IIA
104TH CONGRESS
2D SESSION
H. R. 3322
IN THE SENATE OF THE UNITED STATES
JUNE 3, 1996
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To authorize appropriations for fiscal year 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,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Omnibus Civilian Science Authorization Act of 1996’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
TITLE I—NATIONAL SCIENCE FOUNDATION
Sec. 101. Short title.
Sec. 102. Definitions.
Subtitle A—National Science Foundation Authorization
Sec. 111. Authorization of appropriations.
Sec. 112. Proportional reduction of research and related activities amounts.
Sec. 113. Consultation and representation expenses.
Sec. 114. Reprogramming.
Subtitle B—General Provisions
Sec. 121. Annual report.
Sec. 122. National research facilities.
Sec. 123. Eligibility for research facility awards.
Sec. 124. Administrative amendments.
Sec. 125. Indirect costs.
Sec. 126. Financial disclosure.
Sec. 127. Educational leave of absence for active duty.
Sec. 128. Science Studies Institute.
Sec. 129. Educational impact.
Sec. 130. Divisions of the Foundation.
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. Office of Commercial Space Transportation Authorization.
Sec. 217. Office of Space Commerce.
CHAPTER 2—RESTRUCTURING THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
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Sec. 221. Findings.
Sec. 222. Restructuring reports.
CHAPTER 3—LIMITATIONS AND SPECIAL AUTHORITY
Sec. 231. Use of funds for construction.
Sec. 232. Availability of appropriated amounts.
Sec. 233. Reprogramming for construction of facilities.
Sec. 234. Consideration by committees.
Sec. 235. Limitation on obligation of unauthorized appropriations.
Sec. 236. Use of funds for scientific consultations or extraordinary expenses.
Subtitle C—International Space Station
Sec. 241. Findings.
Sec. 242. Commercialization of Space Station.
Sec. 243. Sense of Congress.
Sec. 244. Space Station accounting report.
Subtitle D—Miscellaneous Provisions
Sec. 251. Commercial space launch amendments.
Sec. 252. Requirement for independent cost analysis.
Sec. 253. Office of Space Commerce.
Sec. 254. National Aeronautics and Space Act of 1958 amendments.
Sec. 255. Procurement.
Sec. 256. Additional National Aeronautics and Space Administration facilities.
Sec. 257. Purchase of space science data.
Sec. 258. Plan for Mission to Planet Earth.
Sec. 259. Acquisition of earth remote sensing data.
Sec. 260. Shuttle privatization.
Sec. 261. Launch voucher demonstration program amendments.
Sec. 262. Privatization of microgravity parabolic flight operations.
Sec. 263. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 264. Use of abandoned and underutilized buildings, grounds, and facilities.
Sec. 265. Cost effectiveness calculations.
Sec. 266. Procurement ombudsman.
Sec. 267. Authority to reduce or suspend contract payments based on substan-
tial evidence of fraud.
TITLE III—UNITED STATES FIRE ADMINISTRATION
Sec. 301. Short title.
Sec. 302. Authorization of appropriations.
Sec. 303. Fire safety systems in Army housing.
Sec. 304. Successor fire safety standards.
Sec. 305. Termination or privatization of functions.
Sec. 306. Report on budgetary reduction.
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.
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Sec. 412. Atmospheric research.
Sec. 413. National Environmental Satellite, Data, and Information Service.
Subtitle B—Program Support
Sec. 431. Program support.
Subtitle C—Streamlining of Operations
Sec. 441. Programs.
Sec. 442. Reduction in travel budget.
Subtitle D—Miscellaneous
Sec. 451. Weather data buoys.
Sec. 452. Duties of the National Weather Service.
TITLE V—ENVIRONMENTAL PROTECTION AGENCY
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authorization of appropriations.
Sec. 504. Scientific research review.
Sec. 505. Graduate student fellowships.
Sec. 506. Science Advisory Board.
Sec. 507. Endocrine disrupter research planning.
TITLE VI—NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY
Sec. 601. Authorization of appropriations.
TITLE VII—FEDERAL AVIATION ADMINISTRATION RESEARCH,
ENGINEERING, AND DEVELOPMENT
Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Research priorities.
Sec. 704. Research Advisory Committee.
Sec. 705. National aviation research plan.
TITLE VIII—NATIONAL EARTHQUAKE HAZARDS REDUCTION
PROGRAM
Sec. 801. Authorization of appropriations.
TITLE IX—MISCELLANEOUS
Sec. 901. Prohibition of lobbying activities.
Sec. 902. Limitation on appropriations.
Sec. 903. Eligibility for awards.
Sec. 904. Buy American.
Sec. 905. ROTC access to campuses.
Sec. 906. Recruiting on campus.
TITLE X—FURTHER AUTHORIZATIONS
Sec. 1001. Further authorizations.
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TITLE I—NATIONAL SCIENCE
FOUNDATION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘National Science
Foundation Authorization Act of 1996’’.
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
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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 1997.—There are authorized to be
appropriated to the Foundation $3,291,700,000 for fiscal
year 1997, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,381,500,000.
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(2) Education and Human Resources Activities,
$600,000,000.
(3) Major Research Equipment, $80,000,000.
(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.
(c) LIMITATION.—Consistent with the amendment
made by section 130(a) of this Act, funds appropriated
under subsection (b) of this section shall be available to
not more than 6 directorates. No funds appropriated
under subsection (b) may be obligated or expended by, for,
or through a directorate if funds appropriated under sub-
section (b) have been obligated or expended for 6 other
directorates.
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 available for each scientific direc-
torate under that paragraph shall be reduced by the same
proportion.
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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 sub-
categories 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.
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Subtitle B—General Provisions
SEC. 121. ANNUAL REPORT.
Section 3(f) of the National Science Foundation Act
of 1950 (42 U.S.C. 1862(f)) is amended to read as fol-
lows:
‘‘(f) The Foundation shall provide an annual report
to the President which shall be submitted by the Director
to the Congress at the time of the President’s annual
budget submission. The report shall—
‘‘(1) contain a strategic plan, or an update to
a previous strategic plan, which—
‘‘(A) defines for a three-year period the
overall goals for the Foundation and specific
goals for each major activity of the Foundation,
including each scientific directorate, the edu-
cation directorate, and the polar programs of-
fice; and
‘‘(B) describe how the identified goals re-
late to national needs and will exploit new op-
portunities in science and technology;
‘‘(2) identify the criteria and describe the proce-
dures which the Foundation will use to assess
progress toward achieving the goals identified in ac-
cordance with paragraph (1);
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‘‘(3) review the activities of the Foundation
during the preceding year which have contributed to-
ward achievement of goals identified in accordance
with paragraph (1) and summarize planned activities
for the coming three years in the context of the
identified goals, with particular emphasis on the
Foundation’s planned contributions to major multi-
agency research and education initiatives;
‘‘(4) contain such recommendations as the
Foundation considers appropriate; and
‘‘(5) include information on the acquisition and
disposition by the Foundation of any patents and
patent rights.’’.
SEC. 122. NATIONAL RESEARCH FACILITIES.
(a) FACILITIES PLAN.—The Director shall provide to
Congress annually, as a part of the report required under
section 3(f) of the National Science Foundation Act of
1950, a plan for the proposed construction of, and repair
and upgrades to, national research facilities. The plan
shall include estimates of the cost for such construction,
repairs, and upgrades, and estimates of the cost for the
operation and maintenance of existing and proposed new
facilities. For proposed new construction and for major
upgrades to existing facilities, the plan shall include fund-
ing profiles by fiscal year and milestones for major phases
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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, 1995.
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.’’.
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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) in section 4(g) (42 U.S.C. 1863(g)), by
striking ‘‘the appropriate rate provided for individ-
uals in grade GS–18 of the General Schedule under
section 5332’’ and inserting in lieu thereof ‘‘the
maximum rate payable under section 5376’’;
(2) 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);
(3) 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.’’;
(4) in section 14(c) (42 U.S.C. 1873(c))—
(A) by striking ‘‘shall receive’’ and insert-
ing in lieu thereof ‘‘shall be entitled to receive’’;
(B) by inserting ‘‘, including traveltime,’’
after ‘‘business of the Foundation’’; and
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(C) by striking ‘‘the rate specified for the
daily rate for grade GS–18 of the General
Schedule under section 5332’’ and inserting in
lieu thereof ‘‘the maximum rate payable under
section 5376’’; 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-
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neering Education’’ and inserting in lieu thereof ‘‘Edu-
cation and Human Resources’’.
(d) SCIENCE AND ENGINEERING EQUAL OPPORTUNI-
TIES ACT AMENDMENTS.—(1) Section 34 of the Science
and Engineering Equal Opportunities Act (42 U.S.C.
1885b) is amended—
(A) by inserting ‘‘AND PERSONS WITH DISABIL-
ITIES’’ after ‘‘MINORITIES IN SCIENCE’’ in the sec-
tion heading; and
(B) by adding at the end the following new sub-
section:
‘‘(c) The Foundation is authorized to undertake and
support programs and activities to encourage the partici-
pation of persons with disabilities in the science and engi-
neering professions.’’.
(2) Section 36 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885c) is amended—
(A) in subsection (a), by inserting ‘‘persons
with disabilities,’’ after ‘‘minorities,’’;
(B) in subsection (b), by amending the second
sentence to read as follows: ‘‘In addition, the Chair-
man of the National Science Board may designate
members of the Board as ex officio members of the
Committee.’’;
(C) by striking subsections (c) and (d);
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(D) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) The Committee shall be responsible for reviewing
and evaluating all Foundation matters relating to partici-
pation in, opportunities for, and advancement in edu-
cation, training, and research in science and engineering
of women, minorities, persons with disabilities, and other
groups currently underrepresented in scientific, engineer-
ing, and professional fields.’’;
(E) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively; and
(F) in subsection (d), as so redesignated by
subparagraph (E) of this paragraph, by striking
‘‘additional’’.
(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
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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, in-
cluding an evaluation of the relative benefits and
burdens of each option on institutions of higher edu-
cation. Such report shall be transmitted to the Con-
gress no later than December 31, 1996.
SEC. 126. 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. 127. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE
DUTY.
In order to be eligible to receive funds from the Foun-
dation after September 30, 1996, 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 Unit-
ed States, is called or ordered to active duty, other than