SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Omnibus Civilian Science Authorization Act of 1995’’.
(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.
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.
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.
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.
TITLE I—NATIONAL SCIENCE
FOUNDATION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘National Science
Foundation Authorization Act of 1995’’.
SEC. 102. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘Director’’ means the Director of
the Foundation;
(2) the term ‘‘Foundation’’ means the National
Science Foundation;
(3) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965;
(4) the term ‘‘national research facility’’ means
a research facility funded by the Foundation which
is available, subject to appropriate policies allocating
access, for use by all scientists and engineers affili-
ated with research institutions located in the United
States; and
(5) the term ‘‘United States’’ means the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the
United States.
Subtitle A—National Science
Foundation Authorization
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
(a) FINDINGS.—The Congress finds that—
(1) the programs of the Foundation are impor-
tant for the Nation to strengthen basic research and
develop human resources in science and engineering,
and that those programs should be funded at an
adequate level;
(2) the primary mission of the Foundation con-
tinues to be the support of basic scientific research
and science education and the support of research
fundamental to the engineering process and engi-
neering education; and
(3) the Foundation’s efforts to contribute to the
economic competitiveness of the United States
should be in accord with that primary mission.
(b) FISCAL YEAR 1996.—There are authorized to be
appropriated to the Foundation $3,126,000,000 for fiscal
year 1996, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,226,300,000, which shall be available for the fol-
lowing subcategories:
(A) Mathematical and Physical Sciences,
$632,200,000.
(B) Engineering, $311,600,000.
(C) Biological Sciences, $293,300,000.
(D) Geosciences, $408,800,000.
(E) Computer and Information Science
and Engineering, $249,500,000.
(F) Social, Behavioral, and Economic
Sciences, $111,300,000.
(G) United States Polar Research Pro-
grams, $156,000,000.
(H) United States Antarctic Logistical
Support Activities, $62,600,000.
(I) 
Critical 
Technologies 
Institute,
$1,000,000.
(2) Education and Human Resources Activities,
$600,000,000.
(3) Major Research Equipment, $70,000,000.
(4) Academic Research Facilities Moderniza-
tion, $100,000,000.
(5) Salaries and Expenses, $120,000,000.
(6) Office of Inspector General, $4,500,000.
(7) Headquarters Relocation, $5,200,000.
(c) FISCAL YEAR 1997.—There are authorized to be
appropriated to the Foundation $3,171,400,000 for fiscal
year 1997, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,286,200,000.
(2) Education and Human Resources Activities,
$600,000,000.
(3) Major Research Equipment, $55,000,000.
(4) Academic Research Facilities Moderniza-
tion, $100,000,000.
(5) Salaries and Expenses, $120,000,000.
(6) Office of Inspector General, $5,000,000.
(7) Headquarters Relocation, $5,200,000.
SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND
RELATED ACTIVITIES AMOUNTS.
If the amount appropriated pursuant to section
111(b)(1) is less than the amount authorized under that
paragraph, the amount authorized for each subcategory
under that paragraph shall be reduced by the same pro-
portion.
SEC. 113. CONSULTATION AND REPRESENTATION EX-
PENSES.
From appropriations made under authorizations pro-
vided in this title, not more than $10,000 may be used
in each fiscal year for official consultation, representation,
or other extraordinary expenses at the discretion of the
Director. The determination of the Director shall be final
and conclusive upon the accounting officers of the Govern-
ment.
SEC. 114. REPROGRAMMING.
(a) $500,000 OR LESS.—In any given fiscal year, the
Director may transfer appropriated funds among the
subcategories of Research and Related Activities, so long
as the net funds transferred to or from any subcategory
do not exceed $500,000.
(b) GREATER THAN $500,000.—In addition, the Di-
rector may propose transfers to or from any subcategory
exceeding $500,000. An explanation of any proposed
transfer under this subsection must be transmitted in
writing to the Committee on Science of the House of Rep-
resentatives, and the Committees on Labor and Human
Resources and Commerce, Science, and Transportation of
the Senate. The proposed transfer may be made only when
30 calendar days have passed after transmission of such
written explanation.
Subtitle B—General Provisions
SEC. 121. ANNUAL REPORT.
Section 3(f) of the National Science Foundation Act
of 1950 (42 U.S.C. 1862(f)) is amended to read as fol-
lows:
‘‘(f) The Foundation shall provide an annual report
to the President which shall be submitted by the Director
to the Congress at the time of the President’s annual
budget submission. The report shall—
‘‘(1) contain a strategic plan, or an update to
a previous strategic plan, which—
‘‘(A) defines for a three-year period the
overall goals for the Foundation and specific
goals for each major activity of the Foundation,
including each scientific directorate, the edu-
cation directorate, and the polar programs of-
fice; and
‘‘(B) describe how the identified goals re-
late to national needs and will exploit new op-
portunities in science and technology;
‘‘(2) identify the criteria and describe the proce-
dures which the Foundation will use to assess
progress toward achieving the goals identified in ac-
cordance with paragraph (1);
‘‘(3) review the activities of the Foundation
during the preceding year which have contributed to-
ward achievement of goals identified in accordance
with paragraph (1) and summarize planned activities
for the coming three years in the context of the
identified goals, with particular emphasis on the
Foundation’s planned contributions to major multi-
agency research and education initiatives;
‘‘(4) contain such recommendations as the
Foundation considers appropriate; and
‘‘(5) include information on the acquisition and
disposition by the Foundation of any patents and
patent rights.’’.
SEC. 122. NATIONAL RESEARCH FACILITIES.
(a) FACILITIES PLAN.—The Director shall provide to
Congress annually, as a part of the report required under
section 3(f) of the National Science Foundation Act of
1950, a plan for the proposed construction of, and repair
and upgrades to, national research facilities. The plan
shall include estimates of the cost for such construction,
repairs, and upgrades, and estimates of the cost for the
operation and maintenance of existing and proposed new
facilities. For proposed new construction and for major
upgrades to existing facilities, the plan shall include fund-
ing profiles by fiscal year and milestones for major phases
of the construction. The plan shall include cost estimates
in the categories of construction, repair, and upgrades for
the year in which the plan is submitted to Congress and
for not fewer than the succeeding 4 years.
(b) LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.—No funds appropriated for any project
which involves construction of new national research facili-
ties or construction necessary for upgrading the capabili-
ties of existing national research facilities shall be obli-
gated unless the funds are specifically authorized for such
purpose by this title or any other Act which is not an ap-
propriations Act, or unless the total estimated cost to the
Foundation of the construction project is less than
$50,000,000. This subsection shall not apply to construc-
tion projects approved by the National Science Board
prior to June 30, 1994.
SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.
Section 203(b) of the Academic Research Facilities
Modernization Act of 1988 is amended by striking the
final sentence of paragraph (3) and inserting in lieu there-
of the following: ‘‘The Director shall give priority to insti-
tutions or consortia that have not received such funds in
the preceding 5 years, except that this sentence shall not
apply to previous funding received for the same multiyear
project.’’.
SEC. 124. ADMINISTRATIVE AMENDMENTS.
(a) NATIONAL SCIENCE FOUNDATION ACT OF 1950
AMENDMENTS.—The National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.) is amended—
(1) by redesignating the subsection (k) of sec-
tion 4 (42 U.S.C. 1863(k)) that was added by sec-
tion 108 of the National Science Foundation Au-
thorization Act of 1988 as subsection (l);
(2) in section 5(e) (42 U.S.C. 1864(e)) by
amending paragraph (2) to read as follows:
‘‘(2) Any delegation of authority or imposition of con-
ditions under paragraph (1) shall be promptly published
in the Federal Register and reported to the Committees
on Labor and Human Resources and Commerce, Science,
and Transportation of the Senate and the Committee on
Science of the House of Representatives.’’;
(3) by inserting ‘‘be entitled to’’ between
‘‘shall’’ and ‘‘receive’’, and by inserting ‘‘, including
traveltime,’’ after ‘‘Foundation’’ in section 14(c) (42
U.S.C. 1873(c));
(4) by striking section 14(j) (42 U.S.C.
1873(j)); and
(48 Fed. Reg. 15754, April 12, 1983), relating to the use
and operation of Foundation-supported research instru-
mentation and facilities, in its notice of Grant General
Conditions, and shall examine more closely the adherence
of grantee organizations to such guidelines.
SEC. 127. FINANCIAL DISCLOSURE.
Persons temporarily employed by or at the Founda-
tion shall be subject to the same financial disclosure re-
quirements and related sanctions under the Ethics in Gov-
ernment Act of 1978 as are permanent employees of the
Foundation in equivalent positions.
SEC. 128. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE
DUTY.
In order to be eligible to receive funds from the Foun-
dation after September 30, 1995, an institution of higher
education must provide that whenever any student of the
institution who is a member of the National Guard, or
other reserve component of the Armed Forces of the
United States, is called or ordered to active duty, other
than active duty for training, the institution shall grant
the member a military leave of absence from their edu-
cation. Persons on military leave of absence from their in-
stitution shall be entitled, upon release from military duty,
to be restored to the educational status they had attained
prior to their being ordered to military duty without loss
of academic credits earned, scholarships or grants award-
ed, or tuition and other fees paid prior to the commence-
ment of the military duty. It shall be the duty of the insti-
tution to refund tuition or fees paid or to credit the tuition
and fees to the next semester or term after the termi-
nation of the educational military leave of absence at the
option of the student.
SEC. 129. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
SEC. 130. SCIENCE STUDIES INSTITUTE.
(a) AMENDMENT.—Section 822 of the National De-
fense Authorization Act for Fiscal 1991 (42 U.S.C. 6686)
is amended—
(1) by striking ‘‘Critical Technologies Institute’’
in the section heading and in subsection (a), and in-
serting in lieu thereof ‘‘Science Studies Institute’’;
(2) in subsection (b) by striking ‘‘As deter-
mined by the chairman of the committee referred to
in subsection (c), the’’ and inserting in lieu thereof
‘‘The’’;
(3) by striking subsection (c), and redesignating
subsections (d), (e), (f), and (g) as subsections (c),
(d), (e), and (f), respectively;
(4) in subsection (c), as so redesignated by
paragraph (3) of this subsection—
(A) by inserting ‘‘science and’’ after ‘‘de-
velopments and trends in’’ in paragraph (1);
(B) by striking ‘‘with particular emphasis’’
in paragraph (1) and all that follows through
the end of such paragraph and inserting in lieu
thereof ‘‘and developing and maintaining rel-
evant informational and analytical tools.’’;
(C) by striking ‘‘to determine’’ and all that
follows through ‘‘technology policies’’ in para-
graph (2) and inserting in lieu thereof ‘‘with
particular attention to the scope and content of
the Federal science and technology research
and develop portfolio as it affects interagency
and national issues’’;
(D) by amending paragraph (3) to read as
follows:
‘‘(3) Initiation of studies and analysis of alter-
natives available for ensuring the long-term strength
of the United States in the development and applica-
tion of science and technology, including appropriate
roles for the Federal Government, State govern-
ments, private industry, and institutions of higher
education in the development and application of
science and technology.’’;
(E) by inserting ‘‘science and’’ after ‘‘Ex-
ecutive branch on’’ in paragraph (4)(A); and
(F) by amending paragraph (4)(B) to read
as follows:
‘‘(B) to the interagency committees and
panels of the Federal Government concerned
with science and technology.’’;
(5) in subsection (d), as so redesignated by
paragraph (3) of this subsection, by striking ‘‘sub-
section (d)’’ and inserting in lieu thereof ‘‘subsection
(c)’’; and
(6) by amending subsection (f), as so redesig-
nated by paragraph (3) of this subsection, to read
as follows:
‘‘(f) SPONSORSHIP.—The Director of the Office of
Science and Technology Policy shall be the sponsor of the
Institute.’’.
(b) CONFORMING USAGE.—All references in Federal
law or regulations to the Critical Technologies Institute
shall be considered to be references to the Science Studies
Institute.
SEC. 131. EDUCATIONAL IMPACT.
(a) FINDINGS.—The Congress finds that—
(1) Federal research funds made available to
institutions of higher education often create incen-
tives for such institutions to emphasize research over
undergraduate teaching and to narrow the focus of
their graduate programs; and
(2) National Science Foundation funds for Re-
search and Related Activities should be spent in the
manner most likely to improve the quality of under-
graduate and graduate education in institutions of
higher education.
(b) EDUCATIONAL IMPACT.—(1) The impact that a
grant or cooperative agreement by the National Science
Foundation would have on undergraduate and graduate
education at an institution of higher education shall be
a factor in any decision whether to award such grant or
agreement to that institution.
(2) Paragraph (1) shall be effective with respect to
any grant or cooperative agreement awarded after Sep-
tember 30, 1996.
(c) REPORT.—The Director shall provide a plan for
the implementation of subsection (b) of this section, no
later than December 31, 1995, to the Committee on
Science of the House of Representatives and the Commit-
tee on Commerce, Science, and Transportation and the
Committee on Labor and Human Resources of the Senate.
SEC. 132. DIVISIONS OF THE FOUNDATION.
(a) AMENDMENT.—Section 8 of the National Science
Foundation Act of 1950 (42 U.S.C. 1866) is amended by
inserting ‘‘The Director may appoint, in consultation with
the Board, not more than 6 Assistant Directors to assist
in managing the Divisions.’’ after ‘‘time to time deter-
mine.’’.
(b) REPORT.—By November 15, 1995, the Director
shall transmit to the Congress a report on the reorganiza-
tion of the National Science Foundation required as a re-
sult of the amendment made by subsection (a).
SEC. 133. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1996 for the activities for which sums are authorized by
this title unless such sums are specifically authorized to
be appropriated by this title.
quested, the National Aeronautics and Space Admin-
istration should aggressively pursue actions and re-
forms directed at reducing institutional costs, includ-
ing management restructuring, facility consolidation,
procurement reform, personnel base downsizing, and
convergence with other defense and private sector
systems.
(3) While institutional reforms, restructurings,
and downsizing hold the promise of comporting the
projected needs of the National Aeronautics and
Space Administration with funding levels requested
by the Administration, such reforms provide no
guarantee against cancellation of missions in the
event reform efforts fail to achieve cost reduction
targets.
(4) The National Aeronautics and Space Ad-
ministration must reverse its current trend toward
becoming an operational agency, and return to its
proud history as the Nation’s leader in basic sci-
entific air and space research.
(5) Commercial space activity is in a delicate
state of growth but has the potential to eclipse Fed-
eral space activity in its economic return to the Na-
tion if not stifled.
(6) The United States is on the verge of creat-
ing and using new technologies in microsatellites, in-
formation processing, and space launch that could
radically alter the manner in which the Government
approaches its space mission.
(7) The overwhelming preponderance of the
Federal Government’s requirements for routine, non-
emergency manned and unmanned space transpor-
tation can be most effectively, efficiently, and eco-
nomically met by a free and competitive market in
privately developed and operated launch services.
(8) In formulating a national space transpor-
tation service policy, the National Aeronautics and
Space Administration should aggressively pursue re-
verse contracting opportunities to support the pri-
vate sector development of advanced space transpor-
tation technologies including reusable space vehicles,
single-stage-to-orbit vehicles, and manner space sys-
tems.
(9) International cooperation in space explo-
ration and science activities serves the United States
national interest—
(A) when it—
(i) reduces the cost of undertaking
missions the United States Government
would pursue unilaterally;
(ii) enables the United States to pur-
sue missions that it could not otherwise af-
ford to pursue unilaterally; or
(iii) enhances United States capabili-
ties to use and develop space for the bene-
fit of United States citizens; and
(B) when it does not—
(i) otherwise harm or interfere with
the ability of United States private sector
firms to develop or explore space commer-
cially;
(ii) interfere with the ability of Fed-
eral agencies to use space to complete their
missions;
(iii) undermine the ability of United
States private enterprise to compete favor-
ably with foreign entities in the commercial
space arena; or
(iv) transfer sensitive or commercially
advantageous technologies or knowledge
from the United States to other countries
or foreign entities except as required by
those countries or entities to make their
contribution to a multilateral space project
in partnership with the United States, or
on a quid pro quo basis.
(10) The National Aeronautics and Space Ad-
ministration and the Department of Defense can co-
operate more effectively in leveraging their mutual
capabilities to conduct joint space missions that im-
prove United States space capabilities and reduce
the cost of conducting space missions.
SEC. 203. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Aeronautics and Space
Administration; and
(2) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
Subtitle B—Authorization of
Appropriations
CHAPTER 1—AUTHORIZATIONS
SEC. 211. HUMAN SPACE FLIGHT.
(a) AUTHORIZATIONS.—There are authorized to be
appropriated to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 for Human Space Flight
the following amounts:
(1) 
For 
Space 
Shuttle 
Operations,
$2,341,800,000.
(2) For Space Shuttle Safety and Performance
Upgrades, $837,000,000.
(3) For Payload and Utilization Operations,
$315,000,000.
(4) For Russian Cooperation, $100,000,000.
(b) CONSTRUCTION
OF FACILITIES.—(1) Of the
funds authorized to be appropriated under subsection
(a)(2), $5,000,000 are authorized for modernization of the
Firex Systems, Pads A and B, Kennedy Space Center.
(2) Of the funds authorized to be appropriated under
subsection (a)(2), $7,500,000 are authorize for replace-
ment of the Chemical Analysis Facility, Kennedy Space
Center.
(3) Of the funds authorized to be appropriated under
subsection (a)(2), $4,900,000 are authorized for replace-
ment of the Space Shuttle Main Engine Processing Facil-
ity, Kennedy Space Center.
SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
(a) AUTHORIZATIONS.—There are authorized to be
appropriated to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 for Science, Aeronautics,
and Technology the following amounts:
(1) For Space Science, $1,995,400,000, of
which—
(A) $1,167,600,000 are authorized for
Physics and Astronomy, of which $51,500,000
shall be for the Gravity Probe B, except that no
funds are authorized for the Space Infrared
Telescope Facility; and
(B) $827,800,000 are authorized for Plan-
etary Exploration, of which $30,000,000 shall
be for the New Millennium Spacecraft, includ-
ing $5,000,000 for the National Aeronautics
and Space Administration’s participation in
Clementine 2 (Air Force Program Element
0603401F Advanced Spacecraft Technology).
(2) For Life and Microgravity Sciences and Ap-
plications, 
$293,200,000, 
of 
which 
at 
least
$2,000,000 is reserved for research and early detec-
tion systems for breast and ovarian cancer and other
women’s health issues.
(3) 
For 
Mission 
to 
Planet 
Earth,
$1,013,100,000, of which $21,500,000 shall only be
for activities described in section 248(b)(7)(A), ex-
cept that no funds are authorized for the Consor-
tium for International Earth Science Information
Network (except as provided in section 217) or the
Topex Poseidon Follow-On mission. Funds author-
ized by this paragraph may not be expended to du-
plicate private sector or other Federal activities or to
procure systems to provide data unless the Adminis-
trator certifies to Congress that no private sector or
Federal entity can provide suitable data in a timely
manner. Notwithstanding any other provision of law,
funds in excess of those authorized by this para-
graph may not be obligated for Mission to Planet
Earth.
(4) 
For 
Space 
Access 
and 
Technology,
$639,800,000 of which—
(A) $193,000,000 are authorized for Ad-
vanced Space Transportation;
(B) $10,000,000 are authorized to be
made available for defraying the costs of con-
verting or redesigning commercially inconsistent
elements of former Federal facilities or to take
actions required for conformance with Federal
laws or regulations relating to commercial space
transportation infrastructure, to remain avail-
able until expended;
(C) $20,000,000 shall be for continuing
the Launch Voucher Demonstration Program
authorized under section 504 of the National
Aeronautics and Space Administration Author-
ization Act, Fiscal Year 1993(15 U.S.C. 5803);
and
(D) $33,900,000 are authorized for the
Small Spacecraft Technology Initiative, except
that funds for such Initiative may not be ex-
pended to duplicate private sector activities or
to fund any activities that a private sector en-
tity is proposing to carry out for commercial
purposes. No funds are authorized under this
paragraph for the Partnership for Next Genera-
tion Vehicle.
(5) For Aeronautical Research and Technology,
$826,900,000, of which—
(A) $354,700,000 are authorized for Re-
search and Technology Base activities;
(B) $245,500,000 are authorized for High
Speed Research;
(C) $133,000,000 are authorized for Ad-
vanced Subsonic Technology, except that no
funds are authorized for concept studies for Ad-
vanced Traffic Management and Affordable De-
sign and Manufacturing;
(D) $40,200,000 are authorized for High-
Performance Computing and Communications;
and
(E) $48,100,000 are authorized for Nu-
merical Aerodynamic Simulation.
(6) For Mission Communication Services,
$461,300,000.
(7) For Academic Programs, $102,200,000.
(b) CONSTRUCTION
OF FACILITIES.—(1) Of the
funds authorized to be appropriated under subsection
(a)(3), $17,000,000 are authorized for construction of the
Earth Systems Science Building, Goddard Space Flight
Center.
(2) Of the funds authorized to be appropriated under
subsection (a)(5), $5,400,000 are authorized for mod-
ernization of the Unitary Plan Wind Tunnel Complex,
Ames Research Center.
(3) Of the funds authorized to be appropriated under
subsection (a)(2), $3,000,000 are authorized for the con-
struction of an addition to the Microgravity and Develop-
ment Laboratory, Marshall Space Flight Center.
SEC. 213. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1996 for Mission Support the following amounts:
(1) For Safety, Reliability, and Quality Assur-
ance, $37,600,000.
(2) 
For 
Space 
Communication 
Services,
$319,400,000.
(3) For Construction of Facilities, including
land acquisition, $152,600,000, of which—
(A) $6,300,000 shall be for restoration of
Flight Systems Research Laboratory, Ames Re-
search Center;
(B) $3,000,000 shall be for restoration of
chilled water distribution system, Goddard
Space Flight Center;
(C) $4,800,000 shall be for replacing
chillers, various buildings, Jet Propulsion Lab-
oratory;
(D) $1,100,000 shall be for rehabilitation
of electrical distribution system, White Sands
Test Facility, Johnson Space Center;
(E) $4,200,000 shall be for replacement of
main substation switchgear and circuit break-
ers, Johnson Space Center;
(F) $1,800,000 shall be for replacement of
15kV load break switches, Kennedy Space Cen-
ter;
(G) $9,000,000 shall be for rehabilitation
of Central Air Equipment Building, Lewis Re-
search Center;
(H) $4,700,000 shall be for restoration of
high pressure air compressor system, Marshall
Space Flight Center;
(I) $6,800,000 shall be for restoration of
Information and Electronic Systems Labora-
tory, Marshall Space Flight Center;
(J) $1,400,000 shall be for restoration of
canal lock, Stennis Space Center;
(K) $2,500,000 shall be for restoration of
primary electrical distribution systems, Wallops
Flight Facility;
(L) $30,000,000 shall be for repair of fa-
cilities at various locations, not in excess of
$1,500,000 per project;
(M) $30,000,000 shall be for rehabilitation
and modification of facilities at various loca-
tions, not in excess of $1,500,000 per project;
(N) $2,000,000 shall be for minor con-
struction of new facilities and additions to exist-
ing facilities at various locations, not in excess
of $750,000 per project;
(O) $10,000,000 shall be for facility plan-
ning and design not otherwise provided for; and
(P) $35,000,000 shall be for environmental
compliance and restoration.
(4) For Research and Program Management,
including personnel and related costs, travel, and re-
search operations support, $2,094,800,000.
SEC. 214. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General, $17,300,000 for fiscal year 1996.
SEC. 215. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this subtitle,
the total amount authorized to be appropriated to the Na-
tional Aeronautics and Space Administration under this
title shall not exceed $11,547,400,000 for fiscal year
1996.
SEC. 216. ADDITIONAL AUTHORIZATION AND CORRESPOND-
ING REDUCTION.
(a) AUTHORIZATION.—In addition to amounts au-
thorized by section 212(a)(3), there are authorized to be
appropriated to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 for Mission to Planet
Earth $274,360,000, to be derived from amounts other-
wise authorized by this title.
(b) OPERATING PLAN.—The Administrator shall,
within 30 days after the later of—
(1) the date of the enactment of this Act; and
(2) the date of the enactment of the Act mak-
ing appropriations for the National Aeronautics and
Space Administration for fiscal year 1996,
transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate an operating
plan which identifies which amounts will be transferred
pursuant to subsection (a).
(c) LIMITATION
ON OBLIGATION
AND EXPENDI-
TURE.—None of the funds authorized by subsection (a)
shall be available for obligation or expenditure until—
(1) the National Academy of Sciences has con-
ducted a comprehensive review of the Mission to
Planet Earth program as part of its study of the
United States Global Change Research Program;
(2) the Administrator has reported to the Com-
mittee on Science of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate a plan for implement-
ing the study’s recommendations and a formal re-
quest for all or part of such funds; and
(3) 90 legislative days have passed after the re-
port is transmitted under paragraph (2).
SEC. 217. LIMITED AVAILABILITY.
Nothing in this title shall interfere with the rights
of any parties under contracts. Nothing in this title shall
preclude the Consortium for International Earth Science
Information Network from receiving a contract awarded
following a full and open competition.
CHAPTER 2—RESTRUCTURING THE NA-
TIONAL AERONAUTICS AND SPACE AD-
MINISTRATION
SEC. 221. FINDINGS.
The Congress finds that—
(1) the restructuring of the National Aero-
nautics and Space Administration is essential to ac-
complishing the space missions of the United States
while simultaneously balancing the Federal budget;
(2) to restructure the National Aeronautics and
Space Administration rapidly without reducing mis-
sion content and safety requires objective financial
judgment;
(3) no effort has been undertaken by the Na-
tional Aeronautics and Space Administration to per-
form a formal economic review of its missions and
the Federal assets that support them;
(4) therefore it is premature and unwarranted
to attempt closing any National Aeronautics and
Space Administration field center until an asset-
based review of United States space missions and
capabilities to support them is performed; and
(5) cost savings from the closing of National
Aeronautics and Space Administration field centers
are speculative and potentially injurious to mission
goals, unless derived from an asset-based analysis.
SEC. 222. ASSET-BASED REVIEW.
(a) REQUEST FOR PROPOSALS.—Not later than 30
days after the date of the enactment of this Act, the Ad-
ministrator shall publish in the Commerce Business Daily
a request for proposals to perform a National Aeronautics
and Space Administration asset-based review.
(b) QUALIFIED PROPOSALS.—Qualified proposals to
perform the asset-based review under this section shall be
from United States persons whose primary business is cor-
porate financial strategy, investment banking, accounting,
or asset management. All proposals shall, at a minimum,
propose to review, for each capital asset owned by the Na-
tional Aeronautics and Space Administration—
(1) its primary function or purpose in relation-
ship to a program, mission, or activity of the Na-
tional Aeronautics and Space Administration;
(2) the existence of other capital assets which
duplicate or overlap with such function or purpose;
(3) the Federal and non-Federal users thereof;
and
(4) its necessity to carry out a program, mis-
sion, or activity of the National Aeronautics and
Space Administration.
(c) REPORT.—The contractor selected to perform the
asset-based review under this section shall complete such
review and transmit to the Administrator and the Con-
gress, no later than July 31, 1996, a report containing,
at a minimum—
(1) for each National Aeronautics and Space
Administration field center facility—
(A) a list of capital assets that should be
permanently retired or disposed of;
(B) a list of capital assets that may be
transferred to non-Federal institutions and cor-
porations, if the transfer of such asset is cost
effective; and
(C) a list of capital assets essential to the
conduct of National Aeronautics and Space Ad-
ministration programs, missions, or activities,
and a justification for retaining the asset;
(2) for each National Aeronautics and Space
Administration program element—
(A) a list of capital assets essential to the
conduct of the program element; and
(B) a plan for achieving the most cost-ef-
fective consolidation and efficient use of nec-
essary capital assets to support such program
element, including the use of non-Federal assets
where appropriate; and
(3) for each National Aeronautics and Space
Administration capital asset—
(A) the total annual cost of maintaining
and operating such capital asset, including Fed-
eral employee and contractor costs;
(B) the depreciated cost, replacement cost,
and salvage value; and
(C) the most cost-effective strategy for
maintaining, replacing, upgrading, or disposing
of the capital asset, as appropriate.
(d) IMPLEMENTATION.—The Administrator shall
consider the results of the asset-based review conducted
under this section, and based on the Administrator’s rec-
ommendations, the President shall propose to Congress
legislation required to implement those recommendations
no later than September 30, 1996.
(e) CLOSING OF FIELD CENTERS.—The Adminis-
trator shall not close any National Aeronautics and Space
Administration field center until after the asset-based re-
view report is transmitted under subsection (c), and may
only close field centers that would become obsolete as a
result of the implementation of the Administrator’s rec-
ommendations, and may do so only after enactment of leg-
islation implementing those recommendations.
CHAPTER 3—LIMITATIONS AND SPECIAL
AUTHORITY
SEC. 231. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated under
sections 211(a), 212(a), and 213 (1) and (2), and funds
appropriated for research operations support under sec-
tion 213(4), may be used for the construction of new fa-
cilities and additions to, repair of, rehabilitation of, or
modification of existing facilities at any location in support
of the purposes for which such funds are authorized.
(b) LIMITATION.—None of the funds pursuant to
subsection (a) may be expended for a project, the esti-
mated cost of which to the National Aeronautics and
Space Administration, including collateral equipment, ex-
ceeds $500,000, until 30 days have passed after the Ad-
ministrator has notified the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate of the
nature, location, and estimated cost to the National Aero-
nautics and Space Administration of such project.
(c) TITLE TO FACILITIES.—If funds are used pursu-
ant to subsection (a) for grants to institutions of higher
education, or to nonprofit organizations whose primary
purpose is the conduct of scientific research, for purchase
or construction of additional research facilities, title to
such facilities shall be vested in the United States unless
the Administrator determines that the national program
of aeronautical and space activities will best be served by
vesting title in the grantee institution or organization.
Each such grant shall be made under such conditions as
the Administrator shall determine to be required to ensure
that the United States will receive therefrom benefits ade-
quate to justify the making of that grant.
SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under chapter 1 may remain available
without fiscal year limitation.
SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized under
any paragraph of section 211(b), 212(b), or 213(3)—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(2) may be varied upward by 25 percent, to
meet unusual cost variations, after the expiration of
15 days following a report on the circumstances of
such action by the Administrator to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate.
The aggregate amount authorized to be appropriated
under sections 211(b), 212(b) and 213(3) shall not be in-
creased as a result of actions authorized under paragraphs
(1) and (2) of this subsection.
(b) SPECIAL RULE.—Where the Administrator deter-
mines that new developments in the national program of
aeronautical and space activities have occurred; and that
such developments require the use of additional funds for
the purposes of construction, expansion, or modification
of facilities at any location; and that deferral of such ac-
tion until the enactment of the next National Aeronautics
and Space Administration Authorization Act would be in-
consistent with the interest of the Nation in aeronautical
and space activities, the Administrator may use up to
$10,000,000 of the amounts authorized under section
211(b), 212(b), or 213(3) for each fiscal year for such
purposes. No such funds may be obligated until a period
of 30 days has passed after the Administrator has trans-
mitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives a written report
describing the nature of the construction, its costs, and
the reasons therefor.
SEC. 234. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law—
(1) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program for which the President’s annual
budget request included a request for funding, but
for which the Congress denied or did not provide
funding;
(2) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program in excess of the amount actually
authorized for the particular program by October 1;
and
(3) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program which has not been presented to
the Congress in the President’s annual budget re-
quest or the supporting and ancillary documents
thereto,
unless a period of 30 days has passed after the receipt
by the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate of notice given by the Ad-
ministrator containing a full and complete statement of
the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed ac-
tion. The National Aeronautics and Space Administration
shall keep the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate fully and currently in-
formed with respect to all activities and responsibilities
within the jurisdiction of those committees. Except as oth-
erwise provided by law, any Federal department, agency,
or independent establishment shall furnish any informa-
tion requested by either committee relating to any such
activity or responsibility.
SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) REPORTS TO CONGRESS.—Not later than 30 days
after the later of the date of enactment of an Act making
appropriations to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 and the date of enact-
ment of this Act, the Administrator shall submit a report
to Congress and to the Comptroller General which speci-
fies—
(1) the portion of such appropriations which are
for programs, projects, or activities not authorized
under chapter 1 of this subtitle, or which are in ex-
cess of amounts authorized for the relevant program,
project, or activity under this title; and
(2) the portion of such appropriations which are
authorized under this title.
(b) FEDERAL REGISTER NOTICE.—The Adminis-
trator shall, coincident with the submission of the report
required by subsection (a), publish in the Federal Register
a notice of all programs, projects, or activities for which
funds are appropriated but which were not authorized
under this title, and solicit public comment thereon re-
garding the impact of such programs, projects, or activi-
ties on the conduct and effectiveness of the national aero-
nautics and space program.
(c) LIMITATION.—Notwithstanding any other provi-
sion of law, no funds may be obligated for any programs,
projects, or activities of the National Aeronautics and
Space Administration for fiscal year 1996 not authorized
under this title until 30 days have passed after the close
of the public comment period contained in the notice re-
quired in subsection (b).
SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 212 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
SEC. 237. LIMITATION ON TRANSFERS TO RUSSIA.
(a) LIMITATION.—No funds authorized to be appro-
priated to the National Aeronautics and Space Adminis-
tration for fiscal year 1996 may be paid or otherwise
transferred to Russia unless—
(1) the payment or transfer is authorized by
this title;
(2) the payment or transfer is made in ex-
change for goods or services that have been provided
to the National Aeronautics and Space Administra-
tion in accordance with a written agreement between
the National Aeronautics and Space Administration
and Russia;
(3) the Government of the Russian Federation
agrees to provide a monthly report to the National
Aeronautics and Space Administration during the
term of such written agreement, that fully accounts
for the disposition of the funds paid or transferred,
including information with respect to the preceding
month on—
(A) the amount of the funds received, and
the date of receipt;
(B) the amount of the funds converted
from United States currency, the currency into
which the funds have been converted, and the
date and rate of conversion;
(C) the amount of non-United States cur-
rency, and of United States currency, that is
disbursed to any contractor or subcontractor,
the identity of such contractor or subcontractor,
and the date of disbursement; and
(D) the balance of the funds not disbursed
as of the date of the report;
(4) Russia has provided all monthly reports
with respect to which an agreement was made pur-
suant to paragraph (3); and
(5) the President, before such payment or
transfer and annually upon submission of the Presi-
dent’s budget request for fiscal years after fiscal
year 1996, has certified to the Congress that—
(A) the presence of any troops of the Rus-
sian Federation or the Commonwealth of Inde-
pendent States; and
(B) any action by the Russian Federation
or the Commonwealth of Independent States, in
Estonia, Latvia, Lithuania, or any other inde-
pendent state of the former Soviet Union do not
violate the sovereignty of those independent
states.
(b) DEFINITION.—For purposes of this section, the
term ‘‘Russia’’ means the Government of the Russian
Federation, the Russian Space Agency, or any agency or
instrumentality of the Government of the Russian Federa-
tion or the Russian Space Agency.
Subtitle C—Miscellaneous
Provisions
SEC. 241. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites
and reentry sites, and reentries.’’;
and
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
(2) in section 70101—
(A) by inserting ‘‘microgravity research,’’
after ‘‘information services,’’ in subsection
(a)(3);
(B) by inserting ‘‘, reentry,’’ after ‘‘launch-
ing’’ both places it appears in subsection (a)(4);
(C) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (a)(5);
(D) by inserting ‘‘and reentry services‘’
after ‘‘launch services’’ in subsection (a)(6);
(E) by inserting ‘‘, reentries,’’ after
‘‘launches’’ both places it appears in subsection
(a)(7);
(F) by inserting ‘‘, reentry sites,’’ after
‘‘launch sites’’ in subsection (a)(8);
(G) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(8);
(H) by inserting ‘‘reentry sites,’’ after
‘‘launch sites,’’ in subsection (a)(9);
(I) by inserting ‘‘and reentry site’’ after
‘‘launch site’’ in subsection (a)(9);
(J) by inserting ‘‘reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (b)(2);
(K) by striking ‘‘launch’’ in subsection
(b)(2)(A);
(L) by inserting ‘‘and reentry’’ after ‘‘com-
mercial launch’’ in subsection (b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ in subsection (b)(4);
(3) in section 70102—
(A) by inserting ‘‘from Earth’’ after ‘‘and
any payload’’ in paragraph (3);
(B) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(C) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return or
attempt to return, purposefully, a reentry vehicle
and its payload, if any, from Earth orbit, from exo-
atmospheric flight, or from outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to return from
outer space or exo-atmospheric flight to Earth, sub-
stantially intact.’’; and
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(B) of this paragraph;
(4) in section 70103(b)—
(A) by inserting ‘‘AND REENTRIES’’ after
‘‘LAUNCHES’’ in the subsection heading;
(B) by inserting ‘‘and reentries’’ after
‘‘space launches’’ in paragraph (1); and
(C) by inserting ‘‘and reentry’’ after
‘‘space launch’’ in paragraph (2);
(5) in section 70104—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70104. Restrictions on launches, operations, and
reentries’’;
(B) by inserting ‘‘or reentry site, or reen-
ter a reentry vehicle,’’ after ‘‘operate a launch
site’’ each place it appears in subsection (a);
(C) by inserting ‘‘or reentry’’ after ‘‘launch
or operation’’ in subsection (a)(3) and (4);
(D) in subsection (b)—
(i) by striking ‘‘launch license’’ and
inserting in lieu thereof ‘‘license’’;
(ii) by inserting ‘‘or reenter’’ after
‘‘may launch’’; and
(iii) by inserting ‘‘or reentering’’ after
‘‘related to launching’’; and
(E) in subsection (c)—
(i) by amending the subsection head-
ing to read as follows: ‘‘PREVENTING
LAUNCHES AND REENTRIES.—’’;
(ii) by inserting ‘‘or reentry’’ after
‘‘prevent the launch’’; and
(iii) by inserting ‘‘or reentry’’ after
‘‘decides the launch’’;
(6) in section 70105—
(A) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (b)(1); and
(B) by striking ‘‘or operation’’ and insert-
ing in lieu thereof ‘‘, operation, or reentry’’ in
subsection (b)(2)(A);
(7) in section 70106(a)—
(A) by inserting ‘‘or reentry site’’ after
‘‘observer at a launch site’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’;
(8) in section 70108—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70108. 
Prohibition, 
suspension, 
and 
end 
of
launches, operation of launch sites and
reentry sites, and reentries’’;
and
(B) in subsection (a)—
(i) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘oper-
ation of a launch site’’; and
(ii) by inserting ‘‘or reentry’’ after
‘‘launch or operation’’;
(9) in section 70109—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70109. Preemption of scheduled launches or reen-
tries’’;
(B) in subsection (a)—
(i) by inserting ‘‘or reentry’’ after
‘‘ensure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date
commitment’’ after ‘‘launch date commit-
ment’’;
(iv) by inserting ‘‘or reentry’’ after
‘‘obtained for a launch’’;
(v) by inserting ‘‘, reentry site,’’ after
‘‘access to a launch site’’;
(vi) by inserting ‘‘, or services related
to a reentry,’’ after ‘‘amount for launch
services’’; and
(vii) by inserting ‘‘or reentry’’ after
‘‘the scheduled launch’’; and
(C) in subsection (c), by inserting ‘‘or re-
entry’’ after ‘‘prompt launching’’;
(10) in section 70110—
(A) by inserting ‘‘or reentry’’ after ‘‘pre-
vent the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (a)(3)(B);
(11) in section 70111—
(A) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(B) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(C) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(E) by striking ‘‘or its payload for launch’’
in subsection (d) and inserting in lieu thereof
‘‘or reentry vehicle, or the payload of either, for
launch or reentry’’; and
(F) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (d);
(12) in section 70112—
(A) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(B) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (a)(4);
(C) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(D) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
(E) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(F) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e);
(13) in section 70113(a)(1) and (d)(1) and (2),
by inserting ‘‘or reentry’’ after ‘‘one launch’’ each
place it appears;
(14) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘launch vehicle’’ both places it appears;
(15) in section 70117—
(A) by inserting ‘‘or reentry site or reenter
a reentry vehicle’’ after ‘‘operate a launch site’’
in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN
IMPORT.—A launch vehicle, reentry vehicle, or payload
that is launched or reentered is not, because of the launch
or reentry, an export or import, respectively, for purposes
of a law controlling exports or imports.’’; and
(D) in subsection (g)—
(i) by striking ‘‘operation of a launch
vehicle or launch site,’’ in paragraph (1)
and inserting in lieu thereof ‘‘reentry, op-
eration of a launch vehicle or reentry vehi-
cle, or operation of a launch site or reentry
site,’’;
(ii) by striking ‘‘or’’ at the end of
paragraph (1);
(iii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2);
(iv) by striking the period at the end
of paragraph (2) and inserting in lieu
thereof ‘‘; or’’; and
(v) by adding at the end the following
new paragraph:
‘‘(3) any amateur and similar small rocket ac-
tivities, as defined by the Secretary by regulation.’’;
and
(16) in section 70119, by inserting the follow-
ing after paragraph (2):
‘‘There are authorized to be appropriated to the Secretary
of Transportation $6,000,000 to carry out this chapter for
fiscal year 1996. None of the funds authorized by this sec-
tion may be expended for policy development or analysis
activities not directly related to the Secretary’s regulatory
responsibilities under this chapter.’’.
(b) ADDITIONAL AMENDMENTS.—(1) Section 70105
of title 49, United States Code, is amended—
(A) by inserting ‘‘(1)’’ before ‘‘A person may
apply’’ in subsection (a);
(B) by striking ‘‘receiving an application’’ both
places it appears in subsection (a) and inserting in
lieu thereof ‘‘accepting an application in accordance
with criteria established pursuant to subsection
(b)(2)(D)’’;
(C) by adding at the end of subsection (a) the
following new paragraph:
‘‘(2) In carrying out paragraph (1), the Secretary
may establish procedures for certification of the safety of
a launch vehicle, reentry vehicle, or safety system, proce-
dure, service, or personnel that may be used in conducting
licensed commercial space launch or reentry activities.’’;
(D) by striking ‘‘and’’ at the end of subsection
(b)(2)(B);
(E) by striking the period at the end of sub-
section (b)(2)(C) and inserting in lieu thereof ‘‘;
and’’;
(F) by adding at the end of subsection (b)(2)
the following new subparagraph:
‘‘(D) regulations establishing criteria for ac-
cepting or rejecting an application for a license
under this chapter within 60 days after receipt of
such application.’’; and
(G) by inserting ‘‘, or the requirement to obtain
a license,’’ after ‘‘waive a requirement’’ in subsection
(b)(3).
(2) The amendment made by paragraph (1)(B) shall
take effect upon the effective date of final regulations is-
sued pursuant to section 70105(b)(2)(D) of title 49,
United States Code, as added by paragraph (1)(F) of this
subsection.
(3) Section 70102(5) of title 49, United States Code,
is amended—
(A) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated by subparagraph (A) of this paragraph,
the following new subparagraph:
‘‘(A) activities directly related to the prep-
aration of a launch site or payload facility for
one or more launches;’’.
(4) Section 70103(b) of title 49, United States Code,
is amended—
(A) in the subsection heading, as amended by
subsection (a)(4)(A) of this section, by inserting
‘‘AND STATE SPONSORED SPACEPORTS’’ after ‘‘AND
REENTRIES’’; and
(B) in paragraph (1), by inserting ‘’and State
sponsored spaceports’’ after ‘‘private sector’’.
(5) Section 70105(a)(1) of title 49, United States
Code, as amended by subsection (b)(1) of this section, is
amended by inserting at the end the following: ‘‘The Sec-
retary shall submit to the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a writ-
ten notice not later than 7 days after any occurrence when
a license is not issued within the deadline established by
this subsection.’’.
(6) Section 70111 of title 49, United States Code,
is amended—
(A) in subsection (a)(1), by inserting after sub-
paragraph (B) the following:
‘‘The Secretary shall establish criteria and procedures for
determining the priority of competing requests from the
private sector and State governments for property and
services under this section.’’;
(B) by striking ‘‘actual costs’’ in subsection
(b)(1) and inserting in lieu thereof ‘‘additive costs
only’’; and
(C) by inserting after subsection (b)(2) the fol-
lowing new paragraph:
‘‘(3) The Secretary shall ensure the establishment of
uniform guidelines for, and consistent implementation of,
this section by all Federal agencies.’’.
(7) Section 70112 of title 49, United States Code,
is amended—
(A) in subsection (a)(1), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘(1) When a’’;
(B) in subsection (b)(1), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘(1)A’’; and
(C) in subsection (f), by inserting ‘‘launch, re-
entry, or site operator’’ after ‘‘carried out under a’’.
SEC. 242. OFFICE OF AIR AND SPACE COMMERCIALIZATION
AUTHORIZATION.
There are authorized to be appropriated to the Sec-
retary of Commerce for the activities of the Office of Air
and Space Commercialization, $457,000 for fiscal year
1996.
SEC. 243. REQUIREMENT FOR INDEPENDENT COST ANALY-
SIS.
The Chief Financial Officer for the National Aero-
nautics and Space Administration shall be responsible for
conducting independent cost analyses of all new projects
estimated to cost more than $5,000,000 and shall report
the results annually to Congress at the time of the submis-
sion of the President’s budget request. In developing cost
accounting and reporting standards for carrying out this
section, the Chief Financial Officer shall, to the extent
practicable and consistent with other laws, solicit the ad-
vice of expertise outside of the National Aeronautics and
Space Administration.
SEC. 244. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Sec-
tion 102 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2451) is amended—
(1) by striking subsection (e) and redesignating
subsections (f) through (h) as subsections (e)
through (g), respectively; and
(2) in subsection (g), as so redesignated by
paragraph (1) of this subsection, by striking ‘‘(f),
and (g)’’ and inserting in lieu thereof ‘‘and (f)’’.
(b) REPORTS TO THE CONGRESS.—Section 206(a) of
the National Aeronautics and Space Act of 1958 (42
U.S.C. 2476(a)) is amended—
(1) by striking ‘‘January’’ and inserting in lieu
thereof ‘‘May’’; and
(2) by striking ‘‘calendar’’ and inserting in lieu
thereof ‘‘fiscal’’.
(c) DISCLOSURE OF TECHNICAL DATA.—Section 303
of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2454) is amended—
(1) in subsection (a)(C), by inserting ‘‘or (c)’’
after ‘‘subsection (b)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c)(1) The Administrator, on the request of a pri-
vate sector entity, shall delay for a period of at least one
day, but not to exceed 5 years, the unrestricted public dis-
closure of technical data in the possession of, or under
the control of, the Administration that has been generated
in the performance of experimental, developmental, or re-
search activities or programs funded jointly by the Admin-
istration and such private sector entity.
‘‘(2) Within 1 year after the date of the enactment
of the National Aeronautics and Space Administration Au-
thorization Act, Fiscal Year 1996, the Administrator shall
issue regulations to carry out this subsection. Paragraph
(1) shall not take effect until such regulations are issued.
‘‘(3) Regulations issued pursuant to paragraph (2)
shall include—
‘‘(A) guidelines for a determination of whether
data is technical data within the meaning of this
subsection;
‘‘(B) provisions to ensure that technical data is
available for dissemination within the United States
to United States persons and entities in furtherance
of the objective of maintaining leadership or com-
petitiveness in civil and governmental aeronautical
and space activities by the United States industrial
base; and
‘‘(C) a specification of the period or periods for
which the delay in unrestricted public disclosure of
technical data is to apply to various categories of
such data, and the restrictions on disclosure of such
data during such period or periods, including a re-
quirement that the maximum 5-year protection
under this subsection shall not be provided unless at
least 50 percent of the funding for the activities or
programs is provided by the private sector.
‘‘(4) Along with the initial publication of proposed
regulations under paragraph (2), the Administrator shall
include a list of those experimental, developmental, or re-
search activities or programs conducted by, or funded in
whole or in part by, the Administration that may result
in products or processes of significant value in maintain-
ing leadership or competitiveness in civil and governmental
aeronautical and space activities by the United States in-
dustrial base. Such list shall be updated biannually.
‘‘(5) The Administrator shall annually report to the
Congress all determinations made under paragraph (1).
‘‘(6) For purposes of this subsection, the term ‘tech-
nical data’ means any recorded information, including
computer software, that is or may be directly applicable
to the design, engineering, development, production, man-
ufacture, or operation of products or processes that may
have significant value in maintaining leadership or com-
petitiveness in civil and governmental aeronautical and
space activities by the United States industrial base.’’.
SEC. 245 PROCUREMENT.
(a) PROCUREMENT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish within the Office of Space Access and Tech-
nology a program of expedited technology procure-
ment for the purpose of demonstrating how innova-
tive technology concepts can rapidly be brought to
bear upon space missions of the National Aero-
nautics and Space Administration.
(2) PROCEDURES AND EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from persons outside the National Aero-
nautics and Space Administration innovative tech-
nology concepts, relating to the provision of space
hardware, technology, or service to the National Aer-
onautics and Space Administration, and for the eval-
uation of such concepts by the National Aeronautics
and Space Administration’s Advisory Council against
mission requirements.
(3) REQUIREMENT.—At least 1 percent of
amounts authorized to be appropriated under section
212(a)(4) shall be used for innovative technology
procurements that are determined under paragraph
(2) of this subsection to meet mission requirements.
(4) SPECIAL
AUTHORITY.—In order to carry
out this subsection the Administrator shall recruit
and hire for limited term appointments persons from
outside the National Aeronautics and Space Admin-
istration with special expertise and experience relat-
ed to the innovative technology concepts with respect
to which procurements are made under this sub-
section.
(5) SUNSET.—This subsection shall cease to be
effective 10 years after the date of its enactment.
(b) TECHNOLOGY PROCUREMENT INITIATIVE.—
(1) IN GENERAL.—The Administrator shall co-
ordinate National Aeronautics and Space Adminis-
tration resources in the areas of procurement, com-
mercial programs, and advanced technology in order
to—
(A) fairly assess and procure commercially
available technology from the marketplace in
the most efficient manner practicable;
(B) achieve a continuous pattern of inte-
grating advanced technology from the commer-
cial sector, and from Federal sources outside
the National Aeronautics and Space Adminis-
tration, into the missions and programs of the
National Aeronautics and Space Administra-
tion;
(C) incorporate private sector buying and
bidding procedures, including fixed price con-
tracts, into procurements; and
(D) provide incentives for cost-plus con-
tractors of the National Aeronautics and Space
Administration to integrate commercially avail-
able technology in subsystem contracts on a
fixed-price basis.
(2) CERTIFICATION.—Upon solicitation of any
procurement for space hardware, technology, or serv-
ices that are not commercially available, the Admin-
istrator shall certify, by publication of a notice and
opportunity to comment in the Commerce Business
Daily, for each such procurement action, that no
functional equivalent, commercially, available space
hardware, technology, or service exists and that no
commercial method of procurement in available.
SEC. 246. ADDITIONAL NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION FACILITIES.
The Administrator shall not construct or enter into
a new lease for facilities to support National Aeronautics
and Space Administration programs unless the Adminis-
trator has certified to the Congress that the Administrator
reviewed existing National Aeronautics and Space Admin-
istration and other federally owned facilities, including
military facilities scheduled for closing or reduction, and
found no such facilities appropriate for the intended use.
SEC. 247. PURCHASE OF SPACE SCIENCE DATA.
(a) IN GENERAL.—To the maximum extent possible,
the National Aeronautics and Space Administration shall
purchase from the private sector space science data. Ex-
amples of such data include scientific data concerning the
elemental and mineralogical resources of the moon and the
planets, Earth environmental data obtained through re-
mote sensing observations, and solar storm monitoring.
(b) COMPETITIVE BIDDING.—(1) Contracts for the
purchase of space data under this section shall be awarded
in a process of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the purposes
of supporting the bid of fulfillment of the contract, shall
not be required of bidders.
(3) 
Conformance 
with 
military 
specifications
(Milspec) or National Aeronautics and Space Administra-
tion specifications systems with respect to the design, con-
struction, or operation of equipment used in obtaining
space science data under contracts entered into under this
section shall not be a requirement for a commercial pro-
vider bidding to provide such services.
(4) Contracts under this section shall not provide for
the Federal Government to obtain ownership of data not
specifically sought by the Federal Government.
SEC. 248. REPORT ON MISSION TO PLANET EARTH.
(a) REQUIREMENT.—The Administrator shall, within
6 months after the date of the enactment of this Act,
transmit to the Congress a report on Mission to Planet
Earth.
(b) CONTENTS.—The plan required by subsection (a)
shall include—
(1) an analysis of Earth observation systems of
other countries and the ways in which the United
States could benefit from such systems, including by
eliminating duplication of effort;
(2) an analysis of how the Department of De-
fense’s airborne and space sensor programs could be
used in Mission to Planet Earth;
(3) a plan for infusing advanced technology into
the Mission to Planet Earth program, including
milestones and an identification of available re-
sources;
(4) a plan to solicit proposals from the private
sector on how to innovatively accomplish the most
critical research on global climate change;
(5) an integrated plan for research in the Sci-
entific Research and Mission to Planet Earth enter-
prises of the National Aeronautics and Space Ad-
ministration;
(6) a plan for developing metrics and milestones
to quantify the performance of work on Mission to
Planet Earth; and
(7) an analysis of how the United States Gov-
ernment can—
(A) most effectively utilize space-based and
airborne Earth remote sensing data, services,
distribution, and applications provided by the
United States private sector to meet Govern-
ment goals for Mission to Planet Earth; and
(B) evaluate and foster commercial data
sources, commercial archiving services, commer-
cial applications, and commercial distribution of
Mission to Planet Earth data.
SEC. 249. SHUTTLE PRIVATIZATION
(a) POLICY AND PREPARATION.—The Administrator
shall prepare for an orderly transition from the Federal
operation, or Federal management of contracted oper-
ation, of space transportation systems to the Federal pur-
chase of commercial space transportation services for all
nonemergency launch requirements, including human,
cargo, and mixed payloads. In those preparations, the Ad-
ministrator shall take into account the need for short-term
economies, as well as the goal of restoring the National
Aeronautics and Space Administration’s research focus
and its mandate to promote the fullest possible commercial
use of space. As part of those preparations, the Adminis-
trator shall plan for the potential privatization of the
Space Shuttle program.
(b) REQUEST
FOR PROPOSALS.—Within 30 days
after the date of the enactment of this Act, the Adminis-
trator shall publish in the Commerce Business Daily a re-
quest for proposals to achieve a single prime contract for
the space shuttle program. The request for proposals shall
include—
(1) a timetable and milestones for selecting a
single prime contractor not later than September 30,
1996;
(2) criteria for selection of the single prime con-
tractor;
(3) the annual target cost to be achieved by the
single prime contractor;
(4) proposed terms and conditions of the single
prime contract, including fee and incentives for
achieving the target cost, and for savings below the
target cost; and
(5) a requirement that each proposal be accom-
panied by a plan by the proposer to privatize the
space shuttle program.
(c) PRIVATIZATION PLANS.—The Administrator shall
forward all privatization plans received pursuant to sub-
section (b)(5) to the Congress not later than 30 days after
the deadline for submitting proposals under subsection
(b).
(d) LIMITATION ON USE OF FUNDS.—None of the
funds authorized by this title shall be used to plan or pre-
pare for Federal Government, or federally contracted, op-
eration of the Space Shuttle beyond the year 2012, nor
for studying, designing, or developing upgrades to the
Shuttle whose sole purpose is to extend the operational
life of the Space Shuttle system beyond 2012. Nothing in
this title shall preclude the Federal, or federally con-
tracted, operation of the Space Shuttle through the year
2012, or the privatized operation of the Space Shuttle
after the year 2012.
(e) SAFE OPERATION.—In reviewing proposals for
moving to a single prime contractor the Administrator
shall give priority to continued safe operation of space
transportation systems.
SEC. 250. AERONAUTICAL RESEARCH AND TECHNOLOGY
FACILITIES.
Notwithstanding any other provision of law, no funds
may be obligated for fiscal year 1996 for Aeronautical Re-
search and Technology programs of the National Aero-
nautics and Space Administration in excess of amounts
authorized by this title, except to the extent that the Ad-
ministrator receives from non-Federal sources full reim-
bursement of such excess amounts through payment of
costs associated with research at the aeronautical research
and technology facilities of the National Aeronautics and
Space Administration.
SEC. 251. LAUNCH VOUCHER DEMONSTRATION PROGRAM
AMENDMENTS.
Section 504 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (15
U.S.C. 5803) is amended—
(1) in subsection (a)—
(A) by striking ‘‘the Office of Commercial
Programs within’’; and
(B) by striking ‘‘Such program shall not
be effective after September 30, 1995.’’;
(2) by striking subsection (c); and
(3) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
SEC. 252. PRIVATIZATION OF MICROGRAVITY PARABOLIC
FLIGHT OPERATIONS.
(a) FINDING.—The Congress finds that no national
security or mission critical justification exists for the Na-
tional Aeronautics and Space Administration to maintain
its own fleet of aircraft to provide a short duration micro-
gravity environment via parabolic flight.
(b) PRIVATIZATION OF FLIGHT OPERATIONS.—(1)
The Administrator shall privatize all parabolic flight air-
craft operations conducted by or for the National Aero-
nautics and Space Administration in support of micro-
gravity research, astronaut training, and other functions,
through issuance of one or more long-term, renewable,
block purchase contracts for the performance of such oper-
ations by United States private sectors providers.
(2) Within 60 days after the date of the enactment
of this Act, the Administrator shall issue a request for
proposals to provide services which meet the microgravity
flight needs of the National Aeronautics and Space Ad-
ministration, as described in paragraph (1). The Adminis-
trator shall coordinate the process of review of such pro-
posals, and shall oversee the transfer of such operations
to the private sector as specified in paragraph (3).
(3) Within 6 months after the issuance of a request
for proposals under paragraph (2), the Administrator shall
award one or more contracts for microgravity parabolic
flight services to a microgravity flight provider certified
by the Federal Aviation Administration, and, except as
provided in paragraph (4), shall cease all National Aero-
nautics and Space Administration-operated parabolic air-
craft flights, and shall thereafter procure all microgravity
parabolic flight services from private sector providers. Na-
tional Aeronautics and Space Administration experi-
menters, and National Aeronautics and Space Administra-
tion-funded experimenters, who would otherwise use Na-
tional Aeronautics and Space Administration-owned or op-
erated microgravity parabolic flight aircraft, shall be is-
sued vouchers for the procurement of microgravity
parabolic flight services from the private sector.
(4) The Administrator may, as necessary to ensure
the continuity of National Aeronautics and Space Admin-
istration operations, continue to operate parabolic aircraft
flights for up to 3 months after a contract is awarded
under paragraph (3). If the Administrator continues oper-
ations pursuant to this paragraph, the Administrator shall
concurrently transmit to the Congress an explanation of
the reasons for such action.
(5) Six months after the National Aeronautics and
Space Administration ceases all parabolic aircraft flights
under paragraph (3), the Administrator shall transmit a
report to Congress on the effectiveness of privatization
under this section.
SEC. 253. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Administrator shall exclude
from consideration for awards of financial assistance made
by the National Aeronautics and Space Administration
after fiscal year 1995 any person who received funds,
other than those described in subsection (b), appropriated
for a fiscal year after fiscal year 1995, from any Federal
funding source for a project that was not subjected to a
competitive, merit-based award process. Any exclusion
from consideration pursuant to this section shall be effec-
tive for a period of 5 years after the person receives such
Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
by law for which assistance is awarded to members of the
class according to a formula provided by law.
SEC. 254. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
SEC. 255. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1996 for the activities for which sums are authorized by
this title unless such sums are specifically authorized to
be appropriated by this title.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities for which sums are authorized
by this title unless such sums are specifically authorized
to be appropriated by Act of Congress with respect to such
fiscal year.
SEC. 256. UNITARY WIND TUNNEL PLAN ACT OF 1949
AMENDMENTS.
The Unitary Wind Tunnel Plan Act of 1949 is
amended—
(1) in section 101 (50 U.S.C. 511) by striking
‘‘transsonic and supersonic’’ and inserting in lieu
thereof ‘‘transonic, supersonic, and hypersonic’’; and
(2) in section 103 (50 U.S.C. 513)—
(A) by striking ‘‘laboratories’’ in sub-
section (a) and inserting in lieu thereof ‘‘labora-
tories and centers’’;
(B) by striking ‘‘supersonic’’ in subsection
(a) and inserting in lieu thereof ‘‘transonic, su-
personic, and hypersonic’’; and
(C) by striking ‘‘laboratory’’ in subsection
(c) and inserting in lieu thereof ‘‘facility’’.
SEC. 257. USE OF ABANDONED AND UNDERUTILIZED
BUILDINGS, GROUNDS, AND FACILITIES.
(a) IN GENERAL.—In meeting the needs of the Na-
tional Aeronautics and Space Administration for addi-
tional facilities, the Administrator, whenever feasible, shall
select abandoned and underutilized buildings, grounds,
and facilities in depressed communities that can be con-
verted to National Aeronautics and Space Administration
facilities at a reasonable cost, as determined by the Ad-
ministrator.
(b) DEFINITIONS.—For purposes of this section, the
term ‘‘depressed communities’’ means rural and urban
communities that are relatively depressed, in terms of age
of housing, extent of poverty, growth of per capita income,
extent of unemployment, job lag, or surplus labor.
TITLE III—DEPARTMENT OF
ENERGY
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Department of Energy
Civilian Research and Development Act of 1995’’.
SEC. 302. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘CERN’’ means the European Or-
ganization for Nuclear Research;
(2) the term ‘‘Department’’ means the Depart-
ment of Energy;
(3) the term ‘‘Large Hadron Collider project’’
means the Large Hadron Collider project at CERN;
(4) the term ‘‘major construction project’’
means a civilian development, demonstration, or
commercial application protect whose construction
costs are estimated to exceed $100,000,000 over the
life of the project;
(5) the term ‘‘Secretary’’ means the Secretary
of Energy;
(6) the term ‘‘substantial construction project’’
means a civilian research, development, demonstra-
tion, or commercial application project whose con-
struction costs are estimated to exceed $10,000,000,
but not to exceed $100,000,000, over the life of the
project; and
(7) the term ‘‘substantial equipment acquisi-
tion’’ means the acquisition of civilian research, de-
velopment, demonstration, or commercial application
equipment 
at 
a 
cost 
estimated 
to 
exceed
$10,000,000 for the entire acquisition.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) ENERGY SUPPLY RESEARCH AND DEVELOPMENT
ACTIVITIES.—There are authorized to be appropriated to
the Secretary for fiscal year 1996 for Energy Supply Re-
search and Development operating, capital equipment, and
construction the following amounts:
(1) 
Solar 
and 
Renewable 
Energy,
$235,451,000, of which—
(A) $235,331,000 shall be for operating
and capital equipment; and
(B) $120,000 shall be for construction of
Project GP–C–002, General Plant Projects, Na-
tional Renewable Energy Laboratory.
(2) Nuclear Energy, $270,448,000, of which—
(A) $267,748,000 shall be for operating
and capital equipment, including, subject to sec-
tion 304(c), $14,000,000 for the AP600 light
water reactor;
(B) $1,000,000 shall be for construction of
Project GPN–102, General Plant Projects, Ar-
gonne National Laboratory-West, Idaho; and
(C) $1,700,000 shall be for completion of
construction of Project 95–E–207, Modifica-
tions to Reactors, Experimental Breeder Reac-
tor–II, Sodium Processing Facility, Argonne
National Laboratory-West, Idaho.
(3) 
Environment, 
Safety, 
and 
Health,
$128,433,000 for operating and capital equipment.
(4) Biological and Environmental Research,
$369,645,000, of which—
(A) $313,550,000 shall be for operating
and capital equipment;
(B) $3,500,000 shall be for construction of
Project GPE–120, General Plant Projects, Var-
ious Locations;
(C) $5,700,000 shall be for construction of
Project 94–E–339, Human Genome Labora-
tory, Lawrence Berkeley Laboratory;
(D) $4,295,000 shall be for completion of
construction of Project 94–E–338, Structural
Biology Facility, Argonne National Laboratory;
(E) $2,600,000 shall be for completion of
construction of Project 94–E–337, ALS Struc-
tural Biology Support Facilities, Lawrence
Berkeley Laboratory; and
(F) $40,000,000 shall be for construction
of Project 91–EM–100, Environmental Molecu-
lar Sciences Laboratory, Pacific Northwest
Laboratory.
(5) Fusion Energy, $254,144,000, of which—
(A) $245,144,000 shall be for operating
and capital equipment for Magnetic Fusion En-
ergy;
(B) $4,800,000 shall be for operating and
capital equipment for Inertial Fusion Energy;
(C) $1,000,000 shall be for construction of
Project GPE–900, General Plant Projects, Var-
ious Locations; and
(D) $3,200,000 shall be for construction of
Project 96–E–310, Elise Project, Lawrence
Berkeley Laboratory.
(6) Basic Energy Sciences, $827,981,000, of
which—
(A) $805,412,000 shall be for operating
and capital equipment, including $60,000,000
for the Scientific Facilities Initiative;
(B) $4,500,000 shall be for construction of
Project GPE–400, General Plant Projects, Var-
ious Locations;
(C) $12,883,000 shall be for construction
of Project 96–E–305, Accelerator and Reactor
Improvements and Modifications;
(D) $3,186,000 shall be for completion of
construction of Project 89–R–402, 6–7 GeV
Synchrotron Radiation Source, Argonne Na-
tional Laboratory; and
(E) $2,000,000 shall be for construction of
Project 87–R–405, Combustion Research Facil-
ity, Phase II, Sandia National Laboratories-
Livermore.
(7) Advisory and Oversight Program Direction,
$6,200,000 for operating.
(8) Policy and Management—Energy Research,
$2,200,000 for operating.
(9) Multiprogram Energy Laboratories—Facili-
ties Support—
(A) $15,539,000 shall be for operating and
capital equipment;
(B) $8,740,000 shall be for construction of
Project GPE–801, General Plant Projects, Var-
ious Locations;
(C) $8,740,000 shall be for construction of
Project 95–E–310, Multiprogram Laboratory
Rehabilitation, Phase 1, Pacific Northwest Lab-
oratory;
(D) $1,500,000 shall be for construction of
Project 95–E–303, Electrical Safety Rehabilita-
tion, Pacific Northwest Laboratory;
(E) $3,270,000 shall be for completion of
construction of Project 95–E–302, Applied
Science Center, Phase 1, Brookhaven National
Laboratory;
(F) $2,500,000 shall be for construction of
Project 95–E–301, Central Heating Plant Re-
habilitation, Phase 1, Argonne National Lab-
oratory;
(G) $2,038,000 shall be for construction of
Project 94–E–363, Roofing Improvements, Oak
Ridge National Laboratory;
(H) $440,000 shall be for completion of
construction of Project 94–E–351, Fuel Stor-
age and Transfer Facility Upgrade, Brookhaven
National Laboratory;
(I) $800,000 shall be for construction of
Project 96–E–332, Building 801 Renovations,
Brookhaven National Laboratory;
(J) $2,400,000 shall be for completion of
construction of Project 96–E–331, Sanitary
Sewer Restoration, Phase I, Lawrence Berkeley
Laboratory;
(K) $1,200,000 shall be for construction of
Project 96–E–330, Building Electrical Service
Upgrade, Phase I, Argonne National Labora-
tory;
(L) $2,480,000 shall be for construction of
Project 95–E–309, Loss Prevention Upgrade-
Electrical Substations, Brookhaven National
Laboratory;
(M) $1,540,000 shall be for construction
of Project 95–E–308, Sanitary System Modi-
fications, Phase II, Brookhaven National Lab-
oratory;
(N) $1,000,000 shall be for construction of
Project 95–E–307, Fire Safety Improvements,
Phase III, Argonne National Laboratory;
(O) $1,288,000 shall be for completion of
construction of Project 93–E–324, Hazardous
Materials 
Safeguards, 
Phase 
I, 
Lawrence
Berkeley Laboratory;
(P) $1,130,000 shall be for completion of
construction of Project 93–E–323, Fire and
Safety Systems Upgrade, Phase I, Lawrence
Berkeley Laboratory; and
(Q) $2,411,000 shall be for construction of
Project 93–E–320, Fire and Safety Improve-
ments, Phase II, Argonne National Laboratory.
Notwithstanding subparagraphs (A) through (Q),
the total amount authorized under this paragraph
shall not exceed $39,327,000.
(10) Technical Information Management Pro-
gram, $14,394,000, of which—
(A) $12,894,000 shall be for operating and
capital equipment; and
(B) $1,500,000 shall be for construction of
Project 95–A–500, Heating, Venting, and Air
Conditioning Retrofits, Oak Ridge.
(11) 
Environmental 
Management,
$644,197,000, of which—
(A) $627,127,000 shall be for operating
and capital equipment;
(B) $339,000 shall be for completion of
construction of Project 92–E–601, Melton Val-
ley Liquid Low-Level Waste Collection and
Transfer System Upgrade, Oak Ridge National
Laboratory;
(C) $4,000,000 shall be for construction of
Project 88–R–830, Bethel Valley Liquid Low-
Level Waste Collection and Transfer System
Upgrade, Oak Ridge National Laboratory;
(D) $2,255,000 shall be for construction of
Project GPN–103, Oak Ridge Landlord Gen-
eral Plant Projects;
(E) $730,000 shall be for construction of
Project GPN–102, Test Reactor Area Landlord
General Plant Projects, Idaho National Engi-
neering Laboratory;
(F) $1,900,000 shall be for construction of
Project 95–E–201, Test Reactor Area Landlord
Fire and Life Safety Improvements, Idaho Na-
tional Engineering Laboratory;
(G) $2,040,000 shall be for construction of
Project GPE–600, General Plant Projects,
Waste Management, Non-Defense, Various Lo-
cations;
(H) $300,000 shall be for construction of
Project 94–E–602, Bethel Valley Federal Facil-
ity Agreement Upgrades, Oak Ridge National
Laboratory;
(I) $4,048,000 shall be for construction of
Project 93–E–900, Dry Cast Storage, Idaho
National Engineering Laboratory;
(J) $787,000 shall be for construction of
Project 91–E–602, Rehabilitation of Waste
Management Building 306, Argonne National
Laboratory; and
(K) $671,000 shall be for completion of
construction of Project 88–R–812, Hazardous
Waste Handling Facility, Lawrence Berkeley
Laboratory.
(b) GENERAL SCIENCE
AND RESEARCH ACTIVI-
TIES.—There are authorized to be appropriated to the
Secretary for fiscal year 1996 for General Science and Re-
search Activities operating, capital equipment, and con-
struction the following amounts:
(1) High Energy Physics, $680,137,000, of
which—
(A) $554,191,000 shall be for operating
and capital equipment, including $15,000,000
for the Scientific Facilities Initiative;
(B) $12,146,000 shall be for construction
of Project GPE–103, General Plant Projects,
Various Locations;
(C) $9,800,000 shall be for construction of
Project 96–G–301, Accelerator Improvements
and Modifications, Various Locations;
(D) $52,000,000 shall be for construction
of Project 94–G–305, B-Factory, Stanford Lin-
ear Accelerator Center; and
(E) $52,000,000 shall be for construction
of Project 92–G–302, Fermilab Main Injector,
Fermi National Accelerator Center.
(2) Nuclear Physics, $316,873,000, of which—
(A) $239,773,000 shall be for operating
and capital equipment, including $25,000,000
for the Scientific Facilities Initiative;
(B) $3,900,000 shall be for construction of
Project GPE–300, General Plant Project, Var-
ious Locations;
(C) $3,200,000 shall be for construction of
Project 96–G–302, Accelerator Improvements
and Modifications, Various Locations; and
(D) $70,000,000 shall be for construction
of Project 91–G–300, Relativistic Heavy Ion
Collider, Brookhaven National Laboratory.
(3) Program Direction, $9,500,000.
(c) FOSSIL ENERGY RESEARCH
AND DEVELOP-
MENT.—There are authorized to be appropriated to the
Secretary for fiscal year 1996 for Fossil Energy Research
and Development operating, capital equipment, and con-
struction the following amounts:
(1) Coal, $121,265,000 for operating.
(2) Oil Technology, $55,714,000 for operating.
(3) Gas, $112,186,000 for operating.
(4) Program Direction and Management Sup-
port, $66,597,000 for operating.
(5) Capital Equipment, $1,701,000.
(6) Construction of Project GPF–100, General
Plant Projects for Energy Technology Centers,
$2,304,000.
(7) Cooperative Research and Development,
$6,295,000.
(8) Fossil Energy Environmental Restoration,
$14,919,000.
(9) Fuels Conversion, Natural Gas, and Elec-
tricity, $2,687,000.
(d) ENERGY CONSERVATION RESEARCH AND DEVEL-
OPMENT.—There are authorized to be appropriated to the
Secretary for fiscal year 1996 for Energy Conservation
Research and Development operating and capital equip-
ment the following amounts:
(1) Buildings Sector, $88,645,000.
(2) Industry Sector, $109,518,000.
(3) Transportation Sector, $176,568,000.
(4) Technical and Financial Assistance (Non-
Grants), $31,600,000.
(5) Policy and Management—Energy Conserva-
tion, $7,666,000.
(e) FISCAL YEAR 1997.—There are authorized to be
appropriated to the Secretary for fiscal year 1997 for op-
erating, capital equipment, and construction, the following
amounts:
(1) Energy Supply Research and Development
Activities, $2,600,000,000.
(2) General Science and Research Activities,
$950,000,000.
(3) Fossil Energy Research and Development,
$220,950,000.
(4) Energy Conservation Research and Develop-
ment, $230,120,000.
SEC. 304. FUNDING LIMITATIONS.
(a) FISCAL YEAR 1996 APPROPRIATIONS.—None of
the funds authorized by this title may be used for the fol-
lowing programs, projects, and activities:
(1) Solar Buildings Technology Research.
(2) Solar International Program.
(3) Solar Technology Transfer.
(4) Solar Program Support.
(5) Hydropowder.
(6) Space Power Reactor Systems.
(7) Nuclear Energy Facilities.
(8) Soviet-Designed Reactor Safety.
(9) Russian Replacement Power Initiative.
(10) Civilian Radioactive Waste Research and
Development.
(11) Tokamak Physics Experiment.
(12) Advanced Neutron Source.
(13) Energy Research Analysis.
(14) Energy Research Laboratory Technology
Transfer.
(15) University and Science Education.
(16) Technology Partnerships.
(17) In-House Energy Management.
(18) Direct Liquefaction.
(19) Indirect Liquefaction.
(20) Systems for Coproducts.
(21) High Efficiency-Integrated Gasification
Combined Cycle.
(22) High 
Efficiency-Pressurized 
Fluidized
Bed.
(23) Technical and Economic Analysis.
(24) International Program Support.
(25) Coal Technology Export.
(26) Gas Delivery and Storage.
(27) Gas Utilization.
(28) Fuel Cells Climate Change Action Plan.
(29) Clean Coal Technology Program.
(30) Buildings Sector Implementation and De-
ployment.
(31) Industry Sector Municipal Solid Wastes.
(32) Industry Sector Implementation and De-
ployment.
(33) Alternative Fuels Utilization.
(34) Transportation Sector Implementation and
Deployment.
(35) Utility Sector Integrated Resource Plan-
ning.
(36) International Market Development.
(37) Inventions and Innovation Program.
(38) Municipal Energy Management.
(39) Information and Communications.
(40) Gas Turbine-Modular Helium Reactor.
(b) PRIOR FISCAL YEAR OBLIGATION AND EXPENDI-
TURE.—No funds may be available for obligation or ex-
penditure with respect to the following:
(1) University of Nebraska Medical Center
Transplant Center.
(2) Oregon Health Sciences University.
(c) LIGHT WATER REACTOR MATCHING FUNDS.—
Funds appropriated for the AP600 light water reactor
pursuant to section 303(a)(2)(A) shall be available only
to the extent that matching private sector funds are pro-
vided for such project, and subject to the condition that
such Federal funds shall be repaid to the United States
out of royalties on the first commercial sale of such reactor
design.
SEC. 305. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1996 for the activities for which sums are authorized by
this title unless such sums are specifically authorized to
be appropriated by this title.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities for which sums are authorized
by this title unless such sums are specifically authorized
to be appropriated by Act of Congress with respect to such
fiscal year.
SEC. 306. MERIT REVIEW REQUIREMENT FOR AWARDS OF
FINANCIAL ASSISTANCE.
(a) MERIT REVIEW REQUIREMENT.—The Secretary
may not award financial assistance to any person for civil-
ian research, development, demonstration, or commercial
application activities, including related facility construc-
tion, unless an objective merit review process is used to
award the financial assistance.
(b) REQUIREMENT OF SPECIFIC MODIFICATION OF
MERIT REVIEW PROVISION.—
(1) IN GENERAL.—A provision of law may not
be construed as modifying or superseding subsection
(a), or as requiring that financial assistance be
awarded by the Secretary in a manner inconsistent
with subsection (a), unless such provision of law—
(A) specifically refers to this section;
(B) specifically that such provision of law
modifies or supersedes subsection (a); and
(C) specifically identifies the person to be
awarded the financial assistance and states that
the financial assistance to be awarded pursuant
to such provision of law is being awarded in a
manner inconsistent with subsection (a).
(2) NOTICE AND WAIT REQUIREMENT.—No fi-
nancial assistance may be awarded pursuant to a
provision of law that requires or authorizes the
award of the financial assistance in a manner incon-
sistent with subsection (a) until—
(A) the Secretary submits to the Congress
a written notice of the Secretary’s intent to
award the financial assistance; and
(B) 180 days has elapsed after the date on
which the notice is received by the Congress.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘objective merit review process’’
means a thorough, consistent, and independent ex-
amination of requests for financial assistance based
on preestablished criteria and scientific and technical
merit by persons knowledgeable in the field for
which the financial assistance is requested.
(2) The term ‘‘financial assistance’’ means the
transfer of funds or property to a recipient or sub-
recipient to accomplish a public purpose of support
or stimulation authorized by Federal law. Such term
includes 
grants, 
cooperative 
agreements, 
and
subawards but does not include cooperative research
and development agreements as defined in section
12(d)(1) of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a(d)(1)), nor
any grant that calls upon the National Academy of
Sciences, the National Academy of Engineering, the
Institute of Medicine, or the National Academy of
Public Administration to investigate, examine, or ex-
periment upon any subject of science or art and to
report on such matters to Congress or any agency
of the Federal Government.
SEC. 307. POLICY ON CAPITAL PROJECTS AND CONSTRUC-
TION.
(a) REQUIREMENT OF PRIOR AUTHORIZATION.—(1)
No funds are authorized to be appropriated to the Sec-
retary for any substantial construction project, substantial
equipment acquisition, or major construction project un-
less a report on such project or acquisition has been pro-
vided to Congress in accordance with subsection (b).
(2) The Secretary may not obligate any funds for any
substantial construction project, substantial equipment ac-
quisition, or major construction project unless such project
or acquisition has been specifically authorized by statute.
(3) This subsection may not be amended or modified
except by specific reference to this subsection.
(b) REPORTS TO CONGRESS.—(1) Within 180 days
after the date of the enactment of this Act, the Secretary
shall submit to the Congress a report that identifies all
construction projects and acquisitions of the Department
described in subsection (a) for which the preliminary de-
sign phase is completed but the construction or acquisition
is not completed. Such report shall include—
101
SEC. 308. FURTHER AUTHORIZATIONS.
Nothing in this title shall preclude further authoriza-
tion of appropriations for civilian research, development,
demonstration, and commercial application activities of
the Department of Energy for fiscal year 1996: Provided,
That authorization allocations adopted by the Conference
Committee on House Concurrent Resolution 67, and ap-
proved by Congress, allow for such further authorizations.
SEC. 309. HIGH ENERGY AND NUCLEAR PHYSICS.
(a) LARGE HADRON COLLIDER PROJECT.—
(1) NEGOTIATIONS.—The Secretary, in con-
sultation with the Director of the National Science
Foundation and the Secretary of State, shall enter
into negotiations with CERN concerning United
States participation in the planning and construction
of the Large Hadron Collider project, and shall en-
sure that any agreement incorporates provisions to
protect the United States investment in the project,
including provisions for—
(A) fair allocation of costs and benefits
among project participants;
(B) a limitation on the amount of United
States contribution to project construction and
an estimate of the United States contribution to
subsequent operating costs;
102
(C) a cost and schedule control system for
the total project;
(D) a preliminary statement of costs and
the schedule for all component design, testing,
and fabrication, including technical, goals and
milestones, and a final statement of such costs
and schedule within 1 year after the date on
which the parties enter into the agreement;
(E) a preliminary statement of costs and
the schedule for total project construction and
operation, including technical goals and mile-
stones, and a final statement of such costs and
schedule within 1 year after the date on which
the parties enter into the agreement;
(F) reconsideration of the extent of United
States participation if technical or operational
milestones described in subparagraphs (D) and
(E) are not met, or if the project falls signifi-
cantly behind schedule;
(G) conditions of access for United States
and other scientists to the facility; and
(H) a process for addressing international
coordination and cost sharing on high energy
physics projects beyond the Large Hadron
Collider.
103
(2) OTHER INTERNATIONAL NEGOTIATIONS.—
Nothing in this title shall be construed to preclude
the President from entering into negotiations with
respect to international science agreements.
(b) REPORT
TO CONGRESS.—Before January 1,
1996, the Secretary, in consultation with the Director of
the National Science Foundation and with the high energy
and nuclear physics communities, shall prepare and trans-
mit to the Congress a strategic plan for the high energy
and nuclear physics activities of the Department, assum-
ing a combined budget of $950,000,000 for all activities
authorized under section 303(b) for fiscal year 1997, and
assuming a combined budget of $900,000,000 for all ac-
tivities authorized under section 303(b) for each of the
fiscal years 1998, 1999, and 2000. The report shall in-
clude—
(1) a list of research opportunities to be pur-
chased including both ongoing and proposed activi-
ties;
(2) an analysis of the relevance of each research
facility to the research opportunities listed under
paragraph (1);
(3) a statement of the optimal balance among
facility operations, construction, and research sup-
104
port and the optimal balance between university and
laboratory research programs;
(4) schedules for the continuation, consolida-
tion, or termination of each research program, and
continuation, upgrade, transfer, or closure of each
research facility; and
(5) a statement by project of efforts to coordi-
nate research projects with the international commu-
nities to maximize the use of limited resources and
avoid unproductive duplication of efforts.
SEC. 310. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
SEC. 311. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Secretary shall exclude from
consideration for awards of financial assistance made by
the Department after fiscal year 1995 any person who re-
ceived funds, other than those described in subsection (b),
105
appropriated for a fiscal year after fiscal year 1995, from
any Federal funding source for a project that was not sub-
jected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall
be effective for a period of 5 years after the person re-
ceives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
by law for which assistance is awarded to members of the
class according to a formula provided by law.
SEC. 312. TERMINATION COSTS.
Subject to further appropriations, unobligated funds
previously appropriated for the Clean Coal Technology
program may be used to pay costs associated with the ter-
mination of Energy Supply Research and Development,
General Science and Research, Fossil Energy Research
and Development, and Energy Conservation Research and
Development programs, projects, and activities of the De-
partment.
TITLE IV—NATIONAL OCEANIC
AND ATMOSPHERIC ADMINIS-
TRATION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘National Oceanic and
Atmospheric Administration Authorization Act of 1995’’.
106
SEC. 402. DEFINITIONS.
For the purposes of this title, the term—
(1) ‘‘Act of 1890’’ means the Act entitled ‘‘An
Act to increase the efficiency and reduce the ex-
penses of the Signal Corps of the Army, and to
transfer the Weather Bureau to the Department of
Agriculture’’, approved October 1, 1890 (26 Stat.
653);
(2) ‘‘Act of 1947’’ means the Act entitled ‘‘An
Act to define the functions and duties of the Coast
and Geodetic Survey, and for other purposes’’, ap-
proved August 6, 1947 (33 U.S.C. 883a et seq.);
(3) ‘‘Act of 1970’’ means the Act entitled ‘‘An
Act to clarify the status and benefits of commis-
sioned officers of the National Oceanic and Atmos-
pheric Administration, and for other purposes’’, ap-
proved December 31, 1970 (33 U.S.C. 857–1 et
seq.);
(4) ‘‘Administrator’’ means the Administrator
of the National Oceanic and Atmospheric Adminis-
tration; and
(5) ‘‘Secretary’’ means the Secretary of Com-
merce.
107
Subtitle A—Atmospheric, Weather,
and Satellite Programs
SEC. 411. NATIONAL WEATHER SERVICE.
(a) OPERATIONS AND RESEARCH.—There are au-
thorized to be appropriated to the Secretary to enable the
National Oceanic and Atmospheric Administration to
carry out the operations and research duties of the Na-
tional Weather Service, $472,338,000 for fiscal year 1996.
Such duties include meteorological, hydrological, and
oceanographic public warnings and forecasts, as well as
applied research in support of such warnings and fore-
casts.
(b) SYSTEMS ACQUISITION.—There are authorized to
be appropriated to the Secretary to enable the National
Oceanic and Atmospheric Administration to carry out the
public warning and forecast systems duties of the National
Weather Service, $79,034,000 for fiscal year 1996. Such
duties include the development, acquisition, and imple-
mentation of major public warning and forecast systems.
None of the funds authorized under this subsection shall
be used for the purposes for which funds are authorized
under section 102(b) of the National Oceanic and Atmos-
pheric Administration Authorization Act of 1992 (Public
Law 102–567). None of the funds authorized by such sec-
108
tion 102(b) shall be expended for a particular NEXRAD
installation unless—
(1) it is identified as a National Weather Serv-
ice NEXRAD installation in the National Implemen-
tation Plan for modernization of the National
Weather Service, required under section 703 of the
National Oceanic and Atmospheric Administration
Authorization Act of 1992 (Public Law 102–567);
or
(2) it is to be used only for spare parts, not as
an installation at a particular site.
(c) NEW NEXRAD INSTALLATIONS.—No funds may
be obligated for NEXRAD installations not identified in
the National Implementation Plan for 1996, unless the
Secretary certifies that such NEXRAD installations can
be acquired within the authorization of NEXRAD con-
tained in section 102(b) of the National Oceanic and At-
mospheric Administration Authorization Act of 1992.
(d) ASOS PROGRAM AUTHORIZATION.—Of the sums
authorized in subsection (b), $16,952,000 for fiscal year
1996 are authorized to be appropriated to the Secretary,
for the acquisition and deployment of—
(1) the Automated Surface Observing System
and related systems, including multisensor and
109
backup arrays for National Weather Service sites at
airports; and
(2) Automated Meteorological Observing Sys-
tem and Remote Automated Meteorological Observ-
ing System replacement units.
and to cover all associated activities, including program
management and operations and maintenance.
(e) AWIPS AUTHORIZATION.—Of the sums author-
ized in subsection (b), there are authorized to be appro-
priated to the Secretary $52,097,000 for fiscal year 1996,
to remain available until expended, for—
(1) the acquisition and deployment of the Ad-
vanced Weather Interactive Processing System and
NOAA Port and associated activities; and
(2) associated program management and oper-
ations and maintenance.
(f) CONSTRUCTION
OF WEATHER FORECAST OF-
FICES.—There are authorized to be appropriated to the
Secretary to enable the National Oceanic and Atmospheric
Administration to carry out construction, repair, and
modification activities relating to new and existing weath-
er forecast offices, $20,628,000 for fiscal year 1996. Such
activities include planning, design, and land acquisition re-
lated to such offices.
110
(g) WEATHER SERVICE MODERNIZATION.—Title VII
of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 is amended—
(1) in section 706—
(A) by amending subsection (b)(6) to read
as follows:
‘‘(6) any recommendations of the Committee
submitted under section 707(c) that evaluate the
certification.’’;
(B) by striking ‘‘60-day’’ in subsection
(c)(2) and inserting in lieu thereof ‘‘30-day’’;
(C) by amending subsection (d) to read as
follows:
‘‘(d) FINAL DECISION.—If the Secretary decides to
close, consolidate, automate, or relocate any such field of-
fice, the Secretary shall publish the certification in the
Federal Register and submit the certification to the Com-
mittee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of
Representatives.’’; and
(D) by amending subsection (f) to read as
follows:
‘‘(f) TRANSITION PROGRAM.—The Secretary shall
maintain for a period of at least two years after the clo-
sure of any weather office a program to—
111
‘‘(1) provide timely information regarding the
activities of the National Weather Service which may
affect service to the community, including mod-
ernization and restructuring; and
‘‘(2) work with area weather service users, in-
cluding persons associated with general aviation,
civil defense, emergency preparedness, and the news
media, with respect to the provision of timely weath-
er warnings and forecasts.’’; and
(2) by amending section 707(c) to read as fol-
lows:
‘‘(c) DUTIES.—The Committee may review any cer-
tification under section 706 for which the Secretary has
provided a notice of intent to certify in the plan, including
any certification for which there is a significant potential
for degradation of service within the affected area. Upon
the request of the Committee, the Secretary shall make
available to the Committee the supporting documents de-
veloped by the Secretary in connection with the certifi-
cation. The Committee shall evaluate any certification re-
viewed on the basis of the modernization criteria and with
respect to the requirement that there be no degradation
of service, and advise the Secretary accordingly.’’.
(h) NEXRAD OPERATIONAL AVAILABILITY AND RE-
LIABILITY.—(1) The Secretary of Defense, in conjunction
112
with the Administrator of the National Oceanic and At-
mospheric Administration, shall take immediate steps to
ensure that NEXRADs operated by the Department of
Defense that provide primary detection coverage over a
portion of their range function as fully committed, reliable
elements of the national weather radar network, operating
with the same standards, quality, and availability as the
National Weather Service-operated NEXRADs.
(2) NEXRADs operated by the Department of De-
fense that provide primary detection coverage over a por-
tion of their range are to be considered as integral parts
of the National Weather Radar Network.
(i) REPORT.—Section 704 of the Weather Service
Modernization Act (15 U.S.C. 313 note) is amended by
adding at the end the following new subsection:
‘‘(c) REPORT.—The Secretary shall contract with the
National Research Council for a review of the NEXRAD
Network radar coverage pattern as indicated in the 1996
National Implementation Plan of the National Weather
Service for a determination of areas of inadequate radar
coverage. In conducting such a review, the National Re-
search Council shall prepare and submit to the Secretary,
no later than 6 months after the date of the enactment
of this Act, a report which assesses the feasibility of exist-
ing and future Federal Aviation Administration Terminal
113
Doppler Weather Radars to provide reliable weather radar
data, in a cost-effective manner, to nearby weather fore-
cast offices. The Secretary shall report to the Committee
on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate, not later than 60 days after receiving the report
under this subsection, on recommendations to implement
the findings in such report.’’.
SEC. 412. ATMOSPHERIC RESEARCH.
(a) CLIMATE
AND AIR QUALITY RESEARCH.—(1)
There is authorized to be appropriated to the Secretary
to enable the National Oceanic and Atmospheric Adminis-
tration to carry out its climate and air quality research
duties, $86,757,000 for fiscal year 1996. Such duties in-
clude internannual and seasonal climate research and
long-term climate and air quality research.
(2) The Administrator shall ensure that at least the
same percentage of the climate and air quality research
funds that were provided to institutions of higher edu-
cation for fiscal year 1995 is provided to institutions of
higher education from funds authorized by this subsection.
(b) ATMOSPHERIC PROGRAMS.—There are author-
ized to be appropriated to the Secretary to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out its atmospheric research duties, $39,894,000 for fiscal
114
year 1996. Such duties include research for developing im-
proved prediction capabilities for atmospheric processes,
as well as solar-terrestrial research and services.
(c) GLOBE AUTHORIZATION.—There are authorized
to be appropriated to the Secretary to enable the National
Oceanic and Atmospheric Administration to carry out the
Global Learning and Observations to Benefit the Environ-
ment program, $7,000,000 for fiscal year 1996.
(d) Nothing in this Act shall preclude the National
Oceanic and Atmospheric Administration from carrying
out studies of long-term climate and global change.
SEC. 413. NATIONAL ENVIRONMENTAL SATELLITE, DATA,
AND INFORMATION SERVICE.
(a) SATELLITE OBSERVING SYSTEMS.—There are
authorized to be appropriated to the Secretary to enable
the National Oceanic and Atmospheric Administration to
carry 
out 
its 
satellite 
observing 
systems 
duties,
$319,448,000 for fiscal year 1996, to remain available
until expended. Such duties include spacecraft procure-
ment, launch, and associated ground station systems in-
volving polar orbiting and geostationary environmental
satellites, as well as the operation of such satellites. None
of the funds authorized under this subsection shall be used
for the purposes for which funds are authorized under sec-
tion 105(d) of the National Oceanic and Atmospheric Ad-
115
ministration Authorization Act of 1992 (Public Law 102–
567).
(b) POES PROGRAM AUTHORIZATION.—Of the sums
authorized in subsection (a), there are authorized to be
appropriated to the Secretary $184,425,000 for fiscal year
1996, to remain available until expended, for the procure-
ment of Polar Orbiting Environmental Satellites, K, L, M,
N, and N1, and the procurement of the launching and sup-
porting ground systems of such satellites.
(c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL
SATELLITES.—Of the sums authorized in subsection (a),
there are authorized to be appropriated to the Adminis-
trator $46,300,000 for fiscal year 1996, to remain avail-
able until expended—
(1) to procure up to three additional Geo-
stationary Operational Environmental NEXT Sat-
ellites (GOES I–M clones) and instruments; and
(2) for contracts, and amendments or modifica-
tions of contracts, with the developer of previous
GOES-NEXT satellites for the acquisition of the ad-
ditional satellites and instruments described in para-
graph (1).
(d) ENVIRONMENTAL
DATA
AND
INFORMATION
SERVICES.—There are authorized to be appropriated to
the Secretary to enable the National Oceanic and Atmos-
116
pheric Administration to carry out its environmental data
and information services duties, $35,665,000 for fiscal
year 1996. Such duties include climate data services, geo-
physical data services, and environmental assessment and
information services.
(e) NATIONAL POLAR-ORBITING OPERATIONAL EN-
VIRONMENTAL SATELLITE SYSTEM PROGRAM AUTHOR-
IZATION.—Of the sums authorized in subsection (a), there
are authorized to be appropriated to the Secretary, for fis-
cal year 1996, $39,500,000, to remain available until ex-
pended, for the procurement of the National Polar-Orbit-
ing Operational Environmental Satellite System, and the
procurement of the launching and supporting ground sys-
tems of such satellites.
Subtitle B—Marine Research
SEC. 421. NATIONAL OCEAN SERVICE.
(a) MAPPING AND CHARTING.—There are authorized
to be appropriated to the Secretary, to enable the National
Oceanic and Atmospheric Administration to carry out
mapping and charting activities under the Act of 1947 and
any other law involving those activities, $29,149,000.
(b) GEODESY.—There are authorized to be appro-
priated to the Secretary, to enable the National Oceanic
and Atmospheric Administration to carry out geodesy ac-
117
tivities under the Act of 1947 and any other law involving
those activities, $19,927,000 for fiscal year 1996.
(c) OBSERVATION AND PREDICTION.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary, to enable the Na-
tional Oceanic and Atmospheric Administration to
carry out observation and prediction activities under
the Act of 1947 and any other law involving those
activities, $11,279,000 for fiscal year 1996.
(2) CIRCULATORY SURVEY PROGRAM.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and Atmos-
pheric Administration to carry out the Circulatory
Survey Program, $695,000 for fiscal year 1996.
(3) OCEAN AND EARTH SCIENCES.—In addition
to amounts authorized under paragraph (1), there
are authorized to be appropriated to the Secretary,
to enable the National Oceanic and Atmospheric Ad-
ministration to carry out ocean and earth science ac-
tivities, $4,231,000 for fiscal year 1996.
(d) ESTUARINE AND COASTAL ASSESSMENT.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary, to enable the Na-
tional Oceanic and Atmospheric Administration to
118
support estuarine and coastal assessment activities
under the Act of 1947 and any other law involving
those activities, $1,171,000 for fiscal year 1996.
(2) 
OCEAN
ASSESSMENT.—In 
addition 
to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary, to
enable the National Oceanic and Atmospheric Ad-
ministration to carry out the National Status and
Trends Program, the Strategic Environmental As-
sessment Program, and the Hazardous Materials
Response Program, $8,401,000 for fiscal year 1996.
(3) DAMAGE ASSESSMENT PROGRAM.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and Atmos-
pheric Administration to carry out the Damage As-
sessment Program, $585,000 for fiscal year 1996.
(4) COASTAL OCEAN PROGRAM.—In addition to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary, to
enable the National Oceanic and Atmospheric Ad-
ministration to carry out the Coastal Ocean Pro-
gram, $9,158,000 for fiscal year 1996.
119
SEC. 422. OCEAN AND GREAT LAKES RESEARCH.
(a) MARINE PREDICTION RESEARCH.—There are au-
thorized to be appropriated to the Secretary, to enable the
National Oceanic and Atmospheric Administration to
carry out marine prediction research activities under the
Act of 1947, the Act of 1890, and any other law involving
those activities, $13,763,000 for fiscal year 1996.
(b) NATIONAL SEA GRANT COLLEGE PROGRAM.—(1)
Section 212(a) of the National Sea Grant College Pro-
gram Act (33 U.S.C. 1131(a)) is amended to read as fol-
lows:
‘‘(a) GRANTS
AND CONTRACTS; FELLOWSHIPS.—
There are authorized to be appropriated to carry out sec-
tions 205 and 208, $51,000,000 for fiscal year 1996.’’.
(2) Section 212(b)(1) of the National Sea Grant Col-
lege Program Act (33 U.S.C. 1131(b)(1)) is amended by
striking ‘‘an amount’’ and all that follows through ‘‘not
to exceed $2,900,000’’ and inserting in lieu thereof
‘‘$2,000,000 for fiscal year 1996’’.
(3) Section 203(4) of the National Sea Grant College
Program Act (33 U.S.C. 1122(4)) is amended by striking
‘‘discipline or field’’ and all that follows through ‘‘public
administration)’’ and inserting in lieu thereof ‘‘field or dis-
cipline involving scientific research’’.
120
SEC. 423. USE OF OCEAN RESEARCH RESOURCES OF OTHER
FEDERAL AGENCIES.
(a) FINDINGS.—The Congress finds the following:
(1) Observing, monitoring, and predicting the
ocean environment has been a high priority for the
defense community to support ocean operations.
(2) Many advances in ocean research have been
made by the defense community which could be
shared with civilian researchers.
(3) The National Oceanic and Atmospheric Ad-
ministration’s missions to describe and predict the
ocean environment, manage the Nation’s ocean and
coastal resources, and promote stewardship of the
world’s oceans would benefit from increased coopera-
tion with defense agencies.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the National Oceanic and Atmospheric Ad-
ministration should expand its efforts to develop inter-
agency agreements to further the use of defense-related
technologies, data, and other resources to support its oce-
anic missions.
(c) REPORT.—
(1) IN
GENERAL.—Not later than 120 days
after the date of the enactment of this Act, the Sec-
retary of Commerce shall submit to the Committee
on Science and the Committee on Resources of the
121
House of Representatives and the Committee on
Commerce, Science, and Transportation of the Sen-
ate a report on the feasibility of expanding the use
of defense-related technologies, data, and other re-
sources to support and enhance the oceanic missions
of the National Oceanic and Atmospheric Adminis-
tration.
(2) CONTENTS.—The report required under
paragraph (1) shall include—
(A) a detailed listing of defense-related re-
sources currently available to the National Oce-
anic and Atmospheric Administration and the
National Oceanic and Atmospheric Administra-
tion missions which utilize those resources;
(B) detailed findings and recommenda-
tions, including funding requirements, on the
potential for expanding the use of available de-
fense-related resources;
(C) a detailed listing and funding history
of the National Oceanic and Atmospheric Ad-
ministration resources, including data and tech-
nology, which could be supplemented by de-
fense-related resources;
(D) a listing of currently unavailable de-
fense-related resources, including data and
122
technology, which if made available would en-
hance the National Oceanic and Atmospheric
Administration mission performance;
(E) recommendations on the regulatory
and legislative structures needed to maximize
the use of defense-related resources;
(F) an assessment of the respective roles
in the use of defense-related resources of the
Army Corps of Engineers, data centers, oper-
ational centers, and research facilities of the
National Oceanic and Atmospheric Administra-
tion; and
(G) recommendations on how to provide
access to relevant defense-related data for non-
Federal scientific users.
Subtitle C—Program Support
SEC. 431. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRATIVE
ACTIVITIES.—There are authorized to be appropriated to
the Secretary, to enable the National Oceanic and Atmos-
pheric Administration to carry out executive direction and
administrative activities under the Act of 1970 and any
other law involving those activities, $20,632,000 for fiscal
year 1996.
123
(b) CENTRAL ADMINISTRATIVE SUPPORT.—There
are authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Administra-
tion to carry out central administrative support activities
under the Act of 1970 and any other law involving those
activities, $30,000,000 for fiscal year 1996.
(c) RETIRED PAY.—There are authorized to be ap-
propriated to the Secretary, for retired pay for retired
commissioned officers of the National Oceanic and Atmos-
pheric Administration under the Act of 1970, $7,706,000
for fiscal year 1996.
(d) MARINE SERVICES.—
(1) 
SERVICE
CONTRACTS.—Notwithstanding
any other provision of law and subject to the avail-
ability of appropriations, the Secretary shall enter
into contracts, including multiyear contracts, subject
to paragraph (3), for the use of vessels to conduct
oceanographic research and fisheries research, mon-
itoring, enforcement, and management, and to ac-
quire other data necessary to carry out the missions
of the National Oceanic and Atmospheric Adminis-
tration. The Secretary shall enter into these con-
tracts unless—
(A) the cost of the contract is more than
the cost (including the cost of vessel operation,
124
maintenance, and all personnel) to the National
Oceanic and Atmospheric Administration of ob-
taining those services on vessels of the National
Oceanic and Atmospheric Administration;
(B) the contract is for more than 7 years;
or
(C) the data is acquired through a vessel
agreement pursuant to paragraph (4).
(2) VESSELS.—The Secretary may not enter
into any contract for the construction, lease-pur-
chase, upgrade, or service life extension of any ves-
sel.
(3) MULTIYEAR CONTRACTS.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), and notwithstanding sec-
tion 1341 of title 31, United States Code, and
section 11 of title 41, United States Code, the
Secretary may acquire data under multiyear
contracts.
(B) REQUIRED FINDINGS.—The Secretary
may not enter into a contract pursuant to this
paragraph unless the Secretary finds with re-
spect to that contract that there is a reasonable
expectation that throughout the contemplated
contract period the Secretary will request from
125
Congress funding for the contract at the level
required to avoid contract termination.
(C) REQUIRED
PROVISIONS.—The Sec-
retary may not enter into a contract pursuant
to this paragraph unless the contract includes—
(i) a provision under which the obliga-
tion of the United States to make pay-
ments under the contract for any fiscal
year is subject to the availability of appro-
priations provided in advance for those
payments;
(ii) a provision that specifies the term
of effectiveness of the contract; and
(iii) 
appropriate 
provisions 
under
which, in case of any termination of the
contract before the end of the term speci-
fied pursuant to clause (ii), the United
States shall only be liable for the lesser
of—
(I) an amount specified in the
contract for such a termination; or
(II) amounts that were appro-
priated before the date of the termi-
nation for the performance of the con-
tract or for procurement of the type
126
of acquisition covered by the contract
and are unobligated on the date of the
termination.
(4) VESSEL AGREEMENTS.—The Secretary shall
use excess capacity of University National Oceano-
graphic Laboratory System vessels where appro-
priate and may enter into memoranda of agreement
with the operators of these vessels to carry out this
requirement.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and Atmos-
pheric Administration to carry out marine services
activities, $60,689,000 for fiscal year 1996.
(e) AIRCRAFT SERVICES.—There are authorized to be
appropriated to the Secretary, to enable the National Oce-
anic and Atmospheric Administration to carry out aircraft
services activities (including aircraft operations, mainte-
nance, and support) under the Act of 1970 and any other
law involving those activities, $9,548,000 for fiscal year
1996.
(f) FACILITIES REPAIRS AND RENOVATIONS.—There
are authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Administra-
127
tion to carry out facilities repairs and renovations,
$7,374,000 for fiscal year 1996.
Subtitle D—Streamlining of
Operations
SEC. 441. PROGRAM TERMINATIONS.
(a) TERMINATIONS.—No funds may be appropriated
for the following programs and accounts:
(1) The National Undersea Research Program.
(2) The Fleet Modernization, Shipbuilding, and
Construction Account.
(3) The Charleston, South Carolina, Special
Management Plan.
(4) Chesapeake Bay Observation Buoys as of
September 30, 1996.
(5) Federal/State Weather Modification Grants.
(6) The Southeast Storm Research Account.
(7) National Institute for Environmental Re-
newal.
(8) The Lake Champlain Study.
(9) The Maine Marine Research Center.
(10) The South Carolina Cooperative Geodetic
Survey Account.
(11) Pacific Island Technical Assistance.
(12) VENTS program.
128
(13) National Weather Service non-Federal,
non-wildfire Fire Weather Service.
(14) National Weather Service Regional Cli-
mate Centers.
(15) National Weather Service Samoa Weather
Forecast Office Repair and Upgrade Account.
(16) Dissemination of Weather Charts (Marine
Facsimile Service).
(b) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit
to the Committee on Resources and the Committee on
Science of the House of Representatives and the Commit-
tee on Commerce, Science, and Transportation of the Sen-
ate a report certifying that all the programs listed in sub-
section (a) will be terminated no later than September 30,
1995.
(c) REPEAL OF SEA GRANT PROGRAMS.—
(1) REPEALS.—(A) Section 208(b) of the Na-
tional Sea Grant College Program Act (33 U.S.C.
1127(b)) is repealed.
(B) Section 3 of the Sea Grant Program Im-
provement Act of 1976 (33 U.S.C. 1124a) is re-
pealed.
(2) CONFORMING
AMENDMENT.—Section 209
of the National Sea Grant College Program Act (33
129
U.S.C. 1128(b)(1)) is amended by striking ‘‘and sec-
tion 3 of the Sea Grant Program Improvement Act
of 1976’’.
(d) ADDITIONAL REPEAL.—The NOAA Fleet Mod-
ernization Act (33 U.S.C. 851 note) is repealed.
SEC. 442. LIMITATIONS ON APPROPRIATIONS.
(a) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities for which sums are authorized
by this title unless such sums are specifically authorized
to be appropriated by Act of Congress with respect to such
fiscal year.
(b) 
FISCAL
YEAR
1996.—No 
more 
than
$1,692,470,000 is authorized to be appropriated to the
Secretary for fiscal year 1996, by this Act or any other
Act, to enable the National Oceanic and Atmospheric Ad-
ministration to carry out all activities associated with Op-
erations, Research, and Facilities.
(c) REDUCTION IN TRAVEL BUDGET.—Of the sums
appropriated under this Act for Operations, Research, and
Facilities, no more than $20,000,000 may be used for re-
imbursement of travel and related expenses for National
Oceanic and Atmospheric Administration personnel.
130
SEC. 443. TERMINATION OF THE CORPS OF COMMISSIONED
OFFICERS.
(a) NUMBER OF OFFICERS.—Notwithstanding sec-
tion 8 of the Act of June 3, 1948 (33 U.S.C. 853g), the
total number of commissioned officers on the active list
of the National Oceanic and Atmospheric Administration
shall not exceed 358 for fiscal year 1996. No commis-
sioned officers are authorized for any fiscal year after fis-
cal year 1996.
(b) SEVERANCE PAY.—Commissioned officers may be
separated from the active list of the National Oceanic and
Atmospheric Administration. In lieu of separation pay, of-
ficers so separated shall be eligible only for severance pay
in accordance with the terms and conditions of section
5595 of title 5, United States Code, and only to the extent
provided in advance in appropriations Acts.
(c) TRANSFER.—(1) Subject to the approval of the
Secretary of Defense and under terms and conditions
specified by the Secretary, commissioned officers subject
to subsection (a) may transfer to the armed services under
section 716 of title 10, United States Code.
(2) Subject to the approval of the Secretary of Trans-
portation and under terms and conditions specified by the
Secretary, commissioned officers subject to subsection (a)
may transfer to the United States Coast Guard under sec-
tion 716 of title 10, United States Code.
131
(3) Subject to the approval of the Administrator of
the National Oceanic and Atmospheric Administration
and under terms and conditions specified by that Adminis-
trator, commissioned officers subject to subsection (a)
may be employed by the National Oceanic and Atmos-
pheric Administration as members of the civil service.
(d) REPEALS.—(1) The following provisions of law
are repealed:
(A) The Coast and Geodetic Survey Commis-
sioned Officers’ Act of 1948 (33 U.S.C. 853a–853o,
853p–853u).
(B) The Act of February 16, 1929 (Chapter
221, section 5; 45 Stat. 1187; 33 U.S.C. 852a).
(C) The Act of January 19, 1942 (Chapter 6;
56 Stat. 6).
(D) Section 9 of Public Law 87–649 (76 Stat.
495).
(E) The Act of May 22, 1917 (Chapter 20, sec-
tion 16; 40 Stat. 87; 33 U.S.C. 854 et seq.).
(F) The Act of December 3, 1942 (Chapter
670; 56 Stat. 1038.
(G) Sections 1 through 5 of Public Law 91–621
(84 Stat. 1863; 33 U.S.C. 857–1 et seq.).
(H) The Act of August 10, 1956 (Chapter
1041, section 3; 70A Stat. 619; 33 U.S.C. 857a).
132
(I) The Act of May 18, 1920 (Chapter 190,
section 11; 41 Stat. 603; 33 U.S.C. 864).
(J) The Act of July 22, 1947 (Chapter 286; 61
Stat. 400; 33 U.S.C. 873, 874).
(K) The Act of August 3, 1956 (Chapter 932;
70 Stat. 988; 33 U.S.C. 875, 876).
(L) All other Acts inconsistent with this sub-
section.
Following the repeal of provisions under this paragraph,
all retirement benefits for the NOAA Corps which are in
existence on September 30, 1996, shall continue to apply
to eligible NOAA Corps officers and retirees.
(2) The effective date of the repeals under paragraph
(1) shall be October 1, 1996.
(e) ABOLITION.—The Office of the National Oceanic
and Atmospheric Administration Corps of Operations and
the Commissioned Personnel Center are abolished effective
September 30, 1996.
Subtitle E—Miscellaneous
SEC. 451. WEATHER DATA BUOYS.
(a) PROHIBITION.—It shall be unlawful for any unau-
thorized person to remove, change the location of, ob-
struct, willfully damage, make fast to, or interfere with
any weather data buoy established, installed, operated, or
maintained by the National Data Buoy Center.
133
(b) CIVIL PENALTIES.—The Administrator is author-
ized to assess a civil penalty against any person who vio-
lates any provision of this section in an amount of not
more than $10,000 for each violation. Each day during
which such violation continues shall be considered a new
offense. Such penalties shall be assessed after notice and
opportunity for a hearing.
(c) REWARDS.—The Administrator may offer and
pay rewards for the apprehension and conviction, or for
information helpful therein, of persons found interfering,
in violation of law, with data buoys maintained by the Na-
tional Data Buoy Center; or for information leading to
the discovery of missing National Weather Service prop-
erty or the recovery thereof.
SEC. 452. DUTIES OF THE NATIONAL WEATHER SERVICE.
(a) IN GENERAL.—To protect life and property and
enhance the national economy, the Secretary, through the
National Weather Service, except as outlined in subsection
(b), shall be responsible for—
(1) forecasts and shall serve as the sole official
source of weather warnings;
(2) the issue of storm warnings;
(3) the collection, exchange, and distribution of
meteorological, hydrological, climatic, and oceano-
graphic data and information; and
134
(4) the preparation of hydrometeorological guid-
ance and core forecast information.
(b) COMPETITION WITH PRIVATE SECTOR.—The
National Weather Service shall not compete, or assist
other entities to compete, with the private sector when a
service is currently provided or can be provided by com-
mercial enterprise, unless—
(1) the Secretary finds that the private sector
is unwilling or unable to provide the services; and
(2) the service provides vital weather warnings
and forecasts for the protection of lives and property
of the general public.
(c) AMENDMENTS.—The Act of 1890 is amended—
(1) by striking section 3 (15 U.S.C. 313); and
(2) in section 9 (15 U.S.C. 317), by striking all
after ‘‘Department of Agriculture’’ and inserting in
lieu thereof a period.
(d) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit
to the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing all Na-
tional Weather Service activities which do not conform to
the requirements of this section and outlining a timetable
for their termination.
135
SEC. 453. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Administrator shall exclude
from consideration for awards of financial assistance made
by the National Oceanic and Atmospheric Administration
after fiscal year 1995 any person who received funds,
other than those described in subsection (b), appropriated
for a fiscal year after fiscal year 1995, from any Federal
funding source for a project that was not subjected to a
competitive, merit-based award process. Any exclusion
from consideration pursuant to this section shall be effec-
tive for a period of 5 years after the person receives such
Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
by law for which assistance is awarded to members of the
class according to a formula provided by law.
SEC. 454. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
136
SEC. 455. REPORT ON LABORATORIES.
(a) IN GENERAL.—Not later than 120 days after the
date of the enactment of this Act, the Secretary shall con-
duct a review of the laboratories operated by the National
Oceanic and Atmospheric Administration and submit a re-
port to the Committee on Resources and the Committee
on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate.
(b) REQUIREMENTS.—The report required by sub-
section (a) shall—
(1) address potential efficiencies and savings
which could be achieved through closing or consoli-
dating laboratory facilities;
(2) review each laboratory’s—
(A) mission and activities and their cor-
relation to the mission priorities of the National
Oceanic and Atmospheric Administration;
(B) physical assets, equipment, condition,
and personnel resources; and
(C) organization and program manage-
ment; and
(3) address other issues the Inspector General
consider relevant.
137
SEC. 456. CONVEYANCE OF NATIONAL MARINE FISHERIES
SERVICE 
LABORATORY 
AT 
GLOUCESTER,
MASSACHUSETTS.
(a) CONVEYANCE REQUIRED.—
(1) IN GENERAL.—The Secretary shall convey
to the Commonwealth of Massachusetts all right,
title, and interest of the United States in and to the
property comprising the National Marine Fisheries
Service laboratory located on Emerson Avenue in
Gloucester, Massachusetts.
(2) TERMS.—A conveyance of property under
paragraph (1) shall be made—
(A) without payment of consideration; and
(B) subject to the terms and conditions
specified under subsections (b) and (c).
(b) CONDITIONS FOR TRANSFER.—
(1) IN GENERAL.—As a condition of any con-
veyance of property under this section, the Common-
wealth of Massachusetts shall assume full respon-
sibility for maintenance of the property for as long
as the Commonwealth retains the right and title to
that property.
(2) CONTINUED USE OF PROPERTY BY NMFS.—
The Secretary may enter into a memorandum of un-
derstanding with the Commonwealth of Massachu-
setts under which the National Marine Fisheries
138
Service is authorized to occupy existing laboratory
space on the property conveyed under this section,
if—
(A) the term of the memorandum of un-
derstanding is for a period of not longer than
5 years beginning on the date of enactment of
this Act; and
(B) the square footage of the space to be
occupied by the National Marine Fisheries
Service does not conflict with the needs of, and
is agreeable to, the Commonwealth of Massa-
chusetts.
(c) REVERSIONARY INTEREST.—All right, title, and
interest in and to all property conveyed under this section
shall revert to the United States on the date on which
the Commonwealth of Massachusetts uses any of the prop-
erty for any purpose other than the Commonwealth of
Massachusetts Division of Marine Fisheries resource man-
agement program.
SEC. 457. CLEANUP OF NOAA FACILITIES.
(a) IN GENERAL.—The Secretary shall cleanup land-
fills, wastes, dumps, debris, storage tanks, property, haz-
ardous or unsafe conditions, and contaminants (including,
without limitation, petroleum products and their deriva-
tives), on lands which the National Oceanic and Atmos-
139
pheric Administration and its predecessor agencies aban-
doned, quitclaimed, or otherwise transferred, or is obli-
gated to transfer, to local entities or landowners on the
Pribilof Islands, Alaska, pursuant to the Fur Seal Act of
1966 (16 U.S.C. 1161 et seq.).
(b) SPECIFIC REQUIREMENTS.—To carry out sub-
section (a), the Secretary shall—
(1) by December 31, 1995, execute agreements
with the State of Alaska, affected local entities and
landowners, and in the case of new landfills, the In-
dian Health Service;
(2) manage the cleanup required in subsection
(a) with the minimum possible Federal overhead,
delay, and duplication of State and local planning
and design work;
(3) receive approval of the State of Alaska for
the cleanup plans prepared as a result of the agree-
ments described in subsection (b)(1) where said
cleanup is required by State law;
(4) receive approval of affected local entities
and landowners before conducting cleanup work on
their property, if such approval is not obtained by
agreement in accordance with paragraph (5);
(5) to the maximum extent possible, and not-
withstanding any other law, carry out duties under
140
this Act and under other Federal laws on the
Pribilof Islands through contracts, grants, or cooper-
ative agreements, including agreements on a reim-
bursable basis, with the local entities and land-
owners and with residents of the Pribilof Islands;
and
(6) not require financial contributions by or
from local entities or landowners.
(c) CONTENTS OF AGREEMENTS.—The agreements
described in subsection (b)(1) shall—
(1) require the Secretary to clean up all sites
referred to in subsection (a), as soon as possible;
(2) specify the Secretary’s responsibility to—
(A) contribute to the planning and con-
struction of new or redeveloped landfills;
(B) provide technical and financial assist-
ance and training to the local entities and land-
owners and residents of the Pribilof Islands;
and
(C) to the greatest extent possible, secure
their participation in carrying out this section.
(d) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘cleanup’’ means, without limita-
tion, planning and execution of remediation actions
for lands described in subsection (a) and redevelop-
141
ment of landfills to meet regulatory requirements;
and
(2) the term ‘‘local entities and landowners’’
means those local political subdivisions and entities
that have received or are eligible to receive lands
under the Fur Seal Act of 1966 (16 U.S.C. 1161 et
seq.).
SEC. 458. OCEAN APPLICATIONS BRANCH.
(a) ESTABLISHMENT.—The Secretary of commerce
shall establish and maintain within the Administration a
program to be known as the Ocean Applications Branch
(in this section referred to as the ‘‘Branch’’).
(b) PURPOSE.—The purpose of the Branch shall be
to make oceanographic and other information developed
by 
the 
Department 
of 
Defense 
Fleet 
Numerical
Meterology and Oceanography Center available for pri-
vate, educational, and government use pursuant to agree-
ment between the Secretary of Defense and the Secretary
of Commerce. It shall be the goal of the Secretary of Com-
merce to support the activities of the Ocean Applications
Branch through user fees.
(c) LIMITATION
ON CLOSURE.—The Secretary of
Commerce shall not terminate operation of the Branch,
before the Branch fully funds its operations through pri-
142
vate sources, including user fees, or fiscal year 1996,
whichever comes first.
TITLE V—ENVIRONMENTAL
PROTECTION AGENCY
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Environmental Re-
search, Development, and Demonstration Authorization
Act of 1995’’.
SEC. 502. DEFINITIONS.
For the purposes of this title, the term—
(1) ‘‘Administrator’’ means the Administrator
of the Environmental Protection Agency;
(2) ‘‘Agency’’ means the Environmental Protec-
tion Agency; and
(3) ‘‘Assistant Administrator’’ means the As-
sistant Administrator for Research and Development
of the Agency.
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator $490,000,000 for fiscal year
1996 for the Office of Research and Development for envi-
ronmental research, development, and demonstration ac-
tivities, including program management and support, in
the areas specified in subsection (b), of which—
143
(1) $321,694,800 shall be for Research and De-
velopment; and
(2) $109,263,400 shall be for Program and Re-
search Operations.
(b) SPECIFIC PROGRAMS AND ACTIVITIES.—Of the
amount authorized in subsection (a), there are authorized
to be appropriated the following:
(1) For air related research, $93,915,200, of
which—
(A) $67,111,400 shall be for Research and
Development; and
(B) $26,803,800 shall be for Program and
Research Operations.
(2) For global change research, $2,385,700, of
which—
(A) $2,125,400 shall be for Research and
Development; and
(B) $260,300 shall be for Program and
Research Operations.
(3) 
For 
water 
quality 
related 
research,
$21,243,100, of which—
(A) $9,453,100 shall be for Research and
Development; and
(B) $11,790,000 shall be for Program and
Research Operations.
144
(4) For drinking water related research,
$20,652,400, of which—
(A) $10,376,500 shall be for Research and
Development; and
(B) $10,275,900 shall be for Program and
Research Operations.
(5) For toxic chemical related research,
$11,053,900, of which—
(A) $5,028,600 shall be for Research and
Development; and
(B) $6,025,300 shall be for Program and
Research Operations.
(6) For lab and field expenses, $73,031,600, all
of which shall be for Research and Development.
(7) For headquarters expenses of the Office of
Research and Development, $9,254,800, all of which
shall be for Research and Development.
(8) For multimedia related research expenses,
$158,656,800, of which—
(A) $122,142,900 shall be for Research
and Development;
(B) $31,513,900 shall be for Program and
Research Operations; and
(C) $5,000,000 shall be for graduate stu-
dent fellowships.
145
(9) 
For 
program 
management 
expenses,
$6,399,300, all of which shall be for Program and
Research Operations.
(10) 
For 
pesticide 
related 
research,
$13,345,200, of which—
(A) $7,192,800 shall be for Research and
Development; and
(B) $6,152,400 shall be for Program and
Research Operations.
(11) 
For 
oil 
pollution 
related 
research,
$2,076,900.
(12) For research related to leaking under-
ground storage tanks, $769,400.
(13) For research related to cleanup of con-
taminated sites, $56,195,500.
(14) For research related to hazardous waste,
$21,020,200, of which—
(A) $10,977,700 shall be for Research and
Development; and
(B) $10,042,500 shall be for Program and
Research Operations.
(c) LIMITATIONS.—(1) No funds are authorized to be
appropriated by this title for—
(A) the Environmental Technology Initiative;
(B) the Climate Change Action Plan; or
146
(C) indoor air pollution research.
(2) No sums are authorized to be appropriated for
any fiscal year after fiscal year 1996 for the activities for
which sums are authorized by this title unless such sums
are specifically authorized to be appropriated by Act of
Congress with respect to such fiscal year.
(3) Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1996 for the activities for which sums are authorized by
this title unless such sums are specifically authorized to
be appropriated by this title.
SEC. 504. SCIENTIFIC RESEARCH REVIEW.
(a) IN GENERAL.—The Administrator shall assign to
the Assistant Administrator the duties of—
(1) developing a strategic plan for scientific and
technical research activities throughout the Agency;
(2) integrating that strategic plan into ongoing
Agency planning activities; and
(3) reviewing all Agency research to ensure the
research—
(A) is of high quality; and
(B) does not duplicate any other research
being conducted by the Agency.
(b) REPORT.—The Assistant Administrator shall
transmit annually to the Administrator and to the Com-
147
mittee on Science of the House of Representatives and the
Committee on Environment and Public Works of the Sen-
ate a report detailing—
(1) all Agency research the Assistant Adminis-
trator finds is not of sufficiently high quality; and
(2) all Agency research the Assistant Adminis-
trator finds duplicates other Agency research.
SEC. 505. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
SEC. 506. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Administrator shall exclude
from consideration for awards of financial assistance made
by the Office of Research and Development after fiscal
year 1995 any person who received funds, other than those
described in subsection (b), appropriated for a fiscal year
after fiscal year 1995, from any Federal funding source
for a project that was not subjected to a competitive,
148
merit-based award process. Any exclusion from consider-
ation pursuant to this section shall be effective for a period
of 5 years after the person receives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
by law for which assistance is awarded to members of the
class according to a formula provided by law.
SEC. 507. GRADUATE STUDENT FELLOWSHIPS.
In carrying out the graduate student fellowship pro-
gram for which funds are authorized to be appropriated
by this title, the Administrator shall ensure that any fel-
lowship award to a student selected after the date of the
enactment of this Act is used only to support research that
would further missions of the Office of Research and De-
velopment in fields in which there exists or is projected
to exist a shortage in the number of scientists.
TITLE VI—TECHNOLOGY
Subtitle A—Technology
Administration
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘American Technology
Advancement Act of 1995’’.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
(a) UNDER SECRETARY FOR TECHNOLOGY.—There
are authorized to be appropriated for the Office of the
149
Under Secretary of Commerce for Technology/Office of
Technology Policy $5,066,000 for fiscal year 1996.
(b) NATIONAL
INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY.—There are authorized to be appropriated
the following:
(1) For Scientific and Technical Research and
Services of the National Institute of Standards and
Technology, $275,579,000 for fiscal year 1996, of
which—
(A) $39,628,000 shall be for Electronics
and Electrical Engineering;
(B) $19,565,000 shall be for Manufactur-
ing Engineering;
(C) $28,127,000 shall be for Chemical
Science and Technology;
(D) $28,082,000 shall be for Physics;
(E) $54,314,000 shall be for Material
Science and Engineering;
(F) $13,517,000 shall be for Building and
Fire Research;
(G) $30,704,000 shall be for Computer
Systems;
(H) $10,964,000 shall be for Applied
Mathematics and Scientific Computing;
150
(I) $19,109,000 shall be for Technical As-
sistance;
(J) $28,169,000 shall be for Research
Support; and
(K) $3,400,000 shall be for the Malcolm
Baldrige National Quality Program under sec-
tion 17 of the Stevenson-Wydler Technology In-
novation Act of 1980 (15 U.S.C. 3711a); and
(2) for Construction of Research Facilities of
the National Institute of Standards and Technology,
$62,055,000 for fiscal year 1996.
SEC. 603. NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY ACT AMENDMENTS.
The National Institute of Standards and Technology
Act (15 U.S.C. 271 et seq.) is amended—
(1) in section 10(a)—
(A) by striking ‘‘nine’’ and inserting in lieu
thereof ‘‘15’’; and
(B) by striking ‘‘five’’ and inserting in lieu
thereof ‘‘10’’;
(2) in section 15—
(A) by striking ‘‘Pay Act of 1945; and’’
and inserting in lieu thereof ‘‘Pay Act of
1945;’’; and
151
(B) by inserting ‘‘; and (h) the provision of
transportation services for employees of the In-
stitute between the facilities of the Institute
and nearby public transportation, notwithstand-
ing section 1344 of title 31, United States
Code’’ after ‘‘interests of the Government’’; and
(3) in section 19, by striking ‘‘nor more than
forty’’ and inserting in lieu thereof ‘‘nor more than
60’’.
SEC. 604. STEVENSON-WYDLER TECHNOLOGY INNOVATION
ACT OF 1980 AMENDMENTS.
The Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.) is amended—
(1) in section 11(i) (15 U.S.C. 3710(i))—
(A) by inserting ‘‘loan, lease,’’ after ‘‘de-
partment, may’’; and
(B) by inserting ‘‘Actions taken under this
subsection shall not be subject to Federal re-
quirements on the disposal of property.’’ after
‘‘education and research activities.’’; and
(2) in section 17(c) (15 U.S.C. 3711a(c))—
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as
paragraph (2); and
152
(C) in paragraph (2), as so redesignated
by subparagraph (B) of this paragraph, by
striking ‘‘two’’ and inserting in lieu thereof
‘‘4’’.
SEC. 605. PERSONNEL.
The personnel management demonstration project es-
tablished under section 10 of the National Bureau of
Standards Authorization Act for Fiscal Year 1987 (15
U.S.C. 275 note) is extended indefinitely.
SEC. 606. FASTENER QUALITY ACT AMENDMENTS.
(a) SECTION 2 AMENDMENTS.—Section 2 of the Fas-
tener Quality Act (15 U.S.C. 5401) is amended—
(1) by striking subsection (a)(4), and redesig-
nating paragraphs (5) through (9) as paragraphs
(4) through (8), respectively;
(2) in subsection (a)(7), as so redesignated by
paragraph (1) of this subsection, by striking ‘‘by lot
number’’; and
(3) in subsection (b), by striking ‘‘used in criti-
cal applications’’ and inserting in lieu thereof ‘‘in
commerce’’.
(b) SECTION 3 AMENDMENTS.—Section 3 of the Fas-
tener Quality Act (15 U.S.C. 5402) is amended—
(1) in paragraph (1)(B) by striking ‘‘having a
minimum tensile strength of 150,000 pounds per
153
square inch’’ and inserting in lieu thereof ‘‘having a
minimum Rockwell C hardness of 40 or above’’;
(2) in paragraph (2)—
(A) by inserting ‘‘International Organiza-
tion for Standardization,’’ after ‘‘Society of
Automotive Engineers,’’; and
(B) by inserting ‘‘consensus’’ after ‘‘or any
other’’;
(3) in paragraph (5)—
(A) by inserting ‘‘or’’ after ‘‘standard or
specification,’’ in subparagraph (B);
(B) by striking ‘‘or’’ at the end of subpara-
graph (C);
(C) by striking subparagraph (D); and
(D) by inserting ‘‘or produced in accord-
ance with ASTM F 432’’ after ‘‘307 Grade A’’;
(4) in paragraph (6) by striking ‘‘other person’’
and inserting in lieu thereof ‘‘government agency’’;
(5) in paragraph (8) by striking ‘‘Standard’’
and inserting in lieu thereof ‘‘Standards’’;
(6) by striking paragraph (11) and redesignat-
ing paragraphs (12) through (15) as paragraphs
(11) through (14), respectively;
(7) in paragraph (13), as so redesignated by
paragraph (6) of this subsection, by striking ‘‘, a
154
government agency’’ and all that follows through
‘‘markings of any fastener’’ and inserting in lieu
thereof ‘‘or a government agency’’; and
(8) in paragraph (14), as so redesignated by
paragraph (6) of this subsection, by inserting ‘‘for
the purpose of achieving a uniform hardness’’ after
‘‘quenching and tempering’’.
(c) SECTION 4 REPEAL.—Section 4 of the Fastener
Quality Act (15 U.S.C. 5403) is repealed.
(d) SECTION 5 AMENDMENTS.—Section 5 of the Fas-
tener Quality Act (15 U.S.C. 5404) is amended—
(1) in subsection (a)(1)(B) and (2)(A)(i) by
striking ‘‘subsections (b) and (c)’’ and inserting in
lieu thereof ‘‘subsections (b), (c), and (d)’’;
(2) in subsection (c)(2) by striking ‘‘or, where
applicable’’ and all that follows through ‘‘section
7(c)(1)’’;
(3) in subsection (c)(3) by striking ‘‘, such as
the chemical, dimensional, physical, mechanical, and
any other’’;
(4) in subsection (c)(4) by inserting ‘‘except as
provided in subsection (d),’’ before ‘‘state whether’’;
and
(5) by adding at the end the following new sub-
section:
155
‘‘(d) ALTERNATIVE
PROCEDURE
FOR
CHEMICAL
CHARACTERISTICS.—Notwithstanding the requirements of
subsections (b) and (c), a manufacturer shall be deemed
to have demonstrated, for purposes of subsection (a)(1),
that the chemical characteristics of a lot conform to the
standards and specifications to which the manufacturer
represents such lot has been manufactured if the following
requirements are met:
‘‘(1) The coil or heat number of metal from
which such lot was fabricated has been inspected
and tested with respect to its chemical characteris-
tics by a laboratory accredited in accordance with
the procedures and conditions specified by the Sec-
retary under section 6.
‘‘(2) Such laboratory has provided to the manu-
facturer, either directly or through the metal manu-
facturer, a written inspection and testing report,
which shall be in a form prescribed by the Secretary
by regulation, listing the chemical characteristics of
such coil or heat number.
‘‘(3) The report described in paragraph (2) in-
dicates that the chemical characteristics of such coil
or heat number conform to those required by the
standards and specifications to which the manufac-
turer represents such lot has been manufactured.
156
‘‘(4) The manufacturer demonstrates that such
lot has been fabricated from the coil or heat number
of metal to which the report described in paragraphs
(2) and (3) relates.
In prescribing the form of report required by subsection
(c), the Secretary shall provide for an alternative to the
statement required by subsection (c)(4), insofar as such
statement pertains to chemical characteristics, for cases
in which a manufacturer elects to use the procedure per-
mitted by this subsection.’’.
(e) SECTION 6 AMENDMENT.—Section 6(a)(1) of the
Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended
by striking ‘‘Within 180 days after the date of enactment
of this Act, the’’ and inserting in lieu thereof ‘‘The’’.
(f) SECTION 7 AMENDMENTS.—Section 7 of the Fas-
tener Quality Act (15 U.S.C. 5406) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) DOMESTICALLY PRODUCED FASTENERS.—It
shall be unlawful for a manufacturer to sell any shipment
of fasteners covered by this Act which are manufactured
in the United States unless the fasteners—
‘‘(1) have been manufactured according to the
requirements of the applicable standards and speci-
fications and have been inspected and tested by a
157
laboratory accredited in accordance with the proce-
dures and conditions specified by the Secretary
under section 6; and
‘‘(2) an original laboratory testing report de-
scribed in section 5(c) and a manufacturer’s certifi-
cate of conformance are on file with the manufac-
turer, or under such custody as may be prescribed
by the Secretary, and available for inspection,’’;
(2) in subsection (c)(2) by inserting ‘‘to the
same’’ after ‘‘in the same manner and’’;
(3) in subsection (d)(1) by striking ‘‘certificate’’
and inserting in lieu thereof ‘‘test report’’; and
(4) by striking subsections (e), (f), and (g) and
inserting in lieu thereof the following:
‘‘(e) COMMINGLING.—It shall be unlawful for any
manufacturer, importer, or private label distributor to
commingle like fasteners from different lots in the same
container, except that such manufacturer, importer, or
private label distributor may commingle like fasteners of
the same type, grade, and dimension from not more than
two tested and certified lots in the same container during
repackaging and plating operations. Any container which
contains fasteners from two lots shall be conspicuously
marked with the lot identification numbers of both lots.
158
‘‘(f) SUBSEQUENT PURCHASER.—If a person who
purchases fasteners for any purpose so requests either
prior to the sale or at the time of sale, the seller shall
conspicuously mark the container of the fasteners with the
lot number from which such fasteners were taken.’’.
(g) SECTION 9 AMENDMENT.—Section 9 of the Fas-
tener Quality Act (15 U.S.C. 5408) is amended by adding
at the end the following new subsection:
‘‘(d) ENFORCEMENT.—The Secretary may designate
officers or employees of the Department of Commerce to
conduct investigations pursuant to this Act. In conducting
such investigations, those officers or employees may, to
the extent necessary or appropriate to the enforcement of
this Act, exercise such authorities as are conferred upon
them by other laws of the United States, subject to policies
and procedures approved by the Attorney General.’’.
(h) SECTION 10 AMENDMENTS.—Section 10 of the
Fastener Quality Act (15 U.S.C. 5409) is amended—
(1) in subsections (a) and (b), by striking ‘‘10
years’’ and inserting in lieu thereof ‘‘5 years’’; and
(2) in subsection (b), by striking ‘‘any subse-
quent’’ and inserting in lieu thereof ‘‘the subse-
quent’’.
(i) SECTION 13 AMENDMENT.—Section 13 of the
Fastener Quality Act (15 U.S.C. 5412) is amended by
159
striking ‘‘within 180 days after the date of enactment of
this Act’’.
(j) SECTION 14 REPEAL.—Section 14 of the Fastener
Quality Act (15 U.S.C. 5413) is repealed.
SEC. 607. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
SEC. 608. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1996 for the activities for which sums are authorized by
this title unless such sums are specifically authorized to
be appropriated by this title.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities for which sums are authorized
by this title unless such sums are specifically authorized
160
to be appropriated by Act of Congress with respect to such
fiscal year.
SEC. 609. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Director shall exclude from
consideration for awards of financial assistance made by
the Under Secretary for Technology/Office of Technology
Policy or the National Institute of Standards and Tech-
nology after fiscal year 1995 any person who received
funds, other than those described in subsection (b), appro-
priated for a fiscal year after fiscal year 1995, from any
Federal funding source for a project that was not sub-
jected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall
be effective for a period of 5 years after the person re-
ceives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
by law for which assistance is awarded to members of the
class according to a formula provided by law.
SEC. 610. STANDARDS CONFORMITY.
(a) USE OF STANDARDS.—Section 2(b) of the Na-
tional Institute of Standards and Technology Act (15
U.S.C. 272(b)) is amended—
161
(1) by striking ‘‘, including comparing stand-
ards’’ and all that follows through ‘‘Federal Govern-
ment’’;
(2) by redesignating paragraphs (3) through
(11) as paragraphs (4) through (12), respectively;
and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) to compare standards used in scientific in-
vestigations, engineering, manufacturing, commerce,
industry, and educational institutions with the
standards adopted or recognized by the Federal Gov-
ernment and to coordinate the use by Federal agen-
cies of private sector standards, emphasizing where
possible the use of standards developed by private,
consensus organizations;’’.
(b) CONFORMITY ASSESSMENT ACTIVITIES.—Section
2(b) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 272(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(11), as so redesignated by subsection (a)(2) of this
section;
(2) by striking the period at the end of para-
graph (12), as so redesignated by subsection (a)(2)
162
of this section, and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new
paragraph:
‘‘(13) to coordinate Federal, State, local, and
private sector standards conformity assessment ac-
tivities, with the goal of eliminating unnecessary du-
plication and complexity in the development and pro-
mulgation of conformity assessment requirements
and measures.’’.
(c) TRANSMITTAL OF PLAN TO CONGRESS.—The Na-
tional Institute of Standards and Technology shall, by
January 1, 1996, transmit to the Congress a plan for im-
plementing the amendments made by this section.
SEC. 611. FURTHER AUTHORIZATIONS.
Nothing in this Act shall preclude further authoriza-
tion of appropriations for the Manufacturing Extension
Partnerships program under sections 25 and 26 of the Na-
tional Institute of Standards and Technology Act (15
U.S.C. 278k and 278l) for fiscal year 1996: Provided,
That authorization allocations adopted by the Conference
Committee on House Concurrent Resolution 67, and ap-
proved by Congress, allow for such further authorizations.
163
SEC. 612. AVAILABLE FUNDING.
Nothing in this title prohibits the National Institute
of Standards and Technology from using available funds
to perform standards-related research and development
activities relating to environmental technologies, health
care, information infrastructure, and construction tech-
nologies.
TITLE VII—UNITED STATES FIRE
ADMINISTRATION
SEC. 701 SHORT TITLE.
This title may be cited as the ‘‘Fire Administration
Authorization Act of 1995’’.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2216(a)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting in lieu thereof a semi-
colon; and
(3) by adding at the end the following new sub-
paragraphs:
‘‘(G) $28,000,000 for the fiscal year ending
September 30, 1996, which, notwithstanding sub-
section (h), includes any amounts appropriated
164
under subsection (h) (3) and (4) for fiscal year
1996; and
‘‘(H) $28,000,000 for the fiscal year ending
September 30, 1997.’’.
SEC. 703. FIRE SAFETY SYSTEMS IN ARMY HOUSING.
Section 31(c)(1)(A)(ii)(II) is amended by inserting ‘‘,
or in the case of housing under the control of the Depart-
ment of the Army, 6 years after such date of enactment’’
after ‘‘date of enactment’’.
SEC. 704. SUCCESSOR FIRE SAFETY STANDARDS.
The Federal Fire Prevention and Control Act of 1974
is amended—
(1) in section 29(a)(1), by inserting ‘‘, or any
successor standard thereto,’’ after ‘‘Association
Standard 74’’;
(2) in section 29(a)(2), by inserting ‘‘or any
successor standards thereto,’’ after ‘‘whichever is ap-
propriate,’’;
(3) in section 29(b)(2), by inserting ‘‘, or any
successor standards thereto’’ after ‘‘Association
Standard 13 or 13–R’’;
(4) in section 31(c)(2)(B)(i), by inserting ‘‘or
any successor standard thereto,’’ after ‘‘Life Safety
Code),’’; and
165
(5) in section 31(c)(2)(B)(ii), by inserting ‘‘or
any successor standard thereto,’’ after ‘‘Association
Standard 101,’’.
SEC. 705. TERMINATION OR PRIVATIZATION OF FUNC-
TIONS.
The Administrator of the United States Fire Admin-
istration shall transmit to Congress a report providing no-
tice at least 60 days in advance of the termination or
transfer to a private sector entity of any significant func-
tion of the United States Fire Administration.
SEC. 706. REPORT ON BUDGETARY REDUCTION.
The Administrator of the United States Fire Admin-
istration shall transmit to Congress, within three months
after the date of the enactment of this Act, a report set-
ting forth the manner in which the United States Fire
Administration intends to implement the budgetary reduc-
tion represented by the difference between the amount ap-
propriated to the United States Fire Administration for
fiscal year 1996 and the amount requested in the Presi-
dent’s budget request for such fiscal year. Such report
shall be prepared in consultation with the Alliance for Fire
and Emergency Management, the International Associa-
tion of Fire Chiefs, the International Association of Fire
Fighters, the National Fire Protection Association, the
National Volunteer Fire Council, the National Association
166
of State Fire Marshals, and the International Association
of Arson Investigators.
TITLE VIII—BUY AMERICAN
SEC. 801. BUY AMERICAN.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that any recipient of a grant under this Act, or
under any amendment made by this Act, should purchase,
when available and cost-effective, American made equip-
ment and products when expending grant monies.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In al-
locating grants under this Act, or under any amendment
made by this Act, the Secretary shall provide to each re-
cipient a notice describing the statement made in sub-
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
and 1997 for civilian science activities of the
Federal Government, and for other purposes.