space Center;

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

10 primary electrical distribution systems, Wallops

11 Flight Facility;

12 (L) $30,000,000 shall be for repair of fa13 cilities at various locations, not in excess of

14 $1,500,000 per project;

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

16 and modification of facilities at various loca17 tions, not in excess of $1,500,000 per project;

18 (N) $2,000,000 shall be for minor con19 struction of new facilities and additions to exist20 ing facilities at various locations, not in excess

21 of $750,000 per project;

22 (O) $10,000,000 shall be for facility plan23 ning and design not otherwise provided for; and

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

25 compliance and restoration.
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1 (4) For Research and Program Management,

2 including personnel and related costs, travel, and re3 search operations support, $2,094,800,000.

4 SEC. 214. INSPECTOR GENERAL.

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

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

8 SEC. 215. TOTAL AUTHORIZATION.

9 Notwithstanding any other provision of this subtitle,

10 the total amount authorized to be appropriated to the Na11 tional Aeronautics and Space Administration under this

12 title shall not exceed $11,547,400,000 for fiscal year

13 1996.

14 SEC. 216. ADDITIONAL AUTHORIZATION AND CORRESPOND15 ING REDUCTION.

16 (a) AUTHORIZATION.—In addition to amounts au17 thorized by section 212(a)(3), there are authorized to be

18 appropriated to the National Aeronautics and Space Ad19 ministration for fiscal year 1996 for Mission to Planet

20 Earth $274,360,000, to be derived from amounts other21 wise authorized by this title.

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

23 within 30 days after the later of—

24 (1) the date of the enactment of this Act; and
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1 (2) the date of the enactment of the Act mak2 ing appropriations for the National Aeronautics and

3 Space Administration for fiscal year 1996,

4 transmit to the Committee on Science of the House of

5 Representatives and the Committee on Commerce,

6 Science, and Transportation of the Senate an operating

7 plan which identifies which amounts will be transferred

8 pursuant to subsection (a).

9 (c) LIMITATION ON OBLIGATION AND EXPENDI10 TURE.—None of the funds authorized by subsection (a)

11 shall be available for obligation or expenditure until—

12 (1) the National Academy of Sciences has con13 ducted a comprehensive review of the Mission to

14 Planet Earth program as part of its study of the

15 United States Global Change Research Program;

16 (2) the Administrator has reported to the Com17 mittee on Science of the House of Representatives

18 and the Committee on Commerce, Science, and

19 Transportation of the Senate a plan for implement20 ing the study’s recommendations and a formal re21 quest for all or part of such funds; and

22 (3) 90 legislative days have passed after the re23 port is transmitted under paragraph (2).
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1 SEC. 217. LIMITED AVAILABILITY.

2 Nothing in this title shall interfere with the rights

3 of any parties under contracts. Nothing in this title shall

4 preclude the Consortium for International Earth Science

5 Information Network from receiving a contract awarded

6 following a full and open competition.

7 CHAPTER 2—RESTRUCTURING THE NA8 TIONAL AERONAUTICS AND SPACE AD9 MINISTRATION

10 SEC. 221. FINDINGS.

11 The Congress finds that—

12 (1) the restructuring of the National Aero13 nautics and Space Administration is essential to ac14 complishing the space missions of the United States

15 while simultaneously balancing the Federal budget;

16 (2) to restructure the National Aeronautics and

17 Space Administration rapidly without reducing mis18 sion content and safety requires objective financial

19 judgment;

20 (3) no effort has been undertaken by the Na21 tional Aeronautics and Space Administration to per22 form a formal economic review of its missions and

23 the Federal assets that support them;

24 (4) therefore it is premature and unwarranted

25 to attempt closing any National Aeronautics and

26 Space Administration field center until an asset-
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1 based review of United States space missions and

2 capabilities to support them is performed; and

3 (5) cost savings from the closing of National

4 Aeronautics and Space Administration field centers

5 are speculative and potentially injurious to mission

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

7 SEC. 222. ASSET-BASED REVIEW.

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

9 days after the date of the enactment of this Act, the Ad10 ministrator shall publish in the Commerce Business Daily

11 a request for proposals to perform a National Aeronautics

12 and Space Administration asset-based review.

13 (b) QUALIFIED PROPOSALS.—Qualified proposals to

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

15 from United States persons whose primary business is cor16 porate financial strategy, investment banking, accounting,

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

18 propose to review, for each capital asset owned by the Na19 tional Aeronautics and Space Administration—

20 (1) its primary function or purpose in relation21 ship to a program, mission, or activity of the Na22 tional Aeronautics and Space Administration;

23 (20 the existence of other capital assets which

24 duplicate or overlap with such function or purpose;
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1 (3) the Federal and non-Federal users thereof;

2 and

3 (4) its necessity to carry out a program, mis4 sion, or activity of the National Aeronautics and

5 Space Administration.

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

7 asset-based review under this section shall complete such

8 review and transmit to the Administrator and the Con9 gress, no later than July 31, 1996, a report containing,

10 at a minimum—

11 (1) for each National Aeronautics and Space

12 Administration field center facility—

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

14 permanently retired or disposed of;

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

16 transferred to non-Federal institutions and cor17 porations, if the transfer of such asset is cost

18 effective; and

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

20 conduct of National Aeronautics and Space Ad21 ministration programs, missions, or activities,

22 and a justification for retaining the asset;

23 (2) for each National Aeronautics and Space

24 Administration program element—
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1 (A) a list of capital assets essential to the

2 conduct of the program element; and

3 (B) a plan for achieving the most cost-ef4 fective consolidation and efficient use of nec5 essary capital assets to support such program

6 element, including the use of non-Federal assets

7 where appropriate; and

8 (3) for each National Aeronautics and Space

9 Administration capital asset—

10 (A) the total annual cost of maintaining

11 and operating such capital asset, including Fed12 eral employee and contractor costs;

13 (B) the depreciated cost, replacement cost,

14 and salvage value; and

15 (C) the most cost-effective strategy for

16 maintaining, replacing, upgrading, or disposing

17 of the capital asset, as appropriate.

18 (d) IMPLEMENTATION.—The Administrator shall

19 consider the results of the asset-based review conducted

20 under this section, and based on the Administrator’s rec21 ommendations, the President shall propose to Congress

22 legislation required to implement those recommendations

23 no later than September 30, 1996.

24 (e) CLOSING OF FIELD CENTERS.—The Adminis25 trator shall not close any National Aeronautics and Space
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1 Administration field center until after the asset-based re2 view report is transmitted under subsection (c), and may

3 only close field centers that would become obsolete as a

4 result of the implementation of the Administrator’s rec5 ommendations, and may do so only after enactment of leg6 islation implementing those recommendations.

7 CHAPTER 3—LIMITATIONS AND SPECIAL

8 AUTHORITY

9 SEC. 231. USE OF FUNDS FOR CONSTRUCTION.

10 (a) AUTHORIZED USES.—Funds appropriated under

11 sections 211(a), 212(a), and 213 (1) and (2), and funds

12 appropriated for research operations support under sec13 tion 213(4), may be used for the construction of new fa14 cilities and additions to, repair of, rehabilitation of, or

15 modification of existing facilities at any location in support

16 of the purposes for which such funds are authorized.

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

18 subsection (a) may be expended for a project, the esti19 mated cost of which to the National Aeronautics and

20 Space Administration, including collateral equipment, ex21 ceeds $500,000, until 30 days have passed after the Ad22 ministrator has notified the Committee on Science of the

23 House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate of the
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1 nature, location, and estimated cost to the National Aero2 nautics and Space Administration of such project.

3 (c) TITLE TO FACILITIES.—If funds are used pursu4 ant to subsection (a) for grants to institutions of higher

5 education, or to nonprofit organizations whose primary

6 purpose is the conduct of scientific research, for purchase

7 or construction of additional research facilities, title to

8 such facilities shall be vested in the United States unless

9 the Administrator determines that the national program

10 of aeronautical and space activities will best be served by

11 vesting title in the grantee institution or organization.

12 Each such grant shall be made under such conditions as

13 the Administrator shall determine to be required to ensure

14 that the United States will receive therefrom benefits ade15 quate to justify the making of that grant.

16 SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.

17 To the extent provided in appropriations Acts, appro18 priations authorized under chapter 1 may remain available

19 without fiscal year limitation.

20 SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FA21 CILITIES.

22 (a) IN GENERAL.—Appropriations authorized under

23 any paragraph of section 211(b), 212(b), or 213(3)—

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

25 discretion of the Administrator; or
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1 (2) may be varied upward by 25 percent, to

2 meet unusual cost variations, after the expiration of

3 15 days following a report on the circumstances of

4 such action by the Administrator to the Committee

5 on Science of the House of Representatives and the

6 Committee on Commerce, Science, and Transpor7 tation of the Senate.

8 The aggregate amount authorized to be appropriated

9 under sections 211(b), 212(b) and 213(3) shall not be in10 creased as a result of actions authorized under paragraphs

11 (1) and (2) of this subsection.

12 (b) SPECIAL RULE.—Where the Administrator deter13 mines that new developments in the national program of

14 aeronautical and space activities have occurred; and that

15 such developments require the use of additional funds for

16 the purposes of construction, expansion, or modification

17 of facilities at any location; and that deferral of such ac18 tion until the enactment of the next National Aeronautics

19 and Space Administration Authorization Act would be in20 consistent with the interest of the Nation in aeronautical

21 and space activities, the Administrator may use up to

22 $10,000,000 of the amounts authorized under section

23 211(b), 212(b), or 213(3) for each fiscal year for such

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

25 of 30 days has passed after the Administrator has trans-
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1 mitted to the Committee on Commerce, Science, and

2 Transportation of the Senate and the Committee on

3 Science of the House of Representatives a written report

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

5 the reasons therefor.

6 SEC. 234. CONSIDERATION BY COMMITTEES.

7 Notwithstanding any other provision of law—

8 (1) no amount appropriated to the National

9 Aeronautics and Space Administration may be used

10 for any program for which the President’s annual

11 budget request included a request for funding, but

12 for which the Congress denied or did not provide

13 funding;

14 (2) no amount appropriated to the National

15 Aeronautics and Space Administration may be used

16 for any program in excess of the amount actually

17 authorized for the particular program by October 1;

18 and

19 (3) no amount appropriated to the National

20 Aeronautics and Space Administration may be used

21 for any program which has not been presented to

22 the Congress in the President’s annual budget re23 quest or the supporting and ancillary documents

24 thereto,
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1 unless a period of 30 days has passed after the receipt

2 by the Committee on Science of the House of Representa3 tives and the Committee on Commerce, Science, and

4 Transportation of the Senate of notice given by the Ad5 ministrator containing a full and complete statement of

6 the action proposed to be taken and the facts and cir7 cumstances relied upon in support of such proposed ac8 tion. The National Aeronautics and Space Administration

9 shall keep the Committee on Science of the House of Rep10 resentatives and the Committee on Commerce, Science,

11 and Transportation of the Senate fully and currently in12 formed with respect to all activities and responsibilities

13 within the jurisdiction of those committees. Except as oth14 erwise provided by law, any Federal department, agency,

15 or independent establishment shall furnish any informa16 tion requested by either committee relating to any such

17 activity or responsibility.

18 SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED

19 APPROPRIATIONS.

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

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

22 appropriations to the National Aeronautics and Space Ad23 ministration for fiscal year 1996 and the date of enact24 ment of this Act, the Administrator shall submit a report
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1 to Congress and to the Comptroller General which speci2 fies—

3 (1) the portion of such appropriations which are

4 for programs, projects, or activities not authorized

5 under chapter 1 of this subtitle, or which are in ex6 cess of amounts authorized for the relevant program,

7 project, or activity under this title; and

8 (2) the portion of such appropriations which are

9 authorized under this title.

10 (b) FEDERAL REGISTER NOTICE.—The Adminis11 trator shall, coincident with the submission of the report

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

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

14 funds are appropriated but which were not authorized

15 under this title, and solicit public comment thereon re16 garding the impact of such programs, projects, or activi17 ties on the conduct and effectiveness of the national aero18 nautics and space program.

19 (c) LIMITATION.—Notwithstanding any other provi20 sion of law, no funds may be obligated for any programs,

21 projects, or activities of the National Aeronautics and

22 Space Administration for fiscal year 1996 not authorized

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

24 of the public comment period contained in the notice re25 quired in subsection (b).
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1 SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

2 OR EXTRAORDINARY EXPENSES.

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

4 under section 212 may be used for scientific consultations

5 or extraordinary expenses, upon the authority of the Ad6 ministrator.

7 SEC. 237. LIMITATION ON TRANSFERS TO RUSSIA.

8 (a) LIMITATION.—No funds authorized to be appro9 priated to the National Aeronautics and Space Adminis10 tration for fiscal year 1996 may be paid or otherwise

11 transferred to Russia unless—

12 (1) the payment or transfer is authorized by

13 this title;

14 (2) the payment or transfer is made in ex15 change for goods or services that have been provided

16 to the National Aeronautics and Space Administra17 tion in accordance with a written agreement between

18 the National Aeronautics and Space Administration

19 and Russia;

20 (3) the Government of the Russian Federation

21 agrees to provide a monthly report to the National

22 Aeronautics and Space Administration during the

23 term of such written agreement, that fully accounts

24 for the disposition of the funds paid or transferred,

25 including information with respect to the preceding

26 month on—
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1 (A) the amount of the funds received, and

2 the date of receipt;

3 (B) the amount of the funds converted

4 from United States currency, the currency into

5 which the funds have been converted, and the

6 date and rate of conversion;

7 (C) the amount of non-United States cur8 rency, and of United States currency, that is

9 disbursed to any contractor or subcontractor,

10 the identity of such contractor or subcontractor,

11 and the date of disbursement; and

12 (D) the balance of the funds not disbursed

13 as of the date of the report;

14 (4) Russia has provided all monthly reports

15 with respect to which an agreement was made pur16 suant to paragraph (3); and

17 (5) the President, before such payment or

18 transfer and annually upon submission of the Presi19 dent’s budget request for fiscal years after fiscal

20 year 1996, has certified to the Congress that—

21 (A) the presence of any troops of the Rus22 sian Federation or the Commonwealth of Inde23 pendent States; and

24 (B) any action by the Russian Federation

25 or the Commonwealth of Independent States, in
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1 Estonia, Latvia, Lithuania, or any other inde2 pendent state of the former Soviet Union do not

3 violate the sovereignty of those independent

4 states.

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

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

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

8 instrumentality of the Government of the Russian Federa9 tion or the Russian Space Agency.

10 Subtitle C—Miscellaneous

11 Provisions

12 SEC. 241. COMMERCIAL SPACE LAUNCH AMENDMENTS.

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

14 States Code, is amended—

15 (1) in the table of sections—

16 (A) by amending the item relating to sec17 tion 70104 to read as follows:

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

18 (B) by amending the item relating to sec19 tion 70108 to read as follows:

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

and reentry sites, and reentries.’’;

20 and

21 (C) by amending the item relating to sec22 tion 70109 to read as follows:

‘‘70109. Preemption of scheduled launches or reentries.’’;
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1 (2) in section 70101—

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

3 after ‘‘information services,’’ in subsection

4 (a)(3);

5 (B) by inserting ‘‘, reentry,’’ after ‘‘launch6 ing’’ both places it appears in subsection (a)(4);

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

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

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

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

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

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

13 (a)(7);

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8 (3) in section 70102—

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

10 any payload’’ in paragraph (3);

11 (B) by redesignating paragraphs (10)

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

13 respectively;

14 (C) by inserting after paragraph (9) the

15 following new paragraphs:

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

17 attempt to return, purposefully, a reentry vehicle

18 and its payload, if any, from Earth orbit, from exo19 atmospheric flight, or from outer space to Earth.

20 ‘‘(11) ‘reentry services’ means—

21 ‘‘(A) activities involved in the preparation

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

23 reentry; and

24 ‘‘(B) the conduct of a reentry.
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1 ‘‘(12) ‘reentry site’ means the location on Earth

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

3 defined in a license the Secretary issues or transfers

4 under this chapter).

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

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

7 or a reusable launch vehicle designed to return from

8 outer space or exo-atmospheric flight to Earth, sub9 stantially intact.’’; and

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

11 ‘‘launch services’’ each place it appears in para12 graph (15), as so redesignated by subparagraph

13 (B) of this paragraph;

14 (4) in section 70103(b)—

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

16 ‘‘LAUNCHES’’ in the subsection heading;

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

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

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

20 ‘‘space launch’’ in paragraph (2);

21 (5) in section 70104—

22 (A) by amending the section designation

23 and heading to read as follows:
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1 ‘‘§ 70104. Restrictions on launches, operations, and

2 reentries’’;

3 (B) by inserting ‘‘or reentry site, or reen4 ter a reentry vehicle,’’ after ‘‘operate a launch

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

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

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

8 (D) in subsection (b)—

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

10 inserting in lieu thereof ‘‘license’’;

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

12 ‘‘may launch’’; and

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

14 ‘‘related to launching’’; and

15 (E) in subsection (c)—

16 (i) by amending the subsection head17 ing to read as follows: ‘‘PREVENTING

18 LAUNCHES AND REENTRIES.—’’;

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

20 ‘‘prevent the launch’’; and

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

22 ‘‘decides the launch’’;

23 (6) in section 70105—

24 (A) by inserting ‘‘or reentry site, or re25 entry of a reentry vehicle,’’ after ‘‘operation of

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

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

4 (7) in section 70106(a)—

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

6 ‘‘observer at a launch site’’; and

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

8 ‘‘assemble a launch vehicle’’;

9 (8) in section 70108—

10 (A) by amending the section designation

11 and heading to read as follows:

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

13 launches, operation of launch sites and

14 reentry sites, and reentries’’;

15 and

16 (B) in subsection (a)—

17 (i) by inserting ‘‘or reentry site, or re18 entry of a reentry vehicle,’’ after ‘‘oper19 ation of a launch site’’; and

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

21 ‘‘launch or operation’’;

22 (9) in section 70109—

23 (A) by amending the section designation

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

3 (B) in subsection (a)—

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

5 ‘‘ensure that a launch’’;

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

7 ‘‘United States Government launch site’’;

8 (iii) by inserting ‘‘or reentry date

9 commitment’’ after ‘‘launch date commit10 ment’’;

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

12 ‘‘obtained for a launch’’;

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

14 ‘‘access to a launch site’’;

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

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

17 services’’; and

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

19 ‘‘the scheduled launch’’; and

20 (C) in subsection (c), by inserting ‘‘or re21 entry’’ after ‘‘prompt launching’’;

22 (10) in section 70110—

23 (A) by inserting ‘‘or reentry’’ after ‘‘pre24 vent the launch’’ in subsection (a)(2); and
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1 (B) by inserting ‘‘or reentry site, or re2 entry of a reentry vehicle,’’ after ‘‘operation of

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

4 (11) in section 70111—

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

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

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

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

9 (C) by inserting ‘‘or reentry’’ after ‘‘com10 mercial launch’’ both places it appears in sub11 section (b)(1);

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

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

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

15 in subsection (d) and inserting in lieu thereof

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

17 launch or reentry’’; and

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

19 ‘‘manufacturer of the launch vehicle’’ in sub20 section (d);

21 (12) in section 70112—

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

23 launch’’ in subsection (a)(3);

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

25 ‘‘launch services’’ in subsection (a)(4);
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1 (C) by inserting ‘‘or reentry services’’ after

2 ‘‘launch services’’ each place it appears in sub3 section (b);

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

5 in subsection (d)(1);

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

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

8 and

9 (F) by inserting ‘‘or reentry site or a re10 entry’’ after ‘‘launch site’’ in subsection (e);

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

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

13 place it appears;

14 (14) in section 70115(b)(1)(D)(i)—

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

16 ‘‘launch site,’’; and

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

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

19 (15) in section 70117—

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

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

22 in subsection (a);

23 (B) by inserting ‘‘or reentry’’ after ‘‘ap24 proval of a space launch’’ in subsection (d);
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1 (C) by amending subsection (f) to read as

2 follows:

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

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

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

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

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

8 (D) in subsection (g)—

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

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

11 and inserting in lieu thereof ‘‘reentry, op12 eration of a launch vehicle or reentry vehi13 cle, or operation of a launch site or reentry

14 site,’’;

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

16 paragraph (1);

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

18 ‘‘launch,’’ in paragraph (2);

19 (iv) by striking the period at the end

20 of paragraph (2) and inserting in lieu

21 thereof ‘‘; or’’; and

22 (v) by adding at the end the following

23 new paragraph:

24 ‘‘(3) any amateur and similar small rocket ac25 tivities, as defined by the Secretary by regulation.’’;
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1 (16) in section 70119, by inserting the follow2 ing after paragraph (2):

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

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

5 fiscal year 1996. None of the funds authorized by this sec6 tion may be expended for policy development or analysis

7 activities not directly related to the Secretary’s regulatory

8 responsibilities under this chapter.’’.

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

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

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

12 apply’’ in subsection (a);

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

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

15 lieu thereof ‘‘accepting an application in accordance

16 with criteria established pursuant to subsection

17 (b)(2)(D)’’;

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

19 following new paragraph:

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

21 may establish procedures for certification of the safety of

22 a launch vehicle, reentry vehicle, or safety system, proce23 dure, service, or personnel that may be used in conducting

24 licensed commercial space launch or reentry activities.’’;
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1 (D) by striking ‘‘and’’ at the end of subsection

2 (b)(2)(B);

3 (E) by striking the period at the end of sub4 section (b)(2)(C) and inserting in lieu thereof ‘‘;

5 and’’;

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

7 the following new subparagraph:

8 ‘‘(D) regulations establishing criteria for ac9 cepting or rejecting an application for a license

10 under this chapter within 60 days after receipt of

11 such application.’’; and

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

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

14 (b)(3).

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

16 take effect upon the effective date of final regulations is17 sued pursuant to section 70105(b)(2)(D) of title 49,

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

19 subsection.

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

21 is amended—

22 (A) by redesignating subparagraphs (A) and

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

2 redesignated by subparagraph (A) of this paragraph,

3 the following new subparagraph:

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

6 one or more launches;’’.

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

8 is amended—

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

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

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

12 REENTRIES’’; and

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

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

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

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

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

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

22 a license is not issued within the deadline established by

23 this subsection.’’.

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

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

3 ‘‘The Secretary shall establish criteria and procedures for

4 determining the priority of competing requests from the

5 private sector and State governments for property and

6 services under this section.’’;

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

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

9 only’’; and

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

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

13 uniform guidelines for, and consistent implementation of,

14 this section by all Federal agencies.’’.

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

16 is amended—

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

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

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

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

21 (C) in subsection (f), by inserting ‘‘launch, re22 entry, or site operator’’ after ‘‘carried out under a’’.
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1 SEC. 242. OFFICE OF AIR AND SPACE COMMERCIALIZATION

2 AUTHORIZATION.

3 There are authorized to be appropriated to the Sec4 retary of Commerce for the activities of the Office of Air

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

6 1996.

7 SEC. 243. REQUIREMENT FOR INDEPENDENT COST ANALY8 SIS.

9 The Chief Financial Officer for the National Aero10 nautics and Space Administration shall be responsible for

11 conducting independent cost analyses of all new projects

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

13 the results annually to Congress at the time of the submis14 sion of the President’s budget request. In developing cost

15 accounting and reporting standards for carrying out this

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

17 practicable and consistent with other laws, solicit the ad18 vice of expertise outside of the National Aeronautics and

19 Space Administration.

20 SEC. 244. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

21 AMENDMENTS.

22 (a) DECLARATION OF POLICY AND PURPOSE.—Sec23 tion 102 of the National Aeronautics and Space Act of

24 1958 (42 U.S.C. 2451) is amended—
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1 (1) by striking subsection (e) and redesignating

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

3 through (g), respectively; and

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

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

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

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

8 the National Aeronautics and Space Act of 1958 (42

9 U.S.C. 2476(a)) is amended—

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

11 thereof ‘‘May’’; and

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

13 thereof ‘‘fiscal’’.

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

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

16 U.S.C. 2454) is amended—

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

18 after ‘‘subsection (b)’’; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(c)(1) The Administration may delay for a period

22 not to exceed 5 years the unrestricted public disclosure

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

24 of, the Administration that has been generated in the per25 formance of experimental, developmental, or research ac-
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1 tivities or programs funded jointly by the Administration

2 and the private sector.

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

4 of the National Aeronautics and Space Administration Au5 thorization Act, Fiscal Year 1996, the Administrator shall

6 issue regulations to carry out this subsection. Paragraph

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

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

9 shall include—

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

11 data is technical data within the meaning of this

12 subsection;

13 ‘‘(B) a requirement that a determination de14 scribed in subparagraph (A) that particular data is

15 technical data shall be reported to the Committee on

16 Science of the House of Representatives and the

17 Committee on Commerce, Science, and Transpor18 tation of the Senate;

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

20 available for dissemination within the United States

21 to United States persons and entities in furtherance

22 of the objective of maintaining leadership or com23 petitiveness in civil and governmental aeronautical

24 and space activities by the United States industrial

25 base; and
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1 ‘‘(D) a specification of the period or periods for

2 which the delay in unrestricted public disclosure of

3 technical data is to apply to various categories of

4 such data, and the restrictions on disclosure of such

5 data during such period or periods, including a re6 quirement that the maximum 5-year protection

7 under this subsection shall not be provided unless at

8 least 50 percent of the funding for the activities or

9 programs is provided by the private sector.

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

11 regulations under paragraph (2), the Administrator shall

12 include a list of those experimental, developmental, or re13 search activities or programs conducted by, or funded in

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

15 in products or processes of significant value in maintain16 ing leadership or competitiveness in civil and governmental

17 aeronautical and space activities by the United States in18 dustrial base. Such list shall be updated biannually.

19 ‘‘(5) For purposes of this subsection, the term ‘tech20 nical data means any recorded information, including com21 puter software, that is or may be directly applicable to

22 the design, engineering, development, production, manu23 facture, or operation of products or processes that may

24 have significant value in maintaining leadership or com-
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1 petitiveness in civil and governmental aeronautical and

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

3 SEC. 245 PROCUREMENT.

4 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

5 (1) IN GENERAL.—The Administrator shall es6 tablish within the Office of Space Access and Tech7 nology a program of expedited technology procure8 ment for the purpose of demonstrating how innova9 tive technology concepts can rapidly be brought to

10 bear upon space missions of the National Aero11 nautics and Space Administration.

12 (2) PROCEDURES AND EVALUATION.—The Ad13 ministrator shall establish procedures for actively

14 seeking from persons outside the National Aero15 nautics and Space Administration innovative tech16 nology concepts, relating to the provision of space

17 hardware, technology, or service to the National Aer18 onautics and Space Administration, and for the eval19 uation of such concepts by the National Aeronautics

20 and Space Administration’s Advisory Council against

21 mission requirements.

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

23 amounts authorized to be appropriated under section

24 212(a)(4) shall be used for innovative technology
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1 procurements that are determined under paragraph

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

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

4 out this subsection the Administrator shall recruit

5 and hire for limited term appointments persons from

6 outside the National Aeronautics and Space Admin7 istration with special expertise and experience relat8 ed to the innovative technology concepts with respect

9 to which procurements are made under this sub10 section.

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

12 effective 10 years after the date of its enactment.

13 (b) TECHNOLOGY PROCUREMENT INITIATIVE.—

14 (1) IN GENERAL.—The Administrator shall co15 ordinate National Aeronautics and Space Adminis16 tration resources in the areas of procurement, com17 mercial programs, and advanced technology in order

18 to—

19 (A) fairly assess and procure commercially

20 available technology from the marketplace in

21 the most efficient manner practicable;

22 (B) achieve a continuous pattern of inte23 grating advanced technology from the commer24 cial sector, and from Federal sources outside

25 the National Aeronautics and Space Adminis-
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1 tration, into the missions and programs of the

2 National Aeronautics and Space Administra3 tion;

4 (C) incorporate private sector buying and

5 bidding procedures, including fixed price con6 tracts, into procurements; and

7 (D) provide incentives for cost-plus con8 tractors of the National Aeronautics and Space

9 Administration to integrate commercially avail10 able technology in subsystem contracts on a

11 fixed-price basis.

12 (2) CERTIFICATION.—Upon solicitation of any

13 procurement for space hardware, technology, or serv14 ices that are not commercially available, the Admin15 istrator shall certify, by publication of a notice and

16 opportunity to comment in the Commerce Business

17 Daily, for each such procurement action, that no

18 functional equivalent, commercially, available space

19 hardware, technology, or service exists and that no

20 commercial method of procurement in available.

21 SEC. 246. ADDITIONAL NATIONAL AERONAUTICS AND

22 SPACE ADMINISTRATION FACILITIES.

23 The Administrator shall not construct or enter into

24 a new lease for facilities to support National Aeronautics

25 and Space Administration programs unless the Adminis-
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1 trator has certified to the Congress that the Administrator

2 reviewed existing National Aeronautics and Space Admin3 istration and other federally owned facilities, including

4 military facilities scheduled for closing or reduction, and

5 found no such facilities appropriate for the intended use.

6 SEC. 247. PURCHASE OF SPACE SCIENCE DATA.

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

8 the National Aeronautics and Space Administration shall

9 purchase from the private sector space science data. Ex10 amples of such data include scientific data concerning the

11 elemental and mineralogical resources of the moon and the

12 planets, Earth environmental data obtained through re13 mote sensing observations, and solar storm monitoring.

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

15 purchase of space data under this section shall be awarded

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

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

18 of supporting the bid of fulfillment of the contract, shall

19 not be required of bidders.

20 (3) Conformance with military specifications

21 (Milspec) or National Aeronautics and Space Administra22 tion specifications systems with respect to the design, con23 struction, or operation of equipment used in obtaining

24 space science data under contracts entered into under this
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1 section shall not be a requirement for a commercial pro2 vider bidding to provide such services.

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

4 the Federal Government to obtain ownership of data not

5 specifically sought by the Federal Government.

6 SEC. 248. REPORT OF MISSION TO PLANET EARTH.

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

8 6 months after the date of the enactment of this Act,

9 transmit to the Congress a report on Mission to Planet

10 Earth.

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

12 shall include—

13 (1) an analysis of Earth observation systems of

14 other countries and the ways in which the United

15 States could benefit from such systems, including by

16 eliminating duplication of effort;

17 (2) an analysis of how the Department of De18 fense’s airborne and space sensor programs could be

19 used in Mission to Planet Earth;

20 (3) a plan for infusing advanced technology into

21 the Mission to Planet Earth program, including

22 milestones and an identification of available re23 sources;
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1 (4) a plan to solicit proposals from the private

2 sector on how to innovatively accomplish the most

3 critical research on global climate change;

4 (5) an integrated plan for research in the Sci5 entific Research and Mission to Planet Earth enter6 prises of the National Aeronautics and Space Ad7 ministration;

8 (6) a plan for developing metrics and milestones

9 to quantify the performance of work on Mission to

10 Planet Earth; and

11 (7) an analysis of how the United States Gov12 ernment can—

13 (A) most effectively utilize space-based and

14 airborne Earth remote sensing data, services,

15 distribution, and applications provided by the

16 United States private sector to meet Govern17 ment goals for Mission to Planet Earth; and

18 (B) evaluate and foster commercial data

19 sources, commercial archiving services, commer20 cial applications, and commercial distribution of

21 Mission to Planet Earth data.

22 SEC. 249. SHUTTLE PRIVATIZATION

23 (a) POLICY AND PREPARATION.—The Administrator

24 shall prepare for an orderly transition from the Federal

25 operation, or Federal management of contracted oper-
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1 ation, of space transportation systems to the Federal pur2 chase of commercial space transportation services for all

3 nonemergency launch requirements, including human,

4 cargo, and mixed payloads. In those preparations, the Ad5 ministrator shall take into account the need for short-term

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

7 Aeronautics and Space Administration’s research focus

8 and its mandate to promote the fullest possible commercial

9 use of space. As part of those preparations, the Adminis10 trator shall plan for the potential privatization of the

11 Space Shuttle program.

12 (b) REQUEST FOR PROPOSALS.—Within 30 days

13 after the date of the enactment of this Act, the Adminis14 trator shall publish in the Commerce Business Daily a re15 quest for proposals to achieve a single prime contract for

16 the space shuttle program. The request for proposals shall

17 include—

18 (1) a timetable and milestones for selecting a

19 single prime contractor not later than September 30,

20 1996;

21 (2) criteria for selection of the single prime con22 tractor;

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

24 single prime contractor;
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1 (4) proposed terms and conditions of the single

2 prime contract, including fee and incentives for

3 achieving the target cost, and for savings below the

4 target cost; and

5 (5) a requirement that each proposal be accom6 panied by a plan by the proposer to privatize the

7 space shuttle program.

8 (c) PRIVATIZATION PLANS.—The Administrator shall

9 forward all privatization plans received pursuant to sub10 section (b)(5) to the Congress not later than 30 days after

11 the deadline for submitting proposals under subsection

12 (b).

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

14 funds authorized by this title shall be used to plan or pre15 pare for Federal Government, or federally contracted, op16 eration of the Space Shuttle beyond the year 2012, nor

17 for studying, designing, or developing upgrades to the

18 Shuttle whose sole purpose is to extend the operational

19 life of the Space Shuttle system beyond 2012. Nothing in

20 this title shall preclude the Federal, or federally con21 tracted, operation of the Space Shuttle through the year

22 2012, or the privatized operation of the Space Shuttle

23 after the year 2012.
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1 SEC. 250. 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 title, 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. 251. 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. 252. PRIVATIZATION OF MICROGRAVITY PARABOLIC

2 FLIGHT OPERATIONS.

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

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

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

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

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

13 through issuance of one or more long-term, renewable,

14 block purchase contracts for the performance of such oper15 ations by United States private sectors providers.

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

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

18 proposals to provide services as described in paragraph

19 (1). The Administrator shall coordinate the process of re20 view of such proposals, and shall oversee the transfer of

21 such operations to the private sector.

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

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

24 award one or more contracts for microgravity parabolic

25 flight services, and shall cease all National Aeronautics

26 and Space Administration-operated parabolic aircraft
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1 flights, and shall thereafter procure all microgravity

2 parabolic flight services from private sector providers. Na3 tional Aeronautics and Space Administration experi4 menters, and National Aeronautics and Space Administra5 tion-funded experimenters, who would otherwise use Na6 tional Aeronautics and Space Administration-owned or op7 erated microgravity parabolic flight aircraft, shall be is8 sued vouchers for the procurement of microgravity

9 parabolic flight services from the private sector.

10 SEC. 253. ELIGIBILITY FOR AWARDS.

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

12 from consideration for awards of financial assistance made

13 by the National Aeronautics and Space Administration

14 after fiscal year 1995 any person who received funds,

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

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

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

18 competitive, merit-based award process. Any exclusion

19 from consideration pursuant to this section shall be effec20 tive for a period of 5 years after the person receives such

21 Federal funds.

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

23 awards to persons who are members of a class specified

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

25 class according to a formula provided by law.
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1 SEC. 254. PROHIBITION OF LOBBYING ACTIVITIES.

2 None of the funds authorized by this title shall be

3 available for any activity whose purpose is to influence leg4 islation pending before the Congress, except that this shall

5 not prevent officers or employees of the United States or

6 of its departments or agencies from communicating to

7 Members of Congress on the request of any Member or

8 to Congress, through the proper channels, requests for leg9 islation or appropriations which they deem necessary for

10 the efficient conduct of the public business.

11 SEC. 255. LIMITATION ON APPROPRIATIONS.

12 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

13 1996.—Notwithstanding any other provision of law, no

14 sums are authorized to be appropriated for fiscal year

15 1996 for the activities for which sums are authorized by

16 this title unless such sums are specifically authorized to

17 be appropriated by this title.

18 (b) SUBSEQUENT FISCAL YEARS.—No sums are au19 thorized to be appropriated for any fiscal year after fiscal

20 year 1996 for the activities for which sums are authorized

21 by this title unless such sums are specifically authorized

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

23 fiscal year.
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1 SEC. 256. UNITARY WIND TUNNEL PLAN ACT OF 1949

2 AMENDMENTS.

3 The Unitary Wind Tunnel Plan Act of 1949 is

4 amended—

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

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

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

8 (2) in section 103 (50 U.S.C. 513)—

9 (A) by striking ‘‘laboratories’’ in sub10 section (a) and inserting in lieu thereof ‘‘labora11 tories and centers’’;

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

13 (a) and inserting in lieu thereof ‘‘transonic, su14 personic, and hypersonic’’; and

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

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

17 TITLE III—DEPARTMENT OF

18 ENERGY

19 SEC. 301. SHORT TITLE.

20 This title may be cited as the ‘‘Department of Energy

21 Civilian Research and Development Act of 1995’’.

22 SEC. 302. DEFINITIONS.

23 For purposes of this title—

24 (1) the term ‘‘CERN’’ means the European Or25 ganization for Nuclear Research;
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1 (2) the term ‘‘Department’’ means the Depart2 ment of Energy;

3 (3) the term ‘‘Large Hadron Collider project’’

4 means the Large Hadron Collider project at CERN;

5 (4) the term ‘‘major construction project’’

6 means a civilian development, demonstration, or

7 commercial application protect whose construction

8 costs are estimated to exceed $100,000,000 over the

9 life of the project;

10 (5) the term ‘‘Secretary’’ means the Secretary

11 of Energy;

12 (6) the term ‘‘substantial construction project’’

13 means a civilian research, development, demonstra14 tion, or commercial application project whose con15 struction costs are estimated to exceed $10,000,000,

16 but not to exceed $100,000,000, over the life of the

17 project; and

18 (7) the term ‘‘substantial equipment acquisi19 tion’’ means the acquisition of civilian research, de20 velopment, demonstration, or commercial application

21 equipment at a cost estimated to exceed

22 $10,000,000 for the entire acquisition.

23 SEC. 303. AUTHORIZATION OF APPROPRIATIONS

24 (a) ENERGY SUPPLY RESEARCH AND DEVELOPMENT

25 ACTIVITIES.—There are authorized to be appropriated to
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1 the Secretary for fiscal year 1996 for Energy Supply Re2 search and Development operating, capital equipment, and

3 construction the following amounts:

4 (1) Solar and Renewable Energy,

5 $235,451,000, of which—

6 (A) $235,331,000 shall be for operating and

7 capital equipment; and

8 (B) $120,000 shall be for construction of

9 Project GP–C–002, General Plant Projects, National

10 Renewable Energy Laboratory.

11 (2) Nuclear Energy, $270,448,000, of which—

12 (A) $267,748,000 shall be for operating

13 and capital equipment, including, subject to sec14 tion 304(c), $14,000,000 for the AP600 light

15 water reactor;

16 (B) $1,000,000 shall be for construction of

17 Project GPN–102, General Plant Projects, Ar18 gonne National Laboratory-West, Idaho; and

19 (C) $1,700,000 shall be for completion of

20 construction of Project 95–E–207, Modifica21 tions to Reactors, Experimental Breeder Reac22 tor–II, Sodium Processing Facility, Argonne

23 National Laboratory-West, Idaho.

24 (3) Environment, Safety, and Health,

25 $128,433,000 for operating and capital equipment.
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1 (4) Biological and Environmental Research,

2 $369,645,000, of which—

3 (A) $313,550,000 shall be for operating

4 and capital equipment;

5 (B) $3,500,000 shall be for construction of

6 Project GPE–120, General Plant Projects, Var7 ious Locations;

8 (C) $5,700,000 shall be for construction of

9 Project 94–E–339, Human Genome Labora10 tory, Lawrence Berkeley Laboratory;

11 (D) $4,295,000 shall be for completion of

12 construction of Project 94–E–338, Structural

13 Biology Facility, Argonne National Laboratory;

14 (E) $2,600,000 shall be for completion of

15 construction of Project 94–E–337, ALS Struc16 tural Biology Support Facilities, Lawrence

17 Berkeley Laboratory; and

18 (F) $40,000,000 shall be for construction

19 of Project 91–EM–100, Environmental Molecu20 lar Sciences Laboratory, Pacific Northwest

21 Laboratory.

22 (5) Fusion Energy, $254,144,000, of which—

23 (A) $245,144,000 shall be for operating

24 and capital equipment for Magnetic Fusion En25 ergy;
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1 (B) $4,800,000 shall be for operating and

2 capital equipment for Inertial Fusion Energy;

3 (C) $1,000,000 shall be for construction of

4 Project GPE–900, General Plant Projects, Var5 ious Locations; and

6 (D) $3,200,000 shall be for construction of

7 Project 96–E–310, Elise Project, Lawrence

8 Berkeley Laboratory.

9 (6) Basic Energy Sciences, $827,981,000, of

10 which—

11 (A) $805,412,000 shall be for operating

12 and capital equipment, including $60,000,000

13 for the Scientific Facilities Initiative;

14 (B) $4,500,000 shall be for construction of

15 Project GPE–400, General Plant Projects, Var16 ious Locations;

17 (C) $12,883,000 shall be for construction

18 of Project 96–E–305, Accelerator and Reactor

19 Improvements and Modifications;

20 (D) $3,186,000 shall be for completion of

21 construction of Project 89–R–402, 6–7 GeV

22 Synchrotron Radiation Source, Argonne Na23 tional Laboratory; and

24 (E) $2,000,000 shall be for construction of

25 Project 87–R–405, Combustion Research Facil-
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1 ity, Phase II, Sandia National Laboratories2 Livermore.

3 (7) Advisory and Oversight Program Direction,

4 $6,200,000 for operating.

5 (8) Policy and Management—Energy Research,

6 $2,200,000 for operating.

7 (9) Multiprogram Energy Laboratories—Facili8 ties Support—

9 (A) $15,539,000 shall be for operating and

10 capital equipment;

11 (B) $8,740,000 shall be for construction of

12 Project GPE–801, General Plant Projects, Var13 ious Locations;

14 (C) $8,740,000 shall be for construction of

15 Project 95–E–310, Multiprogram Laboratory

16 Rehabilitation, Phase 1, Pacific Northwest Lab17 oratory;

18 (D) $1,500,000 shall be for construction of

19 Project 95–E–303, Electrical Safety Rehabilita20 tion, Pacific Northwest Laboratory;

21 (E) $3,270,000 shall be for completion of

22 construction of Project 95–E–302, Applied

23 Science Center, Phase 1, Brookhaven National

24 Laboratory;
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1 (F) $2,500,000 shall be for construction of

2 Project 95–E–301, Central Heating Plant Re3 habilitation, Phase 1, Argonne National Lab4 oratory;

5 (G) $2,038,000 shall be for construction of

6 Project 94–E–363, Roofing Improvements, Oak

7 Ridge National Laboratory;

8 (H) $440,000 shall be for completion of

9 construction of Project 94–E–351, Fuel Stor10 age and Transfer Facility Upgrade, Brookhaven

11 National Laboratory;

12 (I) $800,000 shall be for construction of

13 Project 96–E–332, Building 801 Renovations,

14 Brookhaven National Laboratory;

15 (J) $2,400,000 shall be for completion of

16 construction of Project 96–E–331, Sanitary

17 Sewer Restoration, Phase I, Lawrence Berkeley

18 Laboratory;

19 (K) $1,200,000 shall be for construction of

20 Project 96–E–330, Building Electrical Service

21 Upgrade, Phase I, Argonne National Labora22 tory;

23 (L) $2,480,000 shall be for construction of

24 Project 95–E–309, Loss Prevention Upgrade-
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1 Electrical Substations, Brookhaven National

2 Laboratory;

3 (M) $1,540,000 shall be for construction

4 of Project 95–E–308, Sanitary System Modi5 fications, Phase II, Brookhaven National Lab6 oratory;

7 (N) $1,000,000 shall be for construction of

8 Project 95–E–307, Fire Safety Improvements,

9 Phase III, Argonne National Laboratory;

10 (O) $1,288,000 shall be for completion of

11 construction of Project 93–E–324, Hazardous

12 Materials Safeguards, Phase I, Lawrence

13 Berkeley Laboratory;

14 (P) $1,130,000 shall be for completion of

15 construction of Project 93–E–323, Fire and

16 Safety Systems Upgrade, Phase I, Lawrence

17 Berkeley Laboratory; and

18 (Q) $2,411,000 shall be for construction of

19 Project 93–E–320, Fire and Safety Improve20 ments, Phase II, Argonne National Laboratory.

21 Notwithstanding subparagraphs (A) through (Q),

22 the total amount authorized under this paragraph

23 shall not exceed $39,327,000.

24 (10) Technical Information Management Pro25 gram, $14,394,000, of which—
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1 (A) $12,894,000 shall be for operating and

2 capital equipment; and

3 (B) $1,500,000 shall be for construction of

4 Project 95–A–500, Heating, Venting, and Air

5 Conditioning Retrofits, Oak Ridge.

6 (11) Environmental Management,

7 $644,197,000, of which—

8 (A) $627,127,000 shall be for operating

9 and capital equipment;

10 (B) $339,000 shall be for completion of

11 construction of Project 92–E–601, Melton Val12 ley Liquid Low-Level Waste Collection and

13 Transfer System Upgrade, Oak Ridge National

14 Laboratory;

15 (C) $4,000,000 shall be for construction of

16 Project 88–R–830, Bethel Valley Liquid Low17 Level Waste Collection and Transfer System

18 Upgrade, Oak Ridge National Laboratory;

19 (D) $2,255,000 shall be for construction of

20 Project GPN–103, Oak Ridge Landlord Gen21 eral Plant Projects;

22 (E) $730,000 shall be for construction of

23 Project GPN–102, Test Reactor Area Landlord

24 General Plant Projects, Idaho National Engi25 neering Laboratory;
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1 (F) $1,900,000 shall be for construction of

2 Project 95–E–201, Test Reactor Area Landlord

3 Fire and Life Safety Improvements, Idaho Na4 tional Engineering Laboratory;

5 (G) $2,040,000 shall be for construction of

6 Project GPE–600, General Plant Projects,

7 Waste Management, Non-Defense, Various Lo8 cations;

9 (H) $300,000 shall be for construction of

10 Project 94–E–602, Bethel Valley Federal Facil11 ity Agreement Upgrades, Oak Ridge National

12 Laboratory;

13 (I) $4,048,000 shall be for construction of

14 Project 93–E–900, Dry Cast Storage, Idaho

15 National Engineering Laboratory;

16 (J) $787,000 shall be for construction of

17 Project 91–E–602, Rehabilitation of Waste

18 Management Building 306, Argonne National

19 Laboratory; and

20 (K) $671,000 shall be for completion of

21 construction of Project 88–R–812, Hazardous

22 Waste Handling Facility, Lawrence Berkeley

23 Laboratory.

24 (b) GENERAL SCIENCE AND RESEARCH ACTIVI25 TIES.—There are authorized to be appropriated to the
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1 Secretary for fiscal year 1996 for General Science and Re2 search Activities operating, capital equipment, and con3 struction the following amounts:

4 (1) High Energy Physics, $680,137,000, of

5 which—

6 (A) $554,191,000 shall be for operating

7 and capital equipment, including $15,000,000

8 for the Scientific Facilities Initiative;

9 (B) $12,146,000 shall be for construction

10 of Project GPE–103, General Plant Projects,

11 Various Locations;

12 (C) $9,800,000 shall be for construction of

13 Project 96–G–301, Accelerator Improvements

14 and Modifications, Various Locations;

15 (D) $52,000,000 shall be for construction

16 of Project 94–G–305, B-Factory, Stanford Lin17 ear Accelerator Center; and

18 (E) $52,000,000 shall be for construction

19 of Project 92–G–302, Fermilab Main Injector,

20 Fermi National Accelerator Center.

21 (2) Nuclear Physics, $316,873,000, of which—

22 (A) $239,773,000 shall be for operating

23 and capital equipment, including $25,000,000

24 for the Scientific Facilities Initiative;
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1 (B) $3,900,000 shall be for construction of

2 Project GPE–300, General Plant Project, Var3 ious Locations;

4 (C) $3,200,000 shall be for construction of

5 Project 96–G–302, Accelerator Improvements

6 and Modifications, Various Locations; and

7 (D) $70,000,000 shall be for construction

8 of Project 91–G–300, Relativistic Heavy Ion

9 Collider, Brookhaven National Laboratory.

10 (3) Program Direction, $9,500,000.

11 (c) FOSSIL ENERGY RESEARCH AND DEVELOP12 MENT.—There are authorized to be appropriated to the

13 Secretary for fiscal year 1996 for Fossil Energy Research

14 and Development operating, capital equipment, and con15 struction the following amounts:

16 (1) Coal, $49,955,000 for operating.

17 (2) Oil Technology, $43,234,000 for operating,

18 including maintaining programs at the National In19 stitute for Petroleum and Energy Research.

20 (3) Gas, $59,829,000 for operating.

21 (4) Program Direction and Management Sup22 port, $45,535,000 for operating.

23 (5) Capital Equipment, $476,000.
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1 (6) Construction of Project GPF–100, General

2 Plant Projects for Energy Technology Centers,

3 $1,994,000.

4 (7) Cooperative Research and Development,

5 $7,557,000.

6 (8) Fossil Energy Environmental Restoration,

7 $12,370,000.

8 (d) ENERGY CONSERVATION RESEARCH AND DEVEL9 OPMENT.—There are authorized to be appropriated to the

10 Secretary for fiscal year 1996 for Energy Conservation

11 Research and Development operating and capital equip12 ment the following amounts:

13 (1) Buildings Sector, $55,074,000.

14 (2) Industry Sector, $55,110,000.

15 (3) Transportation Sector, $112,123,000.

16 (4) Technical and Financial Assistance (Non17 Grants), $7,813,000.

18 SEC. 304. FUNDING LIMITATIONS.

19 (a) FISCAL YEAR 1996 APPROPRIATIONS.—None of

20 the funds authorized by this title may be used for the fol21 lowing programs, projects, and activities:

22 (1) Solar Buildings Technology Research.

23 (2) Solar International Program.

24 (3) Solar Technology Transfer.

25 (4) Solar Program Support.
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1 (5) Hydropowder.

2 (6) Space Power Reactor Systems.

3 (7) Nuclear Energy Facilities.

4 (8) Soviet-Designed Reactor Safety.

5 (9) Russian Replacement Power Initiative.

6 (10) Civilian Radioactive Waste Research and

7 Development.

8 (11) Tokamak Physics Experiment.

9 (12) Advanced Neutron Source.

10 (13) Energy Research Analysis.

11 (14) Energy Research Laboratory Technology

12 Transfer.

13 (15) University and Science Education.

14 (16) Technology Partnerships.

15 (17) In-House Energy Management.

16 (18) Direct Liquefaction.

17 (19) Indirect Liquefaction.

18 (20) Systems for Coproducts.

19 (21) High Efficiency-Integrated Gasification

20 Combined Cycle.

21 (22) High Efficiency-Pressurized Fluidized

22 Bed.

23 (23) Technical and Economic Analysis.

24 (24) International Program Support.

25 (25) Coal Technology Export.
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1 (26) Gas Delivery and Storage.

2 (27) Gas Utilization,

3 (28) Fuel Cells Climate Change Action Plan.

4 (29) Fuels Conversion, Natural Gas, and Elec5 tricity.

6 (30) Clean Coal Technology Program.

7 (31) Buildings Sector Implementation and De8 ployment.

9 (32) Industry Sector Municipal Solid Wastes.

10 (33) Industry Sector Implementation and De11 ployment.

12 (34) Alternative Fuels Utilization.

13 (35) Transportation Sector Implementation and

14 Deployment.

15 (36) Utility Sector Integrated Resource Plan16 ning.

17 (37) International Market Development.

18 (38) Inventions and Innovation Program.

19 (39) Municipal Energy Management.

20 (40) Information and Communications.

21 (41) Policy and Management—Energy Con22 servation.

23 (42) Gas Turbine-Modular Helium Reactor.
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1 (b) PRIOR FISCAL YEAR OBLIGATION AND EXPENDI2 TURE.—No funds may be available for obligation or ex3 penditure with respect to the following:

4 (1) University of Nebraska Medical Center

5 Transplant Center.

6 (2) Oregon Health Sciences University.

7 (3) Conduct of any rulemaking activities relat8 ing to determinations for or prescriptions of new or

9 amended standards with respect to Lighting and Ap10 pliance Standards and Building Standards and

11 Guidelines, including the promulgation or issuance

12 of notices of proposed rulemakings, proposed rules,

13 or final rules.

14 (c) LIGHT WATER REACTOR MATCHING FUNDS.—

15 Funds appropriated for the AP600 light water reactor

16 pursuant to section 303(a)(2)(A) shall be available only

17 to the extent that matching private sector funds are pro18 vided for such project, and subject to the condition that

19 such Federal funds shall be repaid to the United States

20 out of royalties on the first commercial sale of such reactor

21 design.

22 SEC. 305. LIMITATION ON APPROPRIATIONS.

23 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

24 1996.—Notwithstanding any other provision of law, no

25 sums are authorized to be appropriated for fiscal year
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1 1996 for the activities for which sums are authorized by

2 this title unless such sums are specifically authorized to

3 be appropriated by this title.

4 (b) SUBSEQUENT FISCAL YEARS.—No sums are au5 thorized to be appropriated for any fiscal year after fiscal

6 year 1996 for the activities for which sums are authorized

7 by this title unless such sums are specifically authorized

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

9 fiscal year.

10 SEC. 306. MERIT REVIEW REQUIREMENT FOR AWARDS OF

11 FINANCIAL ASSISTANCE.

12 (a) MERIT REVIEW REQUIREMENT.—The Secretary

13 may not award financial assistance to any person for civil14 ian research, development, demonstration, or commercial

15 application activities, including related facility construc16 tion, unless an objective merit review process is used to

17 award the financial assistance.

18 (b) REQUIREMENT OF SPECIFIC MODIFICATION OF

19 MERIT REVIEW PROVISION.—

20 (1) IN GENERAL.—A provision of law may not

21 be construed as modifying or superseding subsection

22 (a), or as requiring that financial assistance be

23 awarded by the Secretary in a manner inconsistent

24 with subsection (a), unless such provision of law—

25 (A) specifically refers to this section;
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1 (B) specifically that such provision of law

2 modifies or supersedes subsection (a); and

3 (C) specifically identifies the person to be

4 awarded the financial assistance and states that

5 the financial assistance to be awarded pursuant

6 to such provision of law is being awarded in a

7 manner inconsistent with subsection (a).

8 (2) NOTICE AND WAIT REQUIREMENT.—No fi9 nancial assistance may be awarded pursuant to a

10 provision of law that requires or authorizes the

11 award of the financial assistance in a manner incon12 sistent with subsection (a) until—

13 (A) the Secretary submits to the Congress

14 a written notice of the Secretary’s intent to

15 award the financial assistance; and

16 (B) 180 days has elapsed after the date on

17 which the notice is received by the Congress.

18 (c) DEFINITIONS.—For purposes of this section:

19 (1) The term ‘‘objective merit review process’’

20 means a thorough, consistent, and independent ex21 amination of requests for financial assistance based

22 on preestablished criteria and scientific and technical

23 merit by persons knowledgeable in the field for

24 which the financial assistance is requested.
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1 (2) The term ‘‘financial assistance’’ means the

2 transfer of funds or property to a recipient or sub3 recipient to accomplish a public purpose of support

4 or stimulation authorized by Federal law. Such term

5 includes grants, cooperative agreements, and

6 subawards but does not include cooperative research

7 and development agreements as defined in section

8 12(d)(1) of the Stevenson-Wydler Technology Inno9 vation Act of 1980 (15 U.S.C. 3710a(d)(1)), nor

10 any grant that calls upon the National Academy of

11 Sciences, the National Academy of Engineering, the

12 Institute of Medicine, or the National Academy of

13 Public Administration to investigate, examine, or ex14 periment upon any subject of science or art and to

15 report on such matters to Congress or any agency

16 of the Federal Government.

17 SEC. 307. POLICY ON CAPITAL PROJECTS AND CONSTRUC18 TION.

19 (a) REQUIREMENT OF PRIOR AUTHORIZATION.—(1)

20 No funds are authorized to be appropriated to the Sec21 retary for any substantial construction project, substantial

22 equipment acquisition, or major construction project un23 less a report on such project or acquisition has been pro24 vided to Congress in accordance with subsection (b).
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1 (2) The Secretary may not obligate any funds for any

2 substantial construction project, substantial equipment ac3 quisition, or major construction project unless such project

4 or acquisition has been specifically authorized by statute.

5 (3) This subsection may not be amended or modified

6 except by specific reference to this subsection.

7 (b) REPORTS TO CONGRESS.—(1) Within 180 days

8 after the date of the enactment of this Act, the Secretary

9 shall submit to the Congress a report that identifies all

10 construction projects and acquisitions of the Department

11 described in subsection (a) for which the preliminary de12 sign phase is completed but the construction or acquisition

13 is not completed. Such report shall include—

14 (A) an estimate of the total cost of completion

15 of the construction project or acquisition, itemized

16 by individual activity and by fiscal year; and

17 (B) an identification of which construction

18 projects or acquisitions have not been specifically au19 thorized by statute.

20 The Secretary shall annually update and resubmit the re21 port required by this paragraph, as part of the report re22 quired under section 15 of the Federal Nonnuclear Energy

23 Research and Development Act of 1974 (42 U.S.C. 5914).
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1 (2) The Secretary shall, after completion of the pre2 liminary design phase of a major construction project,

3 submit to the Congress a report containing—

4 (A) an estimate of the total cost of construction

5 of the facility;

6 (B) an estimate of the time required to com7 plete construction;

8 (C) an estimate of the annual operating costs of

9 the facility;

10 (D) the intended useful operating life of the fa11 cility; and

12 (E) an identification of any existing facilities to

13 be closed as a result of the operation of the facility.

14 SEC. 308. FURTHER AUTHORIZATIONS.

15 Nothing in this title shall preclude further authoriza16 tion of appropriations for civilian research, development,

17 demonstration, and commercial application activities of

18 the Department of Energy for fiscal year 1996: Provided,

19 That authorization allocations adopted by the Conference

20 Committee on House Concurrent Resolution 67, and ap21 proved by Congress, allow for such further authorizations.

22 SEC. 309. HIGH ENERGY AND NUCLEAR PHYSICS.

23 (a) LARGE HADRON COLLIDER PROJECT.—

24 (1) NEGOTIATIONS.—The Secretary, in con25 sultation with the Director of the National Science
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1 Foundation and the Secretary of State, shall enter

2 into negotiations with CERN concerning United

3 States participation in the planning and construction

4 of the Large Hadron Collider project, and shall en5 sure that any agreement incorporates provisions to

6 protect the United States investment in the project,

7 including provisions for—

8 (A) fair allocation of costs and benefits

9 among project participants;

10 (B) a limitation on the amount of United

11 States contribution to project construction and

12 an estimate of the United States contribution to

13 subsequent operating costs;

14 (C) a cost and schedule control system for

15 the total project;

16 (D) a preliminary statement of costs and

17 the schedule for all component design, testing,

18 and fabrication, including technical, goals and

19 milestones, and a final statement of such costs

20 and schedule within 1 year after the date on

21 which the parties enter into the agreement;

22 (E) a preliminary statement of costs and

23 the schedule for total project construction and

24 operation, including technical goals and mile25 stones, and a final statement of such costs and
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1 schedule within 1 year after the date on which

2 the parties enter into the agreement;

3 (F) reconsideration of the extent of United

4 States participation if technical or operational

5 milestones described in subparagraphs (D) and

6 (E) are not met, or if the project falls signifi7 cantly behind schedule;

8 (G) conditions of access for United States

9 and other scientists to the facility; and

10 (H) a process for addressing international

11 coordination and cost sharing on high energy

12 physics projects beyond the Large Hadron

13 Collider.

14 (2) OTHER INTERNATIONAL NEGOTIATIONS.—

15 Nothing in this title shall be construed to preclude

16 the President from entering into negotiations with

17 respect to international science agreements.

18 (b) REPORT TO CONGRESS.—Before January 1,

19 1996, the Secretary, in consultation with the Director of

20 the National Science Foundation and with the high energy

21 and nuclear physics communities, shall prepare and trans22 mit to the Congress a strategic plan for the high energy

23 and nuclear physics activities of the Department, assum24 ing a combined budget of $950,000,000 for all activities

25 authorized under section 303(b) for fiscal year 1997, and
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1 assuming a combined budget of $900,000,000 for all ac2 tivities authorized under section 303(b) for each of the

3 fiscal years 1998, 1999, and 2000. The report shall in4 clude—

5 (1) a list of research opportunities to be pur6 chased including both ongoing and proposed activi7 ties;

8 (2) an analysis of the relevance of each research

9 facility to the research opportunities listed under

10 paragraph (1);

11 (3) a statement of the optimal balance among

12 facility operations, construction, and research sup13 port and the optimal balance between university and

14 laboratory research programs;

15 (4) schedules for the continuation, consolida16 tion, or termination of each research program, and

17 continuation, upgrade, transfer, or closure of each

18 research facility; and

19 (5) a statement by project of efforts to coordi20 nate research projects with the international commu21 nities to maximize the use of limited resources and

22 avoid unproductive duplication of efforts.

23 SEC. 310. PROHIBITION OF LOBBYING ACTIVITIES.

24 None of the funds authorized by this title shall be

25 available for any activity whose purpose is to influence leg-
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1 islation pending before the Congress, except that this shall

2 not prevent officers or employees of the United States or

3 of its departments or agencies from communicating to

4 Members of Congress on the request of any Member or

5 to Congress, through the proper channels, requests for leg6 islation or appropriations which they deem necessary for

7 the efficient conduct of the public business.

8 SEC. 311. ELIGIBILITY FOR AWARDS.

9 (a) IN GENERAL.—The Secretary shall exclude from

10 consideration for awards of financial assistance made by

11 the Department after fiscal year 1995 any person who re12 ceived funds, other than those described in subsection (b),

13 appropriated for a fiscal year after fiscal year 1995, from

14 any Federal funding source for a project that was not sub15 jected to a competitive, merit-based award process. Any

16 exclusion from consideration pursuant to this section shall

17 be effective for a period of 5 years after the person re18 ceives such Federal funds.

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

20 awards to persons who are members of a class specified

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

22 class according to a formula provided by law.

23 SEC. 312. TERMINATION COSTS.

24 Unobligated funds previously appropriated for the

25 Clean Coal Technology program may be used to pay costs
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1 associated with the termination of Energy Supply Re2 search and Development, General Science and Research,

3 Fossil Energy Research and Development, and Energy

4 Conservation Research and Development programs,

5 projects, and activities of the Department.

6 TITLE IV—NATIONAL OCEANIC

7 AND ATMOSPHERIC ADMINIS8 TRATION

9 SEC. 401. SHORT TITLE.

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

11 Atmospheric Administration Authorization Act of 1995’’.

12 SEC. 402. DEFINITIONS.

13 For the purposes of this title, the term—

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

15 Act to increase the efficiency and reduce the ex16 penses of the Signal Corps of the Army, and to

17 transfer the Weather Bureau to the Department of

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

19 653);

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

21 Act to define the functions and duties of the Coast

22 and Geodetic Survey, and for other purposes’’, ap23 proved August 6, 1947 (33 U.S.C. 883a et seq.);

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

25 Act to clarify the status and benefits of commis-
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1 sioned officers of the National Oceanic and Atmos2 pheric Administration, and for other purposes’’, ap3 proved December 31, 1970 (33 U.S.C. 857–1 et

4 seq.);

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

6 of the National Oceanic and Atmospheric Adminis7 tration; and

8 (5) ‘‘Secretary’’ means the Secretary of Com9 merce.

10 Subtitle A—Atmospheric, Weather,

11 and Satellite Programs

12 SEC. 411. NATIONAL WEATHER SERVICE.

13 (a) OPERATIONS AND RESEARCH.—There are au14 thorized to be appropriated to the Secretary to enable the

15 National Oceanic and Atmospheric Administration to

16 carry out the operations and research duties of the Na17 tional Weather Service, $472,338,000 for fiscal year 1996.

18 Such duties include meteorological, hydrological, and

19 oceanographic public warnings and forecasts, as well as

20 applied research in support of such warnings and fore21 casts.

22 (b) SYSTEMS ACQUISITION.—There are authorized to

23 be appropriated to the Secretary to enable the National

24 Oceanic and Atmospheric Administration to carry out the

25 public warning and forecast systems duties of the National
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1 Weather Service, $79,034,000 for fiscal year 1996. Such

2 duties include the development, acquisition, and imple3 mentation of major public warning and forecast systems.

4 None of the funds authorized under this subsection shall

5 be used for the purposes for which funds are authorized

6 under section 102(b) of the National Oceanic and Atmos7 pheric Administration Authorization Act of 1992 (Public

8 Law 102–567). None of the funds authorized by such sec9 tion 102(b) shall be expended for a particular NEXRAD

10 installation unless—

11 (1) it is identified as a National Weather Serv12 ice NEXRAD installation in the National Implemen13 tation Plan for modernization of the National

14 Weather Service, required under section 703 of the

15 National Oceanic and Atmospheric Administration

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

17 or

18 (2) it is to be used only for spare parts, not as

19 an installation at a particular site.

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

21 be obligated for NEXRAD installations not identified in

22 the National Implementation Plan for 1996, unless the

23 Secretary certifies that such NEXRAD installations can

24 be acquired within the authorization of NEXRAD con-
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1 tained in section 102(b) of the National Oceanic and At2 mospheric Administration Authorization Act of 1992.

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

4 authorized in subsection (b), $16,952,000 for fiscal year

5 1996 are authorized to be appropriated to the Secretary,

6 for the acquisition and deployment of—

7 (1) the Automated Surface Observing System

8 and related systems, including multisensor and

9 backup arrays for National Weather Service sites at

10 airports; and

11 (2) Automated Meteorological Observing Sys12 tem and Remote Automated Meteorological Observ13 ing System replacement units.

14 and to cover all associated activities, including program

15 management and operations and maintenance.

16 (e) AWIPS AUTHORIZATION.—Of the sums author17 ized in subsection (b), there are authorized to be appro18 priated to the Secretary $52,097,000 for fiscal year 1996,

19 to remain available until expended, for—

20 (1) the acquisition and deployment of the Ad21 vanced Weather Interactive Processing System and

22 NOAA Port and associated activities; and

23 (2) associated program management and oper24 ations and maintenance.
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1 (f) CONSTRUCTION OF WEATHER FORECAST OF2 FICES.—There are authorized to be appropriated to the

3 Secretary to enable the National Oceanic and Atmospheric

4 Administration to carry out construction, repair, and

5 modification activities relating to new and existing weath6 er forecast offices, $20,628,000 for fiscal year 1996. Such

7 activities include planning, design, and land acquisition re8 lated to such offices.

9 (g) STREAMLINING WEATHER SERVICE MODERNIZA10 TION.—

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

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

13 note) are repealed.

14 (2) CONFORMING AMENDMENTS.—The Weather

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

16 amended—

17 (A) in section 702, by striking paragraph

18 (3) and redesignating paragraphs (4) through

19 (10) as paragraphs (3) through (9), respec20 tively, and

21 (B) in section 703—

22 (i) by striking ‘‘(a) NATIONAL IMPLE23 MENTATION PLAN.—’’;

24 (ii) by striking paragraph (3) and re25 designating paragraphs (4), (5), and (6) as
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1 paragraphs (3), (4), and (5), respectively;

2 and

3 (iii) by striking subsections (b) and

4 (c).

5 SEC. 412. ATMOSPHERIC RESEARCH.

6 (a) CLIMATE AND AIR QUALITY RESEARCH.—(1)

7 There is authorized to be appropriated to the Secretary

8 to enable the National Oceanic and Atmospheric Adminis9 tration to carry out its climate and air quality research

10 duties, $8,757,000 for fiscal year 1996. Such duties in11 clude internannual and seasonal climate research and

12 long-term climate and air quality research.

13 (2) The Administrator shall ensure that at least the

14 same percentage of the climate and air quality research

15 funds that were provided to institutions of higher edu16 cation for fiscal year 1995 is provided to institutions of

17 higher education from funds authorized by this subsection.

18 (b) ATMOSPHERIC PROGRAMS.—There are author19 ized to be appropriated to the Secretary to enable the Na20 tional Oceanic and Atmospheric Administration to carry

21 out its atmospheric research duties, $39,894,000 for fiscal

22 year 1996. Such duties include research for developing im23 proved prediction capabilities for atmospheric processes,

24 as well as solar-terrestrial research and services.
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1 (c) GLOBE AUTHORIZATION.—There are authorized

2 to be appropriated to the Secretary to enable the National

3 Oceanic and Atmospheric Administration to carry out the

4 Global Learning and Observations to Benefit the Environ5 ment program, $7,000,000 for fiscal year 1996.

6 SEC. 413. NATIONAL ENVIRONMENTAL SATELLITE, DATA,

7 AND INFORMATION SERVICE.

8 (a) SATELLITE OBSERVING SYSTEMS.—There are

9 authorized to be appropriated to the Secretary to enable

10 the National Oceanic and Atmospheric Administration to

11 carry out its satellite observing systems duties,

12 $319,448,000 for fiscal year 1996, to remain available

13 until expended. Such duties include spacecraft procure14 ment, launch, and associated ground station systems in15 volving polar orbiting and geostationary environmental

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

17 of the funds authorized under this subsection shall be used

18 for the purposes for which funds are authorized under sec19 tion 105(d) of the National Oceanic and Atmospheric Ad20 ministration Authorization Act of 1992 (Public Law 102–

21 567).

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

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

24 appropriated to the Secretary $184,425,000 for fiscal year

25 1996, to remain available until expended, for the procure-
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1 ment of Polar Orbiting Environmental Satellites, K, L, M,

N, and N1 2 , and the procurement of the launching and sup3 porting ground systems of such satellites.

4 (c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL

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

6 there are authorized to be appropriated to the Adminis7 trator $46,300,000 for fiscal year 1996, to remain avail8 able until expended—

9 (1) to procure up to three additional Geo10 stationary Operational Environmental NEXT Sat11 ellites (GOES I–M clones) and instruments; and

12 (2) for contracts, and amendments or modifica13 tions of contracts, with the developer of previous

14 GOES-NEXT satellites for the acquisition of the ad15 ditional satellites and instruments described in para16 graph (1).

17 (d) ENVIRONMENTAL DATA AND INFORMATION

18 SERVICES.—There are authorized to be appropriated to

19 the Secretary to enable the National Oceanic and Atmos20 pheric Administration to carry out its environmental data

21 and information services duties, $35,665,000 for fiscal

22 year 1996. Such duties include climate data services, geo23 physical data services, and environmental assessment and

24 information services.
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1 (e) NATIONAL POLAR-ORBITING OPERATIONAL EN2 VIRONMENTAL SATELLITE SYSTEM PROGRAM AUTHOR3 IZATION.—Of the sums authorized in subsection (a), there

4 are authorized to be appropriated to the Secretary, for fis5 cal year 1996, $39,500,000, to remain available until ex6 pended, for the procurement of the National Polar-Orbit7 ing Operational Environmental Satellite System, and the

8 procurement of the launching and supporting ground sys9 tems of such satellites.

10 Subtitle B—Marine Research

11 SEC. 421. NATIONAL OCEAN SERVICE.

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

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

14 Oceanic and Atmospheric Administration to carry out

15 mapping and charting activities under the Act of 1947 and

16 any other law involving those activities, $29,149,000.

17 (b) GEODESY.—There are authorized to be appro18 priated to the Secretary, to enable the National Oceanic

19 and Atmospheric Administration to carry out geodesy ac20 tivities under the Act of 1947 and any other law involving

21 those activities, $19,927,000 for fiscal year 1996.

22 (c) OBSERVATION AND PREDICTION.—

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

24 appropriated to the Secretary, to enable the Na25 tional Oceanic and Atmospheric Administration to
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1 carry out observation and prediction activities under

2 the Act of 1947 and any other law involving those

3 activities, $11,279,000 for fiscal year 1996.

4 (2) CIRCULATORY SURVEY PROGRAM.—In addi5 tion to amounts authorized under paragraph (1),

6 there are authorized to be appropriated to the Sec7 retary, to enable the National Oceanic and Atmos8 pheric Administration to carry out the Circulatory

9 Survey Program, $695,000 for fiscal year 1996.

10 (3) OCEAN AND EARTH SCIENCES.—In addition

11 to amounts authorized under paragraph (1), there

12 are authorized to be appropriated to the Secretary,

13 to enable the National Oceanic and Atmospheric Ad14 ministration to carry out ocean and earth science ac15 tivities, $4,231,000 for fiscal year 1996.

16 (d) ESTUARINE AND COASTAL ASSESSMENT.—

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

18 appropriated to the Secretary, to enable the Na19 tional Oceanic and Atmospheric Administration to

20 support estuarine and coastal assessment activities

21 under the Act of 1947 and any other law involving

22 those activities, $1,171,000 for fiscal year 1996.

23 (2) OCEAN ASSESSMENT.—In addition to

24 amounts authorized under paragraph (1), there are

25 authorized to be appropriated to the Secretary, to
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1 enable the National Oceanic and Atmospheric Ad2 ministration to carry out the National Status and

3 Trends Program, the Strategic Environmental As4 sessment Program, and the Hazardous Materials

5 Response Program, $8,401,000 for fiscal year 1996.

6 (3) DAMAGE ASSESSMENT PROGRAM.—In addi7 tion to amounts authorized under paragraph (1),

8 there are authorized to be appropriated to the Sec9 retary, to enable the National Oceanic and Atmos10 pheric Administration to carry out the Damage As11 sessment Program, $585,000 for fiscal year 1996.

12 (4) COASTAL OCEAN PROGRAM.—In addition to

13 amounts authorized under paragraph (1), there are

14 authorized to be appropriated to the Secretary, to

15 enable the National Oceanic and Atmospheric Ad16 ministration to carry out the Coastal Ocean Pro17 gram, $9,158,000 for fiscal year 1996.

18 SEC. 422. OCEAN AND GREAT LAKES RESEARCH.

19 (a) MARINE PREDICTION RESEARCH.—There are au20 thorized to be appropriated to the Secretary, to enable the

21 National Oceanic and Atmospheric Administration to

22 carry out marine prediction research activities under the

23 Act of 1947, the Act of 1890, and any other law involving

24 those activities, $13,763,000 for fiscal year 1996.
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1 (b) NATIONAL SEA GRANT COLLEGE PROGRAM.—(1)

2 Section 212(a) of the National Sea Grant College Pro3 gram Act (33 U.S.C. 1131(a)) is amended to read as fol4 lows:

5 ‘‘(a) GRANTS AND CONTRACTS; FELLOWSHIPS.—

6 There are authorized to be appropriated to carry out sec7 tions 205 and 208, $34,500,000 for fiscal year 1996.’’.

8 (2) Section 212(b)(1) of the National Sea Grant Col9 lege Program Act (33 U.S.C. 1131(b)(1)) is amended by

10 striking ‘‘an amount’’ and all that follows through ‘‘not

11 to exceed $2,900,000’’ and inserting in lieu thereof

12 ‘‘$1,500,000 for fiscal year 1996’’.

13 (3) Section 203(4) of the National Sea Grant College

14 Program Act (33 U.S.C. 1122(4)) is amended by striking

15 ‘‘discipline or field’’ and all that follows through ‘‘public

16 administration)’’ and inserting in lieu thereof ‘‘field or dis17 cipline involving scientific research’’.

18 SEC. 423. USE OF OCEAN RESEARCH RESOURCES OF OTHER

19 FEDERAL AGENCIES.

20 (a) FINDINGS.—The Congress finds the following:

21 (1) Observing, monitoring, and predicting the

22 ocean environment has been a high priority for the

23 defense community to support ocean operations.
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1 (2) Many advances in ocean research have been

2 made by the defense community which could be

3 shared with civilian researchers.

4 (3) The National Oceanic and Atmospheric Ad5 ministration’s missions to describe and predict the

6 ocean environment, manage the Nation’s ocean and

7 coastal resources, and promote stewardship of the

8 world’s oceans would benefit from increased coopera9 tion with defense agencies.

10 (b) SENSE OF CONGRESS.—It is the sense of the

11 Congress that the National Oceanic and Atmospheric Ad12 ministration should expand its efforts to develop inter13 agency agreements to further the use of defense-related

14 technologies, data, and other resources to support its oce15 anic missions.

16 (c) REPORT.—

17 (1) IN GENERAL.—Not later than 120 days

18 after the date of the enactment of this Act, the Sec19 retary of Commerce shall submit to the Committee

20 on Science of the House of Representatives and the

21 Committee on Commerce, Science, and Transpor22 tation of the Senate a report on the feasibility of ex23 panding the use of defense-related technologies,

24 data, and other resources to support and enhance
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1 the oceanic missions of the National Oceanic and At2 mospheric Administration.

3 (2) CONTENTS.—The report required under

4 paragraph (1) shall include—

5 (A) a detailed listing of defense-related re6 sources currently available to the National Oce7 anic and Atmospheric Administration and the

8 National Oceanic and Atmospheric Administra9 tion missions which utilize those resources;

10 (B) detailed findings and recommenda11 tions, including funding requirements, on the

12 potential for expanding the use of available de13 fense-related resources;

14 (C) a detailed listing and funding history

15 of the National Oceanic and Atmospheric Ad16 ministration resources, including data and tech17 nology, which could be supplemented by de18 fense-related resources;

19 (D) a listing of currently unavailable de20 fense-related resources, including data and

21 technology, which if made available would en22 hance the National Oceanic and Atmospheric

23 Administration mission performance;
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1 (E) recommendations on the regulatory

2 and legislative structures needed to maximize

3 the use of defense-related resources;

4 (F) an assessment of the respective roles

5 in the use of defense-related resources of the

6 Army Corps of Engineers, data centers, oper7 ational centers, and research facilities of the

8 National Oceanic and Atmospheric Administra9 tion; and

10 (G) recommendations on how to provide

11 access to relevant defense-related data for non12 Federal scientific users.

13 Subtitle C—Program Support

14 SEC. 431. PROGRAM SUPPORT.

15 (a) EXECUTIVE DIRECTION AND ADMINISTRATIVE

16 ACTIVITIES.—There are authorized to be appropriated to

17 the Secretary, to enable the National Oceanic and Atmos18 pheric Administration to carry out executive direction and

19 administrative activities under the Act of 1970 and any

20 other law involving those activities, $20,632,000 for fiscal

21 year 1996.

22 (b) CENTRAL ADMINISTRATIVE SUPPORT.—There

23 are authorized to be appropriated to the Secretary, to en24 able the National Oceanic and Atmospheric Administra25 tion to carry out central administrative support activities
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1 under the Act of 1970 and any other law involving those

2 activities, $30,000,000 for fiscal year 1996.

3 (c) RETIRED PAY.—There are authorized to be ap4 propriated to the Secretary, for retired pay for retired

5 commissioned officers of the National Oceanic and Atmos6 pheric Administration under the Act of 1970, $7,706,000

7 for fiscal year 1996.

8 (d) MARINE SERVICES.—

9 (1) CONTRACTING AUTHORITY.—Notwithstand10 ing any other provision of law, the Secretary is au11 thorized to enter into contracts for data or days-at12 sea to fulfill the National Oceanic and Atmospheric

13 Administration missions of marine research, climate

14 research, fisheries research, and mapping and chart15 ing services.

16 (2) UNOLS VESSEL AGREEMENTS.—In fulfill17 ing the National Oceanic and Atmospheric Adminis18 tration mission requirements described in paragraph

19 (1), the Secretary shall use excess capacity of Uni20 versity-National Oceanographic Laboratory System

21 vessels where appropriate, and may enter into

22 memoranda of agreement with operators of those

23 vessels to carry out those mission requirements.

24 (3) AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to be appropriated to the Sec-
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1 retary, to enable the National Oceanic and Atmos2 pheric Administration to carry out marine services

3 activities, including activities described in para4 graphs (1) and (2), $60,689,000 for fiscal year

5 1996.

6 (e) AIRCRAFT SERVICES.—There are authorized to be

7 appropriated to the Secretary, to enable the National Oce8 anic and Atmospheric Administration to carry out aircraft

9 services activities (including aircraft operations, mainte10 nance, and support) under the Act of 1970 and any other

11 law involving those activities, $9,548,000 for fiscal year

12 1996.

13 (f) FACILITIES REPAIRS AND RENOVATIONS.—There

14 are authorized to be appropriated to the Secretary, to en15 able the National Oceanic and Atmospheric Administra16 tion to carry out facilities repairs and renovations,

17 $7,374,000 for fiscal year 1996.

18 Subtitle D—Streamlining of

19 Operations

20 SEC. 441. PROGRAM TERMINATIONS.

21 (a) TERMINATIONS.—No funds may be appropriated

22 for the following programs and accounts:

23 (1) The National Undersea Research Program.

24 (2) The Fleet Modernization, Shipbuilding, and

25 Construction Account.
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1 (3) The Charleston, South Carolina, Special

2 Management Plan.

3 (4) Chesapeake Bay Observation Buoys.

4 (5) Federal/State Weather Modification Grants.

5 (6) The Southeast Storm Research Account.

6 (7) The Southeast United States Caribbean

7 Fisheries Oceanographic Coordinated Investigations

8 Program.

9 (8) National Institute for Environmental Re10 newal.

11 (9) The Lake Champlain Study.

12 (10) The Maine Marine Research Center.

13 (11) The South Carolina Cooperative Geodetic

14 Survey Account.

15 (12) Pacific Island Technical Assistance.

16 (13) Sea Grant/Oyster Disease Account.

17 (14) National Coastal Research and Develop18 ment Institute Account.

19 (15) VENTS program.

20 (16) National Weather Service non-Federal,

21 non-wildfire Fire Weather Service.

22 (17) National Weather Service Regional Cli23 mate Centers.

24 (18) National Weather Service Samoa Weather

25 Forecast Office Repair and Upgrade Account.
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1 (19) Dissemination of Weather Charts (Marine

2 Facsimile Service).

3 (b) REPORT.—Not later than 60 days after the date

4 of the enactment of this Act, the Secretary shall submit

5 to the Committee on Science of the House of Representa6 tives and the Committee on Commerce, Science, and

7 Transportation of the Senate a report certifying that all

8 the programs listed in subsection (a) will be terminated

9 no later than September 30, 1995.

10 (c) REPEAL OF SEA GRANT PROGRAMS.—

11 (1) REPEALS.—(A) Section 208(b) of the Na12 tional Sea Grant College Program Act (33 U.S.C.

13 1127(b)) is repealed.

14 (B) Section 3 of the Sea Grant Program Im15 provement Act of 1976 (33 U.S.C. 1124a) is re16 pealed.

17 (2) CONFORMING AMENDMENT.—Section 209

18 of the National Sea Grant College Program Act (33

19 U.S.C. 1128(b)(1)) is amended by striking ‘‘and sec20 tion 3 of the Sea Grant Program Improvement Act

21 of 1976’’.

22 (d) ADDITIONAL REPEAL.—The NOAA Fleet Mod23 ernization Act (33 U.S.C. 851 note) is repealed.
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1 SEC. 442. LIMITATIONS ON APPROPRIATIONS.

2 (a) SUBSEQUENT FISCAL YEARS.—No sums are au3 thorized to be appropriated for any fiscal year after fiscal

4 year 1996 for the activities for which sums are authorized

5 by this title unless such sums are specifically authorized

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

7 fiscal year.

8 (b) FISCAL YEAR 1996.—No more than

9 $1,692,470,000 is authorized to be appropriated to the

10 Secretary for fiscal year 1996, by this Act or any other

11 Act, to enable the National Oceanic and Atmospheric Ad12 ministration to carry out all activities associated with Op13 erations, Research, and Facilities.

14 (c) REDUCTION IN TRAVEL BUDGET.—Of the sums

15 appropriated under this Act for Operations, Research, and

16 Facilities, no more than $20,000,000 may be used for re17 imbursement of travel and related expenses for National

18 Oceanic and Atmospheric Administration personnel.

19 SEC. 443. REDUCTION IN THE COMMISSIONED OFFICER

20 CORPS.

21 (a) MAXIMUM NUMBER.—The total number of com22 missioned officers on the active list of the National Oce23 anic and Atmospheric Administration shall not exceed—

24 (1) 369 for fiscal year 1996;

25 (2) 100 for fiscal year 1997; and

26 (3) 50 for fiscal year 1998.
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1 No such commissioned officers are authorized for any fis2 cal year after fiscal year 1998.

3 (b) SEPARATION PAY.—The Secretary may separate

4 commissioned officers from the active list of the National

5 Oceanic and Atmospheric Administration, and may do so

6 without providing separation pay.

7 Subtitle E—Miscellaneous

8 SEC. 451. WEATHER DATA BUOYS.

9 (a) PROHIBITION.—It shall be unlawful for any unau10 thorized person to remove, change the location of, ob11 struct, willfully damage, make fast to, or interfere with

12 any weather data buoy established, installed, operated, or

13 maintained by the National Data Buoy Center.

14 (b) CIVIL PENALTIES.—The Administrator is author15 ized to assess a civil penalty against any person who vio16 lates any provision of this section in an amount of not

17 more than $10,000 for each violation. Each day during

18 which such violation continues shall be considered a new

19 offense. Such penalties shall be assessed after notice and

20 opportunity for a hearing.

21 (c) REWARDS.—The Administrator may offer and

22 pay rewards for the apprehension and conviction, or for

23 information helpful therein, of persons found interfering,

24 in violation of law, with data buoys maintained by the Na25 tional Data Buoy Center; or for information leading to
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1 the discovery of missing National Weather Service prop2 erty or the recovery thereof.

3 SEC. 452. DUTIES OF THE NATIONAL WEATHER SERVICE.

4 (a) IN GENERAL.—To protect life and property and

5 enhance the national economy, the Secretary, through the

6 National Weather Service, except as outlined in subsection

7 (b), shall be responsible for—

8 (1) forecasts and shall serve as the sole official

9 source of weather warnings;

10 (2) the issue of storm warnings;

11 (3) the collection, exchange, and distribution of

12 meteorological, hydrological, climatic, and oceano13 graphic data and information; and

14 (4) the preparation of hydrometeorological guid15 ance and core forecast information.

16 (b) COMPETITION WITH PRIVATE SECTOR.—The

17 National Weather Service shall not compete, or assist

18 other entities to compete, with the private sector when a

19 service is currently provided or can be provided by com20 mercial enterprise, unless—

21 (1) the Secretary finds that the private sector

22 is unwilling or unable to provide the services; and

23 (2) the service provides vital weather warnings

24 and forecasts for the protection of lives and property

25 of the general public.
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1 (c) AMENDMENTS.—The Act of 1890 is amended—

2 (1) by striking section 3 (15 U.S.C. 313); and

3 (2) in section 9 (15 U.S.C. 317), by striking all

4 after ‘‘Department of Agriculture’’ and inserting in

5 lieu thereof a period.

6 (d) REPORT.—Not later than 60 days after the date

7 of the enactment of this Act, the Secretary shall submit

8 to the Committee on Science of the House of Representa9 tives and the Committee on Commerce, Science, and

10 Transportation of the Senate a report detailing all Na11 tional Weather Service activities which do not conform to

12 the requirements of this section and outlining a timetable

13 for their termination.

14 SEC. 453. REIMBURSEMENT OF EXPENSES.

15 (a) IN GENERAL.—Notwithstanding section 3302 (b)

16 and (c) of title 31, United States Code, and subject to

17 subsection (b) of this section, all amounts received by the

18 United States in settlement of, or judgment for, damage

19 claims arising from the October 9, 1992, allision of the

20 vessel ZACHERY into the National Oceanic and Atmos21 pheric Administration research vessel DISCOVERER—

22 (1) shall be retained as an offsetting collection

23 in the Marine Services account of the National Oce24 anic and Atmospheric Administration;
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1 (2) shall be deposited in that account upon re2 ceipt by the United States Government; and

3 (3) shall be available only for obligation for Na4 tional Oceanic and Atmospheric Administration ves5 sel repairs.

6 (b) LIMITATION.—Not more than $518,757.09 of the

7 amounts referred to in subsection (a) may be deposited

8 into the Marine Services account pursuant to subsection

9 (a).

10 SEC. 454. ELIGIBILITY FOR AWARDS.

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

12 from consideration for awards of financial assistance made

13 by the National Oceanic and Atmospheric Administration

14 after fiscal year 1995 any person who received funds,

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

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

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

18 competitive, merit-based award process. Any exclusion

19 from consideration pursuant to this section shall be effec20 tive for a period of 5 years after the person receives such

21 Federal funds.

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

23 awards to persons who are members of a class specified

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

25 class according to a formula provided by law.
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1 SEC. 455. PROHIBITION OF LOBBYING ACTIVITIES.

2 None of the funds authorized by this title shall be

3 available for any activity whose purpose is to influence leg4 islation pending before the Congress, except that this shall

5 not prevent officers or employees of the United States or

6 of its departments or agencies from communicating to

7 Members of Congress on the request of any Member or

8 to Congress, through the proper channels, requests for leg9 islation or appropriations which they deem necessary for

10 the efficient conduct of the public business.

11 SEC. 456. REPORT ON LABORATORIES.

12 (a) IN GENERAL.—Not later than 120 days after the

13 date of the enactment of this Act, the Secretary shall con14 duct a review of the laboratories operated by the National

15 Oceanic and Atmospheric Administration and submit a re16 port to the Committee on Science of the House of Rep17 resentatives and the Committee on Commerce, Science,

18 and Transportation of the Senate.

19 (b) REQUIREMENTS.—The report required by sub20 section (a) shall—

21 (1) address potential efficiencies and savings

22 which could be achieved through closing or consoli23 dating laboratory facilities;

24 (2) review each laboratory’s—
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1 (A) mission and activities and their cor2 relation to the mission priorities of the National

3 Oceanic and Atmospheric Administration;

4 (B) physical assets, equipment, condition,

5 and personnel resources; and

6 (C) organization and program manage7 ment; and

8 (3) address other issues the Inspector General

9 consider relevant.

10 TITLE V—ENVIRONMENTAL

11 PROTECTION AGENCY

12 SEC. 501. SHORT TITLE.

13 This title may be cited as the ‘‘Environmental Re14 search, Development, and Demonstration Authorization

15 Act of 1995’’.

16 SEC. 502. DEFINITIONS.

17 For the purposes of this title, the term—

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

19 of the Environmental Protection Agency;

20 (2) ‘‘Agency’’ means the Environmental Protec21 tion Agency; and

22 (3) ‘‘Assistant Administrator’’ means the As23 sistant Administrator for Research and Development

24 of the Agency.
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1 SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There are authorized to be appro3 priated to the Administrator $490,000,000 for fiscal year

4 1996 for the Office of Research and Development for envi5 ronmental research, development, and demonstration ac6 tivities, including program management and support, in

7 the areas specified in subsection (b), of which—

8 (1) $321,694,800 shall be for Research and De9 velopment; and

10 (2) $109,263,400 shall be for Program and Re11 search Operations.

12 (b) SPECIFIC PROGRAMS AND ACTIVITIES.—Of the

13 amount authorized in subsection (a), there are authorized

14 to be appropriated the following:

15 (1) For air related research, $93,915,200, of

16 which—

17 (A) $67,111,400 shall be for Research and

18 Development; and

19 (B) $26,803,800 shall be for Program and

20 Research Operations.

21 (2) For global change research, $2,385,700, of

22 which—

23 (A) $2,125,400 shall be for Research and

24 Development; and

25 (B) $260,300 shall be for Program and

26 Research Operations.
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1 (3) For water quality related research,

2 $21,243,100, of which—

3 (A) $9,453,100 shall be for Research and

4 Development; and

5 (B) $11,790,000 shall be for Program and

6 Research Operations.

7 (4) For drinking water related research,

8 $20,652,400, of which—

9 (A) $10,376,500 shall be for Research and

10 Development; and

11 (B) $10,275,900 shall be for Program and

12 Research Operations.

13 (5) For toxic chemical related research,

14 $11,053,900, of which—

15 (A) $5,028,600 shall be for Research and

16 Development; and

17 (B) $6,025,300 shall be for Program and

18 Research Operations.

19 (6) For lab and field expenses, $73,031,600, all

20 of which shall be for Research and Development.

21 (7) For headquarters expenses of the Office of

22 Research and Development, $9,254,800, all of which

23 shall be for Research and Development.

24 (8) For multimedia related research expenses,

25 $158,656,800, of which—
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1 (A) $122,142,900 shall be for Research

2 and Development;

3 (B) $31,513,900 shall be for Program and

4 Research Operations; and

5 (C) $5,000,000 shall be for graduate stu6 dent fellowships.

7 (9) For program management expenses,

8 $6,399,300, all of which shall be for Program and

9 Research Operations.

10 (10) For pesticide related research,

11 $13,345,200, of which—

12 (A) $7,192,800 shall be for Research and

13 Development; and

14 (B) $6,152,400 shall be for Program and

15 Research Operations.

16 (11) For oil pollution related research,

17 $2,076,900.

18 (12) For research related to leaking under19 ground storage tanks, $769,400.

20 (13) For research related to cleanup of con21 taminated sites, $56,195,500.

22 (14) For research related to hazardous waste,

23 $21,020,200, of which—

24 (A) $10,977,700 shall be for Research and

25 Development; and
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1 (B) $10,042,500 shall be for Program and

2 Research Operations.

3 (c) LIMITATIONS.—(1) No funds are authorized to be

4 appropriated by this title for—

5 (A) the Environmental Technology Initiative;

6 (B) the Climate Change Action Plan; or

7 (C) indoor air pollution research.

8 (2) No sums are authorized to be appropriated for

9 any fiscal year after fiscal year 1996 for the activities for

10 which sums are authorized by this title unless such sums

11 are specifically authorized to be appropriated by Act of

12 Congress with respect to such fiscal year.

13 (3) Notwithstanding any other provision of law, no

14 sums are authorized to be appropriated for fiscal year

15 1996 for the activities for which sums are authorized by

16 this title unless such sums are specifically authorized to

17 be appropriated by this title.

18 SEC. 504. SCIENTIFIC RESEARCH REVIEW.

19 (a) IN GENERAL.—The Administrator shall assign to

20 the Assistant Administrator the duties of—

21 (1) developing a strategic plan for scientific and

22 technical research activities throughout the Agency;

23 (2) integrating that strategic plan into ongoing

24 Agency planning activities; and
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1 (3) reviewing all Agency research to ensure the

2 research—

3 (A) is of high quality; and

4 (B) does not duplicate any other research

5 being conducted by the Agency.

6 (b) REPORT.—The Assistant Administrator shall

7 transmit annually to the Administrator and to the Com8 mittee on Science of the House of Representatives and the

9 Committee on Environment and Public Works of the Sen10 ate a report detailing—

11 (1) all Agency research the Assistant Adminis12 trator finds is not of sufficiently high quality; and

13 (2) all Agency research the Assistant Adminis14 trator finds duplicates other Agency research.

15 SEC. 505. PROHIBITION OF LOBBYING ACTIVITIES.

16 None of the funds authorized by this title shall be

17 available for any activity whose purpose is to influence leg18 islation pending before the Congress, except that this shall

19 not prevent officers or employees of the United States or

20 of its departments or agencies from communicating to

21 Members of Congress on the request of any Member or

22 to Congress, through the proper channels, requests for leg23 islation or appropriations which they deem necessary for

24 the efficient conduct of the public business.
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1 SEC. 506. ELIGIBILITY FOR AWARDS.

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

3 from consideration for awards of financial assistance made

4 by the Office of Research and Development after fiscal

5 year 1995 any person who received funds, other than those

6 described in subsection (b), appropriated for a fiscal year

7 after fiscal year 1995, from any Federal funding source

8 for a project that was not subjected to a competitive,

9 merit-based award process. Any exclusion from consider10 ation pursuant to this section shall be effective for a period

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

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

13 awards to persons who are members of a class specified

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

15 class according to a formula provided by law.

16 SEC. 507. GRADUATE STUDENT FELLOWSHIPS.

17 In carrying out the graduate student fellowship pro18 gram for which funds are authorized to be appropriated

19 by this title, the Administrator shall ensure that any fel20 lowship award to a student selected after the date of the

21 enactment of this Act is used only to support research that

22 would further missions of the Office of Research and De23 velopment in fields in which there exists or is projected

24 to exist a shortage in the number of scientists.
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1 TITLE VI—TECHNOLOGY

2 Subtitle A—Technology

3 Administration

4 SEC. 601. SHORT TITLE.

5 This title may be cited as the ‘‘American Technology

6 Advancement Act of 1995’’.

7 SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

8 (a) UNDER SECRETARY FOR TECHNOLOGY.—There

9 are authorized to be appropriated for the Office of the

10 Under Secretary of Commerce for Technology/Office of

11 Technology Policy $5,066,000 for fiscal year 1996.

12 (b) NATIONAL INSTITUTE OF STANDARDS AND

13 TECHNOLOGY.—There are authorized to be appropriated

14 the following:

15 (1) For Scientific and Technical Research and

16 Services of the National Institute of Standards and

17 Technology, $275,579,000 for fiscal year 1996, of

18 which—

19 (A) $39,628,000 shall be for Electronics

20 and Electrical Engineering;

21 (B) $19,565,000 shall be for Manufactur22 ing Engineering;

23 (C) $28,127,000 shall be for Chemical

24 Science and Technology;

25 (D) $28,082,000 shall be for Physics;
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1 (E) $54,314,000 shall be for Material

2 Science and Engineering;

3 (F) $13,517,000 shall be for Building and

4 Fire Research;

5 (G) $30,704,000 shall be for Computer

6 Systems;

7 (H) $10,964,000 shall be for Applied

8 Mathematics and Scientific Computing;

9 (I) $19,109,000 shall be for Technical As10 sistance;

11 (J) $28,169,000 shall be for Research

12 Support; and

13 (K) $3,400,000 shall be for the Malcolm

14 Baldrige National Quality Program under sec15 tion 17 of the Stevenson-Wydler Technology In16 novation Act of 1980 (15 U.S.C. 3711a); and

17 (2) for Construction of Research Facilities of

18 the National Institute of Standards and Technology,

19 $62,055,000 for fiscal year 1996.

20 SEC. 603. NATIONAL INSTITUTE OF STANDARDS AND TECH21 NOLOGY ACT AMENDMENTS.

22 The National Institute of Standards and Technology

23 Act (15 U.S.C. 271 et seq.) is amended—

24 (1) in section 10(a)—
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1 (A) by striking ‘‘nine’’ and inserting in lieu

2 thereof ‘‘15’’; and

3 (B) by striking ‘‘five’’ and inserting in lieu

4 thereof ‘‘10’’;

5 (2) in section 15—

6 (A) by striking ‘‘Pay Act of 1945; and’’

7 and inserting in lieu thereof ‘‘Pay Act of

8 1945;’’; and

9 (B) by inserting ‘‘; and (h) the provision of

10 transportation services for employees of the In11 stitute between the facilities of the Institute

12 and nearby public transportation, notwithstand13 ing section 1344 of title 31, United States

14 Code’’ after ‘‘interests of the Government’’; and

15 (3) in section 19, by striking ‘‘nor more than

16 forty’’ and inserting in lieu thereof ‘‘nor more than

17 60’’.

18 SEC. 604. STEVENSON-WYDLER TECHNOLOGY INNOVATION

19 ACT OF 1980 AMENDMENTS.

20 The Stevenson-Wydler Technology Innovation Act of

21 1980 (15 U.S.C. 3701 et seq.) is amended—

22 (1) in section 11(i) (15 U.S.C. 3710(i))—

23 (A) by inserting ‘‘loan, lease,’’ after ‘‘de24 partment, may’’; and
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1 (B) by inserting ‘‘Actions taken under this

2 subsection shall not be subject to Federal re3 quirements on the disposal of property.’’ after

4 ‘‘education and research activities.’’; and

5 (2) in section 17(c) (15 U.S.C. 3711a(c))—

6 (A) by striking paragraph (2);

7 (B) by redesignating paragraph (3) as

8 paragraph (2); and

9 (C) in paragraph (2), as so redesignated

10 by subparagraph (B) of this paragraph, by

11 striking ‘‘two’’ and inserting in lieu thereof

12 ‘‘4’’.

13 SEC. 605. PERSONNEL.

14 The personnel management demonstration project es15 tablished under section 10 of the National Bureau of

16 Standards Authorization Act for Fiscal Year 1987 (15

17 U.S.C. 275 note) is extended indefinitely.

18 SEC. 606. FASTENER QUALITY ACT AMENDMENTS.

19 (a) SECTION 2 AMENDMENTS.—Section 2 of the Fas20 tener Quality Act (15 U.S.C. 5401) is amended—

21 (1) by striking subsection (a)(4), and redesig22 nating paragraphs (5) through (9) as paragraphs

23 (4) through (8), respectively;
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1 (2) in subsection (a)(7), as so redesignated by

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

3 number’’; and

4 (3) in subsection (b), by striking ‘‘used in criti5 cal applications’’ and inserting in lieu thereof ‘‘in

6 commerce’’.

7 (b) SECTION 3 AMENDMENTS.—Section 3 of the Fas8 tener Quality Act (15 U.S.C. 5402) is amended—

9 (1) in paragraph (1)(B) by striking ‘‘having a

10 minimum tensile strength of 150,000 pounds per

11 square inch’’ and inserting in lieu thereof ‘‘having a

12 minimum Rockwell C hardness of 40 or above’’;

13 (2) in paragraph (2)—

14 (A) by inserting ‘‘International Organiza15 tion for Standardization,’’ after ‘‘Society of

16 Automotive Engineers,’’; and

17 (B) by inserting ‘‘consensus’’ after ‘‘or any

18 other’’;

19 (3) in paragraph (5)—

20 (A) by inserting ‘‘or’’ after ‘‘standard or

21 specification,’’ in subparagraph (B);

22 (B) by striking ‘‘or’’ at the end of subpara23 graph (C);

24 (C) by striking subparagraph (D); and
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1 (D) by inserting ‘‘or produced in accord2 ance with ASTM F 432’’ after ‘‘307 Grade A’’;

3 (4) in paragraph (6) by striking ‘‘other person’’

4 and inserting in lieu thereof ‘‘government agency’’;

5 (5) in paragraph (8) by striking ‘‘Standard’’

6 and inserting in lieu thereof ‘‘Standards’’;

7 (6) by striking paragraph (11) and redesignat8 ing paragraphs (12) through (15) as paragraphs

9 (11) through (14), respectively;

10 (7) in paragraph (13), as so redesignated by

11 paragraph (6) of this subsection, by striking ‘‘, a

12 government agency’’ and all that follows through

13 ‘‘markings of any fastener’’ and inserting in lieu

14 thereof ‘‘or a government agency’’; and

15 (8) in paragraph (14), as so redesignated by

16 paragraph (6) of this subsection, by inserting ‘‘for

17 the purpose of achieving a uniform hardness’’ after

18 ‘‘quenching and tempering’’.

19 (c) SECTION 4 REPEAL.—Section 4 of the Fastener

20 Quality Act (15 U.S.C. 5403) is repealed.

21 (d) SECTION 5 AMENDMENTS.—Section 5 of the Fas22 tener Quality Act (15 U.S.C. 5404) is amended—

23 (1) in subsection (a)(1)(B) and (2)(A)(i) by

24 striking ‘‘subsections (b) and (c)’’ and inserting in

25 lieu thereof ‘‘subsections (b), (c), and (d)’’;
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1 (2) in subsection (c)(2) by striking ‘‘or, where

2 applicable’’ and all that follows through ‘‘section

3 7(c)(1)’’;

4 (3) in subsection (c)(3) by striking ‘‘, such as

5 the chemical, dimensional, physical, mechanical, and

6 any other’’;

7 (4) in subsection (c)(4) by inserting ‘‘except as

8 provided in subsection (d),’’ before ‘‘state whether’’;

9 and

10 (5) by adding at the end the following new sub11 section:

12 ‘‘(d) ALTERNATIVE PROCEDURE FOR CHEMICAL

13 CHARACTERISTICS.—Notwithstanding the requirements of

14 subsections (b) and (c), a manufacturer shall be deemed

15 to have demonstrated, for purposes of subsection (a)(1),

16 that the chemical characteristics of a lot conform to the

17 standards and specifications to which the manufacturer

18 represents such lot has been manufactured if the following

19 requirements are met:

20 ‘‘(1) The coil or heat number of metal from

21 which such lot was fabricated has been inspected

22 and tested with respect to its chemical characteris23 tics by a laboratory accredited in accordance with

24 the procedures and conditions specified by the Sec25 retary under section 6.
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1 ‘‘(2) Such laboratory has provided to the manu2 facturer, either directly or through the metal manu3 facturer, a written inspection and testing report,

4 which shall be in a form prescribed by the Secretary

5 by regulation, listing the chemical characteristics of

6 such coil or heat number.

7 ‘‘(3) The report described in paragraph (2) in8 dicates that the chemical characteristics of such coil

9 or heat number conform to those required by the

10 standards and specifications to which the manufac11 turer represents such lot has been manufactured.

12 ‘‘(4) The manufacturer demonstrates that such

13 lot has been fabricated from the coil or heat number

14 of metal to which the report described in paragraphs

15 (2) and (3) relates.

16 In prescribing the form of report required by subsection

17 (c), the Secretary shall provide for an alternative to the

18 statement required by subsection (c)(4), insofar as such

19 statement pertains to chemical characteristics, for cases

20 in which a manufacturer elects to use the procedure per21 mitted by this subsection.’’.

22 (e) SECTION 6 AMENDMENT.—Section 6(a)(1) of the

23 Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended

24 by striking ‘‘Within 180 days after the date of enactment

25 of this Act, the’’ and inserting in lieu thereof ‘‘The’’.
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1 (f) SECTION 7 AMENDMENTS.—Section 7 of the Fas2 tener Quality Act (15 U.S.C. 5406) is amended—

3 (1) by amending subsection (a) to read as fol4 lows:

5 ‘‘(a) DOMESTICALLY PRODUCED FASTENERS.—It

6 shall be unlawful for a manufacturer to sell any shipment

7 of fasteners covered by this Act which are manufactured

8 in the United States unless the fasteners—

9 ‘‘(1) have been manufactured according to the

10 requirements of the applicable standards and speci11 fications and have been inspected and tested by a

12 laboratory accredited in accordance with the proce13 dures and conditions specified by the Secretary

14 under section 6; and

15 ‘‘(2) an original laboratory testing report de16 scribed in section 5(c) and a manufacturer’s certifi17 cate of conformance are on file with the manufac18 turer, or under such custody as may be prescribed

19 by the Secretary, and available for inspection,’’;

20 (2) in subsection (c)(2) by inserting ‘‘to the

21 same’’ after ‘‘in the same manner and’’;

22 (3) in subsection (d)(1) by striking ‘‘certificate’’

23 and inserting in lieu thereof ‘‘test report’’; and

24 (4) by striking subsections (e), (f), and (g) and

25 inserting in lieu thereof the following:
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1 ‘‘(e) SUBSEQUENT PURCHASER.—If a person who

2 purchases fasteners for any purpose so requests either

3 prior to the sale or at the time of sale, the seller shall

4 conspicuously mark the container of the fasteners with the

5 lot number from which such fasteners were taken.’’.

6 (g) SECTION 9 AMENDMENT.—Section 9 of the Fas7 tener Quality Act (15 U.S.C. 5408) is amended by adding

8 at the end the following new subsection:

9 ‘‘(d) ENFORCEMENT.—The Secretary may designate

10 officers or employees of the Department of Commerce to

11 conduct investigations pursuant to this Act. In conducting

12 such investigations, those officers or employees may, to

13 the extent necessary or appropriate to the enforcement of

14 this Act, exercise such authorities as are conferred upon

15 them by other laws of the United States, subject to policies

16 and procedures approved by the Attorney General.’’.

17 (h) SECTION 10 AMENDMENTS.—Section 10 of the

18 Fastener Quality Act (15 U.S.C. 5409) is amended—

19 (1) in subsections (a) and (b), by striking ‘‘10

20 years’’ and inserting in lieu thereof ‘‘5 years’’; and

21 (2) in subsection (b), by striking ‘‘any subse22 quent’’ and inserting in lieu thereof ‘‘the subse23 quent’’.

24 (i) SECTION 13 AMENDMENT.—Section 13 of the

25 Fastener Quality Act (15 U.S.C. 5412) is amended by
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1 striking ‘‘within 180 days after the date of enactment of

2 this Act’’.

3 (j) SECTION 14 REPEAL.—Section 14 of the Fastener

4 Quality Act (15 U.S.C. 5413) is repealed.

5 SEC. 607. PROHIBITION OF LOBBYING ACTIVITIES.

6 None of the funds authorized by this title shall be

7 available for any activity whose purpose is to influence leg8 islation pending before the Congress, except that this shall

9 not prevent officers or employees of the United States or

10 of its departments or agencies from communicating to

11 Members of Congress on the request of any Member or

12 to Congress, through the proper channels, requests for leg13 islation or appropriations which they deem necessary for

14 the efficient conduct of the public business.

15 SEC. 608. LIMITATION ON APPROPRIATIONS.

16 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

17 1996.—Notwithstanding any other provision of law, no

18 sums are authorized to be appropriated for fiscal year

19 1996 for the activities for which sums are authorized by

20 this title unless such sums are specifically authorized to

21 be appropriated by this title.

22 (b) SUBSEQUENT FISCAL YEARS.—No sums are au23 thorized to be appropriated for any fiscal year after fiscal

24 year 1996 for the activities for which sums are authorized

25 by this title unless such sums are specifically authorized
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1 to be appropriated by Act of Congress with respect to such

2 fiscal year.

3 SEC. 609. ELIGIBILITY FOR AWARDS.

4 (a) IN GENERAL.—The Director shall exclude from

5 consideration for awards of financial assistance made by

6 the Under Secretary for Technology/Office of Technology

7 Policy or the National Institute of Standards and Tech8 nology after fiscal year 1995 any person who received

9 funds, other than those described in subsection (b), appro10 priated for a fiscal year after fiscal year 1995, from any

11 Federal funding source for a project that was not sub12 jected to a competitive, merit-based award process. Any

13 exclusion from consideration pursuant to this section shall

14 be effective for a period of 5 years after the person re15 ceives such Federal funds.

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

17 awards to persons who are members of a class specified

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

19 class according to a formula provided by law.

20 SEC. 610. STANDARDS CONFORMITY.

21 (a) USE OF STANDARDS.—Section 2(b) of the Na22 tional Institute of Standards and Technology Act (15

23 U.S.C. 272(b)) is amended—
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1 (1) by striking ‘‘, including comparing stand2 ards’’ and all that follows through ‘‘Federal Govern3 ment’’;

4 (2) by redesignating paragraphs (3) through

5 (11) as paragraphs (4) through (12), respectively;

6 and

7 (3) by inserting after paragraph (2) the follow8 ing new paragraph:

9 ‘‘(3) to compare standards used in scientific in10 vestigations, engineering, manufacturing, commerce,

11 industry, and educational institutions with the

12 standards adopted or recognized by the Federal Gov13 ernment and to coordinate the use by Federal agen14 cies of private sector standards, emphasizing where

15 possible the use of standards developed by private,

16 consensus organizations;’’.

17 (b) CONFORMITY ASSESSMENT ACTIVITIES.—Section

18 2(b) of the National Institute of Standards and Tech19 nology Act (15 U.S.C. 272(b)) is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (11), as so redesignated by subsection (a)(2) of this

22 section;

23 (2) by striking the period at the end of para24 graph (12), as so redesignated by subsection (a)(2)
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1 of this section, and inserting in lieu thereof ‘‘; and’’;

2 and

3 (3) by adding at the end the following new

4 paragraph:

5 ‘‘(13) to coordinate Federal, State, local, and

6 private sector standards conformity assessment ac7 tivities, with the goal of eliminating unnecessary du8 plication and complexity in the development and pro9 mulgation of conformity assessment requirements

10 and measures.’’.

11 (c) TRANSMITTAL OF PLAN TO CONGRESS.—The Na12 tional Institute of Standards and Technology shall, by

13 January 1, 1996, transmit to the Congress a plan for im14 plementing the amendments made by this section.

15 SEC. 611. FURTHER AUTHORIZATIONS.

16 Nothing in this Act shall preclude further authoriza17 tion of appropriations for the Manufacturing Extension

18 Partnerships program under sections 25 and 26 of the Na19 tional Institute of Standards and Technology Act (15

20 U.S.C. 278k and 278l) for fiscal year 1996: Provided,

21 That authorization allocations adopted by the Conference

22 Committee on House Concurrent Resolution 67, and ap23 proved by Congress, allow for such further authorizations.
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1 TITLE VII—UNITED STATES FIRE

2 ADMINISTRATION

3 SEC. 701 SHORT TITLE.

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

5 Authorization Act of 1995’’.

6 SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

11 (2) by striking the period at the end of sub12 paragraph (F) and inserting in lieu thereof a semi13 colon; and

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

16 ‘‘(G) $28,000,000 for the fiscal year ending

17 September 30, 1996, which, notwithstanding sub18 section (h), includes any amounts appropriated

19 under subsection (h) (3) and (4) for fiscal year

20 1996; and

21 ‘‘(H) $28,000,000 for the fiscal year ending

22 September 30, 1997.’’.

23 SEC. 703. FIRE SAFETY SYSTEMS IN ARMY HOUSING.

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

25 or in the case of housing under the control of the Depart-
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1 ment of the Army, 6 years after such date of enactment’’

2 after ‘‘date of enactment’’.

3 SEC. 704. SUCCESSOR FIRE SAFETY STANDARDS.

4 The Federal Fire Prevention and Control Act of 1974

5 is amended—

6 (1) in section 29(a)(1), by inserting ‘‘, or any

7 successor standard thereto,’’ after ‘‘Association

8 Standard 74’’;

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

10 successor standards thereto,’’ after ‘‘whichever is ap11 propriate,’’;

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

13 successor standards thereto’’ after ‘‘Association

14 Standard 13 or 13–R’’;

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

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

17 Code),’’; and

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

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

20 Standard 101,’’.

21 SEC. 705. TERMINATION OR PRIVATIZATION OF FUNC22 TIONS.

23 The Administrator of the United States Fire Admin24 istration shall transmit to Congress a report providing no25 tice at least 60 days in advance of the termination or
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1 transfer to a private sector entity of any significant func2 tion of the United States Fire Administration.

3 SEC. 706. REPORT ON BUDGETARY REDUCTION.

4 The Administrator of the United States Fire Admin5 istration shall transmit to Congress, within three months

6 after the date of the enactment of this Act, a report set7 ting forth the manner in which the United States Fire

8 Administration intends to implement the budgetary reduc9 tion represented by the difference between the amount ap10 propriated to the United States Fire Administration for

11 fiscal year 1996 and the amount requested in the Presi12 dent’s budget request for such fiscal year. Such report

13 shall be prepared in consultation with the Alliance for Fire

14 and Emergency Management, the International Associa15 tion of Fire Chiefs, the International Association of Fire

16 Fighters, the National Fire Protection Association, the

17 National Volunteer Fire Council, the National Association

18 of State Fire Marshals, and the International Association

19 of Arson Investigators.

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