104TH CONGRESS

1ST SESSION H. R. 2405

AN ACT

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

4 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

TITLE I—NATIONAL SCIENCE FOUNDATION

Sec. 101. Short title.

Sec. 102. Definitions.

Subtitle A—National Science Foundation Authorization

Sec. 111. Authorization of appropriations.

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

Sec. 113. Consultation and representation expenses.

Sec. 114. Reprogramming.

Subtitle B—General Provisions.

Sec. 121. Annual report.

Sec. 122. National research facilities.

Sec. 123. Eligibility for research facility awards.

Sec. 124. Administrative amendments.

Sec. 125. Indirect costs.

Sec. 126. 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.
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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.

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 transfers 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.

Sec. 257. Use of abandoned and underutilized buildings, grounds, and facilities.

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.
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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.

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. Termination of the corps of commissioned officers.

Subtitle E—Miscellaneous

Sec. 451. Weather data buoys.

Sec. 452. Duties of the National Weather Service.

Sec. 453. Eligibility for awards.

Sec. 454. Prohibition of lobbying activities.

Sec. 455. Report on laboratories.

Sec. 456. Conveyance of National Marine Fisheries Service laboratory at

Gloucester, Massachusetts.

Sec. 457. Cleanup of NOAA facilities.

Sec. 458. Ocean Applications Branch.

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.
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Sec. 610. Standards conformity.

Sec. 611. Further authorizations.

Sec. 612. Available funding.

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.

TITLE VIII—BUY AMERICAN

Sec. 801. Buy American.

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 affili-
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1 ated with research institutions located in the United

2 States; and

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

4 States, the District of Columbia, the Commonwealth

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

6 Samoa, the Commonwealth of the Northern Mariana

7 Islands, and any other territory or possession of the

8 United States.

9 Subtitle A—National Science

10 Foundation Authorization

11 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

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

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

15 develop human resources in science and engineering,

16 and that those programs should be funded at an

17 adequate level;

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

20 and science education and the support of research

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

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

24 economic competitiveness of the United States

25 should be in accord with that primary mission.
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1 (b) FISCAL YEAR 1996.—There are authorized to be

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

3 year 1996, which shall be available for the following cat4 egories:

5 (1) Research and Related Activities,

6 $2,226,300,000, which shall be available for the fol7 lowing subcategories:

8 (A) Mathematical and Physical Sciences,

9 $632,200,000.

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

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

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

13 (E) Computer and Information Science

14 and Engineering, $249,500,000.

15 (F) Social, Behavioral, and Economic

16 Sciences, $111,300,000.

17 (G) United States Polar Research Pro18 grams, $156,000,000.

19 (H) United States Antarctic Logistical

20 Support Activities, $62,600,000.

21 (I) Critical Technologies Institute,

22 $1,000,000.

23 (2) Education and Human Resources Activities,

24 $600,000,000.

25 (3) Major Research Equipment, $70,000,000.
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1 (4) Academic Research Facilities Moderniza2 tion, $100,000,000.

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

4 (6) Office of Inspector General, $4,500,000.

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

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

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

8 year 1997, which shall be available for the following cat9 egories:

10 (1) Research and Related Activities,

11 $2,286,200,000.

12 (2) Education and Human Resources Activities,

13 $600,000,000.

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

15 (4) Academic Research Facilities Moderniza16 tion, $100,000,000.

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

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

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

20 SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND

21 RELATED ACTIVITIES AMOUNTS.

22 If the amount appropriated pursuant to section

23 111(b)(1) is less than the amount authorized under that

24 paragraph, the amount authorized for each subcategory
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1 under that paragraph shall be reduced by the same pro2 portion.

3 SEC. 113. CONSULTATION AND REPRESENTATION EX4 PENSES.

5 From appropriations made under authorizations pro6 vided in this title, not more than $10,000 may be used

7 in each fiscal year for official consultation, representation,

8 or other extraordinary expenses at the discretion of the

9 Director. The determination of the Director shall be final

10 and conclusive upon the accounting officers of the Govern11 ment.

12 SEC. 114. REPROGRAMMING.

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

14 Director may transfer appropriated funds among the

15 subcategories of Research and Related Activities, so long

16 as the net funds transferred to or from any subcategory

17 do not exceed $500,000.

18 (b) GREATER THAN $500,000.—In addition, the Di19 rector may propose transfers to or from any subcategory

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

21 transfer under this subsection must be transmitted in

22 writing to the Committee on Science of the House of Rep23 resentatives, and the Committees on Labor and Human

24 Resources and Commerce, Science, and Transportation of

25 the Senate. The proposed transfer may be made only when
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1 30 calendar days have passed after transmission of such

2 written explanation.

3 Subtitle B—General Provisions

4 SEC. 121. ANNUAL REPORT.

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

6 of 1950 (42 U.S.C. 1862(f)) is amended to read as fol7 lows:

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

9 to the President which shall be submitted by the Director

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

11 budget submission. The report shall—

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

13 a previous strategic plan, which—

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

15 overall goals for the Foundation and specific

16 goals for each major activity of the Foundation,

17 including each scientific directorate, the edu18 cation directorate, and the polar programs of19 fice; and

20 ‘‘(B) describe how the identified goals re21 late to national needs and will exploit new op22 portunities in science and technology;

23 ‘‘(2) identify the criteria and describe the proce24 dures which the Foundation will use to assess
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1 progress toward achieving the goals identified in ac2 cordance with paragraph (1);

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

4 during the preceding year which have contributed to5 ward achievement of goals identified in accordance

6 with paragraph (1) and summarize planned activities

7 for the coming three years in the context of the

8 identified goals, with particular emphasis on the

9 Foundation’s planned contributions to major multi10 agency research and education initiatives;

11 ‘‘(4) contain such recommendations as the

12 Foundation considers appropriate; and

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

14 disposition by the Foundation of any patents and

15 patent rights.’’.

16 SEC. 122. NATIONAL RESEARCH FACILITIES.

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

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

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

20 1950, a plan for the proposed construction of, and repair

21 and upgrades to, national research facilities. The plan

22 shall include estimates of the cost for such construction,

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

24 operation and maintenance of existing and proposed new

25 facilities. For proposed new construction and for major
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1 upgrades to existing facilities, the plan shall include fund2 ing profiles by fiscal year and milestones for major phases

3 of the construction. The plan shall include cost estimates

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

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

6 for not fewer than the succeeding 4 years.

7 (b) LIMITATION ON OBLIGATION OF UNAUTHORIZED

8 APPROPRIATIONS.—No funds appropriated for any project

9 which involves construction of new national research facili10 ties or construction necessary for upgrading the capabili11 ties of existing national research facilities shall be obli12 gated unless the funds are specifically authorized for such

13 purpose by this title or any other Act which is not an ap14 propriations Act, or unless the total estimated cost to the

15 Foundation of the construction project is less than

16 $50,000,000. This subsection shall not apply to construc17 tion projects approved by the National Science Board

18 prior to June 30, 1994.

19 SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

20 Section 203(b) of the Academic Research Facilities

21 Modernization Act of 1988 is amended by striking the

22 final sentence of paragraph (3) and inserting in lieu there23 of the following: ‘‘The Director shall give priority to insti24 tutions or consortia that have not received such funds in

25 the preceding 5 years, except that this sentence shall not
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1 apply to previous funding received for the same multiyear

2 project.’’.

3 SEC. 124. ADMINISTRATIVE AMENDMENTS.

4 (a) NATIONAL SCIENCE FOUNDATION ACT OF 1950

5 AMENDMENTS.—The National Science Foundation Act of

6 1950 (42 U.S.C. 1861 et seq.) is amended—

7 (1) by redesignating the subsection (k) of sec8 tion 4 (42 U.S.C. 1863(k)) that was added by sec9 tion 108 of the National Science Foundation Au10 thorization Act of 1988 as subsection (l);

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

12 amending paragraph (2) to read as follows:

13 ‘‘(2) Any delegation of authority or imposition of con14 ditions under paragraph (1) shall be promptly published

15 in the Federal Register and reported to the Committees

16 on Labor and Human Resources and Commerce, Science,

17 and Transportation of the Senate and the Committee on

18 Science of the House of Representatives.’’;

19 (3) by inserting ‘‘be entitled to’’ between

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

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

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

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

24 1873(j)); and
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1 (5) by striking ‘‘Atomic Energy Commission’’ in

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

3 lieu thereof ‘‘Secretary of Energy’’.

4 (b) NATIONAL SCIENCE FOUNDATION AUTHORIZA5 TION ACT, 1976 AMENDMENTS.—Section 6(a) of the Na6 tional Science Foundation Authorization Act, 1976 (42

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

8 first place it appears.

9 (c) NATIONAL SCIENCE FOUNDATION AUTHORIZA10 TION ACT OF 1988 AMENDMENTS.—(1) Section

11 117(a)(1)(B)(v) of the National Science Foundation Au12 thorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is

13 amended to read as follows:

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

15 States and the District of Columbia by any agency

16 of the Federal Government for dependents of its em17 ployees.’’.

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

19 1881b(3)(A)) is amended by striking ‘‘Science and Engi20 neering Education’’ and inserting in lieu thereof ‘‘Edu21 cation and Human Resources’’.

22 (d) EDUCATION FOR ECONOMIC SECURITY ACT

23 AMENDMENTS.—Section 107 of Education for Economic

24 Security Act (20 U.S.C. 3917) is repealed.
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1 (e) TECHNICAL AMENDMENT.—The second sub2 section (g) of section 3 of the National Science Foundation

3 Act of 1950 is repealed.

4 SEC. 125. INDIRECT COSTS.

5 (a) MATCHING FUNDS.—Matching funds required

6 pursuant to section 204(a)(2)(C) of the Academic Re7 search Facilities Modernization Act of 1988 (42 U.S.C.

8 1862c(a)(2)(C)) shall not be considered facilities costs for

9 purposes of determining indirect cost rates.

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

11 and Technology Policy, in consultation with other relevant

12 agencies, shall prepare a report analyzing what steps

13 would be needed to—

14 (1) reduce by 10 percent the proportion of Fed15 eral assistance to institutions of higher education

16 that are allocated for indirect costs; and

17 (2) reduce the variance among indirect cost

18 rates of different institutions of higher education,

19 including an evaluation of the relative benefits and bur20 dens of each option on institutions of higher education.

21 Such report shall be transmitted to the Congress no later

22 than December 31, 1995.

23 SEC. 126. RESEARCH INSTRUMENTATION AND FACILITIES.

24 The Foundation shall incorporate the guidelines set

25 forth in Important Notice No. 91, dated March 11, 1983
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1 (48 Fed. Reg. 15754, April 12, 1983), relating to the use

2 and operation of Foundation-supported research instru3 mentation and facilities, in its notice of Grant General

4 Conditions, and shall examine more closely the adherence

5 of grantee organizations to such guidelines.

6 SEC. 127. FINANCIAL DISCLOSURE.

7 Persons temporarily employed by or at the Founda8 tion shall be subject to the same financial disclosure re9 quirements and related sanctions under the Ethics in Gov10 ernment Act of 1978 as are permanent employees of the

11 Foundation in equivalent positions.

12 SEC. 128. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE

13 DUTY.

14 In order to be eligible to receive funds from the Foun15 dation after September 30, 1995, an institution of higher

16 education must provide that whenever any student of the

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

18 other reserve component of the Armed Forces of the

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

20 than active duty for training, the institution shall grant

21 the member a military leave of absence from their edu22 cation. Persons on military leave of absence from their in23 stitution shall be entitled, upon release from military duty,

24 to be restored to the educational status they had attained

25 prior to their being ordered to military duty without loss
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1 of academic credits earned, scholarships or grants award2 ed, or tuition and other fees paid prior to the commence3 ment of the military duty. It shall be the duty of the insti4 tution to refund tuition or fees paid or to credit the tuition

5 and fees to the next semester or term after the termi6 nation of the educational military leave of absence at the

7 option of the student.

8 SEC. 129. PROHIBITION OF LOBBYING ACTIVITIES.

9 None of the funds authorized by this title shall be

10 available for any activity whose purpose is to influence leg11 islation pending before the Congress, except that this shall

12 not prevent officers or employees of the United States or

13 of its departments or agencies from communicating to

14 Members of Congress on the request of any Member or

15 to Congress, through the proper channels, requests for leg16 islation or appropriations which they deem necessary for

17 the efficient conduct of the public business.

18 SEC. 130. SCIENCE STUDIES INSTITUTE.

19 (a) AMENDMENT.—Section 822 of the National De20 fense Authorization Act for Fiscal 1991 (42 U.S.C. 6686)

21 is amended—

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

23 in the section heading and in subsection (a), and in24 serting in lieu thereof ‘‘Science Studies Institute’’;
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1 (2) in subsection (b) by striking ‘‘As deter2 mined by the chairman of the committee referred to

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

4 ‘‘The’’;

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

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

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

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

9 paragraph (3) of this subsection—

10 (A) by inserting ‘‘science and’’ after ‘‘de11 velopments and trends in’’ in paragraph (1);

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

13 in paragraph (1) and all that follows through

14 the end of such paragraph and inserting in lieu

15 thereof ‘‘and developing and maintaining rel16 evant informational and analytical tools.’’;

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

18 follows through ‘‘technology policies’’ in para19 graph (2) and inserting in lieu thereof ‘‘with

20 particular attention to the scope and content of

21 the Federal science and technology research

22 and develop portfolio as it affects interagency

23 and national issues’’;

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

25 follows:
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1 ‘‘(3) Initiation of studies and analysis of alter2 natives available for ensuring the long-term strength

3 of the United States in the development and applica4 tion of science and technology, including appropriate

5 roles for the Federal Government, State govern6 ments, private industry, and institutions of higher

7 education in the development and application of

8 science and technology.’’;

9 (E) by inserting ‘‘science and’’ after ‘‘Ex10 ecutive branch on’’ in paragraph (4)(A); and

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

12 as follows:

13 ‘‘(B) to the interagency committees and

14 panels of the Federal Government concerned

15 with science and technology.’’;

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

17 paragraph (3) of this subsection, by striking ‘‘sub18 section (d)’’ and inserting in lieu thereof ‘‘subsection

19 (c)’’; and

20 (6) by amending subsection (f), as so redesig21 nated by paragraph (3) of this subsection, to read

22 as follows:

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

24 Science and Technology Policy shall be the sponsor of the

25 Institute.’’.
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1 (b) CONFORMING USAGE.—All references in Federal

2 law or regulations to the Critical Technologies Institute

3 shall be considered to be references to the Science Studies

4 Institute.

5 SEC. 131. EDUCATIONAL IMPACT.

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

7 (1) Federal research funds made available to

8 institutions of higher education often create incen9 tives for such institutions to emphasize research over

10 undergraduate teaching and to narrow the focus of

11 their graduate programs; and

12 (2) National Science Foundation funds for Re13 search and Related Activities should be spent in the

14 manner most likely to improve the quality of under15 graduate and graduate education in institutions of

16 higher education.

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

18 grant or cooperative agreement by the National Science

19 Foundation would have on undergraduate and graduate

20 education at an institution of higher education shall be

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

22 agreement to that institution.

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

24 any grant or cooperative agreement awarded after Sep25 tember 30, 1996.
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1 (c) REPORT.—The Director shall provide a plan for

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

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

4 Science of the House of Representatives and the Commit5 tee on Commerce, Science, and Transportation and the

6 Committee on Labor and Human Resources of the Senate.

7 SEC. 132. DIVISIONS OF THE FOUNDATION.

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

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

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

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

12 in managing the Divisions.’’ after ‘‘time to time deter13 mine.’’.

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

15 shall transmit to the Congress a report on the reorganiza16 tion of the National Science Foundation required as a re17 sult of the amendment made by subsection (a).

18 SEC. 133. LIMITATION ON APPROPRIATIONS.

19 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

20 1996.—Notwithstanding any other provision of law, no

21 sums are authorized to be appropriated for fiscal year

22 1996 for the activities for which sums are authorized by

23 this title unless such sums are specifically authorized to

24 be appropriated by this title.
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1 (b) SUBSEQUENT FISCAL YEARS.—No sums are au2 thorized to be appropriated for any fiscal year after fiscal

3 year 1996 for the activities for which sums are authorized

4 by this title unless such sums are specifically authorized

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

6 such fiscal year.

7 SEC. 134. ELIGIBILITY FOR AWARDS.

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

9 consideration for awards of financial assistance made by

10 the Foundation after fiscal year 1995 any person who re11 ceived funds, other than those described in subsection (b),

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

13 any Federal funding source for a project that was not sub14 jected to a competitive, merit-based award process. Any

15 exclusion from consideration pursuant to this section shall

16 be effective for a period of 5 years after the person re17 ceives such Federal funds.

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

19 awards to persons who are members of a class specified

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

21 class according to a formula provided by law.
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1 TITLE II—NATIONAL AERO2 NAUTICS AND SPACE ADMIN3 ISTRATION

4 Subtitle A—General Provisions

5 SEC. 201. SHORT TITLE.

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

7 and Space Administration Authorization Act, Fiscal Year

8 1996’’.

9 SEC. 202. FINDINGS.

10 The Congress makes the following findings:

11 (1) The National Aeronautics and Space Ad12 ministration has failed to request sufficient funds to

13 perform all missions it has proposed in annual budg14 et requests. For fiscal year 1996, the budget re15 quested is $140,000,000 below the amount required

16 to fulfill program commitments made by the fiscal

17 year 1995 budget approved by Congress. The re18 quest for fiscal year 1996 proposes continued

19 underfunding of the requirements of the National

20 Aeronautics and Space Administration by

21 $439,000,000 for fiscal year 1997, $847,000,000 for

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

23 1999, and $1,532,000,000 for fiscal year 2000.

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

25 program requirements and the underfunding re-
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1 quested, the National Aeronautics and Space Admin2 istration should aggressively pursue actions and re3 forms directed at reducing institutional costs, includ4 ing management restructuring, facility consolidation,

5 procurement reform, personnel base downsizing, and

6 convergence with other defense and private sector

7 systems.

8 (3) While institutional reforms, restructurings,

9 and downsizing hold the promise of comporting the

10 projected needs of the National Aeronautics and

11 Space Administration with funding levels requested

12 by the Administration, such reforms provide no

13 guarantee against cancellation of missions in the

14 event reform efforts fail to achieve cost reduction

15 targets.

16 (4) The National Aeronautics and Space Ad17 ministration must reverse its current trend toward

18 becoming an operational agency, and return to its

19 proud history as the Nation’s leader in basic sci20 entific air and space research.

21 (5) Commercial space activity is in a delicate

22 state of growth but has the potential to eclipse Fed23 eral space activity in its economic return to the Na24 tion if not stifled.
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1 (6) The United States is on the verge of creat2 ing and using new technologies in microsatellites, in3 formation processing, and space launch that could

4 radically alter the manner in which the Government

5 approaches its space mission.

6 (7) The overwhelming preponderance of the

7 Federal Government’s requirements for routine, non8 emergency manned and unmanned space transpor9 tation can be most effectively, efficiently, and eco10 nomically met by a free and competitive market in

11 privately developed and operated launch services.

12 (8) In formulating a national space transpor13 tation service policy, the National Aeronautics and

14 Space Administration should aggressively pursue re15 verse contracting opportunities to support the pri16 vate sector development of advanced space transpor17 tation technologies including reusable space vehicles,

18 single-stage-to-orbit vehicles, and manner space sys19 tems.

20 (9) International cooperation in space explo21 ration and science activities serves the United States

22 national interest—

23 (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
27

•HR 2405 EH

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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•HR 2405 EH

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, of which at least

19 $2,000,000 is reserved for research and early detec20 tion systems for breast and ovarian cancer and other

21 women’s health issues.

22 (3) For Mission to Planet Earth,

23 $1,013,100,000, of which $21,500,000 shall only be

24 for activities described in section 248(b)(7)(A), ex25 cept that no funds are authorized for the Consor-
30

•HR 2405 EH

1 tium for International Earth Science Information

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

3 Topex Poseidon Follow-On mission. Funds author4 ized by this paragraph may not be expended to du5 plicate private sector or other Federal activities or to

6 procure systems to provide data unless the Adminis7 trator certifies to Congress that no private sector or

8 Federal entity can provide suitable data in a timely

9 manner. Notwithstanding any other provision of law,

10 funds in excess of those authorized by this para11 graph may not be obligated for Mission to Planet

12 Earth.

13 (4) For Space Access and Technology,

14 $639,800,000 of which—

15 (A) $193,000,000 are authorized for Ad16 vanced Space Transportation;

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

18 made available for defraying the costs of con19 verting or redesigning commercially inconsistent

20 elements of former Federal facilities or to take

21 actions required for conformance with Federal

22 laws or regulations relating to commercial space

23 transportation infrastructure, to remain avail24 able until expended;
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•HR 2405 EH

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

2 the Launch Voucher Demonstration Program

3 authorized under section 504 of the National

4 Aeronautics and Space Administration Author5 ization Act, Fiscal Year 1993(15 U.S.C. 5803);

6 and

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

8 Small Spacecraft Technology Initiative, except

9 that funds for such Initiative may not be ex10 pended to duplicate private sector activities or

11 to fund any activities that a private sector en12 tity is proposing to carry out for commercial

13 purposes. No funds are authorized under this

14 paragraph for the Partnership for Next Genera15 tion Vehicle.

16 (5) For Aeronautical Research and Technology,

17 $826,900,000, of which—

18 (A) $354,700,000 are authorized for Re19 search and Technology Base activities;

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

21 Speed Research;

22 (C) $133,000,000 are authorized for Ad23 vanced Subsonic Technology, except that no

24 funds are authorized for concept studies for Ad-
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•HR 2405 EH

1 vanced Traffic Management and Affordable De2 sign and Manufacturing;

3 (D) $40,200,000 are authorized for High4 Performance Computing and Communications;

5 and

6 (E) $48,100,000 are authorized for Nu7 merical Aerodynamic Simulation.

8 (6) For Mission Communication Services,

9 $461,300,000.

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

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

12 funds authorized to be appropriated under subsection

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

14 Earth Systems Science Building, Goddard Space Flight

15 Center.

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

17 subsection (a)(5), $5,400,000 are authorized for mod18 ernization of the Unitary Plan Wind Tunnel Complex,

19 Ames Research Center.

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

21 subsection (a)(2), $3,000,000 are authorized for the con22 struction of an addition to the Microgravity and Develop23 ment Laboratory, Marshall Space Flight Center.
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1 SEC. 213. MISSION SUPPORT.

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

4 year 1996 for Mission Support the following amounts:

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

7 (2) For Space Communication Services,

8 $319,400,000.

9 (3) For Construction of Facilities, including

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

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

12 Flight Systems Research Laboratory, Ames Re13 search Center;

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

15 chilled water distribution system, Goddard

16 Space Flight Center;

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

18 chillers, various buildings, Jet Propulsion Lab19 oratory;

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

21 of electrical distribution system, White Sands

22 Test Facility, Johnson Space Center;

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

24 main substation switchgear and circuit break25 ers, Johnson Space Center;
34

•HR 2405 EH

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

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

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

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

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

8 high pressure air compressor system, Marshall

9 Space Flight Center;

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

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

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

14 canal lock, Stennis Space Center;

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

16 primary electrical distribution systems, Wallops

17 Flight Facility;

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

20 $1,500,000 per project;

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

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

24 (N) $2,000,000 shall be for minor con25 struction of new facilities and additions to exist-
35

•HR 2405 EH

1 ing facilities at various locations, not in excess

2 of $750,000 per project;

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

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

6 compliance and restoration.

7 (4) For Research and Program Management,

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

10 SEC. 214. INSPECTOR GENERAL.

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

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

14 SEC. 215. TOTAL AUTHORIZATION.

15 Notwithstanding any other provision of this subtitle,

16 the total amount authorized to be appropriated to the Na17 tional Aeronautics and Space Administration under this

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

19 1996.

20 SEC. 216. ADDITIONAL AUTHORIZATION AND CORRESPOND21 ING REDUCTION.

22 (a) AUTHORIZATION.—In addition to amounts au23 thorized by section 212(a)(3), there are authorized to be

24 appropriated to the National Aeronautics and Space Ad25 ministration for fiscal year 1996 for Mission to Planet
36

•HR 2405 EH

1 Earth $274,360,000, to be derived from amounts other2 wise authorized by this title.

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

4 within 30 days after the later of—

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

6 (2) the date of the enactment of the Act mak7 ing appropriations for the National Aeronautics and

8 Space Administration for fiscal year 1996,

9 transmit to the Committee on Science of the House of

10 Representatives and the Committee on Commerce,

11 Science, and Transportation of the Senate an operating

12 plan which identifies which amounts will be transferred

13 pursuant to subsection (a).

14 (c) LIMITATION ON OBLIGATION AND EXPENDI15 TURE.—None of the funds authorized by subsection (a)

16 shall be available for obligation or expenditure until—

17 (1) the National Academy of Sciences has con18 ducted a comprehensive review of the Mission to

19 Planet Earth program as part of its study of the

20 United States Global Change Research Program;

21 (2) the Administrator has reported to the Com22 mittee on Science of the House of Representatives

23 and the Committee on Commerce, Science, and

24 Transportation of the Senate a plan for implement-
37

•HR 2405 EH

1 ing the study’s recommendations and a formal re2 quest for all or part of such funds; and

3 (3) 90 legislative days have passed after the re4 port is transmitted under paragraph (2).

5 SEC. 217. LIMITED AVAILABILITY.

6 Nothing in this title shall interfere with the rights

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

8 preclude the Consortium for International Earth Science

9 Information Network from receiving a contract awarded

10 following a full and open competition.

11 CHAPTER 2—RESTRUCTURING THE NA12 TIONAL AERONAUTICS AND SPACE AD13 MINISTRATION

14 SEC. 221. FINDINGS.

15 The Congress finds that—

16 (1) the restructuring of the National Aero17 nautics and Space Administration is essential to ac18 complishing the space missions of the United States

19 while simultaneously balancing the Federal budget;

20 (2) to restructure the National Aeronautics and

21 Space Administration rapidly without reducing mis22 sion content and safety requires objective financial

23 judgment;

24 (3) no effort has been undertaken by the Na25 tional Aeronautics and Space Administration to per-
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•HR 2405 EH

1 form a formal economic review of its missions and

2 the Federal assets that support them;

3 (4) therefore it is premature and unwarranted

4 to attempt closing any National Aeronautics and

5 Space Administration field center until an asset6 based review of United States space missions and

7 capabilities to support them is performed; and

8 (5) cost savings from the closing of National

9 Aeronautics and Space Administration field centers

10 are speculative and potentially injurious to mission

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

12 SEC. 222. ASSET-BASED REVIEW.

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

14 days after the date of the enactment of this Act, the Ad15 ministrator shall publish in the Commerce Business Daily

16 a request for proposals to perform a National Aeronautics

17 and Space Administration asset-based review.

18 (b) QUALIFIED PROPOSALS.—Qualified proposals to

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

20 from United States persons whose primary business is cor21 porate financial strategy, investment banking, accounting,

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

23 propose to review, for each capital asset owned by the Na24 tional Aeronautics and Space Administration—
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•HR 2405 EH

1 (1) its primary function or purpose in relation2 ship to a program, mission, or activity of the Na3 tional Aeronautics and Space Administration;

4 (2) the existence of other capital assets which

5 duplicate or overlap with such function or purpose;

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

7 and

8 (4) its necessity to carry out a program, mis9 sion, or activity of the National Aeronautics and

10 Space Administration.

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

12 asset-based review under this section shall complete such

13 review and transmit to the Administrator and the Con14 gress, no later than July 31, 1996, a report containing,

15 at a minimum—

16 (1) for each National Aeronautics and Space

17 Administration field center facility—

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

19 permanently retired or disposed of;

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

21 transferred to non-Federal institutions and cor22 porations, if the transfer of such asset is cost

23 effective; and

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

25 conduct of National Aeronautics and Space Ad-
40

•HR 2405 EH

1 ministration programs, missions, or activities,

2 and a justification for retaining the asset;

3 (2) for each National Aeronautics and Space

4 Administration program element—

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

6 conduct of the program element; and

7 (B) a plan for achieving the most cost-ef8 fective consolidation and efficient use of nec9 essary capital assets to support such program

10 element, including the use of non-Federal assets

11 where appropriate; and

12 (3) for each National Aeronautics and Space

13 Administration capital asset—

14 (A) the total annual cost of maintaining

15 and operating such capital asset, including Fed16 eral employee and contractor costs;

17 (B) the depreciated cost, replacement cost,

18 and salvage value; and

19 (C) the most cost-effective strategy for

20 maintaining, replacing, upgrading, or disposing

21 of the capital asset, as appropriate.

22 (d) IMPLEMENTATION.—The Administrator shall

23 consider the results of the asset-based review conducted

24 under this section, and based on the Administrator’s rec25 ommendations, the President shall propose to Congress
41

•HR 2405 EH

1 legislation required to implement those recommendations

2 no later than September 30, 1996.

3 (e) CLOSING OF FIELD CENTERS.—The Adminis4 trator shall not close any National Aeronautics and Space

5 Administration field center until after the asset-based re6 view report is transmitted under subsection (c), and may

7 only close field centers that would become obsolete as a

8 result of the implementation of the Administrator’s rec9 ommendations, and may do so only after enactment of leg10 islation implementing those recommendations.

11 CHAPTER 3—LIMITATIONS AND SPECIAL

12 AUTHORITY

13 SEC. 231. USE OF FUNDS FOR CONSTRUCTION.

14 (a) AUTHORIZED USES.—Funds appropriated under

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

16 appropriated for research operations support under sec17 tion 213(4), may be used for the construction of new fa18 cilities and additions to, repair of, rehabilitation of, or

19 modification of existing facilities at any location in support

20 of the purposes for which such funds are authorized.

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

22 subsection (a) may be expended for a project, the esti23 mated cost of which to the National Aeronautics and

24 Space Administration, including collateral equipment, ex25 ceeds $500,000, until 30 days have passed after the Ad-
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1 ministrator has notified the Committee on Science of the

2 House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate of the

4 nature, location, and estimated cost to the National Aero5 nautics and Space Administration of such project.

6 (c) TITLE TO FACILITIES.—If funds are used pursu7 ant to subsection (a) for grants to institutions of higher

8 education, or to nonprofit organizations whose primary

9 purpose is the conduct of scientific research, for purchase

10 or construction of additional research facilities, title to

11 such facilities shall be vested in the United States unless

12 the Administrator determines that the national program

13 of aeronautical and space activities will best be served by

14 vesting title in the grantee institution or organization.

15 Each such grant shall be made under such conditions as

16 the Administrator shall determine to be required to ensure

17 that the United States will receive therefrom benefits ade18 quate to justify the making of that grant.

19 SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.

20 To the extent provided in appropriations Acts, appro21 priations authorized under chapter 1 may remain available

22 without fiscal year limitation.
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1 SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FA2 CILITIES.

3 (a) IN GENERAL.—Appropriations authorized under

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

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

6 discretion of the Administrator; or

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

8 meet unusual cost variations, after the expiration of

9 15 days following a report on the circumstances of

10 such action by the Administrator to the Committee

11 on Science of the House of Representatives and the

12 Committee on Commerce, Science, and Transpor13 tation of the Senate.

14 The aggregate amount authorized to be appropriated

15 under sections 211(b), 212(b) and 213(3) shall not be in16 creased as a result of actions authorized under paragraphs

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

18 (b) SPECIAL RULE.—Where the Administrator deter19 mines that new developments in the national program of

20 aeronautical and space activities have occurred; and that

21 such developments require the use of additional funds for

22 the purposes of construction, expansion, or modification

23 of facilities at any location; and that deferral of such ac24 tion until the enactment of the next National Aeronautics

25 and Space Administration Authorization Act would be in26 consistent with the interest of the Nation in aeronautical
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•HR 2405 EH

1 and space activities, the Administrator may use up to

2 $10,000,000 of the amounts authorized under section

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

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

5 of 30 days has passed after the Administrator has trans6 mitted to the Committee on Commerce, Science, and

7 Transportation of the Senate and the Committee on

8 Science of the House of Representatives a written report

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

10 the reasons therefor.

11 SEC. 234. CONSIDERATION BY COMMITTEES.

12 Notwithstanding any other provision of law—

13 (1) no amount appropriated to the National

14 Aeronautics and Space Administration may be used

15 for any program for which the President’s annual

16 budget request included a request for funding, but

17 for which the Congress denied or did not provide

18 funding;

19 (2) no amount appropriated to the National

20 Aeronautics and Space Administration may be used

21 for any program in excess of the amount actually

22 authorized for the particular program by October 1;

23 and

24 (3) no amount appropriated to the National

25 Aeronautics and Space Administration may be used
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•HR 2405 EH

1 for any program which has not been presented to

2 the Congress in the President’s annual budget re3 quest or the supporting and ancillary documents

4 thereto,

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

6 by the Committee on Science of the House of Representa7 tives and the Committee on Commerce, Science, and

8 Transportation of the Senate of notice given by the Ad9 ministrator containing a full and complete statement of

10 the action proposed to be taken and the facts and cir11 cumstances relied upon in support of such proposed ac12 tion. The National Aeronautics and Space Administration

13 shall keep the Committee on Science of the House of Rep14 resentatives and the Committee on Commerce, Science,

15 and Transportation of the Senate fully and currently in16 formed with respect to all activities and responsibilities

17 within the jurisdiction of those committees. Except as oth18 erwise provided by law, any Federal department, agency,

19 or independent establishment shall furnish any informa20 tion requested by either committee relating to any such

21 activity or responsibility.

22 SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED

23 APPROPRIATIONS.

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

25 after the later of the date of enactment of an Act making
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1 appropriations to the National Aeronautics and Space Ad2 ministration for fiscal year 1996 and the date of enact3 ment of this Act, the Administrator shall submit a report

4 to Congress and to the Comptroller General which speci5 fies—

6 (1) the portion of such appropriations which are

7 for programs, projects, or activities not authorized

8 under chapter 1 of this subtitle, or which are in ex9 cess of amounts authorized for the relevant program,

10 project, or activity under this title; and

11 (2) the portion of such appropriations which are

12 authorized under this title.

13 (b) FEDERAL REGISTER NOTICE.—The Adminis14 trator shall, coincident with the submission of the report

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

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

17 funds are appropriated but which were not authorized

18 under this title, and solicit public comment thereon re19 garding the impact of such programs, projects, or activi20 ties on the conduct and effectiveness of the national aero21 nautics and space program.

22 (c) LIMITATION.—Notwithstanding any other provi23 sion of law, no funds may be obligated for any programs,

24 projects, or activities of the National Aeronautics and

25 Space Administration for fiscal year 1996 not authorized
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•HR 2405 EH

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

2 of the public comment period contained in the notice re3 quired in subsection (b).

4 SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

5 OR EXTRAORDINARY EXPENSES.

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

7 under section 212 may be used for scientific consultations

8 or extraordinary expenses, upon the authority of the Ad9 ministrator.

10 SEC. 237. LIMITATION ON TRANSFERS TO RUSSIA.

11 (a) LIMITATION.—No funds authorized to be appro12 priated to the National Aeronautics and Space Adminis13 tration for fiscal year 1996 may be paid or otherwise

14 transferred to Russia unless—

15 (1) the payment or transfer is authorized by

16 this title;

17 (2) the payment or transfer is made in ex18 change for goods or services that have been provided

19 to the National Aeronautics and Space Administra20 tion in accordance with a written agreement between

21 the National Aeronautics and Space Administration

22 and Russia;

23 (3) the Government of the Russian Federation

24 agrees to provide a monthly report to the National

25 Aeronautics and Space Administration during the
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•HR 2405 EH

1 term of such written agreement, that fully accounts

2 for the disposition of the funds paid or transferred,

3 including information with respect to the preceding

4 month on—

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

6 the date of receipt;

7 (B) the amount of the funds converted

8 from United States currency, the currency into

9 which the funds have been converted, and the

10 date and rate of conversion;

11 (C) the amount of non-United States cur12 rency, and of United States currency, that is

13 disbursed to any contractor or subcontractor,

14 the identity of such contractor or subcontractor,

15 and the date of disbursement; and

16 (D) the balance of the funds not disbursed

17 as of the date of the report;

18 (4) Russia has provided all monthly reports

19 with respect to which an agreement was made pur20 suant to paragraph (3); and

21 (5) the President, before such payment or

22 transfer and annually upon submission of the Presi23 dent’s budget request for fiscal years after fiscal

24 year 1996, has certified to the Congress that—
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1 (A) the presence of any troops of the Rus2 sian Federation or the Commonwealth of Inde3 pendent States; and

4 (B) any action by the Russian Federation

5 or the Commonwealth of Independent States, in

6 Estonia, Latvia, Lithuania, or any other inde7 pendent state of the former Soviet Union do not

8 violate the sovereignty of those independent

9 states.

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

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

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

13 instrumentality of the Government of the Russian Federa14 tion or the Russian Space Agency.

15 Subtitle C—Miscellaneous

16 Provisions

17 SEC. 241. COMMERCIAL SPACE LAUNCH AMENDMENTS.

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

19 States Code, is amended—

20 (1) in the table of sections—

21 (A) by amending the item relating to sec22 tion 70104 to read as follows:

‘‘70104. Restrictions on launches, operations, and reentries.’’;
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1 (B) by amending the item relating to sec2 tion 70108 to read as follows:

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

and reentry sites, and reentries.’’;

3 and

4 (C) by amending the item relating to sec5 tion 70109 to read as follows:

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

6 (2) in section 70101—

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

8 after ‘‘information services,’’ in subsection

9 (a)(3);

10 (B) by inserting ‘‘, reentry,’’ after ‘‘launch11 ing’’ both places it appears in subsection (a)(4);

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

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

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

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

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

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

18 (a)(7);

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

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

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

22 after ‘‘launch services’’ in subsection (a)(8);
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1 (H) by inserting ‘‘reentry sites,’’ after

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

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

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

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

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

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

8 (b)(2)(A);

9 (L) by inserting ‘‘and reentry’’ after ‘‘com10 mercial launch’’ in subsection (b)(3);

11 (M) by striking ‘‘launch’’ after ‘‘and trans12 fer commercial’’ in subsection (b)(3); and

13 (N) by inserting ‘‘and development of re14 entry sites,’’ after ‘‘launch-site support facili15 ties,’’ in subsection (b)(4);

16 (3) in section 70102—

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

18 any payload’’ in paragraph (3);

19 (B) by redesignating paragraphs (10)

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

21 respectively;

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

23 following new paragraphs:

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

25 attempt to return, purposefully, a reentry vehicle
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1 and its payload, if any, from Earth orbit, from exo2 atmospheric flight, or from outer space to Earth.

3 ‘‘(11) ‘reentry services’ means—

4 ‘‘(A) activities involved in the preparation

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

6 reentry; and

7 ‘‘(B) the conduct of a reentry.

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

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

10 defined in a license the Secretary issues or transfers

11 under this chapter).

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

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

14 or a reusable launch vehicle designed to return from

15 outer space or exo-atmospheric flight to Earth, sub16 stantially intact.’’; and

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

18 ‘‘launch services’’ each place it appears in para19 graph (15), as so redesignated by subparagraph

20 (B) of this paragraph;

21 (4) in section 70103(b)—

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

23 ‘‘LAUNCHES’’ in the subsection heading;

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

25 ‘‘space launches’’ in paragraph (1); and
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1 (C) by inserting ‘‘and reentry’’ after

2 ‘‘space launch’’ in paragraph (2);

3 (5) in section 70104—

4 (A) by amending the section designation

5 and heading to read as follows:

6 ‘‘§ 70104. Restrictions on launches, operations, and

7 reentries’’;

8 (B) by inserting ‘‘or reentry site, or reen9 ter a reentry vehicle,’’ after ‘‘operate a launch

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

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

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

13 (D) in subsection (b)—

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

15 inserting in lieu thereof ‘‘license’’;

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

17 ‘‘may launch’’; and

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

19 ‘‘related to launching’’; and

20 (E) in subsection (c)—

21 (i) by amending the subsection head22 ing to read as follows: ‘‘PREVENTING

23 LAUNCHES AND REENTRIES.—’’;

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

25 ‘‘prevent the launch’’; and
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1 (iii) by inserting ‘‘or reentry’’ after

2 ‘‘decides the launch’’;

3 (6) in section 70105—

4 (A) by inserting ‘‘or reentry site, or re5 entry of a reentry vehicle,’’ after ‘‘operation of

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

7 (B) by striking ‘‘or operation’’ and insert8 ing in lieu thereof ‘‘, operation, or reentry’’ in

9 subsection (b)(2)(A);

10 (7) in section 70106(a)—

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

12 ‘‘observer at a launch site’’; and

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

14 ‘‘assemble a launch vehicle’’;

15 (8) in section 70108—

16 (A) by amending the section designation

17 and heading to read as follows:

18 ‘‘§ 70108. Prohibition, suspension, and end of

19 launches, operation of launch sites and

20 reentry sites, and reentries’’;

21 and

22 (B) in subsection (a)—

23 (i) by inserting ‘‘or reentry site, or re24 entry of a reentry vehicle,’’ after ‘‘oper25 ation of a launch site’’; and
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1 (ii) by inserting ‘‘or reentry’’ after

2 ‘‘launch or operation’’;

3 (9) in section 70109—

4 (A) by amending the section designation

5 and heading to read as follows:

6 ‘‘§ 70109. Preemption of scheduled launches or reen7 tries’’;

8 (B) in subsection (a)—

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

10 ‘‘ensure that a launch’’;

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

12 ‘‘United States Government launch site’’;

13 (iii) by inserting ‘‘or reentry date

14 commitment’’ after ‘‘launch date commit15 ment’’;

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

17 ‘‘obtained for a launch’’;

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

19 ‘‘access to a launch site’’;

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

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

22 services’’; and

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

24 ‘‘the scheduled launch’’; and
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1 (C) in subsection (c), by inserting ‘‘or re2 entry’’ after ‘‘prompt launching’’;

3 (10) in section 70110—

4 (A) by inserting ‘‘or reentry’’ after ‘‘pre5 vent the launch’’ in subsection (a)(2); and

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

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

9 (11) in section 70111—

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

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

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

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

14 (C) by inserting ‘‘or reentry’’ after ‘‘com15 mercial launch’’ both places it appears in sub16 section (b)(1);

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

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

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

20 in subsection (d) and inserting in lieu thereof

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

22 launch or reentry’’; and

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

24 ‘‘manufacturer of the launch vehicle’’ in sub25 section (d);
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1 (12) in section 70112—

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

3 launch’’ in subsection (a)(3);

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

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

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

7 ‘‘launch services’’ each place it appears in sub8 section (b);

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

10 in subsection (d)(1);

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

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

13 and

14 (F) by inserting ‘‘or reentry site or a re15 entry’’ after ‘‘launch site’’ in subsection (e);

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

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

18 place it appears;

19 (14) in section 70115(b)(1)(D)(i)—

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

21 ‘‘launch site,’’; and

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

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

24 (15) in section 70117—
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1 (A) by inserting ‘‘or reentry site or reenter

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

3 in subsection (a);

4 (B) by inserting ‘‘or reentry’’ after ‘‘ap5 proval of a space launch’’ in subsection (d);

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

7 follows:

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

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

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

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

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

13 (D) in subsection (g)—

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

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

16 and inserting in lieu thereof ‘‘reentry, op17 eration of a launch vehicle or reentry vehi18 cle, or operation of a launch site or reentry

19 site,’’;

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

21 paragraph (1);

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

23 ‘‘launch,’’ in paragraph (2);
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1 (iv) by striking the period at the end

2 of paragraph (2) and inserting in lieu

3 thereof ‘‘; or’’; and

4 (v) by adding at the end the following

5 new paragraph:

6 ‘‘(3) any amateur and similar small rocket ac7 tivities, as defined by the Secretary by regulation.’’;

8 and

9 (16) in section 70119, by inserting the follow10 ing after paragraph (2):

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

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

13 fiscal year 1996. None of the funds authorized by this sec14 tion may be expended for policy development or analysis

15 activities not directly related to the Secretary’s regulatory

16 responsibilities under this chapter.’’.

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

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

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

20 apply’’ in subsection (a);

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

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

23 lieu thereof ‘‘accepting an application in accordance

24 with criteria established pursuant to subsection

25 (b)(2)(D)’’;
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1 (C) by adding at the end of subsection (a) the

2 following new paragraph:

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

4 may establish procedures for certification of the safety of

5 a launch vehicle, reentry vehicle, or safety system, proce6 dure, service, or personnel that may be used in conducting

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

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

9 (b)(2)(B);

10 (E) by striking the period at the end of sub11 section (b)(2)(C) and inserting in lieu thereof ‘‘;

12 and’’;

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

14 the following new subparagraph:

15 ‘‘(D) regulations establishing criteria for ac16 cepting or rejecting an application for a license

17 under this chapter within 60 days after receipt of

18 such application.’’; and

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

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

21 (b)(3).

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

23 take effect upon the effective date of final regulations is24 sued pursuant to section 70105(b)(2)(D) of title 49,
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1 United States Code, as added by paragraph (1)(F) of this

2 subsection.

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

4 is amended—

5 (A) by redesignating subparagraphs (A) and

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

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

8 redesignated by subparagraph (A) of this paragraph,

9 the following new subparagraph:

10 ‘‘(A) activities directly related to the prep11 aration of a launch site or payload facility for

12 one or more launches;’’.

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

14 is amended—

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

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

17 ‘‘AND STATE SPONSORED SPACEPORTS’’ after ‘‘AND

18 REENTRIES’’; and

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

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

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

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

23 amended by inserting at the end the following: ‘‘The Sec24 retary shall submit to the Committee on Science of the

25 House of Representatives and the Committee on Com-
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1 merce, Science, and Transportation of the Senate a writ2 ten notice not later than 7 days after any occurrence when

3 a license is not issued within the deadline established by

4 this subsection.’’.

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

6 is amended—

7 (A) in subsection (a)(1), by inserting after sub8 paragraph (B) the following:

9 ‘‘The Secretary shall establish criteria and procedures for

10 determining the priority of competing requests from the

11 private sector and State governments for property and

12 services under this section.’’;

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

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

15 only’’; and

16 (C) by inserting after subsection (b)(2) the fol17 lowing new paragraph:

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

19 uniform guidelines for, and consistent implementation of,

20 this section by all Federal agencies.’’.

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

22 is amended—

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

24 reentry, or site operator’’ after ‘‘(1) When a’’;
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1 (B) in subsection (b)(1), by inserting ‘‘launch,

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

3 (C) in subsection (f), by inserting ‘‘launch, re4 entry, or site operator’’ after ‘‘carried out under a’’.

5 SEC. 242. OFFICE OF AIR AND SPACE COMMERCIALIZATION

6 AUTHORIZATION.

7 There are authorized to be appropriated to the Sec8 retary of Commerce for the activities of the Office of Air

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

10 1996.

11 SEC. 243. REQUIREMENT FOR INDEPENDENT COST ANALY12 SIS.

13 The Chief Financial Officer for the National Aero14 nautics and Space Administration shall be responsible for

15 conducting independent cost analyses of all new projects

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

17 the results annually to Congress at the time of the submis18 sion of the President’s budget request. In developing cost

19 accounting and reporting standards for carrying out this

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

21 practicable and consistent with other laws, solicit the ad22 vice of expertise outside of the National Aeronautics and

23 Space Administration.
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1 SEC. 244. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

2 AMENDMENTS.

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

5 1958 (42 U.S.C. 2451) is amended—

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

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

8 through (g), respectively; and

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

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

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

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

13 the National Aeronautics and Space Act of 1958 (42

14 U.S.C. 2476(a)) is amended—

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

16 thereof ‘‘May’’; and

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

18 thereof ‘‘fiscal’’.

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

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

21 U.S.C. 2454) is amended—

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

23 after ‘‘subsection (b)’’; and

24 (2) by adding at the end the following new sub25 section:
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1 ‘‘(c)(1) The Administrator, on the request of a pri2 vate sector entity, shall delay for a period of at least one

3 day, but not to exceed 5 years, the unrestricted public dis4 closure of technical data in the possession of, or under

5 the control of, the Administration that has been generated

6 in the performance of experimental, developmental, or re7 search activities or programs funded jointly by the Admin8 istration and such private sector entity.

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

10 of the National Aeronautics and Space Administration Au11 thorization Act, Fiscal Year 1996, the Administrator shall

12 issue regulations to carry out this subsection. Paragraph

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

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

15 shall include—

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

17 data is technical data within the meaning of this

18 subsection;

19 ‘‘(B) 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 ‘‘(C) 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) The Administrator shall annually report to the

20 Congress all determinations made under paragraph (1).

21 ‘‘(6) For purposes of this subsection, the term ‘tech22 nical data’ means any recorded information, including

23 computer software, that is or may be directly applicable

24 to the design, engineering, development, production, man25 ufacture, or operation of products or processes that may
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1 have significant value in maintaining leadership or com2 petitiveness in civil and governmental aeronautical and

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

4 SEC. 245 PROCUREMENT.

5 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

6 (1) IN GENERAL.—The Administrator shall es7 tablish within the Office of Space Access and Tech8 nology a program of expedited technology procure9 ment for the purpose of demonstrating how innova10 tive technology concepts can rapidly be brought to

11 bear upon space missions of the National Aero12 nautics and Space Administration.

13 (2) PROCEDURES AND EVALUATION.—The Ad14 ministrator shall establish procedures for actively

15 seeking from persons outside the National Aero16 nautics and Space Administration innovative tech17 nology concepts, relating to the provision of space

18 hardware, technology, or service to the National Aer19 onautics and Space Administration, and for the eval20 uation of such concepts by the National Aeronautics

21 and Space Administration’s Advisory Council against

22 mission requirements.

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

24 amounts authorized to be appropriated under section

25 212(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 ON 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.

24 (e) SAFE OPERATION.—In reviewing proposals for

25 moving to a single prime contractor the Administrator
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1 shall give priority to continued safe operation of space

2 transportation systems.

3 SEC. 250. AERONAUTICAL RESEARCH AND TECHNOLOGY

4 FACILITIES.

5 Notwithstanding any other provision of law, no funds

6 may be obligated for fiscal year 1996 for Aeronautical Re7 search and Technology programs of the National Aero8 nautics and Space Administration in excess of amounts

9 authorized by this title, except to the extent that the Ad10 ministrator receives from non-Federal sources full reim11 bursement of such excess amounts through payment of

12 costs associated with research at the aeronautical research

13 and technology facilities of the National Aeronautics and

14 Space Administration.

15 SEC. 251. LAUNCH VOUCHER DEMONSTRATION PROGRAM

16 AMENDMENTS.

17 Section 504 of the National Aeronautics and Space

18 Administration Authorization Act, Fiscal Year 1993 (15

19 U.S.C. 5803) is amended—

20 (1) in subsection (a)—

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

22 Programs within’’; and

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

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

25 (2) by striking subsection (c); and
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1 (3) by redesignating subsections (d) and (e) as

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

3 SEC. 252. PRIVATIZATION OF MICROGRAVITY PARABOLIC

4 FLIGHT OPERATIONS.

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

6 security or mission critical justification exists for the Na7 tional Aeronautics and Space Administration to maintain

8 its own fleet of aircraft to provide a short duration micro9 gravity environment via parabolic flight.

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

11 The Administrator shall privatize all parabolic flight air12 craft operations conducted by or for the National Aero13 nautics and Space Administration in support of micro14 gravity research, astronaut training, and other functions,

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

16 block purchase contracts for the performance of such oper17 ations by United States private sectors providers.

18 (2) Within 60 days after the date of the enactment

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

20 proposals to provide services which meet the microgravity

21 flight needs of the National Aeronautics and Space Ad22 ministration, as described in paragraph (1). The Adminis23 trator shall coordinate the process of review of such pro24 posals, and shall oversee the transfer of such operations

25 to the private sector as specified in paragraph (3).
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1 (3) Within 6 months after the issuance of a request

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

3 award one or more contracts for microgravity parabolic

4 flight services to a microgravity flight provider certified

5 by the Federal Aviation Administration, and, except as

6 provided in paragraph (4), shall cease all National Aero7 nautics and Space Administration-operated parabolic air8 craft flights, and shall thereafter procure all microgravity

9 parabolic flight services from private sector providers. Na10 tional Aeronautics and Space Administration experi11 menters, and National Aeronautics and Space Administra12 tion-funded experimenters, who would otherwise use Na13 tional Aeronautics and Space Administration-owned or op14 erated microgravity parabolic flight aircraft, shall be is15 sued vouchers for the procurement of microgravity

16 parabolic flight services from the private sector.

17 (4) The Administrator may, as necessary to ensure

18 the continuity of National Aeronautics and Space Admin19 istration operations, continue to operate parabolic aircraft

20 flights for up to 3 months after a contract is awarded

21 under paragraph (3). If the Administrator continues oper22 ations pursuant to this paragraph, the Administrator shall

23 concurrently transmit to the Congress an explanation of

24 the reasons for such action.
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1 (5) Six months after the National Aeronautics and

2 Space Administration ceases all parabolic aircraft flights

3 under paragraph (3), the Administrator shall transmit a

4 report to Congress on the effectiveness of privatization

5 under this section.

6 SEC. 253. ELIGIBILITY FOR AWARDS.

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

8 from consideration for awards of financial assistance made

9 by the National Aeronautics and Space Administration

10 after fiscal year 1995 any person who received funds,

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

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

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

14 competitive, merit-based award process. Any exclusion

15 from consideration pursuant to this section shall be effec16 tive for a period of 5 years after the person receives such

17 Federal funds.

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

19 awards to persons who are members of a class specified

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

21 class according to a formula provided by law.

22 SEC. 254. PROHIBITION OF LOBBYING ACTIVITIES.

23 None of the funds authorized by this title shall be

24 available for any activity whose purpose is to influence leg25 islation pending before the Congress, except that this shall
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1 not prevent officers or employees of the United States or

2 of its departments or agencies from communicating to

3 Members of Congress on the request of any Member or

4 to Congress, through the proper channels, requests for leg5 islation or appropriations which they deem necessary for

6 the efficient conduct of the public business.

7 SEC. 255. LIMITATION ON APPROPRIATIONS.

8 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

9 1996.—Notwithstanding any other provision of law, no

10 sums are authorized to be appropriated for fiscal year

11 1996 for the activities for which sums are authorized by

12 this title unless such sums are specifically authorized to

13 be appropriated by this title.

14 (b) SUBSEQUENT FISCAL YEARS.—No sums are au15 thorized to be appropriated for any fiscal year after fiscal

16 year 1996 for the activities for which sums are authorized

17 by this title unless such sums are specifically authorized

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

19 fiscal year.

20 SEC. 256. UNITARY WIND TUNNEL PLAN ACT OF 1949

21 AMENDMENTS.

22 The Unitary Wind Tunnel Plan Act of 1949 is

23 amended—
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1 (1) in section 101 (50 U.S.C. 511) by striking

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

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

4 (2) in section 103 (50 U.S.C. 513)—

5 (A) by striking ‘‘laboratories’’ in sub6 section (a) and inserting in lieu thereof ‘‘labora7 tories and centers’’;

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

9 (a) and inserting in lieu thereof ‘‘transonic, su10 personic, and hypersonic’’; and

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

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

13 SEC. 257. USE OF ABANDONED AND UNDERUTILIZED

14 BUILDINGS, GROUNDS, AND FACILITIES.

15 (a) IN GENERAL.—In meeting the needs of the Na16 tional Aeronautics and Space Administration for addi17 tional facilities, the Administrator, whenever feasible, shall

18 select abandoned and underutilized buildings, grounds,

19 and facilities in depressed communities that can be con20 verted to National Aeronautics and Space Administration

21 facilities at a reasonable cost, as determined by the Ad22 ministrator.

23 (b) DEFINITIONS.—For purposes of this section, the

24 term ‘‘depressed communities’’ means rural and urban

25 communities that are relatively depressed, in terms of age
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1 of housing, extent of poverty, growth of per capita income,

2 extent of unemployment, job lag, or surplus labor.

3 TITLE III—DEPARTMENT OF

4 ENERGY

5 SEC. 301. SHORT TITLE.

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

7 Civilian Research and Development Act of 1995’’.

8 SEC. 302. DEFINITIONS.

9 For purposes of this title—

10 (1) the term ‘‘CERN’’ means the European Or11 ganization for Nuclear Research;

12 (2) the term ‘‘Department’’ means the Depart13 ment of Energy;

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

15 means the Large Hadron Collider project at CERN;

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

17 means a civilian development, demonstration, or

18 commercial application protect whose construction

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

20 life of the project;

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

22 of Energy;

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

24 means a civilian research, development, demonstra25 tion, or commercial application project whose con-
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1 struction costs are estimated to exceed $10,000,000,

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

3 project; and

4 (7) the term ‘‘substantial equipment acquisi5 tion’’ means the acquisition of civilian research, de6 velopment, demonstration, or commercial application

7 equipment at a cost estimated to exceed

8 $10,000,000 for the entire acquisition.

9 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

10 (a) ENERGY SUPPLY RESEARCH AND DEVELOPMENT

11 ACTIVITIES.—There are authorized to be appropriated to

12 the Secretary for fiscal year 1996 for Energy Supply Re13 search and Development operating, capital equipment, and

14 construction the following amounts:

15 (1) Solar and Renewable Energy,

16 $235,451,000, of which—

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

18 and capital equipment; and

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

20 Project GP–C–002, General Plant Projects, Na21 tional Renewable Energy Laboratory.

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

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

24 and capital equipment, including, subject to sec-
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1 tion 304(c), $14,000,000 for the AP600 light

2 water reactor;

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

4 Project GPN–102, General Plant Projects, Ar5 gonne National Laboratory-West, Idaho; and

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

7 construction of Project 95–E–207, Modifica8 tions to Reactors, Experimental Breeder Reac9 tor–II, Sodium Processing Facility, Argonne

10 National Laboratory-West, Idaho.

11 (3) Environment, Safety, and Health,

12 $128,433,000 for operating and capital equipment.

13 (4) Biological and Environmental Research,

14 $369,645,000, of which—

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

16 and capital equipment;

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

18 Project GPE–120, General Plant Projects, Var19 ious Locations;

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

21 Project 94–E–339, Human Genome Labora22 tory, Lawrence Berkeley Laboratory;

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

24 construction of Project 94–E–338, Structural

25 Biology Facility, Argonne National Laboratory;
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1 (E) $2,600,000 shall be for completion of

2 construction of Project 94–E–337, ALS Struc3 tural Biology Support Facilities, Lawrence

4 Berkeley Laboratory; and

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

6 of Project 91–EM–100, Environmental Molecu7 lar Sciences Laboratory, Pacific Northwest

8 Laboratory.

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

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

11 and capital equipment for Magnetic Fusion En12 ergy;

13 (B) $4,800,000 shall be for operating and

14 capital equipment for Inertial Fusion Energy;

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

16 Project GPE–900, General Plant Projects, Var17 ious Locations; and

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

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

20 Berkeley Laboratory.

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

22 which—

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

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

25 for the Scientific Facilities Initiative;
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1 (B) $4,500,000 shall be for construction of

2 Project GPE–400, General Plant Projects, Var3 ious Locations;

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

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

6 Improvements and Modifications;

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

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

9 Synchrotron Radiation Source, Argonne Na10 tional Laboratory; and

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

12 Project 87–R–405, Combustion Research Facil13 ity, Phase II, Sandia National Laboratories14 Livermore.

15 (7) Advisory and Oversight Program Direction,

16 $6,200,000 for operating.

17 (8) Policy and Management—Energy Research,

18 $2,200,000 for operating.

19 (9) Multiprogram Energy Laboratories—Facili20 ties Support—

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

22 capital equipment;

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

24 Project GPE–801, General Plant Projects, Var25 ious Locations;
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1 (C) $8,740,000 shall be for construction of

2 Project 95–E–310, Multiprogram Laboratory

3 Rehabilitation, Phase 1, Pacific Northwest Lab4 oratory;

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

6 Project 95–E–303, Electrical Safety Rehabilita7 tion, Pacific Northwest Laboratory;

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

9 construction of Project 95–E–302, Applied

10 Science Center, Phase 1, Brookhaven National

11 Laboratory;

12 (F) $2,500,000 shall be for construction of

13 Project 95–E–301, Central Heating Plant Re14 habilitation, Phase 1, Argonne National Lab15 oratory;

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

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

18 Ridge National Laboratory;

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

20 construction of Project 94–E–351, Fuel Stor21 age and Transfer Facility Upgrade, Brookhaven

22 National Laboratory;

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

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

25 Brookhaven National Laboratory;
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1 (J) $2,400,000 shall be for completion of

2 construction of Project 96–E–331, Sanitary

3 Sewer Restoration, Phase I, Lawrence Berkeley

4 Laboratory;

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

6 Project 96–E–330, Building Electrical Service

7 Upgrade, Phase I, Argonne National Labora8 tory;

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

10 Project 95–E–309, Loss Prevention Upgrade11 Electrical Substations, Brookhaven National

12 Laboratory;

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

14 of Project 95–E–308, Sanitary System Modi15 fications, Phase II, Brookhaven National Lab16 oratory;

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

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

19 Phase III, Argonne National Laboratory;

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

21 construction of Project 93–E–324, Hazardous

22 Materials Safeguards, Phase I, Lawrence

23 Berkeley Laboratory;

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

25 construction of Project 93–E–323, Fire and
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1 Safety Systems Upgrade, Phase I, Lawrence

2 Berkeley Laboratory; and

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

4 Project 93–E–320, Fire and Safety Improve5 ments, Phase II, Argonne National Laboratory.

6 Notwithstanding subparagraphs (A) through (Q),

7 the total amount authorized under this paragraph

8 shall not exceed $39,327,000.

9 (10) Technical Information Management Pro10 gram, $14,394,000, of which—

11 (A) $12,894,000 shall be for operating and

12 capital equipment; and

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

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

15 Conditioning Retrofits, Oak Ridge.

16 (11) Environmental Management,

17 $644,197,000, of which—

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

19 and capital equipment;

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

21 construction of Project 92–E–601, Melton Val22 ley Liquid Low-Level Waste Collection and

23 Transfer System Upgrade, Oak Ridge National

24 Laboratory;
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1 (C) $4,000,000 shall be for construction of

2 Project 88–R–830, Bethel Valley Liquid Low3 Level Waste Collection and Transfer System

4 Upgrade, Oak Ridge National Laboratory;

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

6 Project GPN–103, Oak Ridge Landlord Gen7 eral Plant Projects;

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

9 Project GPN–102, Test Reactor Area Landlord

10 General Plant Projects, Idaho National Engi11 neering Laboratory;

12 (F) $1,900,000 shall be for construction of

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

14 Fire and Life Safety Improvements, Idaho Na15 tional Engineering Laboratory;

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

17 Project GPE–600, General Plant Projects,

18 Waste Management, Non-Defense, Various Lo19 cations;

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

21 Project 94–E–602, Bethel Valley Federal Facil22 ity Agreement Upgrades, Oak Ridge National

23 Laboratory;
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1 (I) $4,048,000 shall be for construction of

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

3 National Engineering Laboratory;

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

5 Project 91–E–602, Rehabilitation of Waste

6 Management Building 306, Argonne National

7 Laboratory; and

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

9 construction of Project 88–R–812, Hazardous

10 Waste Handling Facility, Lawrence Berkeley

11 Laboratory.

12 (b) GENERAL SCIENCE AND RESEARCH ACTIVI13 TIES.—There are authorized to be appropriated to the

14 Secretary for fiscal year 1996 for General Science and Re15 search Activities operating, capital equipment, and con16 struction the following amounts:

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

18 which—

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

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

21 for the Scientific Facilities Initiative;

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

23 of Project GPE–103, General Plant Projects,

24 Various Locations;
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1 (C) $9,800,000 shall be for construction of

2 Project 96–G–301, Accelerator Improvements

3 and Modifications, Various Locations;

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

5 of Project 94–G–305, B-Factory, Stanford Lin6 ear Accelerator Center; and

7 (E) $52,000,000 shall be for construction

8 of Project 92–G–302, Fermilab Main Injector,

9 Fermi National Accelerator Center.

10 (2) Nuclear Physics, $316,873,000, of which—

11 (A) $239,773,000 shall be for operating

12 and capital equipment, including $25,000,000

13 for the Scientific Facilities Initiative;

14 (B) $3,900,000 shall be for construction of

15 Project GPE–300, General Plant Project, Var16 ious Locations;

17 (C) $3,200,000 shall be for construction of

18 Project 96–G–302, Accelerator Improvements

19 and Modifications, Various Locations; and

20 (D) $70,000,000 shall be for construction

21 of Project 91–G–300, Relativistic Heavy Ion

22 Collider, Brookhaven National Laboratory.

23 (3) Program Direction, $9,500,000.

24 (c) FOSSIL ENERGY RESEARCH AND DEVELOP25 MENT.—There are authorized to be appropriated to the
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1 Secretary for fiscal year 1996 for Fossil Energy Research

2 and Development operating, capital equipment, and con3 struction the following amounts:

4 (1) Coal, $121,265,000 for operating.

5 (2) Oil Technology, $55,714,000 for operating.

6 (3) Gas, $112,186,000 for operating.

7 (4) Program Direction and Management Sup8 port, $66,597,000 for operating.

9 (5) Capital Equipment, $1,701,000.

10 (6) Construction of Project GPF–100, General

11 Plant Projects for Energy Technology Centers,

12 $2,304,000.

13 (7) Cooperative Research and Development,

14 $6,295,000.

15 (8) Fossil Energy Environmental Restoration,

16 $14,919,000.

17 (9) Fuels Conversion, Natural Gas, and Elec18 tricity, $2,687,000.

19 (d) ENERGY CONSERVATION RESEARCH AND DEVEL20 OPMENT.—There are authorized to be appropriated to the

21 Secretary for fiscal year 1996 for Energy Conservation

22 Research and Development operating and capital equip23 ment the following amounts:

24 (1) Buildings Sector, $88,645,000.

25 (2) Industry Sector, $109,518,000.
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1 (3) Transportation Sector, $176,568,000.

2 (4) Technical and Financial Assistance (Non3 Grants), $31,600,000.

4 (5) Policy and Management—Energy Conserva5 tion, $7,666,000.

6 (e) FISCAL YEAR 1997.—There are authorized to be

7 appropriated to the Secretary for fiscal year 1997 for op8 erating, capital equipment, and construction, the following

9 amounts:

10 (1) Energy Supply Research and Development

11 Activities, $2,600,000,000.

12 (2) General Science and Research Activities,

13 $950,000,000.

14 (3) Fossil Energy Research and Development,

15 $220,950,000.

16 (4) Energy Conservation Research and Develop17 ment, $230,120,000.

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) Clean Coal Technology Program.

5 (30) Buildings Sector Implementation and De6 ployment.

7 (31) Industry Sector Municipal Solid Wastes.

8 (32) Industry Sector Implementation and De9 ployment.

10 (33) Alternative Fuels Utilization.

11 (34) Transportation Sector Implementation and

12 Deployment.

13 (35) Utility Sector Integrated Resource Plan14 ning.

15 (36) International Market Development.

16 (37) Inventions and Innovation Program.

17 (38) Municipal Energy Management.

18 (39) Information and Communications.

19 (40) Gas Turbine-Modular Helium Reactor.

20 (b) PRIOR FISCAL YEAR OBLIGATION AND EXPENDI21 TURE.—No funds may be available for obligation or ex22 penditure with respect to the following:

23 (1) University of Nebraska Medical Center

24 Transplant Center.

25 (2) Oregon Health Sciences University.
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1 (c) LIGHT WATER REACTOR MATCHING FUNDS.—

2 Funds appropriated for the AP600 light water reactor

3 pursuant to section 303(a)(2)(A) shall be available only

4 to the extent that matching private sector funds are pro5 vided for such project, and subject to the condition that

6 such Federal funds shall be repaid to the United States

7 out of royalties on the first commercial sale of such reactor

8 design.

9 SEC. 305. LIMITATION ON APPROPRIATIONS.

10 (a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR

11 1996.—Notwithstanding any other provision of law, no

12 sums are authorized to be appropriated for fiscal year

13 1996 for the activities for which sums are authorized by

14 this title unless such sums are specifically authorized to

15 be appropriated by this title.

16 (b) SUBSEQUENT FISCAL YEARS.—No sums are au17 thorized to be appropriated for any fiscal year after fiscal

18 year 1996 for the activities for which sums are authorized

19 by this title unless such sums are specifically authorized

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

21 fiscal year.

22 SEC. 306. MERIT REVIEW REQUIREMENT FOR AWARDS OF

23 FINANCIAL ASSISTANCE.

24 (a) MERIT REVIEW REQUIREMENT.—The Secretary

25 may not award financial assistance to any person for civil-
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1 ian research, development, demonstration, or commercial

2 application activities, including related facility construc3 tion, unless an objective merit review process is used to

4 award the financial assistance.

5 (b) REQUIREMENT OF SPECIFIC MODIFICATION OF

6 MERIT REVIEW PROVISION.—

7 (1) IN GENERAL.—A provision of law may not

8 be construed as modifying or superseding subsection

9 (a), or as requiring that financial assistance be

10 awarded by the Secretary in a manner inconsistent

11 with subsection (a), unless such provision of law—

12 (A) specifically refers to this section;

13 (B) specifically that such provision of law

14 modifies or supersedes subsection (a); and

15 (C) specifically identifies the person to be

16 awarded the financial assistance and states that

17 the financial assistance to be awarded pursuant

18 to such provision of law is being awarded in a

19 manner inconsistent with subsection (a).

20 (2) NOTICE AND WAIT REQUIREMENT.—No fi21 nancial assistance may be awarded pursuant to a

22 provision of law that requires or authorizes the

23 award of the financial assistance in a manner incon24 sistent with subsection (a) until—
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1 (A) the Secretary submits to the Congress

2 a written notice of the Secretary’s intent to

3 award the financial assistance; and

4 (B) 180 days has elapsed after the date on

5 which the notice is received by the Congress.

6 (c) DEFINITIONS.—For purposes of this section:

7 (1) The term ‘‘objective merit review process’’

8 means a thorough, consistent, and independent ex9 amination of requests for financial assistance based

10 on preestablished criteria and scientific and technical

11 merit by persons knowledgeable in the field for

12 which the financial assistance is requested.

13 (2) The term ‘‘financial assistance’’ means the

14 transfer of funds or property to a recipient or sub15 recipient to accomplish a public purpose of support

16 or stimulation authorized by Federal law. Such term

17 includes grants, cooperative agreements, and

18 subawards but does not include cooperative research

19 and development agreements as defined in section

20 12(d)(1) of the Stevenson-Wydler Technology Inno21 vation Act of 1980 (15 U.S.C. 3710a(d)(1)), nor

22 any grant that calls upon the National Academy of

23 Sciences, the National Academy of Engineering, the

24 Institute of Medicine, or the National Academy of

25 Public Administration to investigate, examine, or ex-
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1 periment upon any subject of science or art and to

2 report on such matters to Congress or any agency

3 of the Federal Government.

4 SEC. 307. POLICY ON CAPITAL PROJECTS AND CONSTRUC5 TION.

6 (a) REQUIREMENT OF PRIOR AUTHORIZATION.—(1)

7 No funds are authorized to be appropriated to the Sec8 retary for any substantial construction project, substantial

9 equipment acquisition, or major construction project un10 less a report on such project or acquisition has been pro11 vided to Congress in accordance with subsection (b).

12 (2) The Secretary may not obligate any funds for any

13 substantial construction project, substantial equipment ac14 quisition, or major construction project unless such project

15 or acquisition has been specifically authorized by statute.

16 (3) This subsection may not be amended or modified

17 except by specific reference to this subsection.

18 (b) REPORTS TO CONGRESS.—(1) Within 180 days

19 after the date of the enactment of this Act, the Secretary

20 shall submit to the Congress a report that identifies all

21 construction projects and acquisitions of the Department

22 described in subsection (a) for which the preliminary de23 sign phase is completed but the construction or acquisition

24 is not completed. Such report shall include—
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1 (A) an estimate of the total cost of completion

2 of the construction project or acquisition, itemized

3 by individual activity and by fiscal year; and

4 (B) an identification of which construction

5 projects or acquisitions have not been specifically au6 thorized by statute.

7 The Secretary shall annually update and resubmit the re8 port required by this paragraph, as part of the report re9 quired under section 15 of the Federal Nonnuclear Energy

10 Research and Development Act of 1974 (42 U.S.C. 5914).

11 (2) The Secretary shall, after completion of the pre12 liminary design phase of a major construction project,

13 submit to the Congress a report containing—

14 (A) an estimate of the total cost of construction

15 of the facility;

16 (B) an estimate of the time required to com17 plete construction;

18 (C) an estimate of the annual operating costs of

19 the facility;

20 (D) the intended useful operating life of the fa21 cility; and

22 (E) an identification of any existing facilities to

23 be closed as a result of the operation of the facility.
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1 SEC. 308. FURTHER AUTHORIZATIONS.

2 Nothing in this title shall preclude further authoriza3 tion of appropriations for civilian research, development,

4 demonstration, and commercial application activities of

5 the Department of Energy for fiscal year 1996: Provided,

6 That authorization allocations adopted by the Conference

7 Committee on House Concurrent Resolution 67, and ap8 proved by Congress, allow for such further authorizations.

9 SEC. 309. HIGH ENERGY AND NUCLEAR PHYSICS.

10 (a) LARGE HADRON COLLIDER PROJECT.—

11 (1) NEGOTIATIONS.—The Secretary, in con12 sultation with the Director of the National Science

13 Foundation and the Secretary of State, shall enter

14 into negotiations with CERN concerning United

15 States participation in the planning and construction

16 of the Large Hadron Collider project, and shall en17 sure that any agreement incorporates provisions to

18 protect the United States investment in the project,

19 including provisions for—

20 (A) fair allocation of costs and benefits

21 among project participants;

22 (B) a limitation on the amount of United

23 States contribution to project construction and

24 an estimate of the United States contribution to

25 subsequent operating costs;
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1 (C) a cost and schedule control system for

2 the total project;

3 (D) a preliminary statement of costs and

4 the schedule for all component design, testing,

5 and fabrication, including technical, goals and

6 milestones, and a final statement of such costs

7 and schedule within 1 year after the date on

8 which the parties enter into the agreement;

9 (E) a preliminary statement of costs and

10 the schedule for total project construction and

11 operation, including technical goals and mile12 stones, and a final statement of such costs and

13 schedule within 1 year after the date on which

14 the parties enter into the agreement;

15 (F) reconsideration of the extent of United

16 States participation if technical or operational

17 milestones described in subparagraphs (D) and

18 (E) are not met, or if the project falls signifi19 cantly behind schedule;

20 (G) conditions of access for United States

21 and other scientists to the facility; and

22 (H) a process for addressing international

23 coordination and cost sharing on high energy

24 physics projects beyond the Large Hadron

25 Collider.
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1 (2) OTHER INTERNATIONAL NEGOTIATIONS.—

2 Nothing in this title shall be construed to preclude

3 the President from entering into negotiations with

4 respect to international science agreements.

5 (b) REPORT TO CONGRESS.—Before January 1,

6 1996, the Secretary, in consultation with the Director of

7 the National Science Foundation and with the high energy

8 and nuclear physics communities, shall prepare and trans9 mit to the Congress a strategic plan for the high energy

10 and nuclear physics activities of the Department, assum11 ing a combined budget of $950,000,000 for all activities

12 authorized under section 303(b) for fiscal year 1997, and

13 assuming a combined budget of $900,000,000 for all ac14 tivities authorized under section 303(b) for each of the

15 fiscal years 1998, 1999, and 2000. The report shall in16 clude—

17 (1) a list of research opportunities to be pur18 chased including both ongoing and proposed activi19 ties;

20 (2) an analysis of the relevance of each research

21 facility to the research opportunities listed under

22 paragraph (1);

23 (3) a statement of the optimal balance among

24 facility operations, construction, and research sup-
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1 port and the optimal balance between university and

2 laboratory research programs;

3 (4) schedules for the continuation, consolida4 tion, or termination of each research program, and

5 continuation, upgrade, transfer, or closure of each

6 research facility; and

7 (5) a statement by project of efforts to coordi8 nate research projects with the international commu9 nities to maximize the use of limited resources and

10 avoid unproductive duplication of efforts.

11 SEC. 310. PROHIBITION OF LOBBYING ACTIVITIES.

12 None of the funds authorized by this title shall be

13 available for any activity whose purpose is to influence leg14 islation pending before the Congress, except that this shall

15 not prevent officers or employees of the United States or

16 of its departments or agencies from communicating to

17 Members of Congress on the request of any Member or

18 to Congress, through the proper channels, requests for leg19 islation or appropriations which they deem necessary for

20 the efficient conduct of the public business.

21 SEC. 311. ELIGIBILITY FOR AWARDS.

22 (a) IN GENERAL.—The Secretary shall exclude from

23 consideration for awards of financial assistance made by

24 the Department after fiscal year 1995 any person who re25 ceived funds, other than those described in subsection (b),
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1 appropriated for a fiscal year after fiscal year 1995, from

2 any Federal funding source for a project that was not sub3 jected to a competitive, merit-based award process. Any

4 exclusion from consideration pursuant to this section shall

5 be effective for a period of 5 years after the person re6 ceives such Federal funds.

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

8 awards to persons who are members of a class specified

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

10 class according to a formula provided by law.

11 SEC. 312. TERMINATION COSTS.

12 Subject to further appropriations, unobligated funds

13 previously appropriated for the Clean Coal Technology

14 program may be used to pay costs associated with the ter15 mination of Energy Supply Research and Development,

16 General Science and Research, Fossil Energy Research

17 and Development, and Energy Conservation Research and

18 Development programs, projects, and activities of the De19 partment.

20 TITLE IV—NATIONAL OCEANIC

21 AND ATMOSPHERIC ADMINIS22 TRATION

23 SEC. 401. SHORT TITLE.

24 This title may be cited as the ‘‘National Oceanic and

25 Atmospheric Administration Authorization Act of 1995’’.
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1 SEC. 402. DEFINITIONS.

2 For the purposes of this title, the term—

3 (1) ‘‘Act of 1890’’ means the Act entitled ‘‘An

4 Act to increase the efficiency and reduce the ex5 penses of the Signal Corps of the Army, and to

6 transfer the Weather Bureau to the Department of

7 Agriculture’’, approved October 1, 1890 (26 Stat.

8 653);

9 (2) ‘‘Act of 1947’’ means the Act entitled ‘‘An

10 Act to define the functions and duties of the Coast

11 and Geodetic Survey, and for other purposes’’, ap12 proved August 6, 1947 (33 U.S.C. 883a et seq.);

13 (3) ‘‘Act of 1970’’ means the Act entitled ‘‘An

14 Act to clarify the status and benefits of commis15 sioned officers of the National Oceanic and Atmos16 pheric Administration, and for other purposes’’, ap17 proved December 31, 1970 (33 U.S.C. 857–1 et

18 seq.);

19 (4) ‘‘Administrator’’ means the Administrator

20 of the National Oceanic and Atmospheric Adminis21 tration; and

22 (5) ‘‘Secretary’’ means the Secretary of Com23 merce.
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1 Subtitle A—Atmospheric, Weather,

2 and Satellite Programs

3 SEC. 411. NATIONAL WEATHER SERVICE.

4 (a) OPERATIONS AND RESEARCH.—There are au5 thorized to be appropriated to the Secretary to enable the

6 National Oceanic and Atmospheric Administration to

7 carry out the operations and research duties of the Na8 tional Weather Service, $472,338,000 for fiscal year 1996.

9 Such duties include meteorological, hydrological, and

10 oceanographic public warnings and forecasts, as well as

11 applied research in support of such warnings and fore12 casts.

13 (b) SYSTEMS ACQUISITION.—There are authorized to

14 be appropriated to the Secretary to enable the National

15 Oceanic and Atmospheric Administration to carry out the

16 public warning and forecast systems duties of the National

17 Weather Service, $79,034,000 for fiscal year 1996. Such

18 duties include the development, acquisition, and imple19 mentation of major public warning and forecast systems.

20 None of the funds authorized under this subsection shall

21 be used for the purposes for which funds are authorized

22 under section 102(b) of the National Oceanic and Atmos23 pheric Administration Authorization Act of 1992 (Public

24 Law 102–567). None of the funds authorized by such sec-
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1 tion 102(b) shall be expended for a particular NEXRAD

2 installation unless—

3 (1) it is identified as a National Weather Serv4 ice NEXRAD installation in the National Implemen5 tation Plan for modernization of the National

6 Weather Service, required under section 703 of the

7 National Oceanic and Atmospheric Administration

8 Authorization Act of 1992 (Public Law 102–567);

9 or

10 (2) it is to be used only for spare parts, not as

11 an installation at a particular site.

12 (c) NEW NEXRAD INSTALLATIONS.—No funds may

13 be obligated for NEXRAD installations not identified in

14 the National Implementation Plan for 1996, unless the

15 Secretary certifies that such NEXRAD installations can

16 be acquired within the authorization of NEXRAD con17 tained in section 102(b) of the National Oceanic and At18 mospheric Administration Authorization Act of 1992.

19 (d) ASOS PROGRAM AUTHORIZATION.—Of the sums

20 authorized in subsection (b), $16,952,000 for fiscal year

21 1996 are authorized to be appropriated to the Secretary,

22 for the acquisition and deployment of—

23 (1) the Automated Surface Observing System

24 and related systems, including multisensor and
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1 backup arrays for National Weather Service sites at

2 airports; and

3 (2) Automated Meteorological Observing Sys4 tem and Remote Automated Meteorological Observ5 ing System replacement units.

6 and to cover all associated activities, including program

7 management and operations and maintenance.

8 (e) AWIPS AUTHORIZATION.—Of the sums author9 ized in subsection (b), there are authorized to be appro10 priated to the Secretary $52,097,000 for fiscal year 1996,

11 to remain available until expended, for—

12 (1) the acquisition and deployment of the Ad13 vanced Weather Interactive Processing System and

14 NOAA Port and associated activities; and

15 (2) associated program management and oper16 ations and maintenance.

17 (f) CONSTRUCTION OF WEATHER FORECAST OF18 FICES.—There are authorized to be appropriated to the

19 Secretary to enable the National Oceanic and Atmospheric

20 Administration to carry out construction, repair, and

21 modification activities relating to new and existing weath22 er forecast offices, $20,628,000 for fiscal year 1996. Such

23 activities include planning, design, and land acquisition re24 lated to such offices.
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1 (g) WEATHER SERVICE MODERNIZATION.—Title VII

2 of the National Oceanic and Atmospheric Administration

3 Authorization Act of 1992 is amended—

4 (1) in section 706—

5 (A) by amending subsection (b)(6) to read

6 as follows:

7 ‘‘(6) any recommendations of the Committee

8 submitted under section 707(c) that evaluate the

9 certification.’’;

10 (B) by striking ‘‘60-day’’ in subsection

11 (c)(2) and inserting in lieu thereof ‘‘30-day’’;

12 (C) by amending subsection (d) to read as

13 follows:

14 ‘‘(d) FINAL DECISION.—If the Secretary decides to

15 close, consolidate, automate, or relocate any such field of16 fice, the Secretary shall publish the certification in the

17 Federal Register and submit the certification to the Com18 mittee on Commerce, Science, and Transportation of the

19 Senate and the Committee on Science of the House of

20 Representatives.’’; and

21 (D) by amending subsection (f) to read as

22 follows:

23 ‘‘(f) TRANSITION PROGRAM.—The Secretary shall

24 maintain for a period of at least two years after the clo25 sure of any weather office a program to—
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1 ‘‘(1) provide timely information regarding the

2 activities of the National Weather Service which may

3 affect service to the community, including mod4 ernization and restructuring; and

5 ‘‘(2) work with area weather service users, in6 cluding persons associated with general aviation,

7 civil defense, emergency preparedness, and the news

8 media, with respect to the provision of timely weath9 er warnings and forecasts.’’; and

10 (2) by amending section 707(c) to read as fol11 lows:

12 ‘‘(c) DUTIES.—The Committee may review any cer13 tification under section 706 for which the Secretary has

14 provided a notice of intent to certify in the plan, including

15 any certification for which there is a significant potential

16 for degradation of service within the affected area. Upon

17 the request of the Committee, the Secretary shall make

18 available to the Committee the supporting documents de19 veloped by the Secretary in connection with the certifi20 cation. The Committee shall evaluate any certification re21 viewed on the basis of the modernization criteria and with

22 respect to the requirement that there be no degradation

23 of service, and advise the Secretary accordingly.’’.

24 (h) NEXRAD OPERATIONAL AVAILABILITY AND RE25 LIABILITY.—(1) The Secretary of Defense, in conjunction
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1 with the Administrator of the National Oceanic and At2 mospheric Administration, shall take immediate steps to

3 ensure that NEXRADs operated by the Department of

4 Defense that provide primary detection coverage over a

5 portion of their range function as fully committed, reliable

6 elements of the national weather radar network, operating

7 with the same standards, quality, and availability as the

8 National Weather Service-operated NEXRADs.

9 (2) NEXRADs operated by the Department of De10 fense that provide primary detection coverage over a por11 tion of their range are to be considered as integral parts

12 of the National Weather Radar Network.

13 (i) REPORT.—Section 704 of the Weather Service

14 Modernization Act (15 U.S.C. 313 note) is amended by

15 adding at the end the following new subsection:

16 ‘‘(c) REPORT.—The Secretary shall contract with the

17 National Research Council for a review of the NEXRAD

18 Network radar coverage pattern as indicated in the 1996

19 National Implementation Plan of the National Weather

20 Service for a determination of areas of inadequate radar

21 coverage. In conducting such a review, the National Re22 search Council shall prepare and submit to the Secretary,

23 no later than 6 months after the date of the enactment

24 of this Act, a report which assesses the feasibility of exist25 ing and future Federal Aviation Administration Terminal
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1 Doppler Weather Radars to provide reliable weather radar

2 data, in a cost-effective manner, to nearby weather fore3 cast offices. The Secretary shall report to the Committee

4 on Science of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of the

6 Senate, not later than 60 days after receiving the report

7 under this subsection, on recommendations to implement

8 the findings in such report.’’.

9 SEC. 412. ATMOSPHERIC RESEARCH.

10 (a) CLIMATE AND AIR QUALITY RESEARCH.—(1)

11 There is authorized to be appropriated to the Secretary

12 to enable the National Oceanic and Atmospheric Adminis13 tration to carry out its climate and air quality research

14 duties, $86,757,000 for fiscal year 1996. Such duties in15 clude internannual and seasonal climate research and

16 long-term climate and air quality research.

17 (2) The Administrator shall ensure that at least the

18 same percentage of the climate and air quality research

19 funds that were provided to institutions of higher edu20 cation for fiscal year 1995 is provided to institutions of

21 higher education from funds authorized by this subsection.

22 (b) ATMOSPHERIC PROGRAMS.—There are author23 ized to be appropriated to the Secretary to enable the Na24 tional Oceanic and Atmospheric Administration to carry

25 out its atmospheric research duties, $39,894,000 for fiscal
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1 year 1996. Such duties include research for developing im2 proved prediction capabilities for atmospheric processes,

3 as well as solar-terrestrial research and services.

4 (c) GLOBE AUTHORIZATION.—There are authorized

5 to be appropriated to the Secretary to enable the National

6 Oceanic and Atmospheric Administration to carry out the

7 Global Learning and Observations to Benefit the Environ8 ment program, $7,000,000 for fiscal year 1996.

9 (d) Nothing in this Act shall preclude the National

10 Oceanic and Atmospheric Administration from carrying

11 out studies of long-term climate and global change.

12 SEC. 413. NATIONAL ENVIRONMENTAL SATELLITE, DATA,

13 AND INFORMATION SERVICE.

14 (a) SATELLITE OBSERVING SYSTEMS.—There are

15 authorized to be appropriated to the Secretary to enable

16 the National Oceanic and Atmospheric Administration to

17 carry out its satellite observing systems duties,

18 $319,448,000 for fiscal year 1996, to remain available

19 until expended. Such duties include spacecraft procure20 ment, launch, and associated ground station systems in21 volving polar orbiting and geostationary environmental

22 satellites, as well as the operation of such satellites. None

23 of the funds authorized under this subsection shall be used

24 for the purposes for which funds are authorized under sec25 tion 105(d) of the National Oceanic and Atmospheric Ad-
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1 ministration Authorization Act of 1992 (Public Law 102–

2 567).

3 (b) POES PROGRAM AUTHORIZATION.—Of the sums

4 authorized in subsection (a), there are authorized to be

5 appropriated to the Secretary $184,425,000 for fiscal year

6 1996, to remain available until expended, for the procure7 ment of Polar Orbiting Environmental Satellites, K, L, M,

N, and N1 8 , and the procurement of the launching and sup9 porting ground systems of such satellites.

10 (c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL

11 SATELLITES.—Of the sums authorized in subsection (a),

12 there are authorized to be appropriated to the Adminis13 trator $46,300,000 for fiscal year 1996, to remain avail14 able until expended—

15 (1) to procure up to three additional Geo16 stationary Operational Environmental NEXT Sat17 ellites (GOES I–M clones) and instruments; and

18 (2) for contracts, and amendments or modifica19 tions of contracts, with the developer of previous

20 GOES-NEXT satellites for the acquisition of the ad21 ditional satellites and instruments described in para22 graph (1).

23 (d) ENVIRONMENTAL DATA AND INFORMATION

24 SERVICES.—There are authorized to be appropriated to

25 the Secretary to enable the National Oceanic and Atmos-
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1 pheric Administration to carry out its environmental data

2 and information services duties, $35,665,000 for fiscal

3 year 1996. Such duties include climate data services, geo4 physical data services, and environmental assessment and

5 information services.

6 (e) NATIONAL POLAR-ORBITING OPERATIONAL EN7 VIRONMENTAL SATELLITE SYSTEM PROGRAM AUTHOR8 IZATION.—Of the sums authorized in subsection (a), there

9 are authorized to be appropriated to the Secretary, for fis10 cal year 1996, $39,500,000, to remain available until ex11 pended, for the procurement of the National Polar-Orbit12 ing Operational Environmental Satellite System, and the

13 procurement of the launching and supporting ground sys14 tems of such satellites.

15 Subtitle B—Marine Research

16 SEC. 421. NATIONAL OCEAN SERVICE.

17 (a) MAPPING AND CHARTING.—There are authorized

18 to be appropriated to the Secretary, to enable the National

19 Oceanic and Atmospheric Administration to carry out

20 mapping and charting activities under the Act of 1947 and

21 any other law involving those activities, $29,149,000.

22 (b) GEODESY.—There are authorized to be appro23 priated to the Secretary, to enable the National Oceanic

24 and Atmospheric Administration to carry out geodesy ac-
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1 tivities under the Act of 1947 and any other law involving

2 those activities, $19,927,000 for fiscal year 1996.

3 (c) OBSERVATION AND PREDICTION.—

4 (1) IN GENERAL.—There are authorized to be

5 appropriated to the Secretary, to enable the Na6 tional Oceanic and Atmospheric Administration to

7 carry out observation and prediction activities under

8 the Act of 1947 and any other law involving those

9 activities, $11,279,000 for fiscal year 1996.

10 (2) CIRCULATORY SURVEY PROGRAM.—In addi11 tion to amounts authorized under paragraph (1),

12 there are authorized to be appropriated to the Sec13 retary, to enable the National Oceanic and Atmos14 pheric Administration to carry out the Circulatory

15 Survey Program, $695,000 for fiscal year 1996.

16 (3) OCEAN AND EARTH SCIENCES.—In addition

17 to amounts authorized under paragraph (1), there

18 are authorized to be appropriated to the Secretary,

19 to enable the National Oceanic and Atmospheric Ad20 ministration to carry out ocean and earth science ac21 tivities, $4,231,000 for fiscal year 1996.

22 (d) ESTUARINE AND COASTAL ASSESSMENT.—

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 support estuarine and coastal assessment activities

2 under the Act of 1947 and any other law involving

3 those activities, $1,171,000 for fiscal year 1996.

4 (2) OCEAN ASSESSMENT.—In addition to

5 amounts authorized under paragraph (1), there are

6 authorized to be appropriated to the Secretary, to

7 enable the National Oceanic and Atmospheric Ad8 ministration to carry out the National Status and

9 Trends Program, the Strategic Environmental As10 sessment Program, and the Hazardous Materials

11 Response Program, $8,401,000 for fiscal year 1996.

12 (3) DAMAGE ASSESSMENT PROGRAM.—In addi13 tion to amounts authorized under paragraph (1),

14 there are authorized to be appropriated to the Sec15 retary, to enable the National Oceanic and Atmos16 pheric Administration to carry out the Damage As17 sessment Program, $585,000 for fiscal year 1996.

18 (4) COASTAL OCEAN PROGRAM.—In addition to

19 amounts authorized under paragraph (1), there are

20 authorized to be appropriated to the Secretary, to

21 enable the National Oceanic and Atmospheric Ad22 ministration to carry out the Coastal Ocean Pro23 gram, $9,158,000 for fiscal year 1996.
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1 SEC. 422. OCEAN AND GREAT LAKES RESEARCH.

2 (a) MARINE PREDICTION RESEARCH.—There are au3 thorized to be appropriated to the Secretary, to enable the

4 National Oceanic and Atmospheric Administration to

5 carry out marine prediction research activities under the

6 Act of 1947, the Act of 1890, and any other law involving

7 those activities, $13,763,000 for fiscal year 1996.

8 (b) NATIONAL SEA GRANT COLLEGE PROGRAM.—(1)

9 Section 212(a) of the National Sea Grant College Pro10 gram Act (33 U.S.C. 1131(a)) is amended to read as fol11 lows:

12 ‘‘(a) GRANTS AND CONTRACTS; FELLOWSHIPS.—

13 There are authorized to be appropriated to carry out sec14 tions 205 and 208, $51,000,000 for fiscal year 1996.’’.

15 (2) Section 212(b)(1) of the National Sea Grant Col16 lege Program Act (33 U.S.C. 1131(b)(1)) is amended by

17 striking ‘‘an amount’’ and all that follows through ‘‘not

18 to exceed $2,900,000’’ and inserting in lieu thereof

19 ‘‘$2,000,000 for fiscal year 1996’’.

20 (3) Section 203(4) of the National Sea Grant College

21 Program Act (33 U.S.C. 1122(4)) is amended by striking

22 ‘‘discipline or field’’ and all that follows through ‘‘public

23 administration)’’ and inserting in lieu thereof ‘‘field or dis24 cipline involving scientific research’’.
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1 SEC. 423. USE OF OCEAN RESEARCH RESOURCES OF OTHER

2 FEDERAL AGENCIES.

3 (a) FINDINGS.—The Congress finds the following:

4 (1) Observing, monitoring, and predicting the

5 ocean environment has been a high priority for the

6 defense community to support ocean operations.

7 (2) Many advances in ocean research have been

8 made by the defense community which could be

9 shared with civilian researchers.

10 (3) The National Oceanic and Atmospheric Ad11 ministration’s missions to describe and predict the

12 ocean environment, manage the Nation’s ocean and

13 coastal resources, and promote stewardship of the

14 world’s oceans would benefit from increased coopera15 tion with defense agencies.

16 (b) SENSE OF CONGRESS.—It is the sense of the

17 Congress that the National Oceanic and Atmospheric Ad18 ministration should expand its efforts to develop inter19 agency agreements to further the use of defense-related

20 technologies, data, and other resources to support its oce21 anic missions.

22 (c) REPORT.—

23 (1) IN GENERAL.—Not later than 120 days

24 after the date of the enactment of this Act, the Sec25 retary of Commerce shall submit to the Committee

26 on Science and the Committee on Resources of the
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1 House of Representatives and the Committee on

2 Commerce, Science, and Transportation of the Sen3 ate a report on the feasibility of expanding the use

4 of defense-related technologies, data, and other re5 sources to support and enhance the oceanic missions

6 of the National Oceanic and Atmospheric Adminis7 tration.

8 (2) CONTENTS.—The report required under

9 paragraph (1) shall include—

10 (A) a detailed listing of defense-related re11 sources currently available to the National Oce12 anic and Atmospheric Administration and the

13 National Oceanic and Atmospheric Administra14 tion missions which utilize those resources;

15 (B) detailed findings and recommenda16 tions, including funding requirements, on the

17 potential for expanding the use of available de18 fense-related resources;

19 (C) a detailed listing and funding history

20 of the National Oceanic and Atmospheric Ad21 ministration resources, including data and tech22 nology, which could be supplemented by de23 fense-related resources;

24 (D) a listing of currently unavailable de25 fense-related resources, including data and
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1 technology, which if made available would en2 hance the National Oceanic and Atmospheric

3 Administration mission performance;

4 (E) recommendations on the regulatory

5 and legislative structures needed to maximize

6 the use of defense-related resources;

7 (F) an assessment of the respective roles

8 in the use of defense-related resources of the

9 Army Corps of Engineers, data centers, oper10 ational centers, and research facilities of the

11 National Oceanic and Atmospheric Administra12 tion; and

13 (G) recommendations on how to provide

14 access to relevant defense-related data for non15 Federal scientific users.

16 Subtitle C—Program Support

17 SEC. 431. PROGRAM SUPPORT.

18 (a) EXECUTIVE DIRECTION AND ADMINISTRATIVE

19 ACTIVITIES.—There are authorized to be appropriated to

20 the Secretary, to enable the National Oceanic and Atmos21 pheric Administration to carry out executive direction and

22 administrative activities under the Act of 1970 and any

23 other law involving those activities, $20,632,000 for fiscal

24 year 1996.
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1 (b) CENTRAL ADMINISTRATIVE SUPPORT.—There

2 are authorized to be appropriated to the Secretary, to en3 able the National Oceanic and Atmospheric Administra4 tion to carry out central administrative support activities

5 under the Act of 1970 and any other law involving those

6 activities, $30,000,000 for fiscal year 1996.

7 (c) RETIRED PAY.—There are authorized to be ap8 propriated to the Secretary, for retired pay for retired

9 commissioned officers of the National Oceanic and Atmos10 pheric Administration under the Act of 1970, $7,706,000

11 for fiscal year 1996.

12 (d) MARINE SERVICES.—

13 (1) SERVICE CONTRACTS.—Notwithstanding

14 any other provision of law and subject to the avail15 ability of appropriations, the Secretary shall enter

16 into contracts, including multiyear contracts, subject

17 to paragraph (3), for the use of vessels to conduct

18 oceanographic research and fisheries research, mon19 itoring, enforcement, and management, and to ac20 quire other data necessary to carry out the missions

21 of the National Oceanic and Atmospheric Adminis22 tration. The Secretary shall enter into these con23 tracts unless—

24 (A) the cost of the contract is more than

25 the cost (including the cost of vessel operation,
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1 maintenance, and all personnel) to the National

2 Oceanic and Atmospheric Administration of ob3 taining those services on vessels of the National

4 Oceanic and Atmospheric Administration;

5 (B) the contract is for more than 7 years;

6 or

7 (C) the data is acquired through a vessel

8 agreement pursuant to paragraph (4).

9 (2) VESSELS.—The Secretary may not enter

10 into any contract for the construction, lease-pur11 chase, upgrade, or service life extension of any ves12 sel.

13 (3) MULTIYEAR CONTRACTS.—

14 (A) IN GENERAL.—Subject to subpara15 graphs (B) and (C), and notwithstanding sec16 tion 1341 of title 31, United States Code, and

17 section 11 of title 41, United States Code, the

18 Secretary may acquire data under multiyear

19 contracts.

20 (B) REQUIRED FINDINGS.—The Secretary

21 may not enter into a contract pursuant to this

22 paragraph unless the Secretary finds with re23 spect to that contract that there is a reasonable

24 expectation that throughout the contemplated

25 contract period the Secretary will request from
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1 Congress funding for the contract at the level

2 required to avoid contract termination.

3 (C) REQUIRED PROVISIONS.—The Sec4 retary may not enter into a contract pursuant

5 to this paragraph unless the contract includes—

6 (i) a provision under which the obliga7 tion of the United States to make pay8 ments under the contract for any fiscal

9 year is subject to the availability of appro10 priations provided in advance for those

11 payments;

12 (ii) a provision that specifies the term

13 of effectiveness of the contract; and

14 (iii) appropriate provisions under

15 which, in case of any termination of the

16 contract before the end of the term speci17 fied pursuant to clause (ii), the United

18 States shall only be liable for the lesser

19 of—

20 (I) an amount specified in the

21 contract for such a termination; or

22 (II) amounts that were appro23 priated before the date of the termi24 nation for the performance of the con25 tract or for procurement of the type
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1 of acquisition covered by the contract

2 and are unobligated on the date of the

3 termination.

4 (4) VESSEL AGREEMENTS.—The Secretary shall

5 use excess capacity of University National Oceano6 graphic Laboratory System vessels where appro7 priate and may enter into memoranda of agreement

8 with the operators of these vessels to carry out this

9 requirement.

10 (5) AUTHORIZATION OF APPROPRIATIONS.—

11 There are authorized to be appropriated to the Sec12 retary, to enable the National Oceanic and Atmos13 pheric Administration to carry out marine services

14 activities, $60,689,000 for fiscal year 1996.

15 (e) AIRCRAFT SERVICES.—There are authorized to be

16 appropriated to the Secretary, to enable the National Oce17 anic and Atmospheric Administration to carry out aircraft

18 services activities (including aircraft operations, mainte19 nance, and support) under the Act of 1970 and any other

20 law involving those activities, $9,548,000 for fiscal year

21 1996.

22 (f) FACILITIES REPAIRS AND RENOVATIONS.—There

23 are authorized to be appropriated to the Secretary, to en24 able the National Oceanic and Atmospheric Administra-
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1 tion to carry out facilities repairs and renovations,

2 $7,374,000 for fiscal year 1996.

3 Subtitle D—Streamlining of

4 Operations

5 SEC. 441. PROGRAM TERMINATIONS.

6 (a) TERMINATIONS.—No funds may be appropriated

7 for the following programs and accounts:

8 (1) The National Undersea Research Program.

9 (2) The Fleet Modernization, Shipbuilding, and

10 Construction Account.

11 (3) The Charleston, South Carolina, Special

12 Management Plan.

13 (4) Chesapeake Bay Observation Buoys as of

14 September 30, 1996.

15 (5) Federal/State Weather Modification Grants.

16 (6) The Southeast Storm Research Account.

17 (7) National Institute for Environmental Re18 newal.

19 (8) The Lake Champlain Study.

20 (9) The Maine Marine Research Center.

21 (10) The South Carolina Cooperative Geodetic

22 Survey Account.

23 (11) Pacific Island Technical Assistance.

24 (12) VENTS program.
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1 (13) National Weather Service non-Federal,

2 non-wildfire Fire Weather Service.

3 (14) National Weather Service Regional Cli4 mate Centers.

5 (15) National Weather Service Samoa Weather

6 Forecast Office Repair and Upgrade Account.

7 (16) Dissemination of Weather Charts (Marine

8 Facsimile Service).

9 (b) REPORT.—Not later than 60 days after the date

10 of the enactment of this Act, the Secretary shall submit

11 to the Committee on Resources and the Committee on

12 Science of the House of Representatives and the Commit13 tee on Commerce, Science, and Transportation of the Sen14 ate a report certifying that all the programs listed in sub15 section (a) will be terminated no later than September 30,

16 1995.

17 (c) REPEAL OF SEA GRANT PROGRAMS.—

18 (1) REPEALS.—(A) Section 208(b) of the Na19 tional Sea Grant College Program Act (33 U.S.C.

20 1127(b)) is repealed.

21 (B) Section 3 of the Sea Grant Program Im22 provement Act of 1976 (33 U.S.C. 1124a) is re23 pealed.

24 (2) CONFORMING AMENDMENT.—Section 209

25 of the National Sea Grant College Program Act (33
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1 U.S.C. 1128(b)(1)) is amended by striking ‘‘and sec2 tion 3 of the Sea Grant Program Improvement Act

3 of 1976’’.

4 (d) ADDITIONAL REPEAL.—The NOAA Fleet Mod5 ernization Act (33 U.S.C. 851 note) is repealed.

6 SEC. 442. LIMITATIONS ON APPROPRIATIONS.

7 (a) SUBSEQUENT FISCAL YEARS.—No sums are au8 thorized to be appropriated for any fiscal year after fiscal

9 year 1996 for the activities for which sums are authorized

10 by this title unless such sums are specifically authorized

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

12 fiscal year.

13 (b) FISCAL YEAR 1996.—No more than

14 $1,692,470,000 is authorized to be appropriated to the

15 Secretary for fiscal year 1996, by this Act or any other

16 Act, to enable the National Oceanic and Atmospheric Ad17 ministration to carry out all activities associated with Op18 erations, Research, and Facilities.

19 (c) REDUCTION IN TRAVEL BUDGET.—Of the sums

20 appropriated under this Act for Operations, Research, and

21 Facilities, no more than $20,000,000 may be used for re22 imbursement of travel and related expenses for National

23 Oceanic and Atmospheric Administration personnel.
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1 SEC. 443. TERMINATION OF THE CORPS OF COMMISSIONED

2 OFFICERS.

3 (a) NUMBER OF OFFICERS.—Notwithstanding sec4 tion 8 of the Act of June 3, 1948 (33 U.S.C. 853g), the

5 total number of commissioned officers on the active list

6 of the National Oceanic and Atmospheric Administration

7 shall not exceed 358 for fiscal year 1996. No commis8 sioned officers are authorized for any fiscal year after fis9 cal year 1996.

10 (b) SEVERANCE PAY.—Commissioned officers may be

11 separated from the active list of the National Oceanic and

12 Atmospheric Administration. In lieu of separation pay, of13 ficers so separated shall be eligible only for severance pay

14 in accordance with the terms and conditions of section

15 5595 of title 5, United States Code, and only to the extent

16 provided in advance in appropriations Acts.

17 (c) TRANSFER.—(1) Subject to the approval of the

18 Secretary of Defense and under terms and conditions

19 specified by the Secretary, commissioned officers subject

20 to subsection (a) may transfer to the armed services under

21 section 716 of title 10, United States Code.

22 (2) Subject to the approval of the Secretary of Trans23 portation and under terms and conditions specified by the

24 Secretary, commissioned officers subject to subsection (a)

25 may transfer to the United States Coast Guard under sec26 tion 716 of title 10, United States Code.
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1 (3) Subject to the approval of the Administrator of

2 the National Oceanic and Atmospheric Administration

3 and under terms and conditions specified by that Adminis4 trator, commissioned officers subject to subsection (a)

5 may be employed by the National Oceanic and Atmos6 pheric Administration as members of the civil service.

7 (d) REPEALS.—(1) The following provisions of law

8 are repealed:

9 (A) The Coast and Geodetic Survey Commis10 sioned Officers’ Act of 1948 (33 U.S.C. 853a–853o,

11 853p–853u).

12 (B) The Act of February 16, 1929 (Chapter

13 221, section 5; 45 Stat. 1187; 33 U.S.C. 852a).

14 (C) The Act of January 19, 1942 (Chapter 6;

15 56 Stat. 6).

16 (D) Section 9 of Public Law 87–649 (76 Stat.

17 495).

18 (E) The Act of May 22, 1917 (Chapter 20, sec19 tion 16; 40 Stat. 87; 33 U.S.C. 854 et seq.).

20 (F) The Act of December 3, 1942 (Chapter

21 670; 56 Stat. 1038.

22 (G) Sections 1 through 5 of Public Law 91–621

23 (84 Stat. 1863; 33 U.S.C. 857–1 et seq.).

24 (H) The Act of August 10, 1956 (Chapter

25 1041, section 3; 70A Stat. 619; 33 U.S.C. 857a).
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1 (I) The Act of May 18, 1920 (Chapter 190,

2 section 11; 41 Stat. 603; 33 U.S.C. 864).

3 (J) The Act of July 22, 1947 (Chapter 286; 61

4 Stat. 400; 33 U.S.C. 873, 874).

5 (K) The Act of August 3, 1956 (Chapter 932;

6 70 Stat. 988; 33 U.S.C. 875, 876).

7 (L) All other Acts inconsistent with this sub8 section.

9 Following the repeal of provisions under this paragraph,

10 all retirement benefits for the NOAA Corps which are in

11 existence on September 30, 1996, shall continue to apply

12 to eligible NOAA Corps officers and retirees.

13 (2) The effective date of the repeals under paragraph

14 (1) shall be October 1, 1996.

15 (e) ABOLITION.—The Office of the National Oceanic

16 and Atmospheric Administration Corps of Operations and

17 the Commissioned Personnel Center are abolished effective

18 September 30, 1996.

19 Subtitle E—Miscellaneous

20 SEC. 451. WEATHER DATA BUOYS.

21 (a) PROHIBITION.—It shall be unlawful for any unau22 thorized person to remove, change the location of, ob23 struct, willfully damage, make fast to, or interfere with

24 any weather data buoy established, installed, operated, or

25 maintained by the National Data Buoy Center.
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1 (b) CIVIL PENALTIES.—The Administrator is author2 ized to assess a civil penalty against any person who vio3 lates any provision of this section in an amount of not

4 more than $10,000 for each violation. Each day during

5 which such violation continues shall be considered a new

6 offense. Such penalties shall be assessed after notice and

7 opportunity for a hearing.

8 (c) REWARDS.—The Administrator may offer and

9 pay rewards for the apprehension and conviction, or for

10 information helpful therein, of persons found interfering,

11 in violation of law, with data buoys maintained by the Na12 tional Data Buoy Center; or for information leading to

13 the discovery of missing National Weather Service prop14 erty or the recovery thereof.

15 SEC. 452. DUTIES OF THE NATIONAL WEATHER SERVICE.

16 (a) IN GENERAL.—To protect life and property and

17 enhance the national economy, the Secretary, through the

18 National Weather Service, except as outlined in subsection

19 (b), shall be responsible for—

20 (1) forecasts and shall serve as the sole official

21 source of weather warnings;

22 (2) the issue of storm warnings;

23 (3) the collection, exchange, and distribution of

24 meteorological, hydrological, climatic, and oceano25 graphic data and information; and
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1 (4) the preparation of hydrometeorological guid2 ance and core forecast information.

3 (b) COMPETITION WITH PRIVATE SECTOR.—The

4 National Weather Service shall not compete, or assist

5 other entities to compete, with the private sector when a

6 service is currently provided or can be provided by com7 mercial enterprise, unless—

8 (1) the Secretary finds that the private sector

9 is unwilling or unable to provide the services; and

10 (2) the service provides vital weather warnings

11 and forecasts for the protection of lives and property

12 of the general public.

13 (c) AMENDMENTS.—The Act of 1890 is amended—

14 (1) by striking section 3 (15 U.S.C. 313); and

15 (2) in section 9 (15 U.S.C. 317), by striking all

16 after ‘‘Department of Agriculture’’ and inserting in

17 lieu thereof a period.

18 (d) REPORT.—Not later than 60 days after the date

19 of the enactment of this Act, the Secretary shall submit

20 to the Committee on Science of the House of Representa21 tives and the Committee on Commerce, Science, and

22 Transportation of the Senate a report detailing all Na23 tional Weather Service activities which do not conform to

24 the requirements of this section and outlining a timetable

25 for their termination.
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1 SEC. 453. ELIGIBILITY FOR AWARDS.

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

3 from consideration for awards of financial assistance made

4 by the National Oceanic and Atmospheric Administration

5 after fiscal year 1995 any person who received funds,

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

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

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

9 competitive, merit-based award process. Any exclusion

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

12 Federal funds.

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

14 awards to persons who are members of a class specified

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

16 class according to a formula provided by law.

17 SEC. 454. PROHIBITION OF LOBBYING ACTIVITIES.

18 None of the funds authorized by this title shall be

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

21 not prevent officers or employees of the United States or

22 of its departments or agencies from communicating to

23 Members of Congress on the request of any Member or

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

26 the efficient conduct of the public business.
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1 SEC. 455. REPORT ON LABORATORIES.

2 (a) IN GENERAL.—Not later than 120 days after the

3 date of the enactment of this Act, the Secretary shall con4 duct a review of the laboratories operated by the National

5 Oceanic and Atmospheric Administration and submit a re6 port to the Committee on Resources and the Committee

7 on Science of the House of Representatives and the Com8 mittee on Commerce, Science, and Transportation of the

9 Senate.

10 (b) REQUIREMENTS.—The report required by sub11 section (a) shall—

12 (1) address potential efficiencies and savings

13 which could be achieved through closing or consoli14 dating laboratory facilities;

15 (2) review each laboratory’s—

16 (A) mission and activities and their cor17 relation to the mission priorities of the National

18 Oceanic and Atmospheric Administration;

19 (B) physical assets, equipment, condition,

20 and personnel resources; and

21 (C) organization and program manage22 ment; and

23 (3) address other issues the Inspector General

24 consider relevant.
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1 SEC. 456. CONVEYANCE OF NATIONAL MARINE FISHERIES

2 SERVICE LABORATORY AT GLOUCESTER,

3 MASSACHUSETTS.

4 (a) CONVEYANCE REQUIRED.—

5 (1) IN GENERAL.—The Secretary shall convey

6 to the Commonwealth of Massachusetts all right,

7 title, and interest of the United States in and to the

8 property comprising the National Marine Fisheries

9 Service laboratory located on Emerson Avenue in

10 Gloucester, Massachusetts.

11 (2) TERMS.—A conveyance of property under

12 paragraph (1) shall be made—

13 (A) without payment of consideration; and

14 (B) subject to the terms and conditions

15 specified under subsections (b) and (c).

16 (b) CONDITIONS FOR TRANSFER.—

17 (1) IN GENERAL.—As a condition of any con18 veyance of property under this section, the Common19 wealth of Massachusetts shall assume full respon20 sibility for maintenance of the property for as long

21 as the Commonwealth retains the right and title to

22 that property.

23 (2) CONTINUED USE OF PROPERTY BY NMFS.—

24 The Secretary may enter into a memorandum of un25 derstanding with the Commonwealth of Massachu26 setts under which the National Marine Fisheries
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1 Service is authorized to occupy existing laboratory

2 space on the property conveyed under this section,

3 if—

4 (A) the term of the memorandum of un5 derstanding is for a period of not longer than

6 5 years beginning on the date of enactment of

7 this Act; and

8 (B) the square footage of the space to be

9 occupied by the National Marine Fisheries

10 Service does not conflict with the needs of, and

11 is agreeable to, the Commonwealth of Massa12 chusetts.

13 (c) REVERSIONARY INTEREST.—All right, title, and

14 interest in and to all property conveyed under this section

15 shall revert to the United States on the date on which

16 the Commonwealth of Massachusetts uses any of the prop17 erty for any purpose other than the Commonwealth of

18 Massachusetts Division of Marine Fisheries resource man19 agement program.

20 SEC. 457. CLEANUP OF NOAA FACILITIES.

21 (a) IN GENERAL.—The Secretary shall cleanup land22 fills, wastes, dumps, debris, storage tanks, property, haz23 ardous or unsafe conditions, and contaminants (including,

24 without limitation, petroleum products and their deriva25 tives), on lands which the National Oceanic and Atmos-
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1 pheric Administration and its predecessor agencies aban2 doned, quitclaimed, or otherwise transferred, or is obli3 gated to transfer, to local entities or landowners on the

4 Pribilof Islands, Alaska, pursuant to the Fur Seal Act of

5 1966 (16 U.S.C. 1161 et seq.).

6 (b) SPECIFIC REQUIREMENTS.—To carry out sub7 section (a), the Secretary shall—

8 (1) by December 31, 1995, execute agreements

9 with the State of Alaska, affected local entities and

10 landowners, and in the case of new landfills, the In11 dian Health Service;

12 (2) manage the cleanup required in subsection

13 (a) with the minimum possible Federal overhead,

14 delay, and duplication of State and local planning

15 and design work;

16 (3) receive approval of the State of Alaska for

17 the cleanup plans prepared as a result of the agree18 ments described in subsection (b)(1) where said

19 cleanup is required by State law;

20 (4) receive approval of affected local entities

21 and landowners before conducting cleanup work on

22 their property, if such approval is not obtained by

23 agreement in accordance with paragraph (5);

24 (5) to the maximum extent possible, and not25 withstanding any other law, carry out duties under
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1 this Act and under other Federal laws on the

2 Pribilof Islands through contracts, grants, or cooper3 ative agreements, including agreements on a reim4 bursable basis, with the local entities and land5 owners and with residents of the Pribilof Islands;

6 and

7 (6) not require financial contributions by or

8 from local entities or landowners.

9 (c) CONTENTS OF AGREEMENTS.—The agreements

10 described in subsection (b)(1) shall—

11 (1) require the Secretary to clean up all sites

12 referred to in subsection (a), as soon as possible;

13 (2) specify the Secretary’s responsibility to—

14 (A) contribute to the planning and con15 struction of new or redeveloped landfills;

16 (B) provide technical and financial assist17 ance and training to the local entities and land18 owners and residents of the Pribilof Islands;

19 and

20 (C) to the greatest extent possible, secure

21 their participation in carrying out this section.

22 (d) DEFINITIONS.—For purposes of this section—

23 (1) the term ‘‘cleanup’’ means, without limita24 tion, planning and execution of remediation actions

25 for lands described in subsection (a) and redevelop-
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1 ment of landfills to meet regulatory requirements;

2 and

3 (2) the term ‘‘local entities and landowners’’

4 means those local political subdivisions and entities

5 that have received or are eligible to receive lands

6 under the Fur Seal Act of 1966 (16 U.S.C. 1161 et

7 seq.).

8 SEC. 458. OCEAN APPLICATIONS BRANCH.

9 (a) ESTABLISHMENT.—The Secretary of commerce

10 shall establish and maintain within the Administration a

11 program to be known as the Ocean Applications Branch

12 (in this section referred to as the ‘‘Branch’’).

13 (b) PURPOSE.—The purpose of the Branch shall be

14 to make oceanographic and other information developed

15 by the Department of Defense Fleet Numerical

16 Meterology and Oceanography Center available for pri17 vate, educational, and government use pursuant to agree18 ment between the Secretary of Defense and the Secretary

19 of Commerce. It shall be the goal of the Secretary of Com20 merce to support the activities of the Ocean Applications

21 Branch through user fees.

22 (c) LIMITATION ON CLOSURE.—The Secretary of

23 Commerce shall not terminate operation of the Branch,

24 before the Branch fully funds its operations through pri-
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1 vate sources, including user fees, or fiscal year 1996,

2 whichever comes first.

3 TITLE V—ENVIRONMENTAL

4 PROTECTION AGENCY

5 SEC. 501. SHORT TITLE.

6 This title may be cited as the ‘‘Environmental Re7 search, Development, and Demonstration Authorization

8 Act of 1995’’.

9 SEC. 502. DEFINITIONS.

10 For the purposes of this title, the term—

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

12 of the Environmental Protection Agency;

13 (2) ‘‘Agency’’ means the Environmental Protec14 tion Agency; and

15 (3) ‘‘Assistant Administrator’’ means the As16 sistant Administrator for Research and Development

17 of the Agency.

18 SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—There are authorized to be appro20 priated to the Administrator $490,000,000 for fiscal year

21 1996 for the Office of Research and Development for envi22 ronmental research, development, and demonstration ac23 tivities, including program management and support, in

24 the areas specified in subsection (b), of which—
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1 (1) $321,694,800 shall be for Research and De2 velopment; and

3 (2) $109,263,400 shall be for Program and Re4 search Operations.

5 (b) SPECIFIC PROGRAMS AND ACTIVITIES.—Of the

6 amount authorized in subsection (a), there are authorized

7 to be appropriated the following:

8 (1) For air related research, $93,915,200, of

9 which—

10 (A) $67,111,400 shall be for Research and

11 Development; and

12 (B) $26,803,800 shall be for Program and

13 Research Operations.

14 (2) For global change research, $2,385,700, of

15 which—

16 (A) $2,125,400 shall be for Research and

17 Development; and

18 (B) $260,300 shall be for Program and

19 Research Operations.

20 (3) For water quality related research,

21 $21,243,100, of which—

22 (A) $9,453,100 shall be for Research and

23 Development; and

24 (B) $11,790,000 shall be for Program and

25 Research Operations.
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1 (4) For drinking water related research,

2 $20,652,400, of which—

3 (A) $10,376,500 shall be for Research and

4 Development; and

5 (B) $10,275,900 shall be for Program and

6 Research Operations.

7 (5) For toxic chemical related research,

8 $11,053,900, of which—

9 (A) $5,028,600 shall be for Research and

10 Development; and

11 (B) $6,025,300 shall be for Program and

12 Research Operations.

13 (6) For lab and field expenses, $73,031,600, all

14 of which shall be for Research and Development.

15 (7) For headquarters expenses of the Office of

16 Research and Development, $9,254,800, all of which

17 shall be for Research and Development.

18 (8) For multimedia related research expenses,

19 $158,656,800, of which—

20 (A) $122,142,900 shall be for Research

21 and Development;

22 (B) $31,513,900 shall be for Program and

23 Research Operations; and

24 (C) $5,000,000 shall be for graduate stu25 dent fellowships.
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1 (9) For program management expenses,

2 $6,399,300, all of which shall be for Program and

3 Research Operations.

4 (10) For pesticide related research,

5 $13,345,200, of which—

6 (A) $7,192,800 shall be for Research and

7 Development; and

8 (B) $6,152,400 shall be for Program and

9 Research Operations.

10 (11) For oil pollution related research,

11 $2,076,900.

12 (12) For research related to leaking under13 ground storage tanks, $769,400.

14 (13) For research related to cleanup of con15 taminated sites, $56,195,500.

16 (14) For research related to hazardous waste,

17 $21,020,200, of which—

18 (A) $10,977,700 shall be for Research and

19 Development; and

20 (B) $10,042,500 shall be for Program and

21 Research Operations.

22 (c) LIMITATIONS.—(1) No funds are authorized to be

23 appropriated by this title for—

24 (A) the Environmental Technology Initiative;

25 (B) the Climate Change Action Plan; or
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1 (C) indoor air pollution research.

2 (2) No sums are authorized to be appropriated for

3 any fiscal year after fiscal year 1996 for the activities for

4 which sums are authorized by this title unless such sums

5 are specifically authorized to be appropriated by Act of

6 Congress with respect to such fiscal year.

7 (3) Notwithstanding any other provision of law, no

8 sums are authorized to be appropriated for fiscal year

9 1996 for the activities for which sums are authorized by

10 this title unless such sums are specifically authorized to

11 be appropriated by this title.

12 SEC. 504. SCIENTIFIC RESEARCH REVIEW.

13 (a) IN GENERAL.—The Administrator shall assign to

14 the Assistant Administrator the duties of—

15 (1) developing a strategic plan for scientific and

16 technical research activities throughout the Agency;

17 (2) integrating that strategic plan into ongoing

18 Agency planning activities; and

19 (3) reviewing all Agency research to ensure the

20 research—

21 (A) is of high quality; and

22 (B) does not duplicate any other research

23 being conducted by the Agency.

24 (b) REPORT.—The Assistant Administrator shall

25 transmit annually to the Administrator and to the Com-
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1 mittee on Science of the House of Representatives and the

2 Committee on Environment and Public Works of the Sen3 ate a report detailing—

4 (1) all Agency research the Assistant Adminis5 trator finds is not of sufficiently high quality; and

6 (2) all Agency research the Assistant Adminis7 trator finds duplicates other Agency research.

8 SEC. 505. PROHIBITION OF LOBBYING ACTIVITIES.

9 None of the funds authorized by this title shall be

10 available for any activity whose purpose is to influence leg11 islation pending before the Congress, except that this shall

12 not prevent officers or employees of the United States or

13 of its departments or agencies from communicating to

14 Members of Congress on the request of any Member or

15 to Congress, through the proper channels, requests for leg16 islation or appropriations which they deem necessary for

17 the efficient conduct of the public business.

18 SEC. 506. ELIGIBILITY FOR AWARDS.

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

20 from consideration for awards of financial assistance made

21 by the Office of Research and Development after fiscal

22 year 1995 any person who received funds, other than those

23 described in subsection (b), appropriated for a fiscal year

24 after fiscal year 1995, from any Federal funding source

25 for a project that was not subjected to a competitive,
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1 merit-based award process. Any exclusion from consider2 ation pursuant to this section shall be effective for a period

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

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

5 awards to persons who are members of a class specified

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

7 class according to a formula provided by law.

8 SEC. 507. GRADUATE STUDENT FELLOWSHIPS.

9 In carrying out the graduate student fellowship pro10 gram for which funds are authorized to be appropriated

11 by this title, the Administrator shall ensure that any fel12 lowship award to a student selected after the date of the

13 enactment of this Act is used only to support research that

14 would further missions of the Office of Research and De15 velopment in fields in which there exists or is projected

16 to exist a shortage in the number of scientists.

17 TITLE VI—TECHNOLOGY

18 Subtitle A—Technology

19 Administration

20 SEC. 601. SHORT TITLE.

21 This title may be cited as the ‘‘American Technology

22 Advancement Act of 1995’’.

23 SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

24 (a) UNDER SECRETARY FOR TECHNOLOGY.—There

25 are authorized to be appropriated for the Office of the
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1 Under Secretary of Commerce for Technology/Office of

2 Technology Policy $5,066,000 for fiscal year 1996.

3 (b) NATIONAL INSTITUTE OF STANDARDS AND

4 TECHNOLOGY.—There are authorized to be appropriated

5 the following:

6 (1) For Scientific and Technical Research and

7 Services of the National Institute of Standards and

8 Technology, $275,579,000 for fiscal year 1996, of

9 which—

10 (A) $39,628,000 shall be for Electronics

11 and Electrical Engineering;

12 (B) $19,565,000 shall be for Manufactur13 ing Engineering;

14 (C) $28,127,000 shall be for Chemical

15 Science and Technology;

16 (D) $28,082,000 shall be for Physics;

17 (E) $54,314,000 shall be for Material

18 Science and Engineering;

19 (F) $13,517,000 shall be for Building and

20 Fire Research;

21 (G) $30,704,000 shall be for Computer

22 Systems;

23 (H) $10,964,000 shall be for Applied

24 Mathematics and Scientific Computing;
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1 (I) $19,109,000 shall be for Technical As2 sistance;

3 (J) $28,169,000 shall be for Research

4 Support; and

5 (K) $3,400,000 shall be for the Malcolm

6 Baldrige National Quality Program under sec7 tion 17 of the Stevenson-Wydler Technology In8 novation Act of 1980 (15 U.S.C. 3711a); and

9 (2) for Construction of Research Facilities of

10 the National Institute of Standards and Technology,

11 $62,055,000 for fiscal year 1996.

12 SEC. 603. NATIONAL INSTITUTE OF STANDARDS AND TECH13 NOLOGY ACT AMENDMENTS.

14 The National Institute of Standards and Technology

15 Act (15 U.S.C. 271 et seq.) is amended—

16 (1) in section 10(a)—

17 (A) by striking ‘‘nine’’ and inserting in lieu

18 thereof ‘‘15’’; and

19 (B) by striking ‘‘five’’ and inserting in lieu

20 thereof ‘‘10’’;

21 (2) in section 15—

22 (A) by striking ‘‘Pay Act of 1945; and’’

23 and inserting in lieu thereof ‘‘Pay Act of

24 1945;’’; and
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1 (B) by inserting ‘‘; and (h) the provision of

2 transportation services for employees of the In3 stitute between the facilities of the Institute

4 and nearby public transportation, notwithstand5 ing section 1344 of title 31, United States

6 Code’’ after ‘‘interests of the Government’’; and

7 (3) in section 19, by striking ‘‘nor more than

8 forty’’ and inserting in lieu thereof ‘‘nor more than

9 60’’.

10 SEC. 604. STEVENSON-WYDLER TECHNOLOGY INNOVATION

11 ACT OF 1980 AMENDMENTS.

12 The Stevenson-Wydler Technology Innovation Act of

13 1980 (15 U.S.C. 3701 et seq.) is amended—

14 (1) in section 11(i) (15 U.S.C. 3710(i))—

15 (A) by inserting ‘‘loan, lease,’’ after ‘‘de16 partment, may’’; and

17 (B) by inserting ‘‘Actions taken under this

18 subsection shall not be subject to Federal re19 quirements on the disposal of property.’’ after

20 ‘‘education and research activities.’’; and

21 (2) in section 17(c) (15 U.S.C. 3711a(c))—

22 (A) by striking paragraph (2);

23 (B) by redesignating paragraph (3) as

24 paragraph (2); and
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1 (C) in paragraph (2), as so redesignated

2 by subparagraph (B) of this paragraph, by

3 striking ‘‘two’’ and inserting in lieu thereof

4 ‘‘4’’.

5 SEC. 605. PERSONNEL.

6 The personnel management demonstration project es7 tablished under section 10 of the National Bureau of

8 Standards Authorization Act for Fiscal Year 1987 (15

9 U.S.C. 275 note) is extended indefinitely.

10 SEC. 606. FASTENER QUALITY ACT AMENDMENTS.

11 (a) SECTION 2 AMENDMENTS.—Section 2 of the Fas12 tener Quality Act (15 U.S.C. 5401) is amended—

13 (1) by striking subsection (a)(4), and redesig14 nating paragraphs (5) through (9) as paragraphs

15 (4) through (8), respectively;

16 (2) in subsection (a)(7), as so redesignated by

17 paragraph (1) of this subsection, by striking ‘‘by lot

18 number’’; and

19 (3) in subsection (b), by striking ‘‘used in criti20 cal applications’’ and inserting in lieu thereof ‘‘in

21 commerce’’.

22 (b) SECTION 3 AMENDMENTS.—Section 3 of the Fas23 tener Quality Act (15 U.S.C. 5402) is amended—

24 (1) in paragraph (1)(B) by striking ‘‘having a

25 minimum tensile strength of 150,000 pounds per
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1 square inch’’ and inserting in lieu thereof ‘‘having a

2 minimum Rockwell C hardness of 40 or above’’;

3 (2) in paragraph (2)—

4 (A) by inserting ‘‘International Organiza5 tion for Standardization,’’ after ‘‘Society of

6 Automotive Engineers,’’; and

7 (B) by inserting ‘‘consensus’’ after ‘‘or any

8 other’’;

9 (3) in paragraph (5)—

10 (A) by inserting ‘‘or’’ after ‘‘standard or

11 specification,’’ in subparagraph (B);

12 (B) by striking ‘‘or’’ at the end of subpara13 graph (C);

14 (C) by striking subparagraph (D); and

15 (D) by inserting ‘‘or produced in accord16 ance with ASTM F 432’’ after ‘‘307 Grade A’’;

17 (4) in paragraph (6) by striking ‘‘other person’’

18 and inserting in lieu thereof ‘‘government agency’’;

19 (5) in paragraph (8) by striking ‘‘Standard’’

20 and inserting in lieu thereof ‘‘Standards’’;

21 (6) by striking paragraph (11) and redesignat22 ing paragraphs (12) through (15) as paragraphs

23 (11) through (14), respectively;

24 (7) in paragraph (13), as so redesignated by

25 paragraph (6) of this subsection, by striking ‘‘, a
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1 government agency’’ and all that follows through

2 ‘‘markings of any fastener’’ and inserting in lieu

3 thereof ‘‘or a government agency’’; and

4 (8) in paragraph (14), as so redesignated by

5 paragraph (6) of this subsection, by inserting ‘‘for

6 the purpose of achieving a uniform hardness’’ after

7 ‘‘quenching and tempering’’.

8 (c) SECTION 4 REPEAL.—Section 4 of the Fastener

9 Quality Act (15 U.S.C. 5403) is repealed.

10 (d) SECTION 5 AMENDMENTS.—Section 5 of the Fas11 tener Quality Act (15 U.S.C. 5404) is amended—

12 (1) in subsection (a)(1)(B) and (2)(A)(i) by

13 striking ‘‘subsections (b) and (c)’’ and inserting in

14 lieu thereof ‘‘subsections (b), (c), and (d)’’;

15 (2) in subsection (c)(2) by striking ‘‘or, where

16 applicable’’ and all that follows through ‘‘section

17 7(c)(1)’’;

18 (3) in subsection (c)(3) by striking ‘‘, such as

19 the chemical, dimensional, physical, mechanical, and

20 any other’’;

21 (4) in subsection (c)(4) by inserting ‘‘except as

22 provided in subsection (d),’’ before ‘‘state whether’’;

23 and

24 (5) by adding at the end the following new sub25 section:
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1 ‘‘(d) ALTERNATIVE PROCEDURE FOR CHEMICAL

2 CHARACTERISTICS.—Notwithstanding the requirements of

3 subsections (b) and (c), a manufacturer shall be deemed

4 to have demonstrated, for purposes of subsection (a)(1),

5 that the chemical characteristics of a lot conform to the

6 standards and specifications to which the manufacturer

7 represents such lot has been manufactured if the following

8 requirements are met:

9 ‘‘(1) The coil or heat number of metal from

10 which such lot was fabricated has been inspected

11 and tested with respect to its chemical characteris12 tics by a laboratory accredited in accordance with

13 the procedures and conditions specified by the Sec14 retary under section 6.

15 ‘‘(2) Such laboratory has provided to the manu16 facturer, either directly or through the metal manu17 facturer, a written inspection and testing report,

18 which shall be in a form prescribed by the Secretary

19 by regulation, listing the chemical characteristics of

20 such coil or heat number.

21 ‘‘(3) The report described in paragraph (2) in22 dicates that the chemical characteristics of such coil

23 or heat number conform to those required by the

24 standards and specifications to which the manufac25 turer represents such lot has been manufactured.
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1 ‘‘(4) The manufacturer demonstrates that such

2 lot has been fabricated from the coil or heat number

3 of metal to which the report described in paragraphs

4 (2) and (3) relates.

5 In prescribing the form of report required by subsection

6 (c), the Secretary shall provide for an alternative to the

7 statement required by subsection (c)(4), insofar as such

8 statement pertains to chemical characteristics, for cases

9 in which a manufacturer elects to use the procedure per10 mitted by this subsection.’’.

11 (e) SECTION 6 AMENDMENT.—Section 6(a)(1) of the

12 Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended

13 by striking ‘‘Within 180 days after the date of enactment

14 of this Act, the’’ and inserting in lieu thereof ‘‘The’’.

15 (f) SECTION 7 AMENDMENTS.—Section 7 of the Fas16 tener Quality Act (15 U.S.C. 5406) is amended—

17 (1) by amending subsection (a) to read as fol18 lows:

19 ‘‘(a) DOMESTICALLY PRODUCED FASTENERS.—It

20 shall be unlawful for a manufacturer to sell any shipment

21 of fasteners covered by this Act which are manufactured

22 in the United States unless the fasteners—

23 ‘‘(1) have been manufactured according to the

24 requirements of the applicable standards and speci25 fications and have been inspected and tested by a
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1 laboratory accredited in accordance with the proce2 dures and conditions specified by the Secretary

3 under section 6; and

4 ‘‘(2) an original laboratory testing report de5 scribed in section 5(c) and a manufacturer’s certifi6 cate of conformance are on file with the manufac7 turer, or under such custody as may be prescribed

8 by the Secretary, and available for inspection,’’;

9 (2) in subsection (c)(2) by inserting ‘‘to the

10 same’’ after ‘‘in the same manner and’’;

11 (3) in subsection (d)(1) by striking ‘‘certificate’’

12 and inserting in lieu thereof ‘‘test report’’; and

13 (4) by striking subsections (e), (f), and (g) and

14 inserting in lieu thereof the following:

15 ‘‘(e) COMMINGLING.—It shall be unlawful for any

16 manufacturer, importer, or private label distributor to

17 commingle like fasteners from different lots in the same

18 container, except that such manufacturer, importer, or

19 private label distributor may commingle like fasteners of

20 the same type, grade, and dimension from not more than

21 two tested and certified lots in the same container during

22 repackaging and plating operations. Any container which

23 contains fasteners from two lots shall be conspicuously

24 marked with the lot identification numbers of both lots.
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1 ‘‘(f) 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 SEC. 612. AVAILABLE FUNDING.

2 Nothing in this title prohibits the National Institute

3 of Standards and Technology from using available funds

4 to perform standards-related research and development

5 activities relating to environmental technologies, health

6 care, information infrastructure, and construction tech7 nologies.

8 TITLE VII—UNITED STATES FIRE

9 ADMINISTRATION

10 SEC. 701 SHORT TITLE.

11 This title may be cited as the ‘‘Fire Administration

12 Authorization Act of 1995’’.

13 SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

14 Section 17(g)(1) of the Federal Fire Prevention and

15 Control Act of 1974 (15 U.S.C. 2216(a)(1)) is amended—

16 (1) by striking ‘‘and’’ at the end of subpara17 graph (E);

18 (2) by striking the period at the end of sub19 paragraph (F) and inserting in lieu thereof a semi20 colon; and

21 (3) by adding at the end the following new sub22 paragraphs:

23 ‘‘(G) $28,000,000 for the fiscal year ending

24 September 30, 1996, which, notwithstanding sub25 section (h), includes any amounts appropriated
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1 under subsection (h) (3) and (4) for fiscal year

2 1996; and

3 ‘‘(H) $28,000,000 for the fiscal year ending

4 September 30, 1997.’’.

5 SEC. 703. FIRE SAFETY SYSTEMS IN ARMY HOUSING.

6 Section 31(c)(1)(A)(ii)(II) is amended by inserting ‘‘,

7 or in the case of housing under the control of the Depart8 ment of the Army, 6 years after such date of enactment’’

9 after ‘‘date of enactment’’.

10 SEC. 704. SUCCESSOR FIRE SAFETY STANDARDS.

11 The Federal Fire Prevention and Control Act of 1974

12 is amended—

13 (1) in section 29(a)(1), by inserting ‘‘, or any

14 successor standard thereto,’’ after ‘‘Association

15 Standard 74’’;

16 (2) in section 29(a)(2), by inserting ‘‘or any

17 successor standards thereto,’’ after ‘‘whichever is ap18 propriate,’’;

19 (3) in section 29(b)(2), by inserting ‘‘, or any

20 successor standards thereto’’ after ‘‘Association

21 Standard 13 or 13–R’’;

22 (4) in section 31(c)(2)(B)(i), by inserting ‘‘or

23 any successor standard thereto,’’ after ‘‘Life Safety

24 Code),’’; and
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1 (5) in section 31(c)(2)(B)(ii), by inserting ‘‘or

2 any successor standard thereto,’’ after ‘‘Association

3 Standard 101,’’.

4 SEC. 705. TERMINATION OR PRIVATIZATION OF FUNC5 TIONS.

6 The Administrator of the United States Fire Admin7 istration shall transmit to Congress a report providing no8 tice at least 60 days in advance of the termination or

9 transfer to a private sector entity of any significant func10 tion of the United States Fire Administration.

11 SEC. 706. REPORT ON BUDGETARY REDUCTION.

12 The Administrator of the United States Fire Admin13 istration shall transmit to Congress, within three months

14 after the date of the enactment of this Act, a report set15 ting forth the manner in which the United States Fire

16 Administration intends to implement the budgetary reduc17 tion represented by the difference between the amount ap18 propriated to the United States Fire Administration for

19 fiscal year 1996 and the amount requested in the Presi20 dent’s budget request for such fiscal year. Such report

21 shall be prepared in consultation with the Alliance for Fire

22 and Emergency Management, the International Associa23 tion of Fire Chiefs, the International Association of Fire

24 Fighters, the National Fire Protection Association, the

25 National Volunteer Fire Council, the National Association
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1 of State Fire Marshals, and the International Association

2 of Arson Investigators.

3 TITLE VIII—BUY AMERICAN

4 SEC. 801. BUY AMERICAN.

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that any recipient of a grant under this Act, or

7 under any amendment made by this Act, should purchase,

8 when available and cost-effective, American made equip9 ment and products when expending grant monies.

10 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In al11 locating grants under this Act, or under any amendment

12 made by this Act, the Secretary shall provide to each re13 cipient a notice describing the statement made in sub14 section (a) by the Congress.

Passed the House of Representatives October 12,

1995.

Attest:

Clerk.

104TH CONGRESS

1ST SESSION H. R. 2405

AN ACT

To authorize appropriations for fiscal years 1996

Federal Government, and for other purposes.and 1997 for civilian science activities of the