I
104TH CONGRESS
1ST SESSION
H. R. 2405
To authorize appropriations for fiscal years 1996 and 1997 for civilian science
activities of the Federal Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 1995
Mr. WALKER (for himself, Mr. SENSENBRENNER, Mrs. MORELLA, Mr.
ROHRABACHER, and Mr. SCHIFF) introduced the following bill; which was
referred to the Committee on Science, and in addition to the Committees
on Resources and Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To authorize appropriations for fiscal years 1996 and 1997
for civilian science activities of the Federal Government,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Omnibus Civilian Science Authorization Act of 1995’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
HR 2405 IH
TITLE I—NATIONAL SCIENCE FOUNDATION
Sec. 101. Short title.
Sec. 102. Definitions.
Subtitle A—National Science Foundation Authorization
Sec. 111. Authorization of appropriations.
Sec. 112. Proportional reduction of research and related activities amounts.
Sec. 113. Consultation and representation expenses.
Sec. 114. Reprogramming.
Sec. 115. Further authorizations
Subtitle B—General Provisions.
Sec. 121. Annual report.
Sec. 122. National research facilities.
Sec. 123. Eligibility for research facility awards.
Sec. 124. Administrative amendments.
Sec. 125. Indirect costs.
Sec. 126. Research instrumentation and facilities.
Sec. 127. Financial disclosure.
Sec. 128. Educational leave of absence for active duty.
Sec. 129. Prohibition of lobbying activities.
Sec. 130. Science Studies Institute.
Sec. 131. Educational impact.
Sec. 132. Divisions of the Foundation.
Sec. 133. Limitation on appropriations.
Sec. 134. Eligibility for awards.
TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Subtitle A—General Provisions
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Subtitle B—Authorization of Appropriations
CHAPTER 1—AUTHORIZATIONS
Sec. 211. Human space flight.
Sec. 212. Science, aeronautics, and technology.
Sec. 213. Mission support.
Sec. 214. Inspector General.
Sec. 215. Total authorization.
Sec. 216. Additional authorization and corresponding reduction.
Sec. 217. Limited availability.
CHAPTER 2—RESTRUCTURING THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
Sec. 221. Findings.
Sec. 222. Asset-based review.
CHAPTER 3—LIMITATIONS AND SPECIAL AUTHORITY
Sec. 231. Use of funds for construction.
HR 2405 IH
Sec. 232. Availability of appropriated amounts.
Sec. 233. Reprogramming for construction of facilities.
Sec. 234. Consideration by committees.
Sec. 235. Limitation on obligation of unauthorized appropriations.
Sec. 236. Use of funds for scientific consultations or extraordinary expenses.
Sec. 237. Limitation on transfer to Russia.
Subtitle C—Miscellaneous Provisions
Sec. 241. Commercial space launch amendments.
Sec. 242. Office of Air and Space Commercialization authorization.
Sec. 243. Requirement for independent cost analysis.
Sec. 244. National Aeronautics and Space Act of 1958 amendments.
Sec. 245. Procurement.
Sec. 246. Additional National Aeronautics and Space Administration facilities.
Sec. 247. Purchase of space science data.
Sec. 248. Report on Mission to Planet Earth.
Sec. 249. Shuttle privatization.
Sec. 250. Aeronautical research and technology facilities.
Sec. 251. Launch voucher demonstration program amendments.
Sec. 252. Privatization of microgravity parabolic flight operations.
Sec. 253. Eligibility for awards.
Sec. 254. Prohibition of lobbying activities.
Sec. 255. Limitation on appropriations.
Sec. 256. Unitary Wind Tunnel Plan Act of 1949 amendments.
TITLE III—DEPARTMENT OF ENERGY
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
Sec. 304. Funding limitations.
Sec. 305. Limitation on appropriations.
Sec. 306. Merit review requirements for awards of financial assistance.
Sec. 307. Policy on capital projects and construction.
Sec. 308. Further authorizations.
Sec. 309. High energy and nuclear physics.
Sec. 310. Prohibition of lobbying activities.
Sec. 311. Eligibility for awards.
Sec. 312. Termination costs.
TITLE IV—NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Sec. 401. Short title.
Sec. 402. Definitions.
Subtitle A—Atmospheric, Weather, and Satellite Programs
Sec. 411. National Weather Service.
Sec. 412. Atmospheric research.
Sec. 413. National Environmental Satellite, Data, and Information Service.
Subtitle B—Marine Research
Sec. 421. National Ocean Service.
Sec. 422. Ocean and Great Lakes research.
HR 2405 IH
Sec. 423. Use of ocean research resources of other Federal agencies.
Subtitle C—Program Support
Sec. 431. Program support.
Subtitle D—Streamlining of Operations
Sec. 441. Program terminations.
Sec. 442. Limitations on appropriations.
Sec. 443. Reduction in the commissioned officer corps.
Subtitle E—Miscellaneous
Sec. 451. Weather data buoys.
Sec. 462. Duties of the National Weather Service.
Sec. 453. Reimbursement of expenses.
Sec. 454. Eligibility for awards.
Sec. 455. Prohibition of lobbying activities.
Sec. 456. Report on laboratories.
TITLE V—ENVIRONMENTAL PROTECTION AGENCY
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authorization of appropriations.
Sec. 504. Scientific research review.
Sec. 505. Prohibition of lobbying activities.
Sec. 506. Eligibility for awards.
Sec. 507. Graduate student fellowships.
TITLE VI—TECHNOLOGY
Subtitle A—Technology Administration
Sec. 601. Short title.
Sec. 602. Authorization of appropriations.
Sec. 603. National Institute of Standards and Technology Act amendments.
Sec. 604. Stevenson-Wydler Technology Innovation Act of 1980 amendments.
Sec. 605. Personnel.
Sec. 606. Fastener Quality Act amendments.
Sec. 607. Prohibition of lobbying activities.
Sec. 608. Limitation on appropriations.
Sec. 609. Eligibility for awards.
Sec. 610. Standards conformity.
Sec. 611. Further authorizations.
TITLE VII—UNITED STATES FIRE ADMINISTRATION
Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Fire safety systems in Army housing.
Sec. 704. Successor fire safety standards.
Sec. 705. Termination or privatization of functions.
Sec. 706. Report on budgetary reduction.
HR 2405 IH
TITLE I—NATIONAL SCIENCE
FOUNDATION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘National Science
Foundation Authorization Act of 1995’’.
SEC. 102. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘Director’’ means the Director of
the Foundation;
(2) the term ‘‘Foundation’’ means the National
Science Foundation;
(3) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965;
(4) the term ‘‘national research facility’’ means
a research facility funded by the Foundation which
is available, subject to appropriate policies allocating
access, for use by all scientists and engineers affili-
ated with research institutions located in the United
States; and
(5) the term ‘‘United States’’ means the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
HR 2405 IH
Islands, and any other territory or possession of the
United States.
Subtitle A—National Science
Foundation Authorization
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
(a) FINDINGS.—The Congress finds that—
(1) the programs of the Foundation are impor-
tant for the Nation to strengthen basic research and
develop human resources in science and engineering,
and that those programs should be funded at an
adequate level;
(2) the primary mission of the Foundation con-
tinues to be the support of basic scientific research
and science education and the support of research
fundamental to the engineering process and engi-
neering education; and
(3) the Foundation’s efforts to contribute to the
economic competitiveness of the United States
should be in accord with that primary mission.
(b) FISCAL YEAR 1996.—There are authorized to be
appropriated to the Foundation $3,126,000,000 for fiscal
year 1996, which shall be available for the following cat-
egories:
HR 2405 IH
(1) 
Research 
and 
Related 
Activities,
$2,226,300,000, which shall be available for the fol-
lowing subcategories:
(A) Mathematical and Physical Sciences,
$632,200,000.
(B) Engineering, $311,600,000.
(C) Biological Sciences, $293,300,000.
(D) Geosciences, $408,800,000.
(E) Computer and Information Science
and Engineering, $249,500,000.
(F) Social, Behavioral, and Economic
Sciences, $111,300,000.
(G) United States Polar Research Pro-
grams, $156,000,000.
(H) United States Antarctic Logistical
Support Activities, $62,600,000.
(I) 
Critical 
Technologies 
Institute,
$1,000,000.
(2) Education and Human Resources Activities,
$600,000,000.
(3) Major Research Equipment, $70,000,000.
(4) Academic Research Facilities Moderniza-
tion, $100,000,000.
(5) Salaries and Expenses, $120,000,000.
(6) Office of Inspector General, $4,500,000.
HR 2405 IH
(7) Headquarters Relocation, $5,200,000.
(c) FISCAL YEAR 1997.—There are authorized to be
appropriated to the Foundation $3,171,400,000 for fiscal
year 1997, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,286,200,000.
(2) Education and Human Resources Activities,
$600,000,000.
(3) Major Research Equipment, $55,000,000.
(4) Academic Research Facilities Moderniza-
tion, $100,000,000.
(5) Salaries and Expenses, $120,000,000.
(6) Office of Inspector General, $5,000,000.
(7) Headquarters Relocation, $5,200,000.
SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND
RELATED ACTIVITIES AMOUNTS.
If the amount appropriated pursuant to section
111(b)(1) is less than the amount authorized under that
paragraph, the amount authorized for each subcategory
under that paragraph shall be reduced by the same pro-
portion.
HR 2405 IH
SEC. 113. CONSULTATION AND REPRESENTATION EX-
PENSES.
From appropriations made under authorizations pro-
vided in this title, not more than $10,000 may be used
in each fiscal year for official consultation, representation,
or other extraordinary expenses at the discretion of the
Director. The determination of the Director shall be final
and conclusive upon the accounting officers of the Govern-
ment.
SEC. 114. REPROGRAMMING.
(a) $500,000 OR LESS.—In any given fiscal year, the
Director may transfer appropriated funds among the
subcategories of Research and Related Activities, so long
as the net funds transferred to or from any subcategory
do not exceed $500,000.
(b) GREATER THAN $500,000.—In addition, the Di-
rector may propose transfers to or from any subcategory
exceeding $500,000. An explanation of any proposed
transfer under this subsection must be transmitted in
writing to the Committee on Science of the House of Rep-
resentatives, and the Committees on Labor and Human
Resources and Commerce, Science, and Transportation of
the Senate. The proposed transfer may be made only when
30 calendar days have passed after transmission of such
written explanation.
HR 2405 IH
SEC. 115. FURTHER AUTHORIZATIONS.
Nothing in this title shall preclude further authoriza-
tion of appropriations for the National Science Founda-
tion for fiscal year 1996: Provided, That authorization al-
locations adopted by the Conference Committee on House
Concurrent Resolution 67, and approved by Congress,
allow for such further authorizations.
Subtitle B—General Provisions
SEC. 121. ANNUAL REPORT.
Section 3(f) of the National Science Foundation Act
of 1950 (42 U.S.C. 1862(f)) is amended to read as fol-
lows:
‘‘(f) The Foundation shall provide an annual report
to the President which shall be submitted by the Director
to the Congress at the time of the President’s annual
budget submission. The report shall—
‘‘(1) contain a strategic plan, or an update to
a previous strategic plan, which—
‘‘(A) defines for a three-year period the
overall goals for the Foundation and specific
goals for each major activity of the Foundation,
including each scientific directorate, the edu-
cation directorate, and the polar programs of-
fice; and
HR 2405 IH
‘‘(B) describe how the identified goals re-
late to national needs and will exploit new op-
portunities in science and technology;
‘‘(2) identify the criteria and describe the proce-
dures which the Foundation will use to assess
progress toward achieving the goals identified in ac-
cordance with paragraph (1);
‘‘(3) review the activities of the Foundation
during the preceding year which have contributed to-
ward achievement of goals identified in accordance
with paragraph (1) and summarize planned activities
for the coming three years in the context of the
identified goals, with particular emphasis on the
Foundation’s planned contributions to major multi-
agency research and education initiatives;
‘‘(4) contain such recommendations as the
Foundation considers appropriate; and
‘‘(5) include information on the acquisition and
disposition by the Foundation of any patents and
patent rights.’’.
SEC. 122. NATIONAL RESEARCH FACILITIES.
(a) FACILITIES PLAN.—The Director shall provide to
Congress annually, as a part of the report required under
section 3(f) of the National Science Foundation Act of
1950, a plan for the proposed construction of, and repair
HR 2405 IH
and upgrades to, national research facilities. The plan
shall include estimates of the cost for such construction,
repairs, and upgrades, and estimates of the cost for the
operation and maintenance of existing and proposed new
facilities. For proposed new construction and for major
upgrades to existing facilities, the plan shall include fund-
ing profiles by fiscal year and milestones for major phases
of the construction. The plan shall include cost estimates
in the categories of construction, repair, and upgrades for
the year in which the plan is submitted to Congress and
for not fewer than the succeeding 4 years.
(b) LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.—No funds appropriated for any project
which involves construction of new national research facili-
ties or construction necessary for upgrading the capabili-
ties of existing national research facilities shall be obli-
gated unless the funds are specifically authorized for such
purpose by this title or any other Act which is not an ap-
propriations Act, or unless the total estimated cost to the
Foundation of the construction project is less than
$50,000,000. This subsection shall not apply to construc-
tion projects approved by the National Science Board
prior to June 30, 1994.
HR 2405 IH
SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.
Section 203(b) of the Academic Research Facilities
Modernization Act of 1988 is amended by striking the
final sentence of paragraph (3) and inserting in lieu there-
of the following: ‘‘The Director shall give priority to insti-
tutions or consortia that have not received such funds in
the preceding 5 years, except that this sentence shall not
apply to previous funding received for the same multiyear
project.’’.
SEC. 124. ADMINISTRATIVE AMENDMENTS.
(a) NATIONAL SCIENCE FOUNDATION ACT OF 1950
AMENDMENTS.—The National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.) is amended—
(1) by redesignating the subsection (k) of sec-
tion 4 (42 U.S.C. 1863(k)) that was added by sec-
tion 108 of the National Science Foundation Au-
thorization Act of 1988 as subsection (l);
(2) in section 5(e) (42 U.S.C. 1864(e)) by
amending paragraph (2) to read as follows:
‘‘(2) Any delegation of authority or imposition of con-
ditions under paragraph (1) shall be promptly published
in the Federal Register and reported to the Committees
on Labor and Human Resources and Commerce, Science,
and Transportation of the Senate and the Committee on
Science of the House of Representatives.’’;
HR 2405 IH
(3) by inserting ‘‘be entitled to’’ between
‘‘shall’’ and ‘‘receive’’, and by inserting ‘‘, including
traveltime,’’ after ‘‘Foundation’’ in section 14(c) (42
U.S.C. 1873(c));
(4) by striking section 14(j) (42 U.S.C.
1873(j)); and
(5) by striking ‘‘Atomic Energy Commission’’ in
section 15(a) (42 U.S.C. 1874(a)) and inserting in
lieu thereof ‘‘Secretary of Energy’’.
(b) NATIONAL SCIENCE FOUNDATION AUTHORIZA-
TION ACT, 1976 AMENDMENTS.—Section 6(a) of the Na-
tional Science Foundation Authorization Act, 1976 (42
U.S.C. 1881a(a)) is amended by striking ‘‘social,’’ the
first place it appears.
(c) NATIONAL SCIENCE FOUNDATION AUTHORIZA-
TION
ACT
OF
1988 
AMENDMENTS.—(1) 
Section
117(a)(1)(B)(v) of the National Science Foundation Au-
thorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is
amended to read as follows:
‘‘(v) from schools established outside the several
States and the District of Columbia by any agency
of the Federal Government for dependents of its em-
ployees.’’.
(2) Section 117(a)(3)(A) of such Act (42 U.S.C.
1881b(3)(A)) is amended by striking ‘‘Science and Engi-
HR 2405 IH
neering Education’’ and inserting in lieu thereof ‘‘Edu-
cation and Human Resources’’.
(d) EDUCATION
FOR ECONOMIC SECURITY ACT
AMENDMENTS.—Section 107 of Education for Economic
Security Act (20 U.S.C. 3917) is repealed.
(e) TECHNICAL
AMENDMENT.—The second sub-
section (g) of section 3 of the National Science Foundation
Act of 1950 is repealed.
SEC. 125. INDIRECT COSTS.
(a) MATCHING FUNDS.—Matching funds required
pursuant to section 204(a)(2)(C) of the Academic Re-
search Facilities Modernization Act of 1988 (42 U.S.C.
1862c(a)(2)(C)) shall not be considered facilities costs for
purposes of determining indirect cost rates.
(b) REPORT.—The Director of the Office of Science
and Technology Policy, in consultation with other relevant
agencies, shall prepare a report analyzing what steps
would be needed to—
(1) reduce by 10 percent the proportion of Fed-
eral assistance to institutions of higher education
that are allocated for indirect costs; and
(2) reduce the variance among indirect cost
rates of different institutions of higher education,
including an evaluation of the relative benefits and bur-
dens of each option on institutions of higher education.
HR 2405 IH
Such report shall be transmitted to the Congress no later
than December 31, 1995.
SEC. 126. RESEARCH INSTRUMENTATION AND FACILITIES.
The Foundation shall incorporate the guidelines set
forth in Important Notice No. 91, dated March 11, 1983
(48 Fed. Reg. 15754, April 12, 1983), relating to the use
and operation of Foundation-supported research instru-
mentation and facilities, in its notice of Grant General
Conditions, and shall examine more closely the adherence
of grantee organizations to such guidelines.
SEC. 127. FINANCIAL DISCLOSURE.
Persons temporarily employed by or at the Founda-
tion shall be subject to the same financial disclosure re-
quirements and related sanctions under the Ethics in Gov-
ernment Act of 1978 as are permanent employees of the
Foundation in equivalent positions.
SEC. 128. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE
DUTY.
In order to be eligible to receive funds from the Foun-
dation after September 30, 1995, an institution of higher
education must provide that whenever any student of the
institution who is a member of the National Guard, or
other reserve component of the Armed Forces of the
United States, is called or ordered to active duty, other
than active duty for training, the institution shall grant
HR 2405 IH
the member a military leave of absence from their edu-
cation. Persons on military leave of absence from their in-
stitution shall be entitled, upon release from military duty,
to be restored to the educational status they had attained
prior to their being ordered to military duty without loss
of academic credits earned, scholarships or grants award-
ed, or tuition and other fees paid prior to the commence-
ment of the military duty. It shall be the duty of the insti-
tution to refund tuition or fees paid or to credit the tuition
and fees to the next semester or term after the termi-
nation of the educational military leave of absence at the
option of the student.
SEC. 129. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
HR 2405 IH
SEC. 130. SCIENCE STUDIES INSTITUTE.
(a) AMENDMENT.—Section 822 of the National De-
fense Authorization Act for Fiscal 1991 (42 U.S.C. 6686)
is amended—
(1) by striking ‘‘Critical Technologies Institute’’
in the section heading and in subsection (a), and in-
serting in lieu thereof ‘‘Science Studies Institute’’;
(2) in subsection (b) by striking ‘‘As deter-
mined by the chairman of the committee referred to
in subsection (c), the’’ and inserting in lieu thereof
‘‘The’’;
(3) by striking subsection (c), and redesignating
subsections (d), (e), (f), and (g) as subsections (c),
(d), (e), and (f), respectively;
(4) in subsection (c), as so redesignated by
paragraph (3) of this subsection—
(A) by inserting ‘‘science and’’ after ‘‘de-
velopments and trends in’’ in paragraph (1);
(B) by striking ‘‘with particular emphasis’’
in paragraph (1) and all that follows through
the end of such paragraph and inserting in lieu
thereof ‘‘and developing and maintaining rel-
evant informational and analytical tools.’’;
(C) by striking ‘‘to determine’’ and all that
follows through ‘‘technology policies’’ in para-
graph (2) and inserting in lieu thereof ‘‘with
HR 2405 IH
(6) by amending subsection (f), as so redesig-
nated by paragraph (3) of this subsection, to read
as follows:
‘‘(f) SPONSORSHIP.—The Director of the Office of
Science and Technology Policy shall be the sponsor of the
Institute.’’.
(b) CONFORMING USAGE.—All references in Federal
law or regulations to the Critical Technologies Institute
shall be considered to be references to the Science Studies
Institute.
SEC. 131. EDUCATIONAL IMPACT.
(a) FINDINGS.—The Congress finds that—
(1) Federal research funds made available to
institutions of higher education often create incen-
tives for such institutions to emphasize research over
undergraduate teaching and to narrow the focus of
their graduate programs; and
(2) National Science Foundation funds for Re-
search and Related Activities should be spent in the
manner most likely to improve the quality of under-
graduate and graduate education in institutions of
higher education.
(b) EDUCATIONAL IMPACT.—(1) The impact that a
grant or cooperative agreement by the National Science
Foundation would have on undergraduate and graduate
HR 2405 IH
education at an institution of higher education shall be
a factor in any decision whether to award such grant or
agreement to that institution.
(2) Paragraph (1) shall be effective with respect to
any grant or cooperative agreement awarded after Sep-
tember 30, 1996.
(c) REPORT.—The Director shall provide a plan for
the implementation of subsection (b) of this section, no
later than December 31, 1995, to the Committee on
Science of the House of Representatives and the Commit-
tee on Commerce, Science, and Transportation and the
Committee on Labor and Human Resources of the Senate.
SEC. 132. DIVISIONS OF THE FOUNDATION.
(a) AMENDMENT.—Section 8 of the National Science
Foundation Act of 1950 (42 U.S.C. 1866) is amended by
inserting ‘‘The Director may appoint, in consultation with
the Board, not more than 6 Assistant Directors to assist
in managing the Divisions.’’ after ‘‘time to time deter-
mine.’’.
(b) REPORT.—By November 15, 1995, the Director
shall transmit to the Congress a report on the reorganiza-
tion of the National Science Foundation required as a re-
sult of the amendment made by subsection (a).
HR 2405 IH
SEC. 133. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1996 for the activities for which sums are authorized by
this title unless such sums are specifically authorized to
be appropriated by this title.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities for which sums are authorized
by this title unless such sums are specifically authorized
to be appropriated by an Act of Congress with respect to
such fiscal year.
SEC. 134. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Director shall exclude from
consideration for awards of financial assistance made by
the Foundation after fiscal year 1995 any person who re-
ceived funds, other than those described in subsection (b),
appropriated for a fiscal year after fiscal year 1995, from
any Federal funding source for a project that was not sub-
jected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall
be effective for a period of 5 years after the person re-
ceives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
HR 2405 IH
by law for which assistance is awarded to members of the
class according to a formula provided by law.
TITLE 
II—NATIONAL 
AERO-
NAUTICS AND SPACE ADMIN-
ISTRATION
Subtitle A—General Provisions
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘National Aeronautics
and Space Administration Authorization Act, Fiscal Year
1996’’.
SEC. 202. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Ad-
ministration has failed to request sufficient funds to
perform all missions it has proposed in annual budg-
et requests. For fiscal year 1996, the budget re-
quested is $140,000,000 below the amount required
to fulfill program commitments made by the fiscal
year 1995 budget approved by Congress. The re-
quest for fiscal year 1996 proposes continued
underfunding of the requirements of the National
Aeronautics 
and 
Space 
Administration 
by
$439,000,000 for fiscal year 1997, $847,000,000 for
fiscal year 1998, $1,189,000,000 for fiscal year
1999, and $1,532,000,000 for fiscal year 2000.
HR 2405 IH
(2) In order to close the gap between projected
program requirements and the underfunding re-
quested, the National Aeronautics and Space Admin-
istration should aggressively pursue actions and re-
forms directed at reducing institutional costs, includ-
ing management restructuring, facility consolidation,
procurement reform, personnel base downsizing, and
convergence with other defense and private sector
systems.
(3) While institutional reforms, restructurings,
and downsizing hold the promise of comporting the
projected needs of the National Aeronautics and
Space Administration with funding levels requested
by the Administration, such reforms provide no
guarantee against cancellation of missions in the
event reform efforts fail to achieve cost reduction
targets.
(4) The National Aeronautics and Space Ad-
ministration must reverse its current trend toward
becoming an operational agency, and return to its
proud history as the Nation’s leader in basic sci-
entific air and space research.
(5) Commercial space activity is in a delicate
state of growth but has the potential to eclipse Fed-
HR 2405 IH
eral space activity in its economic return to the Na-
tion if not stifled.
(6) The United States is on the verge of creat-
ing and using new technologies in microsatellites, in-
formation processing, and space launch that could
radically alter the manner in which the Government
approaches its space mission.
(7) The overwhelming preponderance of the
Federal Government’s requirements for routine, non-
emergency manned and unmanned space transpor-
tation can be most effectively, efficiently, and eco-
nomically met by a free and competitive market in
privately developed and operated launch services.
(8) In formulating a national space transpor-
tation service policy, the National Aeronautics and
Space Administration should aggressively pursue re-
verse contracting opportunities to support the pri-
vate sector development of advanced space transpor-
tation technologies including reusable space vehicles,
single-stage-to-orbit vehicles, and manner space sys-
tems.
(9) International cooperation in space explo-
ration and science activities serves the United States
national interest—
(A) when it—
HR 2405 IH
(i) reduces the cost of undertaking
missions the United States Government
would pursue unilaterally;
(ii) enables the United States to pur-
sue missions that it could not otherwise af-
ford to pursue unilaterally; or
(iii) enhances United States capabili-
ties to use and develop space for the bene-
fit of United States citizens; and
(B) when it does not—
(i) otherwise harm or interfere with
the ability of United States private sector
firms to develop or explore space commer-
cially;
(ii) interfere with the ability of Fed-
eral agencies to use space to complete their
missions;
(iii) undermine the ability of United
States private enterprise to compete favor-
ably with foreign entities in the commercial
space arena; or
(iv) transfer sensitive or commercially
advantageous technologies or knowledge
from the United States to other countries
or foreign entities except as required by
HR 2405 IH
those countries or entities to make their
contribution to a multilateral space project
in partnership with the United States, or
on a quid pro quo basis.
(10) The National Aeronautics and Space Ad-
ministration and the Department of Defense can co-
operate more effectively in leveraging their mutual
capabilities to conduct joint space missions that im-
prove United States space capabilities and reduce
the cost of conducting space missions.
SEC. 203. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Aeronautics and Space
Administration; and
(2) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
Subtitle B—Authorization of
Appropriations
CHAPTER 1—AUTHORIZATIONS
SEC. 211. HUMAN SPACE FLIGHT.
(a) AUTHORIZATIONS.—There are authorized to be
appropriated to the National Aeronautics and Space Ad-
HR 2405 IH
ministration for fiscal year 1996 for Human Space Flight
the following amounts:
(1) 
For 
Space 
Shuttle 
Operations,
$2,341,800,000.
(2) For Space Shuttle Safety and Performance
Upgrades, $837,000,000.
(3) For Payload and Utilization Operations,
$315,000,000.
(4) For Russian Cooperation, $100,000,000.
(b) CONSTRUCTION
OF FACILITIES.—(1) Of the
funds authorized to be appropriated under subsection
(a)(2), $5,000,000 are authorized for modernization of the
Firex Systems, Pads A and B, Kennedy Space Center.
(2) Of the funds authorized to be appropriated under
subsection (a)(2), $7,500,000 are authorize for replace-
ment of the Chemical Analysis Facility, Kennedy Space
Center.
(3) Of the funds authorized to be appropriated under
subsection (a)(2), $4,900,000 are authorized for replace-
ment of the Space Shuttle Main Engine Processing Facil-
ity, Kennedy Space Center.
SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
(a) AUTHORIZATIONS.—There are authorized to be
appropriated to the National Aeronautics and Space Ad-
HR 2405 IH
ministration for fiscal year 1996 for Science, Aeronautics,
and Technology the following amounts:
(1) For Space Science, $1,995,400,000, of
which—
(A) $1,167,600,000 are authorized for
Physics and Astronomy, of which $51,500,000
shall be for the Gravity Probe B, except that no
funds are authorized for the Space Infrared
Telescope Facility; and
(B) $827,800,000 are authorized for Plan-
etary Exploration, of which $30,000,000 shall
be for the New Millennium Spacecraft, includ-
ing $5,000,000 for the National Aeronautics
and Space Administration’s participation in
Clementine 2 (Air Force Program Element
0603401F Advanced Spacecraft Technology).
(2) For Life and Microgravity Sciences and Ap-
plications, $293,200,000.
(3) 
For 
Mission 
to 
Planet 
Earth,
$1,013,100,000, of which $21,500,000 shall only be
for activities described in section 248(b)(7)(A), ex-
cept that no funds are authorized for the Consor-
tium for International Earth Science Information
Network (except as provided in section 217) or the
Topex Poseidon Follow-On mission. Funds author-
HR 2405 IH
ized by this paragraph may not be expended to du-
plicate private sector or other Federal activities or to
procure systems to provide data unless the Adminis-
trator certifies to Congress that no private sector or
Federal entity can provide suitable data in a timely
manner. Notwithstanding any other provision of law,
funds in excess of those authorized by this para-
graph may not be obligated for Mission to Planet
Earth.
(4) 
For 
Space 
Access 
and 
Technology,
$639,800,000 of which—
(A) $193,000,000 are authorized for Ad-
vanced Space Transportation;
(B) $10,000,000 are authorized to be
made available for defraying the costs of con-
verting or redesigning commercially inconsistent
elements of former Federal facilities or to take
actions required for conformance with Federal
laws or regulations relating to commercial space
transportation infrastructure, to remain avail-
able until expended;
(C) $20,000,000 shall be for continuing
the Launch Voucher Demonstration Program
authorized under section 504 of the National
Aeronautics and Space Administration Author-
HR 2405 IH
ization Act, Fiscal Year 1993(15 U.S.C. 5803);
and
(D) $33,900,000 are authorized for the
Small Spacecraft Technology Initiative, except
that funds for such Initiative may not be ex-
pended to duplicate private sector activities or
to fund any activities that a private sector en-
tity is proposing to carry out for commercial
purposes. No funds are authorized under this
paragraph for the Partnership for Next Genera-
tion Vehicle.
(5) For Aeronautical Research and Technology,
$826,900,000, of which—
(A) $354,700,000 are authorized for Re-
search and Technology Base activities;
(B) $245,500,000 are authorized for High
Speed Research;
(C) $133,,000,000 are authorized for Ad-
vanced Subsonic Technology, except that no
funds are authorized for concept studies for Ad-
vanced Traffic Management and Affordable De-
sign and Manufacturing;
(D) $40,200,000 are authorized for High-
Performance Computing and Communications;
and
HR 2405 IH
(E) $48,100,000 are authorized for Nu-
merical Aerodynamic Simulation.
(6) For Mission Communication Services,
$461,300,000.
(7) For Academic Programs, $102,200,000.
(b) CONSTRUCTION
OF FACILITIES.—(1) Of the
funds authorized to be appropriated under subsection
(a)(3), $17,000,000 are authorized for construction of the
Earth Systems Science Building, Goddard Space Flight
Center.
(2) Of the funds authorized to be appropriated under
subsection (a)(5), $5,400,000 are authorized for mod-
ernization of the Unitary Plan Wind Tunnel Complex,
Ames Research Center.
(3) Of the funds authorized to be appropriated under
subsection (a)(2), $3,000,000 are authorized for the con-
struction of an addition to the Microgravity and Develop-
ment Laboratory, Marshall Space Flight Center.
SEC. 213. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1996 for Mission Support the following amounts:
(1) For Safety, Reliability, and Quality Assur-
ance, $37,600,000.
HR 2405 IH
(2) 
For 
Space 
Communication 
Services,
$319,400,000.
(3) For Construction of Facilities, including
land acquisition, $152,600,000, of which—
(A) $6,300,000 shall be for restoration of
Flight Systems Research Laboratory, Ames Re-
search Center;
(B) $3,000,000 shall be for restoration of
chilled water distribution system, Goddard
Space Flight Center;
(C) $4,800,000 shall be for replacing
chillers, various buildings, Jet Propulsion Lab-
oratory;
(D) $1,100,000 shall be for rehabilitation
of electrical distribution system, White Sands
Test Facility, Johnson Space Center;
(E) $4,200,000 shall be for replacement of
main substation switchgear and circuit break-
ers, Johnson Space Center;
(F) $1,800,000 shall be for replacement of
15kV load break switches, Kennedy Space Cen-
ter;
(G) $9,000,000 shall be for rehabilitation
of Central Air Equipment Building, Lewis Re-
search Center;
HR 2405 IH
(H) $4,700,000 shall be for restoration of
high pressure air compressor system, Marshall
Space Flight Center;
(I) $6,800,000 shall be for restoration of
Information and Electronic Systems Labora-
tory, Marshall Space Flight Center;
(J) $1,400,000 shall be for restoration of
canal lock, Stennis Space Center;
(K) $2,500,000 shall be for restoration of
primary electrical distribution systems, Wallops
Flight Facility;
(L) $30,000,000 shall be for repair of fa-
cilities at various locations, not in excess of
$1,500,000 per project;
(M) $30,000,000 shall be for rehabilitation
and modification of facilities at various loca-
tions, not in excess of $1,500,000 per project;
(N) $2,000,000 shall be for minor con-
struction of new facilities and additions to exist-
ing facilities at various locations, not in excess
of $750,000 per project;
(O) $10,000,000 shall be for facility plan-
ning and design not otherwise provided for; and
(P) $35,000,000 shall be for environmental
compliance and restoration.
HR 2405 IH
(4) For Research and Program Management,
including personnel and related costs, travel, and re-
search operations support, $2,094,800,000.
SEC. 214. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General, $17,300,000 for fiscal year 1996.
SEC. 215. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this subtitle,
the total amount authorized to be appropriated to the Na-
tional Aeronautics and Space Administration under this
title shall not exceed $11,547,400,000 for fiscal year
1996.
SEC. 216. ADDITIONAL AUTHORIZATION AND CORRESPOND-
ING REDUCTION.
(a) AUTHORIZATION.—In addition to amounts au-
thorized by section 212(a)(3), there are authorized to be
appropriated to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 for Mission to Planet
Earth $274,360,000, to be derived from amounts other-
wise authorized by this title.
(b) OPERATING PLAN.—The Administrator shall,
within 30 days after the later of—
(1) the date of the enactment of this Act; and
HR 2405 IH
(2) the date of the enactment of the Act mak-
ing appropriations for the National Aeronautics and
Space Administration for fiscal year 1996,
transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate an operating
plan which identifies which amounts will be transferred
pursuant to subsection (a).
(c) LIMITATION
ON OBLIGATION
AND EXPENDI-
TURE.—None of the funds authorized by subsection (a)
shall be available for obligation or expenditure until—
(1) the National Academy of Sciences has con-
ducted a comprehensive review of the Mission to
Planet Earth program as part of its study of the
United States Global Change Research Program;
(2) the Administrator has reported to the Com-
mittee on Science of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate a plan for implement-
ing the study’s recommendations and a formal re-
quest for all or part of such funds; and
(3) 90 legislative days have passed after the re-
port is transmitted under paragraph (2).
HR 2405 IH
SEC. 217. LIMITED AVAILABILITY.
Nothing in this title shall interfere with the rights
of any parties under contracts. Nothing in this title shall
preclude the Consortium for International Earth Science
Information Network from receiving a contract awarded
following a full and open competition.
CHAPTER 2—RESTRUCTURING THE NA-
TIONAL AERONAUTICS AND SPACE AD-
MINISTRATION
SEC. 221. FINDINGS.
The Congress finds that—
(1) the restructuring of the National Aero-
nautics and Space Administration is essential to ac-
complishing the space missions of the United States
while simultaneously balancing the Federal budget;
(2) to restructure the National Aeronautics and
Space Administration rapidly without reducing mis-
sion content and safety requires objective financial
judgment;
(3) no effort has been undertaken by the Na-
tional Aeronautics and Space Administration to per-
form a formal economic review of its missions and
the Federal assets that support them;
(4) therefore it is premature and unwarranted
to attempt closing any National Aeronautics and
Space Administration field center until an asset-
HR 2405 IH
based review of United States space missions and
capabilities to support them is performed; and
(5) cost savings from the closing of National
Aeronautics and Space Administration field centers
are speculative and potentially injurious to mission
goals, unless derived from an asset-based analysis.
SEC. 222. ASSET-BASED REVIEW.
(a) REQUEST FOR PROPOSALS.—Not later than 30
days after the date of the enactment of this Act, the Ad-
ministrator shall publish in the Commerce Business Daily
a request for proposals to perform a National Aeronautics
and Space Administration asset-based review.
(b) QUALIFIED PROPOSALS.—Qualified proposals to
perform the asset-based review under this section shall be
from United States persons whose primary business is cor-
porate financial strategy, investment banking, accounting,
or asset management. All proposals shall, at a minimum,
propose to review, for each capital asset owned by the Na-
tional Aeronautics and Space Administration—
(1) its primary function or purpose in relation-
ship to a program, mission, or activity of the Na-
tional Aeronautics and Space Administration;
(20 the existence of other capital assets which
duplicate or overlap with such function or purpose;
HR 2405 IH
(3) the Federal and non-Federal users thereof;
and
(4) its necessity to carry out a program, mis-
sion, or activity of the National Aeronautics and
Space Administration.
(c) REPORT.—The contractor selected to perform the
asset-based review under this section shall complete such
review and transmit to the Administrator and the Con-
gress, no later than July 31, 1996, a report containing,
at a minimum—
(1) for each National Aeronautics and Space
Administration field center facility—
(A) a list of capital assets that should be
permanently retired or disposed of;
(B) a list of capital assets that may be
transferred to non-Federal institutions and cor-
porations, if the transfer of such asset is cost
effective; and
(C) a list of capital assets essential to the
conduct of National Aeronautics and Space Ad-
ministration programs, missions, or activities,
and a justification for retaining the asset;
(2) for each National Aeronautics and Space
Administration program element—
HR 2405 IH
(A) a list of capital assets essential to the
conduct of the program element; and
(B) a plan for achieving the most cost-ef-
fective consolidation and efficient use of nec-
essary capital assets to support such program
element, including the use of non-Federal assets
where appropriate; and
(3) for each National Aeronautics and Space
Administration capital asset—
(A) the total annual cost of maintaining
and operating such capital asset, including Fed-
eral employee and contractor costs;
(B) the depreciated cost, replacement cost,
and salvage value; and
(C) the most cost-effective strategy for
maintaining, replacing, upgrading, or disposing
of the capital asset, as appropriate.
(d) IMPLEMENTATION.—The Administrator shall
consider the results of the asset-based review conducted
under this section, and based on the Administrator’s rec-
ommendations, the President shall propose to Congress
legislation required to implement those recommendations
no later than September 30, 1996.
(e) CLOSING OF FIELD CENTERS.—The Adminis-
trator shall not close any National Aeronautics and Space
HR 2405 IH
Administration field center until after the asset-based re-
view report is transmitted under subsection (c), and may
only close field centers that would become obsolete as a
result of the implementation of the Administrator’s rec-
ommendations, and may do so only after enactment of leg-
islation implementing those recommendations.
CHAPTER 3—LIMITATIONS AND SPECIAL
AUTHORITY
SEC. 231. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated under
sections 211(a), 212(a), and 213 (1) and (2), and funds
appropriated for research operations support under sec-
tion 213(4), may be used for the construction of new fa-
cilities and additions to, repair of, rehabilitation of, or
modification of existing facilities at any location in support
of the purposes for which such funds are authorized.
(b) LIMITATION.—None of the funds pursuant to
subsection (a) may be expended for a project, the esti-
mated cost of which to the National Aeronautics and
Space Administration, including collateral equipment, ex-
ceeds $500,000, until 30 days have passed after the Ad-
ministrator has notified the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate of the
HR 2405 IH
nature, location, and estimated cost to the National Aero-
nautics and Space Administration of such project.
(c) TITLE TO FACILITIES.—If funds are used pursu-
ant to subsection (a) for grants to institutions of higher
education, or to nonprofit organizations whose primary
purpose is the conduct of scientific research, for purchase
or construction of additional research facilities, title to
such facilities shall be vested in the United States unless
the Administrator determines that the national program
of aeronautical and space activities will best be served by
vesting title in the grantee institution or organization.
Each such grant shall be made under such conditions as
the Administrator shall determine to be required to ensure
that the United States will receive therefrom benefits ade-
quate to justify the making of that grant.
SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under chapter 1 may remain available
without fiscal year limitation.
SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized under
any paragraph of section 211(b), 212(b), or 213(3)—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
HR 2405 IH
(2) may be varied upward by 25 percent, to
meet unusual cost variations, after the expiration of
15 days following a report on the circumstances of
such action by the Administrator to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate.
The aggregate amount authorized to be appropriated
under sections 211(b), 212(b) and 213(3) shall not be in-
creased as a result of actions authorized under paragraphs
(1) and (2) of this subsection.
(b) SPECIAL RULE.—Where the Administrator deter-
mines that new developments in the national program of
aeronautical and space activities have occurred; and that
such developments require the use of additional funds for
the purposes of construction, expansion, or modification
of facilities at any location; and that deferral of such ac-
tion until the enactment of the next National Aeronautics
and Space Administration Authorization Act would be in-
consistent with the interest of the Nation in aeronautical
and space activities, the Administrator may use up to
$10,000,000 of the amounts authorized under section
211(b), 212(b), or 213(3) for each fiscal year for such
purposes. No such funds may be obligated until a period
of 30 days has passed after the Administrator has trans-
HR 2405 IH
mitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives a written report
describing the nature of the construction, its costs, and
the reasons therefor.
SEC. 234. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law—
(1) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program for which the President’s annual
budget request included a request for funding, but
for which the Congress denied or did not provide
funding;
(2) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program in excess of the amount actually
authorized for the particular program by October 1;
and
(3) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program which has not been presented to
the Congress in the President’s annual budget re-
quest or the supporting and ancillary documents
thereto,
HR 2405 IH
unless a period of 30 days has passed after the receipt
by the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate of notice given by the Ad-
ministrator containing a full and complete statement of
the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed ac-
tion. The National Aeronautics and Space Administration
shall keep the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate fully and currently in-
formed with respect to all activities and responsibilities
within the jurisdiction of those committees. Except as oth-
erwise provided by law, any Federal department, agency,
or independent establishment shall furnish any informa-
tion requested by either committee relating to any such
activity or responsibility.
SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) REPORTS TO CONGRESS.—Not later than 30 days
after the later of the date of enactment of an Act making
appropriations to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 and the date of enact-
ment of this Act, the Administrator shall submit a report
HR 2405 IH
to Congress and to the Comptroller General which speci-
fies—
(1) the portion of such appropriations which are
for programs, projects, or activities not authorized
under chapter 1 of this subtitle, or which are in ex-
cess of amounts authorized for the relevant program,
project, or activity under this title; and
(2) the portion of such appropriations which are
authorized under this title.
(b) FEDERAL REGISTER NOTICE.—The Adminis-
trator shall, coincident with the submission of the report
required by subsection (a), publish in the Federal Register
a notice of all programs, projects, or activities for which
funds are appropriated but which were not authorized
under this title, and solicit public comment thereon re-
garding the impact of such programs, projects, or activi-
ties on the conduct and effectiveness of the national aero-
nautics and space program.
(c) LIMITATION.—Notwithstanding any other provi-
sion of law, no funds may be obligated for any programs,
projects, or activities of the National Aeronautics and
Space Administration for fiscal year 1996 not authorized
under this title until 30 days have passed after the close
of the public comment period contained in the notice re-
quired in subsection (b).
HR 2405 IH
SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 212 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
SEC. 237. LIMITATION ON TRANSFERS TO RUSSIA.
(a) LIMITATION.—No funds authorized to be appro-
priated to the National Aeronautics and Space Adminis-
tration for fiscal year 1996 may be paid or otherwise
transferred to Russia unless—
(1) the payment or transfer is authorized by
this title;
(2) the payment or transfer is made in ex-
change for goods or services that have been provided
to the National Aeronautics and Space Administra-
tion in accordance with a written agreement between
the National Aeronautics and Space Administration
and Russia;
(3) the Government of the Russian Federation
agrees to provide a monthly report to the National
Aeronautics and Space Administration during the
term of such written agreement, that fully accounts
for the disposition of the funds paid or transferred,
including information with respect to the preceding
month on—
HR 2405 IH
(A) the amount of the funds received, and
the date of receipt;
(B) the amount of the funds converted
from United States currency, the currency into
which the funds have been converted, and the
date and rate of conversion;
(C) the amount of non-United States cur-
rency, and of United States currency, that is
disbursed to any contractor or subcontractor,
the identity of such contractor or subcontractor,
and the date of disbursement; and
(D) the balance of the funds not disbursed
as of the date of the report;
(4) Russia has provided all monthly reports
with respect to which an agreement was made pur-
suant to paragraph (3); and
(5) the President, before such payment or
transfer and annually upon submission of the Presi-
dent’s budget request for fiscal years after fiscal
year 1996, has certified to the Congress that—
(A) the presence of any troops of the Rus-
sian Federation or the Commonwealth of Inde-
pendent States; and
(B) any action by the Russian Federation
or the Commonwealth of Independent States, in
HR 2405 IH
Estonia, Latvia, Lithuania, or any other inde-
pendent state of the former Soviet Union do not
violate the sovereignty of those independent
states.
(b) DEFINITION.—For purposes of this section, the
term ‘‘Russia’’ means the Government of the Russian
Federation, the Russian Space Agency, or any agency or
instrumentality of the Government of the Russian Federa-
tion or the Russian Space Agency.
Subtitle C—Miscellaneous
Provisions
SEC. 241. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites
and reentry sites, and reentries.’’;
and
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
HR 2405 IH
(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);
HR 2405 IH
(L) by inserting ‘‘and reentry’’ after ‘‘com-
mercial launch’’ in subsection (b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and;
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ in subsection (b)(4);
(3) in section 70102—
(A) by inserting ‘‘from Earth’’ after ‘‘and
any payload’’ in paragraph (3);
(B) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(C) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return or
attempt to return, purposefully, a reentry vehicle
and its payload, if any, from Earth orbit, from exo-
atmospheric flight, or from outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
HR 2405 IH
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to return from
outer space or exo-atmospheric flight to Earth, sub-
stantially intact.’’; and
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(B) of this paragraph;
(4) in section 70103(b)—
(A) by inserting ‘‘AND REENTRIES’’ after
‘‘LAUNCHES’’ in the subsection heading;
(B) by inserting ‘‘and reentries’’ after
‘‘space launches’’ in paragraph (1); and
(C) by inserting ‘‘and reentry’’ after
‘‘space launch’’ in paragraph (2);
(5) in section 70104—
(A) by amending the section designation
and heading to read as follows:
HR 2405 IH
‘‘§ 70104. Restrictions on launches, operations, and
reentries’’;
(B) by inserting ‘‘or reentry site, or reen-
ter a reentry vehicle,’’ after ‘‘operate a launch
site’’ each place it appears in subsection (a);
(C) by inserting ‘‘or reentry’’ after ‘‘launch
or operation’’ in subsection (a)(3) and (4);
(D) in subsection (b)—
(i) by striking ‘‘launch license’’ and
inserting in lieu thereof ‘‘license’’;
(ii) by inserting ‘‘or reenter’’ after
‘‘may launch’’; and
(iii) by inserting ‘‘or reentering’’ after
‘‘related to launching’’; and
(E) in subsection (c)—
(i) by amending the subsection head-
ing to read as follows: ‘‘PREVENTING
LAUNCHES AND REENTRIES.—’’;
(ii) by inserting ‘‘or reentry’’ after
‘‘prevent the launch’’; and
(iii) by inserting ‘‘or reentry’’ after
‘‘decides the launch’’;
(6) in section 70105—
(A) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (b)(1); and
HR 2405 IH
(B) by striking ‘‘or operation’’ and insert-
ing in lieu thereof ‘‘, operation, or reentry’’ in
subsection (b)(2)(A);
(7) in section 70106(a)—
(A) by inserting ‘‘or reentry site’’ after
‘‘observer at a launch site’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’;
(8) in section 70108—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70108. 
Prohibition, 
suspension, 
and 
end 
of
launches, operation of launch sites and
reentry sites, and reentries’’;
and
(B) in subsection (a)—
(i) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘oper-
ation of a launch site’’; and
(ii) by inserting ‘‘or reentry’’ after
‘‘launch or operation’’;
(9) in section 70109—
(A) by amending the section designation
and heading to read as follows:
HR 2405 IH
‘‘§ 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
HR 2405 IH
(B) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (a)(3)(B);
(11) in section 70111—
(A) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(B) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(C) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(E) by striking ‘‘or its payload for launch’’
in subsection (d) and inserting in lieu thereof
‘‘or reentry vehicle, or the payload of either, for
launch or reentry’’; and
(F) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (d);
(12) in section 70112—
(A) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(B) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (a)(4);
HR 2405 IH
(C) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(D) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
(E) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(F) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e);
(13) in section 70113(a)(1) and (d)(1) and (2),
by inserting ‘‘or reentry’’ after ‘‘one launch’’ each
place it appears;
(14) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘launch vehicle’’ both places it appears;
(15) in section 70117—
(A) by inserting ‘‘or reentry site or reenter
a reentry vehicle’’ after ‘‘operate a launch site’’
in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
HR 2405 IH
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN
IMPORT.—A launch vehicle, reentry vehicle, or payload
that is launched or reentered is not, because of the launch
or reentry, an export or import, respectively, for purposes
of a law controlling exports or imports.’’; and
(D) in subsection (g)—
(i) by striking ‘‘operation of a launch
vehicle or launch site,’’ in paragraph (1)
and inserting in lieu thereof ‘‘reentry, op-
eration of a launch vehicle or reentry vehi-
cle, or operation of a launch site or reentry
site,’’;
(ii) by striking ‘‘or’’ at the end of
paragraph (1);
(iii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2);
(iv) by striking the period at the end
of paragraph (2) and inserting in lieu
thereof ‘‘; or’’; and
(v) by adding at the end the following
new paragraph:
‘‘(3) any amateur and similar small rocket ac-
tivities, as defined by the Secretary by regulation.’’;
HR 2405 IH
(16) in section 70119, by inserting the follow-
ing after paragraph (2):
‘‘There are authorized to be appropriated to the Secretary
of Transportation $6,000,000 to carry out this chapter for
fiscal year 1996. None of the funds authorized by this sec-
tion may be expended for policy development or analysis
activities not directly related to the Secretary’s regulatory
responsibilities under this chapter.’’.
(b) ADDITIONAL AMENDMENTS.—(1) Section 70105
of title 49, United States Code, is amended—
(A) by inserting ‘‘(1)’’ before ‘‘A person may
apply’’ in subsection (a);
(B) by striking ‘‘receiving an application’’ both
places it appears in subsection (a) and inserting in
lieu thereof ‘‘accepting an application in accordance
with criteria established pursuant to subsection
(b)(2)(D)’’;
(C) by adding at the end of subsection (a) the
following new paragraph:
‘‘(2) In carrying out paragraph (1), the Secretary
may establish procedures for certification of the safety of
a launch vehicle, reentry vehicle, or safety system, proce-
dure, service, or personnel that may be used in conducting
licensed commercial space launch or reentry activities.’’;
HR 2405 IH
(D) by striking ‘‘and’’ at the end of subsection
(b)(2)(B);
(E) by striking the period at the end of sub-
section (b)(2)(C) and inserting in lieu thereof ‘‘;
and’’;
(F) by adding at the end of subsection (b)(2)
the following new subparagraph:
‘‘(D) regulations establishing criteria for ac-
cepting or rejecting an application for a license
under this chapter within 60 days after receipt of
such application.’’; and
(G) by inserting ‘‘, or the requirement to obtain
a license,’’ after ‘‘waive a requirement’’ in subsection
(b)(3).
(2) The amendment made by paragraph (1)(B) shall
take effect upon the effective date of final regulations is-
sued pursuant to section 70105(b)(2)(D) of title 49,
United States Code, as added by paragraph (1)(F) of this
subsection.
(3) Section 70102(5) of title 49, United States Code,
is amended—
(A) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively; and
HR 2405 IH
(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—
HR 2405 IH
(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’’.
HR 2405 IH
SEC. 242. OFFICE OF AIR AND SPACE COMMERCIALIZATION
AUTHORIZATION.
There are authorized to be appropriated to the Sec-
retary of Commerce for the activities of the Office of Air
and Space Commercialization, $457,000 for fiscal year
1996.
SEC. 243. REQUIREMENT FOR INDEPENDENT COST ANALY-
SIS.
The Chief Financial Officer for the National Aero-
nautics and Space Administration shall be responsible for
conducting independent cost analyses of all new projects
estimated to cost more than $5,000,000 and shall report
the results annually to Congress at the time of the submis-
sion of the President’s budget request. In developing cost
accounting and reporting standards for carrying out this
section, the Chief Financial Officer shall, to the extent
practicable and consistent with other laws, solicit the ad-
vice of expertise outside of the National Aeronautics and
Space Administration.
SEC. 244. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Sec-
tion 102 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2451) is amended—
HR 2405 IH
(1) by striking subsection (e) and redesignating
subsections (f) through (h) as subsections (e)
through (g), respectively; and
(2) in subsection (g), as so redesignated by
paragraph (1) of this subsection, by striking ‘‘(f),
and (g)’’ and inserting in lieu thereof ‘‘and (f)’’.
(b) REPORTS TO THE CONGRESS.—Section 206(a) of
the National Aeronautics and Space Act of 1958 (42
U.S.C. 2476(a)) is amended—
(1) by striking ‘‘January’’ and inserting in lieu
thereof ‘‘May’’; and
(2) by striking ‘‘calendar’’ and inserting in lieu
thereof ‘‘fiscal’’.
(c) DISCLOSURE OF TECHNICAL DATA.—Section 303
of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2454) is amended—
(1) in subsection (a)(C), by inserting ‘‘or (c)’’
after ‘‘subsection (b)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c)(1) The Administration may delay for a period
not to exceed 5 years the unrestricted public disclosure
of technical data in the possession of, or under the control
of, the Administration that has been generated in the per-
formance of experimental, developmental, or research ac-
HR 2405 IH
tivities or programs funded jointly by the Administration
and the private sector.
‘‘(2) Within 1 year after the date of the enactment
of the National Aeronautics and Space Administration Au-
thorization Act, Fiscal Year 1996, the Administrator shall
issue regulations to carry out this subsection. Paragraph
(1) shall not take effect until such regulations are issued.
‘‘(3) Regulations issued pursuant to paragraph (2)
shall include—
‘‘(A) guidelines for a determination of whether
data is technical data within the meaning of this
subsection;
‘‘(B) a requirement that a determination de-
scribed in subparagraph (A) that particular data is
technical data shall be reported to the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate;
‘‘(C) 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
HR 2405 IH
‘‘(D) a specification of the period or periods for
which the delay in unrestricted public disclosure of
technical data is to apply to various categories of
such data, and the restrictions on disclosure of such
data during such period or periods, including a re-
quirement that the maximum 5-year protection
under this subsection shall not be provided unless at
least 50 percent of the funding for the activities or
programs is provided by the private sector.
‘‘(4) Along with the initial publication of proposed
regulations under paragraph (2), the Administrator shall
include a list of those experimental, developmental, or re-
search activities or programs conducted by, or funded in
whole or in part by, the Administration that may result
in products or processes of significant value in maintain-
ing leadership or competitiveness in civil and governmental
aeronautical and space activities by the United States in-
dustrial base. Such list shall be updated biannually.
‘‘(5) For purposes of this subsection, the term ‘tech-
nical data means any recorded information, including com-
puter software, that is or may be directly applicable to
the design, engineering, development, production, manu-
facture, or operation of products or processes that may
have significant value in maintaining leadership or com-
HR 2405 IH
petitiveness in civil and governmental aeronautical and
space activities by the United States industrial base.’’.
SEC. 245 PROCUREMENT.
(a) PROCUREMENT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish within the Office of Space Access and Tech-
nology a program of expedited technology procure-
ment for the purpose of demonstrating how innova-
tive technology concepts can rapidly be brought to
bear upon space missions of the National Aero-
nautics and Space Administration.
(2) PROCEDURES AND EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from persons outside the National Aero-
nautics and Space Administration innovative tech-
nology concepts, relating to the provision of space
hardware, technology, or service to the National Aer-
onautics and Space Administration, and for the eval-
uation of such concepts by the National Aeronautics
and Space Administration’s Advisory Council against
mission requirements.
(3) REQUIREMENT.—At least 1 percent of
amounts authorized to be appropriated under section
212(a)(4) shall be used for innovative technology
HR 2405 IH
procurements that are determined under paragraph
(2) of this subsection to meet mission requirements.
(4) SPECIAL
AUTHORITY.—In order to carry
out this subsection the Administrator shall recruit
and hire for limited term appointments persons from
outside the National Aeronautics and Space Admin-
istration with special expertise and experience relat-
ed to the innovative technology concepts with respect
to which procurements are made under this sub-
section.
(5) SUNSET.—This subsection shall cease to be
effective 10 years after the date of its enactment.
(b) TECHNOLOGY PROCUREMENT INITIATIVE.—
(1) IN GENERAL.—The Administrator shall co-
ordinate National Aeronautics and Space Adminis-
tration resources in the areas of procurement, com-
mercial programs, and advanced technology in order
to—
(A) fairly assess and procure commercially
available technology from the marketplace in
the most efficient manner practicable;
(B) achieve a continuous pattern of inte-
grating advanced technology from the commer-
cial sector, and from Federal sources outside
the National Aeronautics and Space Adminis-
HR 2405 IH
tration, into the missions and programs of the
National Aeronautics and Space Administra-
tion;
(C) incorporate private sector buying and
bidding procedures, including fixed price con-
tracts, into procurements; and
(D) provide incentives for cost-plus con-
tractors of the National Aeronautics and Space
Administration to integrate commercially avail-
able technology in subsystem contracts on a
fixed-price basis.
(2) CERTIFICATION.—Upon solicitation of any
procurement for space hardware, technology, or serv-
ices that are not commercially available, the Admin-
istrator shall certify, by publication of a notice and
opportunity to comment in the Commerce Business
Daily, for each such procurement action, that no
functional equivalent, commercially, available space
hardware, technology, or service exists and that no
commercial method of procurement in available.
SEC. 246. ADDITIONAL NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION FACILITIES.
The Administrator shall not construct or enter into
a new lease for facilities to support National Aeronautics
and Space Administration programs unless the Adminis-
HR 2405 IH
trator has certified to the Congress that the Administrator
reviewed existing National Aeronautics and Space Admin-
istration and other federally owned facilities, including
military facilities scheduled for closing or reduction, and
found no such facilities appropriate for the intended use.
SEC. 247. PURCHASE OF SPACE SCIENCE DATA.
(a) IN GENERAL.—To the maximum extent possible,
the National Aeronautics and Space Administration shall
purchase from the private sector space science data. Ex-
amples of such data include scientific data concerning the
elemental and mineralogical resources of the moon and the
planets, Earth environmental data obtained through re-
mote sensing observations, and solar storm monitoring.
(b) COMPETITIVE BIDDING.—(1) Contracts for the
purchase of space data under this section shall be awarded
in a process of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the purposes
of supporting the bid of fulfillment of the contract, shall
not be required of bidders.
(3) 
Conformance 
with 
military 
specifications
(Milspec) or National Aeronautics and Space Administra-
tion specifications systems with respect to the design, con-
struction, or operation of equipment used in obtaining
space science data under contracts entered into under this
HR 2405 IH
flights, and shall thereafter procure all microgravity
parabolic flight services from private sector providers. Na-
tional Aeronautics and Space Administration experi-
menters, and National Aeronautics and Space Administra-
tion-funded experimenters, who would otherwise use Na-
tional Aeronautics and Space Administration-owned or op-
erated microgravity parabolic flight aircraft, shall be is-
sued vouchers for the procurement of microgravity
parabolic flight services from the private sector.
SEC. 253. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Administrator shall exclude
from consideration for awards of financial assistance made
by the National Aeronautics and Space Administration
after fiscal year 1995 any person who received funds,
other than those described in subsection (b), appropriated
for a fiscal year after fiscal year 1995, from any Federal
funding source for a project that was not subjected to a
competitive, merit-based award process. Any exclusion
from consideration pursuant to this section shall be effec-
tive for a period of 5 years after the person receives such
Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
by law for which assistance is awarded to members of the
class according to a formula provided by law.
HR 2405 IH
SEC. 254. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
SEC. 255. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1996 for the activities for which sums are authorized by
this title unless such sums are specifically authorized to
be appropriated by this title.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities for which sums are authorized
by this title unless such sums are specifically authorized
to be appropriated by Act of Congress with respect to such
fiscal year.
109
HR 2405 IH
paragraphs (3), (4), and (5), respectively;
and
(iii) by striking subsections (b) and
(c).
SEC. 412. ATMOSPHERIC RESEARCH.
(a) CLIMATE
AND AIR QUALITY RESEARCH.—(1)
There is authorized to be appropriated to the Secretary
to enable the National Oceanic and Atmospheric Adminis-
tration to carry out its climate and air quality research
duties, $8,757,000 for fiscal year 1996. Such duties in-
clude internannual and seasonal climate research and
long-term climate and air quality research.
(2) The Administrator shall ensure that at least the
same percentage of the climate and air quality research
funds that were provided to institutions of higher edu-
cation for fiscal year 1995 is provided to institutions of
higher education from funds authorized by this subsection.
(b) ATMOSPHERIC PROGRAMS.—There are author-
ized to be appropriated to the Secretary to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out its atmospheric research duties, $39,894,000 for fiscal
year 1996. Such duties include research for developing im-
proved prediction capabilities for atmospheric processes,
as well as solar-terrestrial research and services.