(b) LIMITATION.—None of the funds used pursuant to
subsection (a) may be expended for a project, the estimated
cost of which to the National Aeronautics and Space Ad-
ministration, including collateral equipment, exceeds
$500,000, until 30 days have passed after the Administrator
has notified the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate of the nature, location, and
estimated cost to the National Aeronautics and Space Ad-
ministration of such project.
(c) TITLE TO FACILITIES.—If funds are used pursuant
to subsection (a) for grants to institutions of higher edu-
cation, or to nonprofit organizations whose primary pur-
pose 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 Ad-
ministrator determines that the national program of aero-
nautical 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 Adminis-
trator shall determine to be required to ensure that the
United States will receive therefrom benefits adequate to
justify the making of that grant.
SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under subtitle A may remain available
without fiscal year limitation.
SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized under
any paragraph of section 101(b), 102(b), or 103(3)—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(2) may be varied upward by 25 percent, to meet
unusual cost variations, after the expiration of 15
days following a report on the circumstances of such
action by the Administrator to the Committee on
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of
the Senate.
The aggregate amount authorized to be appropriated under
sections 101(b), 102(b) and 103(3) shall not be increased
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 action
until the enactment of the next National Aeronautics and
Space Administration Authorization Act would be incon-
sistent 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
101(b), 102(b), or 103(3) for each fiscal year for such pur-
poses. No such funds may be obligated until a period of
30 days has passed after the Administrator has transmitted
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science of the
House of Representatives a written report describing the na-
ture of the construction, its costs, and the reasons therefor.
SEC. 124. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law—
(1) no amount appropriated to the National Aer-
onautics 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 Aer-
onautics and Space Administration may be used for
any program in excess of the amount actually author-
ized for the particular program by subtitle A; and
(3) no amount appropriated to the National Aer-
onautics and Space Administration may be used for
any program which has not been presented to the
Congress in the President’s annual budget request or
the supporting and ancillary documents thereto,
unless a period of 30 days has passed after the receipt by
the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate of notice given by the Administrator
containing a full and complete statement of the action pro-
posed to be taken and the facts and circumstances relied
upon in support of such proposed action. The National Aer-
onautics and Space Administration shall keep the Commit-
tee on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate fully and currently informed with respect to all ac-
tivities and responsibilities within the jurisdiction of those
committees. Except as otherwise provided by law, any Fed-
eral department, agency, or independent establishment shall
furnish any information requested by either committee re-
lating to any such activity or responsibility.
SEC. 125. 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 enactment
of this Act, the Administrator shall submit a report to Con-
gress and to the Comptroller General which specifies—
(1) the portion of such appropriations which are
for programs, projects, or activities not authorized
under subtitle A of this title, or which are in excess
of amounts authorized for the relevant program,
project, or activity under this Act; and
(2) the portion of such appropriations which are
authorized under this Act.
(b) FEDERAL REGISTER NOTICE.—The Administrator
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 Act,
and solicit public comment thereon regarding the impact
of such programs, projects, or activities on the conduct and
effectiveness of the national aeronautics 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 Act until 30 days have passed after the close of the
public comment period contained in the notice required in
subsection (b).
SEC. 126. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 102 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
SEC. 127. LIMITATION ON TRANSFERS TO RUSSIA.
(a) LIMITATION.—No funds authorized to be appro-
priated to the National Aeronautics and Space Administra-
tion for fiscal year 1996 may be paid or otherwise trans-
ferred to Russia unless—
(1) the payment or transfer is authorized by this
Act;
(2) the payment or transfer is made in exchange
for goods or services that have been provided to the
National Aeronautics and Space Administration in
accordance with a written agreement between the Na-
tional Aeronautics and Space Administration and
Russia;
(3) the Government of the Russian Federation
agrees to provide a monthly report to the National
Aeronautics and Space Administration during the
term of such written agreement, that fully accounts
for the disposition of the funds paid or transferred,
including information with respect to the preceding
month on—
(A) the amount of the funds received, and
the date of receipt;
(B) the amount of the funds converted from
United States currency, the currency into which
the funds have been converted, and the date and
rate of conversion;
(C) the amount of non-United States cur-
rency, and of United States currency, that is dis-
bursed 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 pursuant to
paragraph (3); and
(5) the President, before such payment or trans-
fer and annually upon submission of the President’s
budget request for fiscal years after fiscal year 1996,
has certified to the Congress that—
(A) the presence of any troops of the Rus-
sian Federation or the Commonwealth of Inde-
pendent States; and
(B) any action by the Russian Federation
or the Commonwealth of Independent States,
in Estonia, Latvia, Lithuania, or any other inde-
pendent state of the former Soviet Union do not vio-
late the sovereignty of those independent states.
(b) DEFINITION.—For purposes of this section, the
term ‘‘Russia’’ means the Government of the Russian Fed-
eration, the Russian Space Agency, or any agency or in-
strumentality of the Government of the Russian Federation
or the Russian Space Agency.
TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites
and reentry sites, and reentries.’’;
and
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
(2) in section 70101—
(A) by inserting ‘‘microgravity research,’’
after ‘‘information services,’’ in subsection (a)(3);
(B) by inserting ‘‘, reentry,’’ after ‘‘launch-
ing’’ both places it appears in subsection (a)(4);
(C) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (a)(5);
(D) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(6);
(E) 
by 
inserting 
‘‘, 
reentries,’’ 
after
‘‘launches’’ both places it appears in subsection
(a)(7);
(F) by inserting ‘‘, reentry sites,’’ after
‘‘launch sites’’ in subsection (a)(8);
(G) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(8);
(H) by inserting ‘‘reentry sites,’’ after
‘‘launch sites,’’ in subsection (a)(9);
(I) by inserting ‘‘and reentry site’’ after
‘‘launch site’’ in subsection (a)(9);
(J) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (b)(2);
(K) by striking ‘‘launch’’ in subsection
(b)(2)(A);
(L) by inserting ‘‘and reentry’’ after ‘‘com-
mercial launch’’ in subsection (b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ in subsection (b)(4);
(3) in section 70102—
(A) by inserting ‘‘from Earth’’ after ‘‘and
any payload’’ in paragraph (3);
(B) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(C) by inserting after paragraph (9) the fol-
lowing 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-atmos-
pheric flight, or from outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to return from
outer space or exo-atmospheric flight to Earth, sub-
stantially intact.’’; and
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(B) of this paragraph;
(4) in section 70103(b)—
(A) by inserting ‘‘AND REENTRIES’’ after
‘‘LAUNCHES’’ in the subsection heading;
(B) by inserting ‘‘and reentries’’ after
‘‘space launches’’ in paragraph (1); and
(C) by inserting ‘‘and reentry’’ after ‘‘space
launch’’ in paragraph (2);
(5) in section 70104—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70104. Restrictions on launches, operations, and re-
entries’’;
(B) by inserting ‘‘or reentry site, or reenter
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 heading
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 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 ‘‘ob-
server 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 ‘‘operation
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 ‘‘en-
sure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date com-
mitment’’ after ‘‘launch date commitment’’;
(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 ‘‘prevent
the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘or reentry site, or reentry
of a reentry vehicle,’’ after ‘‘operation of a
launch site’’ in subsection (a)(3)(B);
(11) in section 70111—
(A) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(B) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(C) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(E) by striking ‘‘or its payload for launch’’
in subsection (d) and inserting in lieu thereof
‘‘or reentry vehicle, or the payload of either, for
launch or reentry’’; and
(F) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (d);
(12) in section 70112—
(A) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(B) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (a)(4);
(C) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(D) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
(E) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(F) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e);
(13) in section 70113(a)(1) and (d) (1) and (2),
by inserting ‘‘or reentry’’ after ‘‘one launch’’ each
place it appears;
(14) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘launch vehicle’’ both places it appears;
(15) in section 70117—
(A) by inserting ‘‘or reentry site or reenter
a reentry vehicle’’ after ‘‘operate a launch site’’
in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN IM-
PORT.—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, oper-
ation of a launch vehicle or reentry vehicle,
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.’’;
(16) in section 70119, by inserting the following
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, procedure,
service, or personnel that may be used in conducting li-
censed 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 accept-
ing or rejecting an application for a license under
this chapter within 60 days after receipt of such ap-
plication.’’; 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 issued
pursuant to section 70105(b)(2)(D) of title 49, United
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 prepa-
ration 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 REEN-
TRIES’’; 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 Secretary shall
submit to the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate a written 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 pri-
vate sector and State governments for property and services
under this section.’’;
(B) by striking ‘‘actual costs’’ in subsection
(b)(1) and inserting in lieu thereof ‘‘additive costs
only’’; and
(C) by inserting after subsection (b)(2) the fol-
lowing new paragraph:
‘‘(3) The Secretary shall ensure the establishment of
uniform guidelines for, and consistent implementation of,
this section by all Federal agencies.’’.
(7) Section 70112 of title 49, United States Code, is
amended—
(A) in subsection (a)(1), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘(1) When a’’;
(B) in subsection (b)(1), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘(1) A’’; and
(C) in subsection (f), by inserting ‘‘launch, re-
entry, or site operator’’ after ‘‘carried out under a’’.
SEC. 202. 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. 
203. 
REQUIREMENT 
FOR 
INDEPENDENT 
COST
ANALYSIS.
The Chief Financial Officer for the National Aero-
nautics and Space Administration shall be responsible for
conducting independent cost analyses of all new projects es-
timated to cost more than $5,000,000 and shall report the
results annually to Congress at the time of the submission
of the President’s budget request. In developing cost ac-
counting and reporting standards for carrying out this sec-
tion, the Chief Financial Officer shall, to the extent prac-
ticable and consistent with other laws, solicit the advice of
expertise outside of the National Aeronautics and Space Ad-
ministration.
SEC. 204. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Section
102 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451) is amended—
(1) by striking subsection (e) and redesignating
subsections (f) through (h) as subsections (e) through
(g), respectively; and
(2) in subsection (g), as so redesignated by para-
graph (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 tech-
nical data in the possession 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 the pri-
vate 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 sub-
section;
‘‘(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 Com-
mittee on Commerce, Science, and Transportation 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 competi-
tiveness in civil and governmental aeronautical and
space activities by the United States industrial base;
and
‘‘(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 reg-
ulations under paragraph (2), the Administrator shall in-
clude 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 maintaining
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
computer 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 competitive-
ness in civil and governmental aeronautical and space ac-
tivities by the United States industrial base.’’.
SEC. 205. 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 innovative
technology concepts can rapidly be brought to bear
upon space missions of the National Aeronautics and
Space Administration.
(2) PROCEDURES
AND
EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from persons outside the National Aeronautics
and Space Administration innovative technology con-
cepts relating to the provision of space hardware,
technology, or services to the National Aeronautics
and Space Administration, and for the evaluation 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
102(a)(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 out-
side the National Aeronautics and Space Administra-
tion with special expertise and experience related to
the innovative technology concepts with respect to
which procurements are made under this subsection.
(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 Administration,
into the missions and programs of the National
Aeronautics and Space Administration;
(C) incorporate private sector buying and
bidding procedures, including fixed price con-
tracts, into procurements; and
(D) provide incentives for cost-plus contrac-
tors of the National Aeronautics and Space Ad-
ministration to integrate commercially available
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 Adminis-
trator shall certify, by publication of a notice and op-
portunity 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 is available.
SEC. 
206. 
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 Administrator
has certified to the Congress that the Administrator has 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. 207. 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. Exam-
ples of such data include scientific data concerning the ele-
mental and mineralogical resources of the moon and the
planets, Earth environmental data obtained through remote
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 or fulfillment of the contract, shall not
be required of bidders.
(3) 
Conformance 
with 
military 
specifications
(Milspec) or National Aeronautics and Space Administra-
tion specifications systems with respect to the design, con-
struction, or operation of equipment used in obtaining
space science data under contracts entered into under this
section shall not be a requirement for a commercial provider
bidding to provide such services.
(4) Contracts under this section shall not provide for
the Federal Government to obtain ownership of data not
specifically sought by the Federal Government.
SEC. 208. REPORT ON MISSION TO PLANET EARTH.
(a) REQUIREMENT.—The Administrator shall, within
6 months after the date of the enactment of this Act, trans-
mit to the Congress a report on Mission to Planet Earth.
(b) CONTENTS.—The plan required by subsection (a)
shall include—
(1) an analysis of Earth observation systems of
other countries and the ways in which the United
States could benefit from such systems, including by
eliminating duplication of effort;
(2) an analysis of how the Department of De-
fense’s airborne and space sensor programs could be
used in Mission to Planet Earth;
(3) a plan for infusing advanced technology into
the Mission to Planet Earth program, including mile-
stones and an identification of available resources;
(4) a plan to solicit proposals from the private
sector on how to innovatively accomplish the most
critical research on global climate change;
(5) an integrated plan for research in the Sci-
entific Research and Mission to Planet Earth enter-
prises of the National Aeronautics and Space Admin-
istration;
(6) a plan for developing metrics and milestones
to quantify the performance of work on Mission to
Planet Earth; and
(7) an analysis of how the United States Govern-
ment can—
(A) most effectively utilize space-based and
airborne Earth remote sensing data, services,
distribution, and applications provided by the
United States private sector to meet Government
goals for Mission to Planet Earth; and
(B) evaluate and foster commercial data
sources, commercial archiving services, commer-
cial applications, and commercial distribution of
Mission to Planet Earth data.
SEC. 209. SHUTTLE PRIVATIZATION.
(a) POLICY AND PREPARATION.—The Administrator
shall prepare for an orderly transition from the Federal op-
eration, or Federal management of contracted operation, of
space transportation systems to the Federal purchase of
commercial space transportation services for all non-
emergency launch requirements, including human, cargo,
and mixed payloads. In those preparations, the Adminis-
trator shall take into account the need for short-term econo-
mies, as well as the goal of restoring the National Aero-
nautics and Space Administration’s research focus and its
mandate to promote the fullest possible commercial use of
space. As part of those preparations, the Administrator
shall plan for the potential privatization of the Space Shut-
tle program.
(b) REQUEST FOR PROPOSALS.—Within 30 days after
the date of the enactment of this Act, the Administrator
shall publish in the Commerce Business Daily a request for
proposals to achieve a single prime contract for the space
shuttle program. The request for proposals shall include—
(1) a timetable and milestones for selecting a
single prime contractor not later than September 30,
1996;
(2) criteria for selection of the single prime con-
tractor;
(3) the annual target cost to be achieved by the
single prime contractor;
(4) proposed terms and conditions of the single
prime contract, including fee and incentives for
achieving the target cost, and for savings below the
target cost; and
(5) a requirement that each proposal be accom-
panied by a plan by the proposer to privatize the
space shuttle program.
(c) PRIVATIZATION PLANS.—The Administrator shall
forward all privatization plans received pursuant to sub-
section (b)(5) to the Congress not later than 30 days after
the deadline for submitting proposals under subsection (b).
(d) LIMITATION ON USE OF FUNDS.—None of the
funds authorized by this Act shall be used to plan or pre-
pare for Federal Government, or federally contracted, oper-
ation of the Space Shuttle beyond the year 2012, nor for
studying, designing, or developing upgrades to the Shuttle
whose sole purpose is to extend the operational life of the
Space Shuttle system beyond 2012. Nothing in this Act shall
preclude the Federal, or federally contracted, operation of
the Space Shuttle through the year 2012, or the privatized
operation of the Space Shuttle after the year 2012.
SEC. 210. AERONAUTICAL RESEARCH AND TECHNOLOGY
FACILITIES.
Notwithstanding any other provision of law, no funds
may be obligated for fiscal year 1996 for Aeronautical Re-
search and Technology programs of the National Aero-
nautics and Space Administration in excess of amounts au-
thorized by this Act, except to the extent that the Adminis-
trator receives from non-Federal sources full reimbursement
of such excess amounts through payment of costs associated
with research at the aeronautical research and technology
facilities of the National Aeronautics and Space Adminis-
tration.
SEC. 211. 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. 212. PRIVATIZATION OF MICROGRAVITY PARABOLIC
FLIGHT OPERATIONS.
(a) FINDING.—The Congress finds that no national se-
curity 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 aircraft
operations conducted by or for the National Aeronautics
and Space Administration in support of microgravity re-
search, astronaut training, and other functions, through is-
suance of one or more long-term, renewable, block purchase
contracts for the performance of such operations by United
States private sector providers.
(2) Within 30 days after the date of the enactment of
this Act, the Administrator shall issue a request for propos-
als to provide services as described in paragraph (1). The
Administrator shall coordinate the process of review of such
proposals, and shall oversee the transfer of such operations
to the private sector.
(3) Within 6 months after the issuance of a request
for proposals under paragraph (2), the Administrator shall
award one or more contracts for microgravity parabolic
flight services, and shall cease all National Aeronautics and
Space Administration-operated parabolic aircraft flights,
and shall thereafter procure all microgravity parabolic
flight services from private sector providers. National Aero-
nautics and Space Administration experimenters, and Na-
tional Aeronautics and Space Administration-funded ex-
perimenters, who would otherwise use National Aeronautics
and Space Administration-owned or operated microgravity
parabolic flight aircraft, shall be issued vouchers for the
procurement of microgravity parabolic flight services from
the private sector.
SEC. 213. 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 consider-
ation pursuant to this section shall be effective for a period
of 5 years after the person receives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified by
law for which assistance is awarded to members of the class
according to a formula provided by law.
SEC. 214. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act shall be avail-
able for any activity whose purpose is to influence legisla-
tion 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 legislation or ap-
propriations which they deem necessary for the efficient
conduct of the public business.
SEC. 215. 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 Act
unless such sums are specifically authorized to be appro-
priated by this Act.
(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 Act unless such sums are specifically authorized to
be appropriated by Act of Congress with respect to such fis-
cal year.
SEC. 216. UNITARY WIND TUNNEL PLAN ACT OF 1949
AMENDMENTS.
The Unitary Wind Tunnel Plan Act of 1949 is amend-
ed—
(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 subsection
(a) and inserting in lieu thereof ‘‘laboratories
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’’.
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