civil space program which balances human space
flight with science, aeronautics, and technology;
(8) the International Space Station should be
an inspiration to society, particularly our young peo-
ple, and should provide new and expanded opportu-
nities to meet important educational goals; and
(9) when completed, the International Space
Station will be the largest, most capable micro-
gravity research facility ever developed. It will pro-
vide a lasting framework for conducting large-scale
science programs with international partners and it
is the next step in the human exploration of space.
The United States should commit to completing this
program, thereby reaping the benefits of scientific
research and international cooperation.
SEC. 242. COMMERCIALIZATION OF SPACE STATION.
(a) POLICY.—The Congress declares that a priority
goal of constructing the International Space Station is the
economic development of Earth orbital space. The Con-
gress further declares that the use of free market prin-
ciples in operating, allocating the use of, and adding capa-
bilities to the Space Station, and the resulting fullest pos-
sible engagement of commercial providers and participa-
tion of commercial users, will reduce Space Station oper-
ational costs for all partners and the Federal Govern-
ment’s share of the United States burden to fund oper-
ations.
(b) REPORT.—The Administrator shall deliver to the
Congress, within 60 days after the date of the enactment
of this Act, a market study that examines the role of com-
mercial ventures which could supply, use, service, or aug-
ment the International Space Station, the specific policies
and initiatives the Administrator is advancing to encour-
age these commercial opportunities, the cost savings to be
realized by the international partnership from applying
commercial approaches to cost-shared operations, and the
cost reimbursements to the United States Federal Govern-
ment from commercial users of the Space Station.
SEC. 243. SENSE OF CONGRESS.
It is the sense of Congress that the ‘‘cost incentive
fee’’ single prime contract negotiated by the National Aer-
onautics and Space Administration for the International
Space Station, and the consolidation of programmatic and
financial accountability into a single Space Station Pro-
gram Office, are two examples of reforms for the reinven-
tion of all National Aeronautics and Space Administration
programs that should be applied as widely and as quickly
as possible throughout the Nation’s civil space program.
SEC. 244. SPACE STATION ACCOUNTING REPORT.
(a) ANNUAL REPORT TO THE CONGRESS.—The Ad-
ministrator shall transmit a report to the Congress each
year containing a complete accounting of all costs of the
space station, including cash and other payments to Rus-
sia.
(b) QUARTERLY REPORTS FROM RUSSIA.—The Ad-
ministrator shall obtain quarterly reports from the Rus-
sian Space Agency during the term of the contract be-
tween the Russian Space Agency and the National Aero-
nautics and Space Administration which fully account for
the disposition of funds paid or transferred by the Na-
tional Aeronautics and Space Administration to Russia,
including—
(1) the amount of funds received from the Na-
tional Aeronautics and Space Administration and
the date of their receipt;
(2) the amount of funds converted from United
States currency by the Russian Space Agency, the
currency into which the funds have been converted,
and the dates and exchange rates of each such con-
version;
(3) the amount of non-United States currency,
and of United States currency, disbursed by the
Russian Space Agency to any contractor or sub-
contractor, the identity of such contractor or sub-
contractor, and the date on which the funds were
disbursed; and
(4) the balance of the funds provided by the
National Aeronautics and Space Administration
which have not been disbursed by the Russian Space
Agency as of the date of the report.
Subtitle D—Miscellaneous
Provisions
SEC. 251. 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 striking ‘‘and any payload’’ and in-
serting in lieu thereof ‘‘or reentry vehicle and
any payload from Earth’’ in paragraph (3);
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘means of a launch vehicle’’ in paragraph (8);
(C) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(D) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return or
attempt to return, purposefully, a reentry vehicle
and its payload, if any, from Earth orbit or from
outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to return from
outer space substantially intact.’’; and
(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(C) 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 to re-
enter 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 a reentry site, or the
reentry 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’’;
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’; and
(C) by inserting ‘‘or reentry vehicle’’ after
‘‘with 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 ‘‘or reentry’’ after
‘‘launch’’ in subsection (a)(1)(A);
(B) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(C) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(D) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(F) 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
(G) 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 inserting ‘‘applicable’’ after ‘‘car-
ried out under the’’ in paragraphs (1) and (2)
of subsection (b);
(E) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
(F) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(G) 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; and
(15) in section 70117—
(A) by inserting ‘‘or reentry site, or to re-
enter 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,’’; and
(ii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2).
(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, Unit-
ed States Code, as added by paragraph (1)(F) of this sub-
section.
(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’’.
(c) REGULATIONS.—(1) Chapter 701 of title 49,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 70120. Regulations
‘‘The Secretary of Transportation, within 6 months
after the date of the enactment of this section, shall issue
regulations to carry out this chapter that include—
‘‘(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third
parties;
‘‘(2) procedures for requesting and obtaining li-
censes to operate a commercial launch vehicle and
reentry vehicle;
‘‘(3) procedures for requesting and obtaining
operator licenses for launch and reentry; and
‘‘(4) procedures for the application of govern-
ment indemnification.’’.
(2) The table of sections for such chapter 701 is
amended by adding after the item relating to section
70119 the following new item:
‘‘70120. Regulations.’’.
(d) REPORT TO CONGRESS.—(1) Chapter 701 of title
49, United States Code, is further amended by adding at
the end the following new section:
‘‘§ 70121. Report to Congress
‘‘The Secretary of Transportation shall submit to
Congress an annual report to accompany the President’s
budget request that—
‘‘(1) describes all activities undertaken under
this chapter, including a description of the process
for the application for and approval of licenses under
this chapter and recommendations for legislation
that may further commercial launches and reentries;
and
‘‘(2) reviews the performance of the regulatory
activities and the effectiveness of the Office of Com-
mercial Space Transportation.’’.
(2) The table of sections for such chapter 701 is fur-
ther amended by adding after the item relating to section
70120, as added by subsection (c)(2) of this section, the
following new item:
‘‘70121. Report to Congress.’’.
SEC. 252. REQUIREMENT FOR INDEPENDENT COST ANALY-
SIS.
Before any funds may be obligated for Phase C of
a project that is projected to cost more than $75,000,000
in total project costs, the Chief Financial Officer for the
National Aeronautics and Space Administration shall con-
duct an independent cost analysis of such project and shall
report the results to Congress. In developing cost account-
ing and reporting standards for carrying out this section,
the Chief Financial Officer shall, to the extent practicable
and consistent with other laws, solicit the advice of exper-
tise outside of the National Aeronautics and Space Admin-
istration.
SEC. 253. OFFICE OF SPACE COMMERCE.
(a) ESTABLISHMENT.—There is established within
the Department of Commerce an Office of Space Com-
merce.
(b) FUNCTIONS.—The Office of Space Commerce
shall be the principal unit for the coordination of space-
related issues, programs, and initiatives within the De-
partment of Commerce. The Office’s primary responsibil-
ities shall include—
(1) promoting private sector investment in
space activities by collecting, analyzing, and dissemi-
nating information on space markets, and conduct-
ing workshops and seminars to increase awareness
of commercial space opportunities;
(2) assisting United States commercial provid-
ers in their efforts to do business with the United
States Government, and acting as an industry advo-
cate within the executive branch to ensure that the
Federal Government meets its space-related require-
ment, to the fullest extent feasible, with commer-
cially available space goods and services;
(3) ensuring that the United States Govern-
ment does not compete with the private sector in the
provision of space hardware and services otherwise
available from the private sector;
(4) promoting the export of space-related goods
and services;
(5) representing the Department of Commerce
in the development of United States policies and in
negotiations with foreign countries to ensure free
and fair trade internationally in the area of space
commerce;
(6) seeking the removal of legal, policy, and in-
stitutional impediments to space commerce; and
(7) licensing private sector parties to operate
private remote sensing space systems and supporting
the private sector’s role in the commercial develop-
ment of Landsat remote sensing data distribution.
SEC. 254. 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 (f) and redesignating
subsections (g) and (h) as subsections (f) and (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, at his discretion or at the
request of a private sector entity, shall delay for a period
of at least one day, but not to exceed 5 years, the unre-
stricted public disclosure of technical data in the posses-
sion of, or under the control of, the Administration that
has been generated in the performance of experimental,
developmental, or research activities or programs funded
jointly by the Administration and such private sector en-
tity.
‘‘(2) Within 1 year after the date of the enactment
of the National Aeronautics and Space Administration Au-
thorization Act, Fiscal Year 1997, 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) The Administrator shall annually report to the
Congress all determinations made under paragraph (1).
‘‘(5) 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. 255. 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.
(3) REQUIREMENT.—At least 1 percent of
amounts authorized to be appropriated under section
212(4) shall be used for innovative technology pro-
curements 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. 256. 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 notifies the Congress that the Administrator re-
viewed existing National Aeronautics and Space Adminis-
tration and other federally owned facilities, including mili-
tary facilities scheduled for closing or reduction, and found
no such facilities appropriate for the intended use.
SEC. 257. PURCHASE OF SPACE SCIENCE DATA.
(a) IN GENERAL.—To the maximum extent possible,
the National Aeronautics and Space Administration shall,
where cost effective, purchase space science data from the
United States private sector. Examples of such data in-
clude scientific data concerning the elemental and mineral-
ogical resources of the moon and the planets, Earth envi-
ronmental data obtained through remote sensing observa-
tions, and solar storm monitoring.
(b) COMPETITIVE BIDDING.—(1) Contracts for the
purchase of space data under this section shall be awarded
in a process of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the purposes
of supporting the bid or fulfilling the terms of the con-
tract, shall not be required of bidders or awardees of the
contract.
(3) Reasonable performance specifications, rather
than design or construction specifications, shall be used
to the maximum extent feasible to define requirements for
United States private sector providers with respect to the
design, construction, or operation of equipment used in ob-
taining space science data under contracts entered into
under this section. This subsection shall not be construed
to prohibit the Federal Government from requiring com-
pliance with applicable safety standards.
(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. 258. PLAN FOR 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 containing a plan for
Mission to Planet Earth.
(b) CONTENTS.—The report 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 described in the National Aeronautics and
Space Administration Strategic Plan issued in May,
1994;
(6) a plan for developing metrics and milestones
to quantify the performance of work on Mission to
Planet Earth; and
(7) a plan for the role, structure, and operation
of the Earth Observing Satellite Data Information
System.
(C) make recommendations to promote the dis-
semination to the private sector of information on
advanced technology research and development per-
formed by or for the National Aeronautics and
Space Administration; and
(D) identify policy, regulatory, and legislative
barriers to the implementation of the recommenda-
tions made under this subsection.
(3) The results of the study conducted under this
subsection shall be transmitted to the Congress within 6
months after the date of the enactment of this Act.
(c) ADMINISTRATION.—This section shall be carried
out as part of the Commercial Remote Sensing Program
at the Stennis Space Center.
SEC. 260. 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 after the year 2012. Such plan
shall keep safety and cost effectiveness as high priorities.
Nothing in this section shall prohibit the National Aero-
nautics and Space Administration from studying, design-
ing, developing, or funding upgrades or modifications es-
sential to the safe and economical operation of the Space
Shuttle fleet.
(b) 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.
(c) FEASIBILITY STUDY.—The Administrator shall
conduct a study of the feasibility of implementing the rec-
ommendation of the Independent Shuttle Management Re-
view Team that the National Aeronautics and Space Ad-
ministration transition toward the privatization of the
Space Shuttle. The study shall identify, discuss, and,
where possible, present options for resolving, the major
policy and legal issues that must be addressed before the
Space Shuttle is privatized, including—
(1) whether the Federal Government or the
Space Shuttle contractor should own the Space
Shuttle orbiters and ground facilities;
(2) whether the Federal Government should in-
demnify the contractor for any third party liability
arising from Space Shuttle operations, and, if so,
under what terms and conditions;
(3) whether payloads other than National Aero-
nautics and Space Administration payloads should
be allowed to be launched on the Space Shuttle, how
missions will be prioritized, and who will decide
which mission flies and when;
(4) whether commercial payloads should be al-
lowed to be launched on the Space Shuttle and
whether any classes of payloads should be made in-
eligible for launch consideration;
(5) whether National Aeronautics and Space
Administration and other Federal Government pay-
loads should have priority over non-Federal payloads
in the Space Shuttle launch assignments, and what
policies should be developed to prioritize among pay-
loads generally;
(6) whether the public interest requires that
certain Space Shuttle functions continue to be per-
formed by the Federal Government; and
(7) how much cost savings, if any, will be gen-
erated by privatization of the Space Shuttle.
(d) REPORT TO CONGRESS.—Within 60 days after
the date of the enactment of this Act, the National Aero-
nautics and Space Administration shall complete the study
required under subsection (c) and shall submit a report
on the study to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives.
SEC. 261. 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. 262. 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,
whose total cost can be reduced through issuance of one
or more long-term, renewable, block purchase contracts
for the performance of such operations by United States
commercial sector providers.
(2) Within 90 days after the date of the enactment
of this Act, the Administrator shall issue a request for
proposals to provide services which meet all or part of the
microgravity flight needs of the National Aeronautics and
Space Administration, as described in paragraph (1) at
a net savings to the United States Government. The Ad-
ministrator shall coordinate the process of review of such
proposals, and shall oversee the transfer of such oper-
ations to the commercial sector as specified in paragraph
(3).
(3) Within 6 months after the issuance of a request
for proposals under paragraph (2), the Administrator
shall, where cost effective, award one or more contracts
for microgravity parabolic flight services to a microgravity
flight provider that is certified by the Federal Aviation Ad-
ministration. Except as provided in paragraph (4), the Ad-
ministrator shall cease all National Aeronautics and Space
Administration-operated parabolic aircraft flights, and
shall thereafter procure all microgravity parabolic flight
services from commercial sector providers. National Aero-
nautics and Space Administration experimenters, and Na-
tional Aeronautics and Space Administration-funded ex-
perimenters, who would otherwise use National Aero-
nautics and Space Administration-owned or operated
microgravity parabolic flight aircraft, shall be issued
vouchers for the procurement of microgravity parabolic
flight services from the commercial 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. 263. 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. 264. 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.
SEC. 265. COST EFFECTIVENESS CALCULATIONS.
In calculating the cost effectiveness of the cost of the
National Aeronautics and Space Administration engaging
in an activity as compared to the private sector, the com-
parison shall be made based only on the price the private
sector provider will charge for such activity.
SEC. 266. PROCUREMENT OMBUDSMAN.
(a) ESTABLISHMENT.—The Administrator shall es-
tablish the position of Procurement Ombudsman for the
National Aeronautics and Space Administration.
(b) FUNCTIONS.—The Procurement Ombudsman
shall—
(1) be responsible, in consultation with the Of-
fice of Procurement, for reviewing proposed new
missions for the National Aeronautics and Space
Administration to determine if such missions, or ele-
ments thereof, can be fulfilled by United States com-
mercial providers; and
(2) serve as a point of contact for—
(A) persons with whom the National Aero-
nautics and Space Administration has entered
into a procurement contract, with respect to
concerns of those persons about that contract;
and
(B) United States commercial providers,
with respect to issues relating to competition
between those providers and the Federal Gov-
ernment.
(c) REPORTS TO CONGRESS.—The Procurement Om-
budsman shall annually, in conjunction with the Presi-
dent’s annual budget request, transmit a report to Con-
gress describing the activities of the Ombudsman during
the previous year.
SEC. 267. AUTHORITY TO REDUCE OR SUSPEND CONTRACT
PAYMENTS BASED ON SUBSTANTIAL EVI-
DENCE OF FRAUD.
Section 2307(h)(8) of title 10, United States Code,
is amended by striking ‘‘and (4)’’ and inserting in lieu
thereof ‘‘(4), and (6)’’.
TITLE III—UNITED STATES FIRE
ADMINISTRATION
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Fire Administration
Authorization Act of 1996’’.
SEC. 302. 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 ‘‘; and’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(G) $27,560,000 for the fiscal year ending
September 30, 1997.’’.
SEC. 303. 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. 304. 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
(5) in section 31(c)(2)(B)(ii), by inserting ‘‘or
any successor standard thereto,’’ after ‘‘Association
Standard 101,’’.
SEC. 305. 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. 306. 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 1997 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
of State Fire Marshals, and the International Association
of Arson Investigators.
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 1996’’.
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.
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, $445,668,000 for fiscal year 1997.
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.—(1) There are author-
ized to be appropriated to the Secretary to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out the public warning and forecast systems duties of the
National Weather Service, $64,991,000 for fiscal year
1997. Such duties include the development, acquisition,
and implementation of major public warning and forecast
systems, including the upgrade of computer facilities.
None of the funds authorized under this subsection shall
be used for the purposes for which funds are authorized
under subsection (e). 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 Atmospheric Administration Authorization
Act of 1992 (Public Law 102–567). None of the funds
authorized by such section 102(b) shall be expended for
a particular NEXRAD installation unless—
(A) 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
(B) it is to be used only for spare parts, not as
an installation at a particular site.
(2) Of the amounts authorized under paragraph (1),
$42,935,000 shall be for NEXRAD program manage-
ment, operations, and maintenance.
(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)(1), $10,056,000 for fiscal
year 1997 are authorized to be appropriated to the Sec-
retary, for the acquisition and deployment of—
(1) the Automated Surface Observing System
and related systems, including multisensor and
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 COMPLETE
PROGRAM
AUTHORIZA-
TION.—(1) Except as provided in paragraph (2), there are
authorized to be appropriated to the Secretary for all fiscal
years beginning after September 30, 1996, an aggregate
of $271,166,000, to remain available until expended, to
complete the acquisition and deployment of the Advanced
Weather Interactive Processing System and NOAA Port
and to cover all associated activities, including program
management and operations and maintenance through
September 30, 1999.
(2) No funds are authorized to be appropriated for
any fiscal year under paragraph (1) unless, within 60 days
after the submission of the President’s budget request for
such fiscal year, the Secretary—
(A) certifies to the Congress that—
(i) the systems meet the technical perform-
ance specifications included in the system con-
tract as in effect on August 11, 1995;
(ii) the systems can be fully deployed,
sited, and operational without requiring further
appropriations 
beyond 
amounts 
authorized
under paragraph (1); and
(iii) the Secretary does not foresee any
delays in the systems deployment and oper-
ations schedule; or
(B) submits to the Congress a report which de-
scribes—
(i) the circumstances which prevent a cer-
tification under subparagraph (A);
(ii) remedial actions undertaken or to be
undertaken with respect to such circumstances;
(iii) the effects of such circumstances on
the systems deployment and operations schedule
and systems coverage; and
(iv) a justification for proceeding with the
program, if appropriate.
(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, $11,000,000 for fiscal year 1997. Such
activities include planning, design, and land acquisition re-
lated to such offices.
(g) STREAMLINING WEATHER SERVICE MODERNIZA-
TION.—
(1) REPEALS.—Sections 706 and 707 of the
Weather Service Modernization Act (15 U.S.C. 313
note) are repealed.
(2) CONFORMING AMENDMENTS.—The Weather
Service Modernization Act (15 U.S.C. 313 note) is
amended—
(A) in section 702, by striking paragraph
(3) and redesignating paragraphs (4) through
(10) as paragraphs (3) through (9), respec-
tively; and
(B) in section 703—
(i) by striking ‘‘(a) NATIONAL IMPLE-
MENTATION PLAN.—’’;
(ii) by striking paragraph (3) and re-
designating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively;
and
(iii) by striking subsections (b) and
(c).
SEC. 412. ATMOSPHERIC RESEARCH.
(a) CLIMATE AND AIR QUALITY RESEARCH.—There
are authorized to be appropriated to the Secretary to en-
able the National Oceanic and Atmospheric Administra-
tion to carry out its climate and air quality research du-
ties, $99,272,000 for fiscal year 1997. Such duties include
internannual and seasonal climate research and long-term
climate and air quality research.
(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, $43,182,000 for fiscal
year 1997. Such duties include research for developing im-
proved prediction capabilities for atmospheric processes,
as well as solar-terrestrial research and services.
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,
$308,473,000 for fiscal year 1997, 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-
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 $147,664,000 for fiscal year
1997, to remain available until expended, for the procure-
ment and launch of, and supporting ground systems for,
Polar Orbiting Environmental Satellites, K, L, M, N, and
N1.
(c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL
SATELLITES.—Of the sums authorized in subsection (a),
there are authorized to be appropriated to the Adminis-
trator $70,757,000 for fiscal year 1997, to remain avail-
able until expended to procure up to three additional Geo-
stationary Operational Environmental NEXT Satellites
(GOES I–M clones), instruments, and supporting ground
systems.
(d) 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 1997, $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.
(e) ENVIRONMENTAL
DATA
AND
INFORMATION
SERVICES.—There are authorized to be appropriated to
the Secretary to enable the National Oceanic and Atmos-
pheric Administration to carry out its environmental data
and information services duties, $44,898,000 for fiscal
year 1997. Such duties include climate data services, geo-
physical data services, and environmental assessment and
information services.
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, $36,500,000 for
fiscal year 1997.
(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-
tivities under the Act of 1947 and any other law involving
those activities, $20,163,000 for fiscal year 1997.
(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, $11,000,000 for fiscal year 1997.
(2) 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, $3,000,000 for fiscal year 1997.
(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
support estuarine and coastal assessment activities
under the Act of 1947 and any other law involving
those activities, $2,674,000 for fiscal year 1997.
(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, $21,925,000 for fiscal year
1997.
(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, $1,200,000 for fiscal year 1997.
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, $14,808,000 for fiscal year 1997.
(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, $34,500,000 for fiscal year 1997.’’.
(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
‘‘$1,500,000 for fiscal year 1997’’.
(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’’.
(c) COASTAL OCEAN PROGRAM.—There are author-
ized to be appropriated to the Secretary, to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out the Coastal Ocean Program, $17,300,000 for fiscal
year 1997.
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, $20,000,000 for fiscal
year 1997.
(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, $33,000,000 for fiscal year 1997.
(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 1997.
(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,
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
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
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, $56,292,000 for fiscal year 1997.
(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, $9,153,000 for fiscal year
1997.
(f) FACILITIES REPAIRS AND RENOVATIONS.—There
are authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Administra-
tion to carry out facilities repairs and renovations,
$7,546,000 for fiscal year 1997.
Subtitle D—Streamlining of
Operations
SEC. 441. PROGRAMS.
(a) PROGRAMS.—No funds are authorized to be ap-
propriated 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.
(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.
(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).
(17) The Southeast United States Caribbean
Fisheries Oceanographic Coordinated Investigations
Program.
(18) National Coastal Research and Develop-
ment Institute Account.
(19) Global Learning and Observations to Ben-
efit the Environment program.
(b) 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 certifying that all
the programs listed in subsection (a) will be terminated
no later than September 30, 1996.
(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.
100
(2) CONFORMING
AMENDMENT.—Section 209
of the National Sea Grant College Program Act (33
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) 
MAXIMUM
AMOUNT.—No 
more 
than
$1,765,359,000 are authorized to be appropriated to the
Secretary for fiscal year 1997, by this Act and any other
Act, to enable the National Oceanic and Atmospheric Ad-
ministration to carry out all activities associated with Op-
erations, Research, and Facilities.
(b) 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.
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), no
commissioned officers are authorized for any fiscal year
after fiscal year 1996.
101
(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.
(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, a commissioned officer subject to subsection (a)
may be employed by the National Oceanic and Atmos-
pheric Administration as a member of the civil service, if
the Administrator considers that individual to be the best
102
available candidate for the position. No new civil service
position may be created pursuant to this paragraph.
(4) The Administrator shall, before December 1,
1996, transmit to the Committee on Science of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report listing
all officers employed by the National Oceanic and Atmos-
pheric Administration under paragraph (3), a description
of their responsibilities as members of the NOAA Corps,
and a description of their responsibilities as civil service
employees of the National Oceanic and Atmospheric Ad-
ministration.
(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.).
103
(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).
(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.
104
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.
(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
105
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
(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.
106
(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.
SEC. 453. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO-
GRAM.
(a) PROGRAM REQUIRED.—(1) Subtitle C of title 10,
United States Code, is amended by adding after chapter
663 the following new chapter:
‘‘CHAPTER 
665—NATIONAL 
OCEANO-
GRAPHIC PARTNERSHIP PROGRAM
‘‘Sec.
‘‘7901. National Oceanographic Partnership Program.
‘‘7902. National Ocean Research Leadership Council.
‘‘7903. Ocean Research Partnership Coordinating Group.
‘‘7904. Ocean Research Advisory Panel.
‘‘§ 7901. National Oceanographic Partnership Pro-
gram
‘‘(a) ESTABLISHMENT.—The Secretary of the Navy
shall establish a program to be known as the ‘National
Oceanographic Partnership Program’.
‘‘(b) PURPOSES.—The purposes of the program are
as follows:
107
‘‘(1) To promote the national goals of assuring
national security, protecting quality of life, and
strengthening science and education through im-
proved knowledge of the ocean.
‘‘(2) To coordinate and strengthen oceano-
graphic efforts in support of those goals by—
‘‘(A) identifying and carrying out partner-
ships among Federal agencies, academia, indus-
try, and other members of the oceanographic
scientific community in the areas of data, re-
sources, and education; and
‘‘(B) reporting annually to Congress on the
program.
‘‘§ 7902. National Ocean Research Leadership Council
‘‘(a) COUNCIL.—There is established a National
Ocean Research Leadership Council (hereinafter in this
chapter referred to as the ‘‘Council’’).
‘‘(b) MEMBERSHIP.—The Council is composed of the
following members:
‘‘(1) The Secretary of the Navy, who shall be
the chairman of the Council.
‘‘(2) The Administrator of the National Oceanic
and Atmospheric Administration, who shall be the
vice chairman of the Council.
108
‘‘(3) The Director of the National Science
Foundation.
‘‘(4) The Administrator of the National Aero-
nautics and Space Administration.
‘‘(5) The Deputy Secretary of Energy.
‘‘(6) The Administrator of the Environmental
Protection Agency.
‘‘(7) The Commandant of the Coast Guard.
‘‘(8) The Director of the Geological Survey of
the Department of the Interior.
‘‘(9) The Director of the Defense Advanced Re-
search Projects Agency.
‘‘(10) The Director of the Minerals Manage-
ment Service of the Department of the Interior.
‘‘(11) The President of the National Academy
of Sciences, the President of the National Academy
of Engineering, and the President of the Institute of
Medicine.
‘‘(12) The Director of the Office of Science and
Technology.
‘‘(13) The Director of the Office of Manage-
ment and Budget.
‘‘(14) One member appointed by the Chairman
from among individuals who will represent the views
of ocean industries.
109
‘‘(15) One member appointed by the Chairman
from among individuals who will represent the views
of State governments.
‘‘(16) One member appointed by the Chairman
from among individuals who will represent the views
of academia.
‘‘(17) One member appointed by the Chairman
from among individuals who will represent such
other views as the Chairman considers appropriate.
‘‘(c) TERM OF OFFICE.—The term of office of a
member of the Council appointed under paragraph (14),
(15), (16), or (17) of subsection (b) shall be two years,
except that any person appointed to fill a vacancy occur-
ring before the expiration of the term for which his prede-
cessor was appointed shall be appointed for the remainder
of such term.
‘‘(d) RESPONSIBILITIES.—The Council shall have the
following responsibilities:
‘‘(1) To establish the Ocean Research Partner-
ship Coordinating Group as provided in section
7903.
‘‘(2) To establish the Ocean Research Advisory
Panel as provided in section 7904.
‘‘(3) To submit to Congress an annual report
pursuant to subsection (e).
110
‘‘(e) ANNUAL REPORT.—Not later than March 1 of
each year, the Council shall submit to Congress a report
on the National Oceanographic Partnership Program. The
report shall contain the following:
‘‘(1) A description of activities of the program
carried out during the fiscal year before the fiscal
year in which the report is prepared. The description
also shall include a list of the members of the Ocean
Research Partnership Coordinating Group, the
Ocean Research Advisory Panel, and any working
groups in existence during the fiscal year covered.
‘‘(2) A general outline of the activities planned
for the program during the fiscal year in which the
report is prepared.
‘‘(3) A summary of projects continued from the
fiscal year before the fiscal year in which the report
is prepared and projects expected to be started dur-
ing the fiscal year in which the report is prepared
and during the following fiscal year.
‘‘(4) A description of the involvement of the
program with Federal interagency coordinating enti-
ties.
‘‘(5) The amounts requested, in the budget sub-
mitted to Congress pursuant to section 1105(a) of
title 31 for the fiscal year following the fiscal year
111
in which the report is prepared, for the programs,
projects, and activities of the program and the esti-
mated expenditures under such programs, projects,
and activities during such following fiscal year.
‘‘§ 7903. Ocean Research Partnership Coordinating
Group
‘‘(a) ESTABLISHMENT.—The Council shall establish
an entity to be known as the ‘Ocean Research Partnership
Coordinating Group’ (hereinafter in this chapter referred
to as the ‘Coordinating Group’).
‘‘(b) MEMBERSHIP.—The Coordinating Group shall
consist of members appointed by the Council, with one
member appointed from each Federal department or agen-
cy having an oceanographic research or development pro-
gram.
‘‘(c) CHAIRMAN.—The Council shall appoint the
Chairman of the Coordinating Group.
‘‘(d) RESPONSIBILITIES.—Subject to the authority,
direction, and control of the Council, the Coordinating
Group shall have the following responsibilities:
‘‘(1) To prescribe policies and procedures to im-
plement the National Oceanographic Partnership
Program.
112
‘‘(2) To review, select, and identify and allocate
funds for partnership projects for implementation
under the program, based on the following criteria:
‘‘(A) Whether the project addresses critical
research objectives or operational goals, such as
data accessibility and quality assurance, sharing
of resources, or education.
‘‘(B) Whether the project has broad par-
ticipation within the oceanographic community.
‘‘(C) Whether the partners have a long-
term commitment to the objectives of the
project.
‘‘(D) Whether the resources supporting the
project are shared among the partners.
‘‘(E) Whether the project has been sub-
jected to adequate peer review.
‘‘(3) To promote participation in partnership
projects by each Federal department and agency in-
volved with oceanographic research and by prescrib-
ing guidelines for participation in the program.
‘‘(4) To submit to the Council an annual report
pursuant to subsection (i).
‘‘(e) PARTNERSHIP PROGRAM OFFICE.—The Coordi-
nating Group shall establish, using competitive proce-
dures, and oversee a partnership program office to carry
113
out such duties as the Chairman of the Coordinating
Group considers appropriate to implement the National
Oceanographic Partnership Program, including the follow-
ing:
‘‘(1) To establish and oversee working groups
to propose partnership projects to the Coordinating
Group and advise the Group on such projects.
‘‘(2) To manage peer review of partnership
projects proposed to the Coordinating Group and
competitions for projects selected by the Group.
‘‘(3) To submit to the Coordinating Group an
annual report on the status of all partnership
projects and activities of the office.
‘‘(f) CONTRACT AND GRANT AUTHORITY.—The Co-
ordinating Group may authorize one or more of the de-
partments or agencies represented in the Group to enter
into contracts and make grants, using funds appropriated
pursuant to an authorization for the National Oceano-
graphic Partnership Program, for the purpose of imple-
menting the program and carrying out the Coordinating
Group’s responsibilities.
‘‘(g) FORMS OF PARTNERSHIP PROJECTS.—Partner-
ship projects selected by the Coordinating Group may be
in any form that the Coordinating Group considers appro-
priate, including memoranda of understanding, coopera-
114
tive research and development agreements, and similar in-
struments.
‘‘(h) ANNUAL REPORT.—Not later than February 1
of each year, the Coordinating Group shall submit to the
Council a report on the National Oceanographic Partner-
ship Program. The report shall contain, at a minimum,
copies of any recommendations or reports to the Coordi-
nating Group by the Ocean Research Advisory Panel.
‘‘§ 7904. Ocean Research Advisory Panel
‘‘(a) ESTABLISHMENT.—The Council shall appoint
an Ocean Research Advisory Panel (hereinafter in this
chapter referred to as the ‘Advisory Panel’) consisting of
not less than 10 and not more than 18 members.
‘‘(b) MEMBERSHIP.—Members of the Advisory Panel
shall be appointed from among persons who are eminent
in the field of marine science, or related fields, and who
are representative, at a minimum, of the interests of gov-
ernment, academia, and industry.
‘‘(c) 
RESPONSIBILITIES.—(1) 
The 
Coordinating
Group shall refer to the Advisory Panel, and the Advisory
Panel shall review, each proposed partnership project esti-
mated to cost more than $500,000. The Advisory Panel
shall make any recommendations to the Coordinating
Group that the Advisory Panel considers appropriate re-
garding such projects.
115
‘‘(2) The Advisory Panel shall make any rec-
ommendations to the Coordinating Group regarding activi-
ties that should be addressed by the National Oceano-
graphic Partnership Program that the Advisory Panel
considers appropriate.’’.
(2) The table of chapters at the beginning of subtitle
C of title 10, United States Code, and at the beginning
of part IV of such subtitle, are each amended by inserting
after the item relating to chapter 663 the following:
‘‘665. National Oceanographic Partnership Program ......... 7901’’.
(b) INITIAL APPOINTMENTS
OF COUNCIL MEM-
BERS.—The Secretary of the Navy shall make the ap-
pointments required by section 7902(b) of title 10, United
States Code, as added by subsection (a)(1), not later than
December 1, 1996.
(c) INITIAL APPOINTMENTS OF ADVISORY PANEL
MEMBERS.—The National Ocean Research Leadership
Council established by section 7902 of title 10, United
States Code, as added by subsection (a)(1), shall make
the appointments required by section 7904 of such title
not later than January 1, 1997.
(d) FIRST ANNUAL REPORT OF NATIONAL OCEAN
RESEARCH LEADERSHIP COUNCIL.—The first annual re-
port required by section 7902(e) of title 10, United States
Code, as added by subsection (a)(1), shall be submitted
116
to Congress not later than March 1, 1997. The first report
shall include, in addition to the information required by
such section, information about the terms of office, proce-
dures, and responsibilities of the Ocean Research Advisory
Panel established by the Council.
(e) 
AUTHORIZATION
OF
APPROPRIATIONS.—No
funds are authorized to be appropriated by this Act for
the National Oceanographic Partnership Program for fis-
cal year 1997.
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 1996’’.
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.
117
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator $487,126,600 for fiscal year
1997 for Science and Technology activities, including pro-
gram management and support, in the areas specified in
subsection (b).
(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, $74,119,900.
(2) For global change research, $1,400,000.
(3) 
For 
water 
quality 
related 
research,
$26,294,000.
(4) For drinking water related research,
$26,593,700.
(5) For toxic substances related research,
$12,341,500.
(6) For lab and field expenses, $73,031,600.
(7) For headquarters expenses of the Office of
Research and Development, $9,254,800.
(8) For multimedia related research expenses,
$174,060,100, of which $5,000,000 shall be for
graduate student fellowships.
(9) 
For 
program 
management 
expenses,
$6,399,000.
118
(10) 
For 
pesticide 
related 
research,
$20,632,000.
(11) For research related to hazardous waste,
$12,000,000.
(12) For environmental research laboratories,
$51,000,000.
(c) ADDITIONAL AUTHORIZATIONS.—There are au-
thorized to be appropriated to the Administrator for fiscal
year 1997—
(1) 
for 
oil 
pollution 
related 
research,
$2,076,900; and
(2) for research related to leaking underground
storage tanks, $769,000.
(d) LIMITATIONS.—No funds are authorized to be ap-
propriated by this title for—
(1) the Environmental Technology Initiative;
(2) the Climate Change Action Plan;
(3) Indoor Air Research;
(4) North Dakota Center for Air Toxic Metals
Research;
(5) drinking water research conducted by the
American Water Works Association Research Foun-
dation, other than amounts awarded through a com-
petitive process;
119
(6) the Water Environmental Research Founda-
tion;
(7) the National Urban Air Toxics Research
Center;
(8) the Gulf Coast Hazardous Substances Re-
search Center;
(9) urban waste management research at the
University of New Orleans, other than amounts
awarded through a competitive process;
(10) the Resources and Agricultural Policy Sys-
tems Program at Iowa State University; or
(11) the Oil Spill Remediation Research Center.
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.
120
(b) REPORT.—The Assistant Administrator shall
transmit annually to the Administrator and to the Com-
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. 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 scientific
research that would further missions of the Office of Re-
search and Development in fields in which there exists or
is projected to exist a shortage in the number of scientists.
SEC. 506. SCIENCE ADVISORY BOARD.
(a) ANNUAL REPORT.—The Science Advisory Board
shall submit to Congress and to the Administrator an an-
nual report that contains the views of the Science Advisory
Board on proposed research programs as described in the
President’s budget for research, development, and dem-
onstration activities at the Environmental Protection
121
Agency. Such report shall be submitted to Congress as
soon as practicable after the submission of the President’s
budget to Congress. The Administrator shall cooperate
with the Director of the Science Advisory Board, particu-
larly with respect to the timely provision of budget infor-
mation to the Science Advisory Board, to allow the Science
Advisory Board to carry out its duties under this sub-
section.
(b) EVALUATION.—The Science Advisory Board shall
conduct periodic evaluations of selected areas of the cur-
rent and planned research, development, and demonstra-
tion activities of the Environmental Protection Agency.
The areas of evaluation shall be selected by the Science
Advisory Board in consultation with the Administrator,
the Office of Research and Development, other Agency
programs, and appropriate committees of the Congress.
Reports containing the Science Advisory Board’s evalua-
tions and recommendations shall be filed with such com-
mittees and the Administrator. The Administrator shall
provide to such committees a written response to the
Science Advisory Board’s evaluation and recommendations
within 60 days after the Science Advisory Board’s report
has been submitted.
(c) REVIEW OF CERTAIN RESEARCH ACTIVITIES.—
The Science Advisory Board shall annually review the re-
122
search activities of the Environmental Protection Agency
and shall include the results of such review in the annual
report required by subsection (a).
(d) SUBMISSION TO CONGRESS.—The Administrator
shall submit to the Congress any report required by law
to be submitted to the Administrator by the Science Advi-
sory Board. The Administrator shall make any such sub-
mission not later than 60 days after the Administrator
receives the report from the Science Advisory Board.
TITLE VI—NATIONAL INSTITUTE
OF STANDARDS AND TECH-
NOLOGY
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated the follow-
ing:
(1) For Scientific and Technical Research and
Services of the National Institute of Standards and
Technology, $280,600,000 for fiscal year 1997, of
which—
(A) $38,407,000 shall be for Electronics
and Electrical Engineering;
(B) $18,747,000 shall be for Manufactur-
ing Engineering;
(C) $33,939,000 shall be for Chemical
Science and Technology;
123
(D) $28,048,000 shall be for Physics;
(E) $54,589,000 shall be for Material
Science and Engineering;
(F) $13,085,000 shall be for Building and
Fire Research;
(G) $43,076,000 shall be for Computer
Science and Applied Mathematics;
(H) $18,950,000 shall be for Technical As-
sistance;
(I) $28,772,000 shall be for Research Sup-
port; and
(J) $2,987,000 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,
$105,240,000 for fiscal year 1997.
124
TITLE VII—FEDERAL AVIATION
ADMINISTRATION RESEARCH,
ENGINEERING, AND DEVEL-
OPMENT
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘FAA Research, Engi-
neering, and Development Management Reform Act of
1996’’.
SEC. 702. FINDINGS.
The Congress finds that—
(1) considerable effort and expenditure has
been devoted since 1981 to the modernization of the
National Airspace System, with limited results;
(2) long-standing management, organizational,
and cultural impediments at the Federal Aviation
Administration have led to cost overruns, schedule
delays, program terminations, and other wasteful in-
efficiencies;
(3) a lack of coordination between the tech-
nology developers and operational sections of the
Federal Aviation Administration has led to research,
engineering, and development programs that are un-
balanced because they either are too technology driv-
en or have operational requirements that are unreal-
istic or unwarranted;
125
(4) the research, engineering, and development
functions of the Federal Aviation Administration
have been carried out without the benefit of critical
management education and competencies;
(5) the failure to employ contemporary manage-
ment techniques and industry best practices has led
to inadequate contractor oversight and poor risk
management; and
(6) significant improvements in modernizing the
National Airspace System will require fundamental
changes in the Federal Aviation Administration’s ac-
quisition management system and in the orientation
of the officials who implement the system.
SEC. 703. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘affordable’’ means having life-
cycle costs that are in consonance with the long-
range funding and operational design plans for the
National Airspace System;
(2) the term ‘‘evolutionary acquisition’’ means
an acquisition strategy in which a core capability is
fielded with a modular structure that allows for
changes as requirements are refined;
(3) the term ‘‘life-cycle costs’’ means the total
costs to the Federal Government of a system over its
126
useful life, including the costs of research, develop-
ment, acquisition, support, and disposal;
(4) the term ‘‘nondevelopmental’’ means not re-
quiring significant further development to be made
usefully operational; and
(5) the term ‘‘pre-planned product improve-
ment’’ means an acquisition strategy that defers
technically difficult or unknown system requirements
to mitigate risks or to field a system that incor-
porates design considerations that facilitate future
changes.
SEC. 704. MANAGEMENT PRINCIPLES.
The Federal Aviation Administration shall develop,
implement, and maintain a disciplined acquisition man-
agement system that facilitates the transforming of broad-
ly stated requirements into affordable, operationally effec-
tive and suitable products and services to meet the needs
of users of the National Airspace System. Such acquisition
management system shall be based on and incorporate the
following principles:
(1) The employment and integration of—
(A) a process to establish and validate re-
quirements;
(B) full life-cycle acquisition management;
and
127
(C) planning, programming, and budget-
ing.
(2) Full involvement of both acquisition and
operational Federal Aviation Administration person-
nel in the processes described in paragraph (1)(A),
(B), and (C).
(3) Early and continuous involvement of Na-
tional Airspace System operators and users, advisory
committees, and industry vendors and experts in es-
tablishing and stabilizing sound, realistic operational
requirements.
(4) Assignment of acquisition officials based on
demonstrated leadership, professionalism, and prov-
en acquisition management competencies, consistent
with their positional responsibility and authority.
(5) Full life-cycle, event-driven acquisition
strategies which explicitly link major interim pro-
gram decisions and contractual commitments to
demonstrated accomplishments in research, engi-
neering, and development.
(6) The balancing of system design require-
ments and constraints based on cost-benefit sensitiv-
ity analysis.
(7) Consideration of maximum practicable use
of nonmaterial, nondevelopmental, or commercial so-
128
lutions before embarking on protracted research, en-
gineering, and development activities by the Federal
Aviation Administration.
(8) Consideration of evolutionary acquisition
and pre-planned product improvement strategies to
mitigate risks and expeditiously field products and
services.
(9) Use of contemporary management tech-
niques and industry best practices to—
(A) compare the current status of a pro-
gram to where it should be;
(B) reassess the goals of a program and
the plans for achieving those goals;
(C) assess program risks and strategies for
mitigating those risks; and
(D) assess whether the program is afford-
able.
SEC. 705. DOCUMENT OF APRIL 1, 1996.
The Congress recognizes that the acquisition man-
agement system set forth in the document dated April 1,
1996, issued by the Federal Aviation Administration, is
substantially compatible with the principles stated in sec-
tion 704 of this title. The Federal Aviation Administration
may implement that proposed system as a suitable compli-
ance with the requirements of this title, and may modify
129
elements of that system to the extent that those modifica-
tions conform with the principles stated in section 704 of
this title.
SEC. 706. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1)(J);
(2) by striking the period at the end of para-
graph (2)(J) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new
paragraph:
‘‘(3) for fiscal year 1997—
‘‘(A) $10,000,000 for system development
and infrastructure projects and activities;
‘‘(B) $39,911,000 for capacity and air
traffic management technology projects and ac-
tivities;
‘‘(C) $20,371,000 for communications,
navigation, and surveillance projects and activi-
ties;
‘‘(D) $6,411,000 for weather projects and
activities;
130
‘‘(E) $6,000,000 for airport technology
projects and activities;
‘‘(F) $37,978,000 for aircraft safety tech-
nology projects and activities;
‘‘(G) $36,045,000 for system security tech-
nology projects and activities;
‘‘(H) $23,682,000 for human factors and
aviation medicine projects and activities;
‘‘(I) $3,800,000 for environment and en-
ergy projects and activities;
‘‘(J) $1,500,000 for innovative/cooperative
research projects and activities; and
‘‘(K) such sums as may be necessary for
other research, engineering, and development
activities described in the President’s fiscal year
1997 budget request to the Congress under the
category ‘Engineering, development, test, and
evaluation’ of Facilities and Equipment.’’.
SEC. 707. RESEARCH PRIORITIES.
Section 48102(b) of title 49, United States Code, is
amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by striking ‘‘AVAILABILITY
FOR
RE-
SEARCH.—(1)’’ and inserting in lieu thereof ‘‘RE-
131
SEARCH PRIORITIES.—(1) The Administrator shall
consider the advice and recommendations of the re-
search advisory committee established by section
44508 of this title in establishing priorities among
major categories of research and development activi-
ties carried out by the Federal Aviation Administra-
tion.
‘‘(2)’’.
SEC. 708. BUDGET DESIGNATION FOR FEDERAL AVIATION
ADMINISTRATION RESEARCH AND DEVELOP-
MENT ACTIVITIES.
Section 48102(c) of title 49, United States Code, is
amended to read as follows:
‘‘(c) 
DESIGNATION
OF
ACTIVITIES.—(1) 
The
amounts appropriated under subsection (a) are for the
support of all research and development activities carried
out by the Federal Aviation Administration that fall with-
in the categories of basic research, applied research, and
development, including the design and development of pro-
totypes, in accordance with the classifications of the Office
of Management and Budget Circular A–11 (Budget For-
mulation/Submission Process).
‘‘(2) The President’s annual budget request for the
Federal Aviation Administration shall include all research
and development activities within a single budget category.
132
All of the activities carried out by the Administration with-
in the categories of basic research, applied research, and
development, as classified by the Office of Management
and Budget Circular A–11, shall be placed in this single
budget category.’’.
SEC. 709. RESEARCH ADVISORY COMMITTEE.
Section 44508(a)(1) of title 49, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting in lieu thereof ‘‘; and’’;
and
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) annually review the allocation made by the
Administrator of the amounts authorized by section
48102(a) of this title among the major categories of
research and development activities carried out by
the Administration and provide advice and rec-
ommendations to the Administrator on whether such
allocation is appropriate to meet the needs and ob-
jectives identified under subparagraph (A).’’.
133
SEC. 710. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) of title 49, United States Code, is
amended—
(1) in paragraph (2)(A) by striking ‘‘15-year’’
and inserting in lieu thereof ‘‘5-year’’;
(2) by amending subparagraph (B) to read as
follows:
‘‘(B) The plan shall—
‘‘(i) provide estimates by year of the schedule,
cost, and work force levels for each active and
planned major research and development project
under sections 40119, 44504, 44505, 44507, 44509,
44511–44513, and 44912 of this title, including ac-
tivities carried out under cooperative agreements
with other Federal departments and agencies;
‘‘(ii) specify the goals and the priorities for allo-
cation of resources among the major categories of
research and development activities, including the
rationale for the priorities identified;
‘‘(iii) identify the allocation of resources among
long-term research, near-term research, and develop-
ment activities; and
‘‘(iv) highlight the research and development
activities that address specific recommendations of
the research advisory committee established under
section 44508 of this title, and document the rec-
134
ommendations of the committee that are not accept-
ed, specifying the reasons for nonacceptance.’’; and
(3) in paragraph (3) by inserting ‘‘, including
a description of the dissemination to the private sec-
tor of research results and a description of any new
technologies developed’’ after ‘‘during the prior fiscal
year’’.
TITLE VIII—NATIONAL EARTH-
QUAKE HAZARDS REDUCTION
PROGRAM
SEC. 801. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7706) is amended—
(1) in subsection (a)(7) by striking ‘‘and
$25,750,000 for the fiscal year ending September
30, 
1996’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$25,750,000 for the fiscal year ending September
30, 1996, and $18,825,000 for the fiscal year end-
ing September 30, 1997’’;
(2) 
in 
subsection 
(b) 
by 
striking 
‘‘and
$50,676,000 for the fiscal year ending September
30, 
1996’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$50,676,000 for the fiscal year ending September
30, 1996, and $46,130,000 for the fiscal year end-
ing September 30, 1997’’;
135
(3) in subsection (c) by adding at the end the
following new sentence: ‘‘There are authorized to be
appropriated, out of funds otherwise authorized to
be appropriated to the National Science Foundation,
$28,400,000 
for 
fiscal 
year 
1997, 
including
$17,500,000 
for 
engineering 
research 
and
$10,900,000 for geosciences research.’’; and
(4) in subsection (d) by adding at the end the
following new sentence: ‘‘There are authorized to be
appropriated, out of funds otherwise authorized to
be appropriated to the National Institute of Stand-
ards and Technology, $1,932,000 for fiscal year
1997.’’.
TITLE IX—MISCELLANEOUS
SEC. 901. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act 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. 902. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1997.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1997 for the activities for which sums are authorized by
this Act unless such sums are specifically authorized to
be appropriated by this Act.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1997 for the activities for which sums are authorized
by this Act unless such sums are specifically authorized
to be appropriated by Act of Congress with respect to such
fiscal year.
SEC. 903. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The head of each Federal agency
for which funds are authorized under this Act shall ex-
clude from consideration for awards of financial assistance
made by that agency after fiscal year 1996 any person
who received funds, other than those described in sub-
section (b), appropriated for a fiscal year after fiscal year
1996, from any Federal funding source for a project that
was not subjected to a competitive, merit-based award
process. Any exclusion from consideration pursuant to this
section shall be effective for a period of 5 years after the
person receives such Federal funds.
137
(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.
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