I
104TH CONGRESS
2D SESSION
H. R. 3322
To authorize appropriations for fiscal year 1997 for civilian science activities
of the Federal Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 25, 1996
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 Committee
on Resources, Transportation and Infrastructure, and National Security,
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 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,
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.
Sec. 131. National Science and Engineering 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
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.
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.
Subtitle C—Program Support
Sec. 431. Program support.
Subtitle D—Streamlining of Operations
Sec. 441. Programs.
Sec. 442. Limitations on appropriations.
Sec. 443. Termination of the Corps of Commissioned Officers.
Subtitle E—Miscellaneous
Sec. 451. Weather data buoys.
Sec. 452. Duties of the National Weather Service.
Sec. 453. National Oceanographic Partnership Program.
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.
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. Findings.
Sec. 703. Definitions.
Sec. 704. Management principles.
Sec. 705. Document of April 1, 1996.
Sec. 706. Authorization of appropriations.
Sec. 707. Research priorities.
Sec. 708. Budget designation for Federal Aviation Administration research and
development activities.
Sec. 709. Research Advisory Committees.
Sec. 710. 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.
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
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 $3,250,500,000 for fiscal
year 1997, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,340,300,000.
(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)(1) of this section shall be available
to not more than 6 scientific directorates. No funds appro-
priated under subsection (b)(1) may be obligated or ex-
pended by, for, or through a scientific directorate if funds
appropriated under subsection (b)(1) have been obligated
or expended for 6 other scientific 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.
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.
Subtitle B—General Provisions
SEC. 121. ANNUAL REPORT.
Section 3(f) of the National Science Foundation Act
of 1950 (42 U.S.C. 1862(f)) is amended to read as fol-
lows:
‘‘(f) The Foundation shall provide an annual report
to the President which shall be submitted by the Director
to the Congress at the time of the President’s annual
budget submission. The report shall—
‘‘(1) contain a strategic plan, or an update to
a previous strategic plan, which—
‘‘(A) defines for a three-year period the
overall goals for the Foundation and specific
goals for each major activity of the Foundation,
including each scientific directorate, the edu-
cation directorate, and the polar programs of-
fice; and
‘‘(B) describe how the identified goals re-
late to national needs and will exploit new op-
portunities in science and technology;
‘‘(2) identify the criteria and describe the proce-
dures which the Foundation will use to assess
progress toward achieving the goals identified in ac-
cordance with paragraph (1);
‘‘(3) review the activities of the Foundation
during the preceding year which have contributed to-
ward achievement of goals identified in accordance
with paragraph (1) and summarize planned activities
for the coming three years in the context of the
identified goals, with particular emphasis on the
Foundation’s planned contributions to major multi-
agency research and education initiatives;
‘‘(4) contain such recommendations as the
Foundation considers appropriate; and
‘‘(5) include information on the acquisition and
disposition by the Foundation of any patents and
patent rights.’’.
SEC. 122. NATIONAL RESEARCH FACILITIES.
(a) FACILITIES PLAN.—The Director shall provide to
Congress annually, as a part of the report required under
section 3(f) of the National Science Foundation Act of
1950, a plan for the proposed construction of, and repair
and upgrades to, national research facilities. The plan
shall include estimates of the cost for such construction,
repairs, and upgrades, and estimates of the cost for the
operation and maintenance of existing and proposed new
facilities. For proposed new construction and for major
upgrades to existing facilities, the plan shall include fund-
ing profiles by fiscal year and milestones for major phases
of the construction. The plan shall include cost estimates
in the categories of construction, repair, and upgrades for
the year in which the plan is submitted to Congress and
for not fewer than the succeeding 4 years.
(b) LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.—No funds appropriated for any project
which involves construction of new national research facili-
ties or construction necessary for upgrading the capabili-
ties of existing national research facilities shall be obli-
gated unless the funds are specifically authorized for such
purpose by this title or any other Act which is not an ap-
propriations Act, or unless the total estimated cost to the
Foundation of the construction project is less than
$50,000,000. This subsection shall not apply to construc-
tion projects approved by the National Science Board
prior to June 30, 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.’’.
SEC. 124. ADMINISTRATIVE AMENDMENTS.
(a) NATIONAL SCIENCE FOUNDATION ACT OF 1950
AMENDMENTS.—The National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.) is amended—
(1) by redesignating the subsection (k) of sec-
tion 4 (42 U.S.C. 1863(k)) that was added by sec-
tion 108 of the National Science Foundation Au-
thorization Act of 1988 as subsection (l);
(2) in section 5(e) (42 U.S.C. 1864(e)) by
amending paragraph (2) to read as follows:
‘‘(2) Any delegation of authority or imposition of con-
ditions under paragraph (1) shall be promptly published
in the Federal Register and reported to the Committees
on Labor and Human Resources and Commerce, Science,
and Transportation of the Senate and the Committee on
Science of the House of Representatives.’’;
(3) by inserting ‘‘be entitled to’’ between
‘‘shall’’ and ‘‘receive’’, and by inserting ‘‘, including
traveltime,’’ after ‘‘Foundation’’ in section 14(c) (42
U.S.C. 1873(c));
(4) by striking section 14(j) (42 U.S.C.
1873(j)); and
(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-
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, 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
active duty for training, the institution shall grant the
member a military leave of absence from their education.
Persons on military leave of absence from their institution
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 aca-
demic credits earned, scholarships or grants awarded, or
tuition and other fees paid prior to the commencement of
the military duty. It shall be the duty of the institution
to refund tuition or fees paid or to credit the tuition and
fees to the next semester or term after the termination
of the educational military leave of absence at the option
of the student.
SEC. 128. SCIENCE STUDIES INSTITUTE.
(a) AMENDMENT.—Section 822 of the National De-
fense Authorization Act for Fiscal 1991 (42 U.S.C. 6686)
is amended—
(1) by striking ‘‘Critical Technologies Institute’’
in the section heading and in subsection (a), and in-
serting in lieu thereof ‘‘Science Studies Institute’’;
(2) in subsection (b) by striking ‘‘As deter-
mined by the chairman of the committee referred to
in subsection (c), the’’ and inserting in lieu thereof
‘‘The’’;
(3) by striking subsection (c), and redesignating
subsections (d), (e), (f), and (g) as subsections (c),
(d), (e), and (f), respectively;
(4) in subsection (c), as so redesignated by
paragraph (3) of this subsection—
(A) by inserting ‘‘science and’’ after ‘‘de-
velopments and trends in’’ in paragraph (1);
(B) by striking ‘‘with particular emphasis’’
in paragraph (1) and all that follows through
the end of such paragraph and inserting in lieu
thereof ‘‘and developing and maintaining rel-
evant informational and analytical tools.’’;
(C) by striking ‘‘to determine’’ and all that
follows through ‘‘technology policies’’ in para-
graph (2) and inserting in lieu thereof ‘‘with
particular attention to the scope and content of
the Federal science and technology research
and develop portfolio as it affects interagency
and national issues’’;
(D) by amending paragraph (3) to read as
follows:
‘‘(3) Initiation of studies and analysis of alter-
natives available for ensuring the long-term strength
of the United States in the development and applica-
tion of science and technology, including appropriate
roles for the Federal Government, State govern-
ments, private industry, and institutions of higher
education in the development and application of
science and technology.’’;
(E) by inserting ‘‘science and’’ after ‘‘Ex-
ecutive branch on’’ in paragraph (4)(A); and
(F) by amending paragraph (4)(B) to read
as follows:
‘‘(B) to the interagency committees and
panels of the Federal Government concerned
with science and technology.’’;
(5) in subsection (d), as so redesignated by
paragraph (3) of this subsection, by striking ‘‘sub-
section (d)’’ and inserting in lieu thereof ‘‘subsection
(c)’’; and
(6) by amending subsection (f), as so redesig-
nated by paragraph (3) of this subsection, to read
as follows:
‘‘(f) SPONSORSHIP.—The Director of the Office of
Science and Technology Policy shall be the sponsor of the
Institute.’’.
(b) CONFORMING USAGE.—All references in Federal
law or regulations to the Critical Technologies Institute
shall be considered to be references to the Science Studies
Institute.
SEC. 129. EDUCATIONAL IMPACT.
(a) FINDINGS.—The Congress finds that—
(1) Federal research funds made available to
institutions of higher education often create incen-
tives for such institutions to emphasize research over
undergraduate teaching and to narrow the focus of
their graduate programs; and
(2) National Science Foundation funds for Re-
search and Related Activities should be spent in the
manner most likely to improve the quality of under-
graduate and graduate education in institutions of
higher education.
(b) EDUCATIONAL IMPACT.—(1) The impact that a
grant or cooperative agreement by the National Science
Foundation would have on undergraduate and graduate
education at an institution of higher education shall be
a factor in any decision whether to award such grant or
agreement to that institution.
(2) Paragraph (1) shall be effective with respect to
any grant or cooperative agreement awarded after Sep-
tember 30, 1997.
(c) REPORT.—The Director shall provide a plan for
the implementation of subsection (b) of this section, no
later than December 31, 1996, 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. 130. 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, 1996, the Director
shall transmit to the Congress a report on the reorganiza-
tion of the National Science Foundation required as a re-
sult of the amendment made by subsection (a).
SEC. 131. NATIONAL SCIENCE AND ENGINEERING FOUNDA-
TION.
The National Science Foundation and the National
Science Board are hereby renamed as the National Science
and Engineering Foundation and the National Science
and Engineering Board, respectively, and all references
thereto in Federal law or regulation shall be deemed to
refer to the National Science and Engineering Foundation
or the National Science and Engineering Board, as appro-
priate.
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
1997’’.
SEC. 202. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Ad-
ministration should aggressively pursue actions and
reforms directed at reducing institutional costs, in-
cluding management restructuring, facility consoli-
dation, 
procurement 
reform, 
personnel 
base
downsizing, and convergence with other defense and
commercial sector systems.
(2) While institutional reforms, restructurings,
and downsizing hold the slim promise of reconciling
the disparity between projected needs of the Na-
tional Aeronautics and Space Administration with
funding levels requested by the Administration over
the next 4 years, such reforms provide no guarantee
against cancellation of missions or elimination of
centers in the event reform efforts fail to achieve
cost reduction targets.
(3) 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.
(4) Commercial space activity is in a delicate
state of growth. It has the potential to eclipse Fed-
eral space activity in its economic return to the Na-
tion, if it is not stifled.
(5) The United States is on the verge of creat-
ing and using new technologies in microsatellites, in-
formation processing, and space launches that could
radically alter the manner in which the Government
approaches its space mission.
(6) The overwhelming preponderance of the
Federal Government’s requirements for routine, non-
emergency manned and unmanned space transpor-
tation can be met most effectively, efficiently, and
economically by a free and competitive market in
privately developed and operated launch services.
(7) In formulating a national space transpor-
tation service policy, the National Aeronautics and
Space Administration should aggressively promote
the pursuit by the commercial sector of development
of advanced space transportation technologies in-
cluding reusable space vehicles, single-stage-to-orbit
vehicles, and human space systems.
(8) The Federal Government should invest in
the types of research and innovative technology in
which the United States private sector does not in-
vest, while avoiding competition with the activities in
which the United States private sector does invest.
(9) International cooperation in space explo-
ration and science activities serves the United States
national interest—
(A) when it—
(i) reduces the cost of undertaking
missions the United States Government
would pursue unilaterally;
(ii) enables the United States to pur-
sue missions that it could not otherwise af-
ford to pursue unilaterally; or
(iii) enhances United States capabili-
ties to use and develop space for the bene-
fit of United States citizens; and
(B) when it does not—
(i) otherwise harm or interfere with
the ability of United States private sector
firms to develop or explore space commer-
cially;
(ii) interfere with the ability of Fed-
eral agencies to use space to complete their
missions;
(iii) undermine the ability of United
States private enterprise to compete favor-
ably with foreign entities in the commercial
space arena; or
(iv) transfer sensitive or commercially
advantageous technologies or knowledge
from the United States to other countries
or foreign entities except as required by
those countries or entities to make their
contribution to a multilateral space project
in partnership with the United States, or
on a quid pro quo basis.
(10) The National Aeronautics and Space Ad-
ministration and the Department of Defense can co-
operate more effectively in leveraging their mutual
capabilities to conduct joint space missions that im-
prove United States space capabilities and reduce
the cost of conducting space missions.
(11) The Reusable Launch Vehicle program,
and the acquisition by the Federal Government of
the vehicle resulting from that program, are nec-
essary for the protection of essential security inter-
ests for purposes of interpreting the obligations of
the United States under the General Agreement on
Tariffs and Trade.
SEC. 203. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Aeronautics and Space
Administration;
(2) the term ‘‘cost threat’’ means a potential
change to the program baseline documented as a po-
tential cost by the Space Station Program Office;
and
(3) 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.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1997 for Human Space Flight the following amounts:
(1) For the Space Station, $1,840,200,000.
(2) 
For 
Space 
Shuttle 
Operations,
$2,514,900,000.
(3) For Space Shuttle Safety and Performance
Upgrades, $636,000,000, including for Construction
of Facilities relating to such programs—
(A) replacement of LC–39 Pad B Chillers
(KSC), $1,800,000;
(B) restoration of Pad B Fixed Support
Structure Elevator System (KSC), $1,500,000;
(C) rehabilitation of 480V Electrical Dis-
tribution System, Kennedy Space Center, Ex-
ternal Tank Manufacturing Building (MAF),
$2,500,000; and
(D) restoration of High Pressure Indus-
trial Water Plant, Stennis Space Center,
$2,500,000.
(4) For Payload and Utilization Operations,
$271,800,000.
(5) For Russian Cooperation, $100,000,000.
SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1997 for Science, Aeronautics, and Technology the
following amounts:
(1) For Space Science, $2,167,400,000.
(2) For Life and Microgravity Sciences and Ap-
plications, 
$498,500,000, 
of 
which 
at 
least
$2,000,000 is reserved for research and early detec-
tion systems for breast and ovarian cancer and other
women’s health issues.
(3) 
For 
Mission 
to 
Planet 
Earth,
$1,028,400,000, of which $50,000,000 shall be for
commercial data purchases under section 259(a).
Funds authorized by this paragraph may not be ob-
ligated to duplicate private sector or other Federal
activities or to procure systems to provide data un-
less the Administrator certifies to Congress that no
private sector entity, or Federal entity other than
the National Aeronautics and Space Administration,
can provide suitable data in a timely manner.
(4) 
For 
Space 
Access 
and 
Technology,
$711,000,000 of which—
(A) $324,700,000 are authorized for Ad-
vanced Space Transportation; and
(B) $10,000,000 shall be for continuing
the Launch Voucher Demonstration Program
authorized under section 504 of the National
Aeronautics and Space Administration Author-
ization Act, Fiscal Year 1993 (15 U.S.C.
5803).
(5) For Aeronautical Research and Technology,
$823,400,000, of which—
(A) $354,400,000 are authorized for Re-
search and Technology Base activities;
(B) $254,300,000 are authorized for High
Speed Research;
(C) $152,800,000 are authorized for Ad-
vanced Subsonic Technology;
(D) $23,300,000 are authorized for High-
Performance Computing and Communications;
and
(E) $38,600,000 are authorized for Nu-
merical Aerodynamic Simulation.
(6) For Mission Communication Services,
$410,600,000.
(7) For Academic Programs, $95,500,000.
SEC. 213. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1997 for Mission Support the following amounts:
(1) For Safety, Reliability, and Quality Assur-
ance, $36,700,000.
(2) 
For 
Space 
Communication 
Services,
$281,250,000.
(3) For Construction of Facilities, including
land acquisition, $105,000,000, including the follow-
ing:
(A) Modernization of Electrical Distribu-
tion 
System, 
Ames 
Research 
Center,
$2,400,000.
(B) Modification of Aircraft Ramp and
Tow Way, Dryden Flight Research Center,
$3,000,000.
(C) Restoration of Hangar Building 4801,
Dryden Flight Research Center, $4,500,000.
(D) Modernization of Secondary Electrical
Systems, 
Goddard 
Space 
Flight 
Center,
$1,500,000.
(E) Restoration of Chilled Water Distribu-
tion System, Goddard Space Flight Center,
$4,000,000.
(F) Modification of Refrigeration Systems,
Various Buildings, Jet Propulsion Laboratory,
$2,800,000.
(G) Rehabilitation of Utility Tunnel Struc-
ture and Systems, Johnson Space Center,
$4,400,000.
(H) Replacement of DX Units with
Central Chilled Water System, Logistics Facil-
ity, Kennedy Space Center, $1,800,000.
(I) Rehabilitation of Central Air Equip-
ment 
Building, 
Lewis 
Research 
Center,
$6,500,000.
(J) Modification of Chilled Water System,
Marshall Space Flight Center, $6,700,000.
(K) Rehabilitation of Condenser Water
System, 202/207 Complex (MAF), $2,100,000.
(L) Rehabilitation of Electrical Distribu-
tion System, White Sands Test Facility,
$2,600,000.
(M) Minor Revitalization of Facilities at
Various Locations, not in excess of $1,500,000
per project, $19,600,000.
(N) Minor construction of new facilities
and additions to existing facilities at various lo-
cations, not in excess of $1,500,000 per project,
$3,400,000.
(O) Facility planning and design, not oth-
erwise provided for, $6,700,000.
(P) Environmental compliance and restora-
tion, $33,000,000.
(4) For Research and Program Management,
including personnel and related costs, travel, and re-
search operations support, $1,957,850,000.
SEC. 214. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General, $17,000,000 for fiscal year 1997.
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 $13,495,500,000 for fiscal year
1997.
SEC. 216. OFFICE OF COMMERCIAL SPACE TRANSPOR-
TATION AUTHORIZATION.
There are authorized to be appropriated to the Sec-
retary of Transportation for the activities of the Office
of Commercial Space Transportation, $5,770,000 for fis-
cal year 1997.
SEC. 217. OFFICE OF SPACE COMMERCE.
There are authorized to be appropriated to the Sec-
retary of Commerce for the activities of the Office of
Space Commerce established by section 253 of this Act,
$500,000 for fiscal year 1997.
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; and
(3) a formal economic review of its missions
and the Federal assets that support them is required
in order to plan and implement needed restructuring
of the National Aeronautics and Space Administra-
tion.
SEC. 222. RESTRUCTURING REPORTS.
(a) IMPLEMENTATION REPORT.—The Administrator
shall transmit to Congress, no later than July 31, 1996,
a report on its restructuring activities by fiscal year con-
taining, at a minimum, a description of all actions taken
or planned to be taken after July 31, 1995, and before
October 1, 2002, including contracts terminated or con-
solidated; reductions in force; relocations of personnel and
facilities; sales, closures, or mothballing of capital assets
or facilities; and net savings to be realized from such ac-
tions by fiscal year.
(b) PROPOSED LEGISLATION.—The President shall
propose to Congress, not later than September 30, 1996,
all enabling legislation required to carry out actions de-
scribed by the Administrator’s report under subsection
(a).
CHAPTER 3—LIMITATIONS AND SPECIAL
AUTHORITY
SEC. 231. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated under
sections 211(1) through (5), 212, and 213(1) and (2), and
funds appropriated for research operations support under
section 213(4), may be used for the construction of new
facilities and additions to, repair of, rehabilitation of, or
modification of existing facilities at any location in support
of the purposes for which such funds are authorized.
(b) LIMITATION.—None of the funds pursuant to
subsection (a) may be expended for a project, the esti-
mated cost of which to the National Aeronautics and
Space Administration, including collateral equipment, ex-
ceeds $500,000, until 30 days have passed after the Ad-
ministrator has notified the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate of the
nature, location, and estimated cost to the National Aero-
nautics and Space Administration of such project.
(c) TITLE TO FACILITIES.—If funds are used pursu-
ant to subsection (a) for grants to institutions of higher
education, or to nonprofit organizations whose primary
purpose is the conduct of scientific research, for purchase
or construction of additional research facilities, title to
such facilities shall be vested in the United States unless
the Administrator determines that the national program
of aeronautical and space activities will best be served by
vesting title in the grantee institution or organization.
Each such grant shall be made under such conditions as
the Administrator shall determine to be required to ensure
that the United States will receive therefrom benefits ade-
quate to justify the making of that grant.
SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under chapter 1 may remain available
without fiscal year limitation.
SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized under
any paragraph of section 211(6) or 213(3)—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(2) may be varied upward by 25 percent, to
meet unusual cost variations, after the expiration of
15 days following a report on the circumstances of
such action by the Administrator to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate.
The aggregate amount authorized to be appropriated
under sections 211(6) and 213(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 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(6) 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 transmitted 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 under this
subtitle; and
(3) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program which has not been presented to
the Congress in the President’s annual budget re-
quest or the supporting and ancillary documents
thereto,
unless a period of 30 days has passed after the receipt
by the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate of notice given by the Ad-
ministrator containing a full and complete statement of
the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed ac-
tion. The National Aeronautics and Space Administration
shall keep the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate fully and currently in-
formed with respect to all activities and responsibilities
within the jurisdiction of those committees. Except as oth-
erwise provided by law, any Federal department, agency,
or independent establishment shall furnish any informa-
tion requested by either committee relating to any such
activity or responsibility.
SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) REPORTS TO CONGRESS.—Not later than 30 days
after the later of the date of enactment of an Act making
appropriations to the National Aeronautics and Space Ad-
ministration for fiscal year 1997 and the date of enact-
ment of this Act, the Administrator shall submit a report
to Congress and to the Comptroller General which speci-
fies—
(1) the portion of such appropriations which are
for programs, projects, or activities not authorized
under chapter 1 of this subtitle, or which are in ex-
cess of amounts authorized for the relevant program,
project, or activity under this title; and
(2) the portion of such appropriations which are
authorized under this title.
(b) FEDERAL REGISTER NOTICE.—The Adminis-
trator shall, coincident with the submission of the report
required by subsection (a), publish in the Federal Register
a notice of all programs, projects, or activities for which
funds are appropriated but which were not authorized
under this title, and solicit public comment thereon re-
garding the impact of such programs, projects, or activi-
ties on the conduct and effectiveness of the national aero-
nautics and space program.
(c) LIMITATION.—Notwithstanding any other provi-
sion of law, no funds may be obligated for any programs,
projects, or activities of the National Aeronautics and
Space Administration for fiscal year 1997 not authorized
under this title until 30 days have passed after the close
of the public comment period contained in the notice re-
quired in subsection (b).
SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 212 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
Subtitle C—International Space
Station
SEC. 241. FINDINGS.
The Congress finds that—
(1) the development, assembly, and operation of
the International Space Station is in the national in-
terest of the United States;
(2) the National Aeronautics and Space Admin-
istration has restructured and redesigned the Inter-
national Space Station, consolidated contract re-
sponsibility, and achieved program management,
control, and stability;
(3) the significant involvement by private ven-
tures in marketing and using, competitively servic-
ing, and commercially augmenting the operational
capabilities of the International Space Station dur-
ing its assembly and operational phases will lower
costs and increase benefits to the international part-
ners;
(4) further rescoping or redesigns of the Inter-
national Space Station will lead to costly delays, in-
crease costs to its international partners, discourage
commercial involvement, and weaken the inter-
national space partnership necessary for future
space projects;
(5) total program costs for development, assem-
bly, and initial operations have been identified and
capped to ensure financial discipline and maintain
program schedule milestones;
(6) in order to contain costs, mission planning
and engineering functions of the National Space
Transportation System (Space Shuttle) program
should be coordinated with the Space Station Pro-
gram Office;
(7) the International Space Station represents
an important component of an adequately funded
SEC. 259. ACQUISITION OF EARTH REMOTE SENSING DATA.
(a) ACQUISITION.—To the maximum extent possible,
the Administrator shall, where cost effective, acquire
space-based and airborne Earth remote sensing data, serv-
ices, distribution, and applications provided by the United
States private sector to meet Government goals for Mis-
sion to Planet Earth.
(b) STUDY.—(1) The Administrator shall conduct a
study to determine the extent to which the baseline sci-
entific requirements of Mission to Planet Earth can be
met by the private sector, and how the National Aero-
nautics and Space Administration will meet such require-
ments which cannot be met by the private sector.
(2) The study conducted under this subsection
shall—
(A) make recommendations to promote the
availability of information from the National Aero-
nautics and Space Administration to the private sec-
tor to enable the private sector to better meet the
baseline scientific requirements of Mission to Planet
Earth;
(B) determine and prioritize the appropriate
baseline scientific requirements for Mission to Planet
Earth, and reevaluate, scientifically justify, and
prioritize the data sets necessary to fulfill those
baseline scientific requirements;