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
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—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.
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 $3,291,700,000 for fiscal
year 1997, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,381,500,000.
(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.
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) 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
(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-
(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
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 development portfolio as it affects inter-
agency 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).
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, $2,107,400,000.
(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,
$405,600,000.
(7) For Academic Programs, $92,500,000.
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,
$276,250,000.
(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, $2,030,800,000, of which
$1,611,000,000 shall be for personnel and related
costs, 
$31,500,000 
shall 
be 
for 
travel, 
and
$388,300,000 shall be for research operations sup-
port.
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-
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
civil space program which balances human space
flight with science, aeronautics, and technology;
(8) the International Space Station should be
an inspiration to society, particularly our young peo-
ple, and should provide new and expanded opportu-
nities to meet important educational goals; and
(9) when completed, the International Space
Station will be the largest, most capable micro-
gravity research facility ever developed. It will pro-
vide a lasting framework for conducting large-scale
science programs with international partners and it
is the next step in the human exploration of space.
The United States should commit to completing this
program, thereby reaping the benefits of scientific
research and international cooperation.
SEC. 242. COMMERCIALIZATION OF SPACE STATION.
(a) POLICY.—The Congress declares that a priority
goal of constructing the International Space Station is the
economic development of Earth orbital space. The Con-
gress further declares that the use of free market prin-
ciples in operating, allocating the use of, and adding capa-
bilities to the Space Station, and the resulting fullest pos-
sible engagement of commercial providers and participa-
tion of commercial users, will reduce Space Station oper-
ational costs for all partners and the Federal Govern-
ment’s share of the United States burden to fund oper-
ations.
(b) REPORT.—The Administrator shall deliver to the
Congress, within 60 days after the date of the enactment
of this Act, a market study that examines the role of com-
mercial ventures which could supply, use, service, or aug-
ment the International Space Station, the specific policies
and initiatives the Administrator is advancing to encour-
age these commercial opportunities, the cost savings to be
realized by the international partnership from applying
commercial approaches to cost-shared operations, and the
cost reimbursements to the United States Federal Govern-
ment from commercial users of the Space Station.
SEC. 243. SENSE OF CONGRESS.
It is the sense of Congress that the ‘‘cost incentive
fee’’ single prime contract negotiated by the National Aer-
onautics and Space Administration for the International
Space Station, and the consolidation of programmatic and
financial accountability into a single Space Station Pro-
gram Office, are two examples of reforms for the reinven-
tion of all National Aeronautics and Space Administration
programs that should be applied as widely and as quickly
as possible throughout the Nation’s civil space program.
SEC. 244. SPACE STATION ACCOUNTING REPORT.
(a) ANNUAL REPORT TO THE CONGRESS.—The Ad-
ministrator shall transmit a report to the Congress each
year containing a complete accounting of all costs of the
space station, including cash and other payments to Rus-
sia.
(b) QUARTERLY REPORTS FROM RUSSIA.—The Ad-
ministrator shall obtain quarterly reports from the Rus-
sian Space Agency during the term of the contract be-
tween the Russian Space Agency and the National Aero-
nautics and Space Administration which fully account for
the disposition of funds paid or transferred by the Na-
tional Aeronautics and Space Administration to Russia,
including—
(1) the amount of funds received from the Na-
tional Aeronautics and Space Administration and
the date of their receipt;
(2) the amount of funds converted from United
States currency by the Russian Space Agency, the
currency into which the funds have been converted,
and the dates and exchange rates of each such con-
version;
(3) the amount of non-United States currency,
and of United States currency, disbursed by the
Russian Space Agency to any contractor or sub-
contractor, the identity of such contractor or sub-
contractor, and the date on which the funds were
disbursed; and
(4) the balance of the funds provided by the
National Aeronautics and Space Administration
which have not been disbursed by the Russian Space
Agency as of the date of the report.
Subtitle D—Miscellaneous
Provisions
SEC. 251. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites
and reentry sites, and reentries.’’;
and
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
(2) in section 70101—
(A) by inserting ‘‘microgravity research,’’
after ‘‘information services,’’ in subsection
(a)(3);
(B) by inserting ‘‘, reentry,’’ after ‘‘launch-
ing’’ both places it appears in subsection (a)(4);
(C) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (a)(5);
(D) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(6);
(E) by inserting ‘‘, reentries,’’ after
‘‘launches’’ both places it appears in subsection
(a)(7);
(F) by inserting ‘‘, reentry sites,’’ after
‘‘launch sites’’ in subsection (a)(8);
(G) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(8);
(H) by inserting ‘‘reentry sites,’’ after
‘‘launch sites,’’ in subsection (a)(9);
(I) by inserting ‘‘and reentry site’’ after
‘‘launch site’’ in subsection (a)(9);
(J) by inserting ‘‘reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (b)(2);
(K) by striking ‘‘launch’’ in subsection
(b)(2)(A);
(L) by inserting ‘‘and reentry’’ after ‘‘com-
mercial launch’’ in subsection (b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ in subsection (b)(4);
(3) in section 70102—
(A) by striking ‘‘and any payload’’ and in-
serting in lieu thereof ‘‘or reentry vehicle and
any payload from Earth’’ in paragraph (3);
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘means of a launch vehicle’’ in paragraph (8);
(C) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(D) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return or
attempt to return, purposefully, a reentry vehicle
and its payload, if any, from Earth orbit or from
outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to return from
outer space substantially intact.’’; and
(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(C) of this paragraph;
(4) in section 70103(b)—
(A) by inserting ‘‘AND REENTRIES’’ after
‘‘LAUNCHES’’ in the subsection heading;
(B) by inserting ‘‘and reentries’’ after
‘‘space launches’’ in paragraph (1); and
(C) by inserting ‘‘and reentry’’ after
‘‘space launch’’ in paragraph (2);
(5) in section 70104—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70104. Restrictions on launches, operations, and
reentries’’;
(B) by inserting ‘‘or reentry site, or to re-
enter a reentry vehicle,’’ after ‘‘operate a
launch site’’ each place it appears in subsection
(a);
(C) by inserting ‘‘or reentry’’ after ‘‘launch
or operation’’ in subsection (a) (3) and (4);
(D) in subsection (b)—
(i) by striking ‘‘launch license’’ and
inserting in lieu thereof ‘‘license’’;
(ii) by inserting ‘‘or reenter’’ after
‘‘may launch’’; and
(iii) by inserting ‘‘or reentering’’ after
‘‘related to launching’’; and
(E) in subsection (c)—
(i) by amending the subsection head-
ing to read as follows: ‘‘PREVENTING
LAUNCHES AND REENTRIES.—’’;
(ii) by inserting ‘‘or reentry’’ after
‘‘prevent the launch’’; and
(iii) by inserting ‘‘or reentry’’ after
‘‘decides the launch’’;
(6) in section 70105—
(A) by inserting ‘‘or a reentry site, or the
reentry of a reentry vehicle,’’ after ‘‘operation
of a launch site’’ in subsection (b)(1); and
(B) by striking ‘‘or operation’’ and insert-
ing in lieu thereof ‘‘, operation, or reentry’’ in
subsection (b)(2)(A);
(7) in section 70106(a)—
(A) by inserting ‘‘or reentry site’’ after
‘‘observer at a launch site’’;
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’; and
(C) by inserting ‘‘or reentry vehicle’’ after
‘‘with a launch vehicle’’;
(8) in section 70108—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70108. 
Prohibition, 
suspension, 
and 
end 
of
launches, operation of launch sites and
reentry sites, and reentries’’;
and
(B) in subsection (a)—
(i) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘oper-
ation of a launch site’’; and
(ii) by inserting ‘‘or reentry’’ after
‘‘launch or operation’’;
(9) in section 70109—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70109. Preemption of scheduled launches or reen-
tries’’;
(B) in subsection (a)—
(i) by inserting ‘‘or reentry’’ after
‘‘ensure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date
commitment’’ after ‘‘launch date commit-
ment’’;
(iv) by inserting ‘‘or reentry’’ after
‘‘obtained for a launch’’;
(v) by inserting ‘‘, reentry site,’’ after
‘‘access to a launch site’’;
(vi) by inserting ‘‘, or services related
to a reentry,’’ after ‘‘amount for launch
services’’; and
(vii) by inserting ‘‘or reentry’’ after
‘‘the scheduled launch’’; and
(C) in subsection (c), by inserting ‘‘or re-
entry’’ after ‘‘prompt launching’’;
(10) in section 70110—
(A) by inserting ‘‘or reentry’’ after ‘‘pre-
vent the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (a)(3)(B);
(11) in section 70111—
(A) by inserting ‘‘or reentry’’ after
‘‘launch’’ in subsection (a)(1)(A);
(B) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(C) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(D) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(F) by striking ‘‘or its payload for launch’’
in subsection (d) and inserting in lieu thereof
‘‘or reentry vehicle, or the payload of either, for
launch or reentry’’; and
(G) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (d);
(12) in section 70112—
(A) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(B) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (a)(4);
(C) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(D) by inserting ‘‘applicable’’ after ‘‘car-
ried out under the’’ in paragraphs (1) and (2)
of subsection (b);
(E) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
(F) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(G) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e);
(13) in section 70113 (a)(1) and (d) (1) and
(2), by inserting ‘‘or reentry’’ after ‘‘one launch’’
each place it appears;
(14) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘launch vehicle’’ both places it appears; and
(15) in section 70117—
(A) by inserting ‘‘or reentry site, or to re-
enter a reentry vehicle’’ after ‘‘operate a launch
site’’ in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN
IMPORT.—A launch vehicle, reentry vehicle, or payload
that is launched or reentered is not, because of the launch
or reentry, an export or import, respectively, for purposes
of a law controlling exports or imports.’’; and
(D) in subsection (g)—
(i) by striking ‘‘operation of a launch
vehicle or launch site,’’ in paragraph (1)
and inserting in lieu thereof ‘‘reentry, op-
eration of a launch vehicle or reentry vehi-
cle, or operation of a launch site or reentry
site,’’; and
(ii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2).
(b) ADDITIONAL AMENDMENTS.—(1) Section 70105
of title 49, United States Code, is amended—
(A) by inserting ‘‘(1)’’ before ‘‘A person may
apply’’ in subsection (a);
(B) by striking ‘‘receiving an application’’ both
places it appears in subsection (a) and inserting in
lieu thereof ‘‘accepting an application in accordance
with criteria established pursuant to subsection
(b)(2)(D)’’;
(C) by adding at the end of subsection (a) the
following new paragraph:
‘‘(2) In carrying out paragraph (1), the Secretary
may establish procedures for certification of the safety of
a launch vehicle, reentry vehicle, or safety system, proce-
dure, service, or personnel that may be used in conducting
licensed commercial space launch or reentry activities.’’;
(D) by striking ‘‘and’’ at the end of subsection
(b)(2)(B);
(E) by striking the period at the end of sub-
section (b)(2)(C) and inserting in lieu thereof
‘‘; and’’;
(F) by adding at the end of subsection (b)(2)
the following new subparagraph:
‘‘(D) regulations establishing criteria for ac-
cepting or rejecting an application for a license
under this chapter within 60 days after receipt of
such application.’’; and
(G) by inserting ‘‘, or the requirement to obtain
a license,’’ after ‘‘waive a requirement’’ in subsection
(b)(3).
(2) The amendment made by paragraph (1)(B) shall
take effect upon the effective date of final regulations is-
sued pursuant to section 70105(b)(2)(D) of title 49, Unit-
ed States Code, as added by paragraph (1)(F) of this sub-
section.
(3) Section 70102(5) of title 49, United States Code,
is amended—
(A) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated by subparagraph (A) of this paragraph,
the following new subparagraph:
‘‘(A) activities directly related to the prep-
aration of a launch site or payload facility for
one or more launches;’’.
(4) Section 70103(b) of title 49, United States Code,
is amended—
(A) in the subsection heading, as amended by
subsection (a)(4)(A) of this section, by inserting
‘‘AND STATE SPONSORED SPACEPORTS’’ after ‘‘AND
REENTRIES’’; and
(B) in paragraph (1), by inserting ‘‘and State
sponsored spaceports’’ after ‘‘private sector’’.
(5) Section 70105(a)(1) of title 49, United States
Code, as amended by subsection (b)(1) of this section, is
amended by inserting at the end the following: ‘‘The Sec-
retary shall submit to the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a writ-
ten notice not later than 7 days after any occurrence when
a license is not issued within the deadline established by
this subsection.’’.
(6) Section 70111 of title 49, United States Code,
is amended—
‘‘§ 70120. Regulations
‘‘The Secretary of Transportation, within 6 months
after the date of the enactment of this section, shall issue
regulations to carry out this chapter that include—
‘‘(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third
parties;
‘‘(2) procedures for requesting and obtaining li-
censes to operate a commercial launch vehicle and
reentry vehicle;
‘‘(3) procedures for requesting and obtaining
operator licenses for launch and reentry; and
‘‘(4) procedures for the application of govern-
ment indemnification.’’.
(2) The table of sections for such chapter 701 is
amended by adding after the item relating to section
70119 the following new item:
‘‘70120. Regulations.’’.
(d) REPORT TO CONGRESS.—(1) Chapter 701 of title
49, United States Code, is further amended by adding at
the end the following new section:
‘‘§ 70121. Report to Congress
‘‘The Secretary of Transportation shall submit to
Congress an annual report to accompany the President’s
budget request that—
‘‘(1) describes all activities undertaken under
this chapter, including a description of the process
for the application for and approval of licenses under
this chapter and recommendations for legislation
that may further commercial launches and reentries;
and
‘‘(2) reviews the performance of the regulatory
activities and the effectiveness of the Office of Com-
mercial Space Transportation.’’.
(2) The table of sections for such chapter 701 is fur-
ther amended by adding after the item relating to section
70120, as added by subsection (c)(2) of this section, the
following new item:
‘‘70121. Report to Congress.’’.
SEC. 252. REQUIREMENT FOR INDEPENDENT COST ANALY-
SIS.
Before any funds may be obligated for Phase C of
a project that is projected to cost more than $75,000,000
in total project costs, the Chief Financial Officer for the
National Aeronautics and Space Administration shall con-
duct an independent cost analysis of such project and shall
report the results to Congress. In developing cost account-
ing and reporting standards for carrying out this section,
the Chief Financial Officer shall, to the extent practicable
and consistent with other laws, solicit the advice of exper-
tise outside of the National Aeronautics and Space Admin-
istration.
SEC. 253. OFFICE OF SPACE COMMERCE.
(a) ESTABLISHMENT.—There is established within
the Department of Commerce an Office of Space Com-
merce.
(b) FUNCTIONS.—The Office of Space Commerce
shall be the principal unit for the coordination of space-
related issues, programs, and initiatives within the De-
partment of Commerce. The Office’s primary responsibil-
ities shall include—
(1) promoting private sector investment in
space activities by collecting, analyzing, and dissemi-
nating information on space markets, and conduct-
ing workshops and seminars to increase awareness
of commercial space opportunities;
(2) assisting United States commercial provid-
ers in their efforts to do business with the United
States Government, and acting as an industry advo-
cate within the executive branch to ensure that the
Federal Government meets its space-related require-
ment, to the fullest extent feasible, with commer-
cially available space goods and services;
(3) ensuring that the United States Govern-
ment does not compete with the private sector in the
provision of space hardware and services otherwise
available from the private sector;
(4) promoting the export of space-related goods
and services;
(5) representing the Department of Commerce
in the development of United States policies and in
negotiations with foreign countries to ensure free
and fair trade internationally in the area of space
commerce;
(6) seeking the removal of legal, policy, and in-
stitutional impediments to space commerce; and
(7) licensing private sector parties to operate
private remote sensing space systems and supporting
the private sector’s role in the commercial develop-
ment of Landsat remote sensing data distribution.
SEC. 254. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Sec-
tion 102 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2451) is amended—
(1) by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g),
respectively; and
(2) in subsection (g), as so redesignated by
paragraph (1) of this subsection, by striking ‘‘(f),
and (g)’’ and inserting in lieu thereof ‘‘and (f)’’.
(b) REPORTS TO THE CONGRESS.—Section 206(a) of
the National Aeronautics and Space Act of 1958 (42
U.S.C. 2476(a)) is amended—
(1) by striking ‘‘January’’ and inserting in lieu
thereof ‘‘May’’; and
(2) by striking ‘‘calendar’’ and inserting in lieu
thereof ‘‘fiscal’’.
(c) DISCLOSURE OF TECHNICAL DATA.—Section 303
of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2454) is amended—
(1) in subsection (a)(C), by inserting ‘‘or (c)’’
after ‘‘subsection (b)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c)(1) The Administrator, at his discretion or at the
request of a private sector entity, shall delay for a period
of at least one day, but not to exceed 5 years, the unre-
stricted public disclosure of technical data in the posses-
sion of, or under the control of, the Administration that
has been generated in the performance of experimental,
developmental, or research activities or programs funded
jointly by the Administration and such private sector en-
tity.
‘‘(2) Within 1 year after the date of the enactment
of the National Aeronautics and Space Administration Au-
thorization Act, Fiscal Year 1997, the Administrator shall
issue regulations to carry out this subsection. Paragraph
(1) shall not take effect until such regulations are issued.
‘‘(3) Regulations issued pursuant to paragraph (2)
shall include—
‘‘(A) guidelines for a determination of whether
data is technical data within the meaning of this
subsection;
‘‘(B) provisions to ensure that technical data is
available for dissemination within the United States
to United States persons and entities in furtherance
of the objective of maintaining leadership or com-
petitiveness in civil and governmental aeronautical
and space activities by the United States industrial
base; and
‘‘(C) a specification of the period or periods for
which the delay in unrestricted public disclosure of
technical data is to apply to various categories of
such data, and the restrictions on disclosure of such
data during such period or periods, including a re-
quirement that the maximum 5-year protection
under this subsection shall not be provided unless at
least 50 percent of the funding for the activities or
programs is provided by the private sector.
‘‘(4) The Administrator shall annually report to the
Congress all determinations made under paragraph (1).
‘‘(5) For purposes of this subsection, the term ‘tech-
nical data’ means any recorded information, including
computer software, that is or may be directly applicable
to the design, engineering, development, production, man-
ufacture, or operation of products or processes that may
have significant value in maintaining leadership or com-
petitiveness in civil and governmental aeronautical and
space activities by the United States industrial base.’’.
SEC. 255. PROCUREMENT.
(a) PROCUREMENT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish within the Office of Space Access and Tech-
nology a program of expedited technology procure-
ment for the purpose of demonstrating how innova-
tive technology concepts can rapidly be brought to
bear upon space missions of the National Aero-
nautics and Space Administration.
(2) PROCEDURES AND EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from persons outside the National Aero-
nautics and Space Administration innovative tech-
nology concepts, relating to the provision of space
hardware, technology, or service to the National Aer-
onautics and Space Administration.
(3) REQUIREMENT.—At least 1 percent of
amounts authorized to be appropriated under section
212(4) shall be used for innovative technology pro-
curements that are determined under paragraph (2)
of this subsection to meet mission requirements.
(4) SPECIAL
AUTHORITY.—In order to carry
out this subsection the Administrator shall recruit
and hire for limited term appointments persons from
outside the National Aeronautics and Space Admin-
istration with special expertise and experience relat-
ed to the innovative technology concepts with respect
to which procurements are made under this sub-
section.
(5) SUNSET.—This subsection shall cease to be
effective 10 years after the date of its enactment.
(b) TECHNOLOGY PROCUREMENT INITIATIVE.—
(1) IN GENERAL.—The Administrator shall co-
ordinate National Aeronautics and Space Adminis-
tration resources in the areas of procurement, com-
mercial programs, and advanced technology in order
to—
(A) fairly assess and procure commercially
available technology from the marketplace in
the most efficient manner practicable;
(B) achieve a continuous pattern of inte-
grating advanced technology from the commer-
cial sector, and from Federal sources outside
the National Aeronautics and Space Adminis-
tration, into the missions and programs of the
National Aeronautics and Space Administra-
tion;
(C) incorporate private sector buying and
bidding procedures, including fixed price con-
tracts, into procurements; and
(D) provide incentives for cost-plus con-
tractors of the National Aeronautics and Space
Administration to integrate commercially avail-
able technology in subsystem contracts on a
fixed-price basis.
(2) CERTIFICATION.—Upon solicitation of any
procurement for space hardware, technology, or serv-
ices that are not commercially available, the Admin-
istrator shall certify, by publication of a notice and
opportunity to comment in the Commerce Business
Daily, for each such procurement action, that no
functional equivalent, commercially, available space
hardware, technology, or service exists and that no
commercial method of procurement is available.
SEC. 256. ADDITIONAL NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION FACILITIES.
The Administrator shall not construct or enter into
a new lease for facilities to support National Aeronautics
and Space Administration programs unless the Adminis-
trator notifies the Congress that the Administrator re-
viewed existing National Aeronautics and Space Adminis-
tration and other federally owned facilities, including mili-
tary facilities scheduled for closing or reduction, and found
no such facilities appropriate for the intended use.
SEC. 257. PURCHASE OF SPACE SCIENCE DATA.
(a) IN GENERAL.—To the maximum extent possible,
the National Aeronautics and Space Administration shall,
where cost effective, purchase space science data from the
United States private sector. Examples of such data in-
clude scientific data concerning the elemental and mineral-
ogical resources of the moon and the planets, Earth envi-
ronmental data obtained through remote sensing observa-
tions, and solar storm monitoring.
(b) COMPETITIVE BIDDING.—(1) Contracts for the
purchase of space data under this section shall be awarded
in a process of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the purposes
of supporting the bid or fulfilling the terms of the con-
tract, shall not be required of bidders or awardees of the
contract.
(3) Reasonable performance specifications, rather
than design or construction specifications, shall be used
to the maximum extent feasible to define requirements for
United States private sector providers with respect to the
design, construction, or operation of equipment used in ob-
taining space science data under contracts entered into
under this section. This subsection shall not be construed
to prohibit the Federal Government from requiring com-
pliance with applicable safety standards.
(4) Contracts under this section shall not provide for
the Federal Government to obtain ownership of data not
specifically sought by the Federal Government.
SEC. 258. PLAN FOR MISSION TO PLANET EARTH.
(a) REQUIREMENT.—The Administrator shall, within
6 months after the date of the enactment of this Act,
transmit to the Congress a report containing a plan for
Mission to Planet Earth.
(b) CONTENTS.—The report required by subsection
(a) shall include—
(1) an analysis of Earth observation systems of
other countries and the ways in which the United
States could benefit from such systems, including by
eliminating duplication of effort;
(2) an analysis of how the Department of De-
fense’s airborne and space sensor programs could be
used in Mission to Planet Earth;
(3) a plan for infusing advanced technology into
the Mission to Planet Earth program, including
milestones and an identification of available re-
sources;
(4) a plan to solicit proposals from the private
sector on how to innovatively accomplish the most
critical research on global climate change;
(5) an integrated plan for research in the Sci-
entific Research and Mission to Planet Earth enter-
prises described in the National Aeronautics and
Space Administration Strategic Plan issued in May,
1994;
(6) a plan for developing metrics and milestones
to quantify the performance of work on Mission to
Planet Earth; and
(7) a plan for the role, structure, and operation
of the Earth Observing Satellite Data Information
System.
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;
(C) make recommendations to promote the dis-
semination to the private sector of information on
advanced technology research and development per-
formed by or for the National Aeronautics and
Space Administration; and
(D) identify policy, regulatory, and legislative
barriers to the implementation of the recommenda-
tions made under this subsection.
(3) The results of the study conducted under this
subsection shall be transmitted to the Congress within 6
months after the date of the enactment of this Act.
(c) ADMINISTRATION.—This section shall be carried
out as part of the Commercial Remote Sensing Program
at the Stennis Space Center.
SEC. 260. SHUTTLE PRIVATIZATION.
(a) POLICY AND PREPARATION.—The Administrator
shall prepare for an orderly transition from the Federal
operation, or Federal management of contracted oper-
ation, of space transportation systems to the Federal pur-
chase of commercial space transportation services for all
nonemergency launch requirements, including human,
cargo, and mixed payloads. In those preparations, the Ad-
ministrator shall take into account the need for short-term
economies, as well as the goal of restoring the National
Aeronautics and Space Administration’s research focus
and its mandate to promote the fullest possible commercial
use of space. As part of those preparations, the Adminis-
trator shall plan for the potential privatization of the
Space Shuttle program after the year 2012. Such plan
shall keep safety and cost effectiveness as high priorities.
Nothing in this section shall prohibit the National Aero-
nautics and Space Administration from studying, design-
ing, developing, or funding upgrades or modifications es-
sential to the safe and economical operation of the Space
Shuttle fleet.
(b) SAFE OPERATION.—In reviewing proposals for
moving to a single prime contractor the Administrator
shall give priority to continued safe operation of space
transportation systems.
(c) FEASIBILITY STUDY.—The Administrator shall
conduct a study of the feasibility of implementing the rec-
ommendation of the Independent Shuttle Management Re-
view Team that the National Aeronautics and Space Ad-
ministration transition toward the privatization of the
Space Shuttle. The study shall identify, discuss, and,
where possible, present options for resolving, the major
policy and legal issues that must be addressed before the
Space Shuttle is privatized, including—
(1) whether the Federal Government or the
Space Shuttle contractor should own the Space
Shuttle orbiters and ground facilities;
(2) whether the Federal Government should in-
demnify the contractor for any third party liability
arising from Space Shuttle operations, and, if so,
under what terms and conditions;
(3) whether payloads other than National Aero-
nautics and Space Administration payloads should
be allowed to be launched on the Space Shuttle, how
missions will be prioritized, and who will decide
which mission flies and when;
(4) whether commercial payloads should be al-
lowed to be launched on the Space Shuttle and
whether any classes of payloads should be made in-
eligible for launch consideration;
(5) whether National Aeronautics and Space
Administration and other Federal Government pay-
loads should have priority over non-Federal payloads
in the Space Shuttle launch assignments, and what
policies should be developed to prioritize among pay-
loads generally;
(6) whether the public interest requires that
certain Space Shuttle functions continue to be per-
formed by the Federal Government; and
(7) how much cost savings, if any, will be gen-
erated by privatization of the Space Shuttle.
(d) REPORT TO CONGRESS.—Within 60 days after
the date of the enactment of this Act, the National Aero-
nautics and Space Administration shall complete the study
required under subsection (c) and shall submit a report
on the study to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives.
SEC. 261. LAUNCH VOUCHER DEMONSTRATION PROGRAM
AMENDMENTS.
Section 504 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (15
U.S.C. 5803) is amended—
(1) in subsection (a)—
(A) by striking ‘‘the Office of Commercial
Programs within’’; and
(B) by striking ‘‘Such program shall not
be effective after September 30, 1995.’’;
(2) by striking subsection (c); and
(3) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
SEC. 262. PRIVATIZATION OF MICROGRAVITY PARABOLIC
FLIGHT OPERATIONS.
(a) FINDING.—The Congress finds that no national
security or mission critical justification exists for the Na-
tional Aeronautics and Space Administration to maintain
its own fleet of aircraft to provide a short duration micro-
gravity environment via parabolic flight.
(b) PRIVATIZATION OF FLIGHT OPERATIONS.—(1)
The Administrator shall privatize all parabolic flight air-
craft operations conducted by or for the National Aero-
nautics and Space Administration in support of micro-
gravity research, astronaut training, and other functions,
whose total cost can be reduced through issuance of one
or more long-term, renewable, block purchase contracts
for the performance of such operations by United States
commercial sector providers.
(2) Within 90 days after the date of the enactment
of this Act, the Administrator shall issue a request for
proposals to provide services which meet all or part of the
microgravity flight needs of the National Aeronautics and
Space Administration, as described in paragraph (1) at
a net savings to the United States Government. The Ad-
ministrator shall coordinate the process of review of such
proposals, and shall oversee the transfer of such oper-
ations to the commercial sector as specified in paragraph
(3).
(3) Within 6 months after the issuance of a request
for proposals under paragraph (2), the Administrator
shall, where cost effective, award one or more contracts
for microgravity parabolic flight services to a microgravity
flight provider that is certified by the Federal Aviation Ad-
ministration. Except as provided in paragraph (4), the Ad-
ministrator shall cease all National Aeronautics and Space
Administration-operated parabolic aircraft flights, and
shall thereafter procure all microgravity parabolic flight
services from commercial sector providers. National Aero-
nautics and Space Administration experimenters, and Na-
tional Aeronautics and Space Administration-funded ex-
perimenters, who would otherwise use National Aero-
nautics and Space Administration-owned or operated
microgravity parabolic flight aircraft, shall be issued
vouchers for the procurement of microgravity parabolic
flight services from the commercial sector.
(4) The Administrator may, as necessary to ensure
the continuity of National Aeronautics and Space Admin-
istration operations, continue to operate parabolic aircraft
flights for up to 3 months after a contract is awarded
under paragraph (3). If the Administrator continues oper-
ations pursuant to this paragraph, the Administrator shall
concurrently transmit to the Congress an explanation of
the reasons for such action.
(5) Six months after the National Aeronautics and
Space Administration ceases all parabolic aircraft flights
under paragraph (3), the Administrator shall transmit a
report to Congress on the effectiveness of privatization
under this section.
SEC. 263. UNITARY WIND TUNNEL PLAN ACT OF 1949
AMENDMENTS.
The Unitary Wind Tunnel Plan Act of 1949 is
amended—
(1) in section 101 (50 U.S.C. 511) by striking
‘‘transsonic and supersonic’’ and inserting in lieu
thereof ‘‘transonic, supersonic, and hypersonic’’; and
(2) in section 103 (50 U.S.C. 513)—
(A) by striking ‘‘laboratories’’ in sub-
section (a) and inserting in lieu thereof ‘‘labora-
tories and centers’’;
(B) by striking ‘‘supersonic’’ in subsection
(a) and inserting in lieu thereof ‘‘transonic, su-
personic, and hypersonic’’; and
(C) by striking ‘‘laboratory’’ in subsection
(c) and inserting in lieu thereof ‘‘facility’’.
SEC. 264. USE OF ABANDONED AND UNDERUTILIZED
BUILDINGS, GROUNDS, AND FACILITIES.
(a) IN GENERAL.—In meeting the needs of the Na-
tional Aeronautics and Space Administration for addi-
tional facilities, the Administrator, whenever feasible, shall
select abandoned and underutilized buildings, grounds,
and facilities in depressed communities that can be con-
verted to National Aeronautics and Space Administration
facilities at a reasonable cost, as determined by the Ad-
ministrator.
(b) DEFINITIONS.—For purposes of this section, the
term ‘‘depressed communities’’ means rural and urban
communities that are relatively depressed, in terms of age
of housing, extent of poverty, growth of per capita income,
extent of unemployment, job lag, or surplus labor.
SEC. 265. COST EFFECTIVENESS CALCULATIONS.
In calculating the cost effectiveness of the cost of the
National Aeronautics and Space Administration engaging
in an activity as compared to the private sector, the com-
parison shall be made based only on the price the private
sector provider will charge for such activity.
SEC. 266. PROCUREMENT OMBUDSMAN.
(a) ESTABLISHMENT.—The Administrator shall es-
tablish the position of Procurement Ombudsman for the
National Aeronautics and Space Administration.
(b) FUNCTIONS.—The Procurement Ombudsman
shall—
(1) be responsible, in consultation with the Of-
fice of Procurement, for reviewing proposed new
missions for the National Aeronautics and Space
Administration to determine if such missions, or ele-
ments thereof, can be fulfilled by United States com-
mercial providers; and
(2) serve as a point of contact for—
(A) persons with whom the National Aero-
nautics and Space Administration has entered
into a procurement contract, with respect to
concerns of those persons about that contract;
and
(B) United States commercial providers,
with respect to issues relating to competition
between those providers and the Federal Gov-
ernment.
(c) REPORTS TO CONGRESS.—The Procurement Om-
budsman shall annually, in conjunction with the Presi-
dent’s annual budget request, transmit a report to Con-
gress describing the activities of the Ombudsman during
the previous year.
SEC. 267. AUTHORITY TO REDUCE OR SUSPEND CONTRACT
PAYMENTS BASED ON SUBSTANTIAL EVI-
DENCE OF FRAUD.
Section 2307(h)(8) of title 10, United States Code,
is amended by striking ‘‘and (4)’’ and inserting in lieu
thereof ‘‘(4), and (6)’’.
TITLE III—UNITED STATES FIRE
ADMINISTRATION
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Fire Administration
Authorization Act of 1996’’.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2216(a)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(G) $27,560,000 for the fiscal year ending
September 30, 1997.’’.
SEC. 303. FIRE SAFETY SYSTEMS IN ARMY HOUSING.
Section 31(c)(1)(A)(ii)(II) is amended by inserting ‘‘,
or in the case of housing under the control of the Depart-
ment of the Army, 6 years after such date of enactment’’
after ‘‘date of enactment’’.
SEC. 304. SUCCESSOR FIRE SAFETY STANDARDS.
The Federal Fire Prevention and Control Act of 1974
is amended—
(1) in section 29(a)(1), by inserting ‘‘, or any
successor standard thereto,’’ after ‘‘Association
Standard 74’’;
(2) in section 29(a)(2), by inserting ‘‘or any
successor standards thereto,’’ after ‘‘whichever is ap-
propriate,’’;
(3) in section 29(b)(2), by inserting ‘‘, or any
successor standards thereto’’ after ‘‘Association
Standard 13 or 13–R’’;
(4) in section 31(c)(2)(B)(i), by inserting ‘‘or
any successor standard thereto,’’ after ‘‘Life Safety
Code),’’; and
(5) in section 31(c)(2)(B)(ii), by inserting ‘‘or
any successor standard thereto,’’ after ‘‘Association
Standard 101,’’.
SEC. 305. TERMINATION OR PRIVATIZATION OF FUNC-
TIONS.
The Administrator of the United States Fire Admin-
istration shall transmit to Congress a report providing no-
tice at least 60 days in advance of the termination or
transfer to a private sector entity of any significant func-
tion of the United States Fire Administration.
SEC. 306. REPORT ON BUDGETARY REDUCTION.
The Administrator of the United States Fire Admin-
istration shall transmit to Congress, within three months
after the date of the enactment of this Act, a report set-
ting forth the manner in which the United States Fire
Administration intends to implement the budgetary reduc-
tion represented by the difference between the amount ap-
propriated to the United States Fire Administration for
fiscal year 1997 and the amount requested in the Presi-
dent’s budget request for such fiscal year. Such report
shall be prepared in consultation with the Alliance for Fire
and Emergency Management, the International Associa-
tion of Fire Chiefs, the International Association of Fire
Fighters, the National Fire Protection Association, the
National Volunteer Fire Council, the National Association
of State Fire Marshals, and the International Association
of Arson Investigators.
TITLE IV—NATIONAL OCEANIC
AND ATMOSPHERIC ADMINIS-
TRATION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘National Oceanic and
Atmospheric Administration Authorization Act of 1996’’.
SEC. 402. DEFINITIONS.
For the purposes of this title, the term—
(1) ‘‘Act of 1890’’ means the Act entitled ‘‘An
Act to increase the efficiency and reduce the ex-
penses of the Signal Corps of the Army, and to
transfer the Weather Bureau to the Department of
Agriculture’’, approved October 1, 1890 (26 Stat.
653);
(2) ‘‘Act of 1947’’ means the Act entitled ‘‘An
Act to define the functions and duties of the Coast
and Geodetic Survey, and for other purposes’’, ap-
proved August 6, 1947 (33 U.S.C. 883a et seq.);
(3) ‘‘Act of 1970’’ means the Act entitled ‘‘An
Act to clarify the status and benefits of commis-
sioned officers of the National Oceanic and Atmos-
pheric Administration, and for other purposes’’, ap-
proved December 31, 1970 (33 U.S.C. 857–1 et
seq.);
(4) ‘‘Administrator’’ means the Administrator
of the National Oceanic and Atmospheric Adminis-
tration; and
(5) ‘‘Secretary’’ means the Secretary of Com-
merce.
Subtitle A—Atmospheric, Weather,
and Satellite Programs
SEC. 411. NATIONAL WEATHER SERVICE.
(a) OPERATIONS AND RESEARCH.—There are au-
thorized to be appropriated to the Secretary to enable the
National Oceanic and Atmospheric Administration to
carry out the operations and research duties of the Na-
tional Weather Service, $450,668,000 for fiscal year 1997.
Such duties include meteorological, hydrological, and
oceanographic public warnings and forecasts, as well as
applied research in support of such warnings and fore-
casts.
(b) SYSTEMS ACQUISITION.—(1) There are author-
ized to be appropriated to the Secretary to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out the public warning and forecast systems duties of the
National Weather Service, $68,984,000 for fiscal year
1997. Such duties include the development, acquisition,
and implementation of major public warning and forecast
systems, including the upgrade of computer facilities.
None of the funds authorized under this subsection shall
be used for the purposes for which funds are authorized
under subsection (e). None of the funds authorized under
this subsection shall be used for the purposes for which
funds are authorized under section 102(b) of the National
Oceanic and Atmospheric Administration Authorization
Act of 1992 (Public Law 102–567). None of the funds
authorized by such section 102(b) shall be expended for
a particular NEXRAD installation unless—
(A) it is identified as a National Weather Serv-
ice NEXRAD installation in the National Implemen-
tation Plan for modernization of the National
Weather Service, required under section 703 of the
National Oceanic and Atmospheric Administration
Authorization Act of 1992 (Public Law 102–567);
or
(B) it is to be used only for spare parts, not as
an installation at a particular site.
(2) Of the amounts authorized under paragraph (1),
$42,935,000 shall be for NEXRAD program manage-
ment, operations, and maintenance.
(c) NEW NEXRAD INSTALLATIONS.—No funds may
be obligated for NEXRAD installations not identified in
the National Implementation Plan for 1996, unless the
Secretary certifies that such NEXRAD installations can
be acquired within the authorization of NEXRAD con-
tained in section 102(b) of the National Oceanic and At-
mospheric Administration Authorization Act of 1992.
(d) ASOS PROGRAM AUTHORIZATION.—Of the sums
authorized in subsection (b)(1), $10,056,000 for fiscal
year 1997 are authorized to be appropriated to the Sec-
retary, for the acquisition and deployment of—
(1) the Automated Surface Observing System
and related systems, including multisensor and
backup arrays for National Weather Service sites at
airports; and
(2) Automated Meteorological Observing Sys-
tem and Remote Automated Meteorological Observ-
ing System replacement units.
and to cover all associated activities, including program
management and operations and maintenance.
(e) AWIPS COMPLETE
PROGRAM
AUTHORIZA-
TION.—(1) Except as provided in paragraph (2), there are
authorized to be appropriated to the Secretary for all fiscal
years beginning after September 30, 1996, an aggregate
of $271,166,000, to remain available until expended, of
which up to $116,483,000 may be available for fiscal year
1997, to complete the acquisition and deployment of the
Advanced Weather Interactive Processing System and
NOAA Port and to cover all associated activities, including
program management and operations and maintenance
through September 30, 1999.
(2) No funds are authorized to be appropriated for
any fiscal year under paragraph (1) unless, within 60 days
after the submission of the President’s budget request for
such fiscal year, the Secretary—
(A) certifies to the Congress that—
(i) the systems meet the technical perform-
ance specifications included in the system con-
tract as in effect on August 11, 1995;
(ii) the systems can be fully deployed,
sited, and operational without requiring further
appropriations 
beyond 
amounts 
authorized
under paragraph (1); and
(iii) the Secretary does not foresee any
delays in the systems deployment and oper-
ations schedule; or
(B) submits to the Congress a report which de-
scribes—
(i) the circumstances which prevent a cer-
tification under subparagraph (A);
(ii) remedial actions undertaken or to be
undertaken with respect to such circumstances;
(iii) the effects of such circumstances on
the systems deployment and operations schedule
and systems coverage; and
(iv) a justification for proceeding with the
program, if appropriate.
(f) CONSTRUCTION
OF WEATHER FORECAST OF-
FICES.—There are authorized to be appropriated to the
Secretary to enable the National Oceanic and Atmospheric
Administration to carry out construction, repair, and
modification activities relating to new and existing weath-
er forecast offices, $11,000,000 for fiscal year 1997. Such
activities include planning, design, and land acquisition re-
lated to such offices.
(g) WEATHER
SERVICE
MODERNIZATION.—The
Weather Service Modernization Act (15 U.S.C. 313 note)
is amended—
(1) in section 706—
(A) by amending subsection (b) to read as
follows:
‘‘(b) CERTIFICATION.—The Secretary may not close,
automate, or relocate any field office unless the Secretary
has certified to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives that such action
will not result in degradation of service to the affected
area. Such certification shall be in accordance with the
modernization criteria established under section 704.’’;
(B) by striking subsections (c), (d), (e),
and (f); and
(C) by inserting after subsection (b) the
following new subsections:
‘‘(c) SPECIAL CIRCUMSTANCES.—The Secretary may
not close or relocate any field office which is located at
an airport, if the Secretary, in consultation with the Sec-
retary of Transportation and the Committee, determines
as a result of an air safety appraisal that such action will
result in degradation of service that affects aircraft safety.
This air safety appraisal shall be issued jointly by the De-
partment of Commerce and the Department of Transpor-
tation before September 30, 1996, and shall be based on
a coordinated review of all the airports in the United
States subject to the certification requirements of sub-
section (b). The appraisal shall—
‘‘(1) consider the weather information required
to safely conduct aircraft operations and the extent
to which such information is currently derived
through manual observations provided by the Na-
tional Weather Service and the Federal Aviation Ad-
ministration, and automated observations provided
from other sources including the Automated Weath-
er Observation Service (AWOS), the Automated Sur-
face Observing System (ASOS), and the Geo-
stationary 
Operational 
Environmental 
Satellite
(GOES); and
‘‘(2) determine whether the service provided by
ASOS, and ASOS augmented where necessary by
human observations, provides the necessary level of
service consistent with the service standards encom-
passed in the criteria for automation of the field of-
fices.
‘‘(d) PUBLIC LIAISON.—The Secretary shall maintain
for a period of at least two years after the closure of any
weather office a program to—
‘‘(1) provide timely information regarding the
activities of the National Weather Service which may
affect service to the community, including mod-
ernization and restructuring; and
‘‘(2) work with area weather service users, in-
cluding persons associated with general aviation,
civil defense, emergency preparedness, and the news
media, with respect to the provision of timely weath-
er warnings and forecasts.’’; and
(2) in section 707—
(A) by amending subsection (c) to read as
follows:
‘‘(c) DUTIES.—The Committee shall advise the Con-
gress and the Secretary on—
‘‘(1) the implementation of the Strategic Plan,
annual development of the Plan, and establishment
and implementation of modernization criteria; and
‘‘(2) matters of public safety and the provision
of weather services which relate to the comprehen-
sive modernization of the National Weather Serv-
ice.’’; and
(B) by amending subsection (f) to read as
follows:
‘‘(f) TERMINATION.—The Committee shall termi-
nate—
‘‘(1) on September 30, 1996; or
‘‘(2) 90 days after the deadline for public com-
ment on the modernization criteria for closure cer-
tification published in the Federal Register pursuant
to section 704(b)(2),
whichever occurs later.’’.
(h) BI-AGENCY WORKING GROUP.—The National
Weather Service is encouraged to follow through on the
recommendation contained in the document entitled ‘‘Sec-
retary’s Report to Congress on Adequacy of NEXRAD
Coverage and Degradation of Weather Services Under Na-
tional Weather Service Modernization for 32 Areas of
Concern’’, dated October 12, 1995, to initiate a dialogue
with the Federal Aviation Administration to form a bi-
agency working group to further assess the potential for
National Weather Service operational use of Federal Avia-
tion Administration weather radar data, and to define en-
gineering considerations that would be involved in imple-
menting a data sharing link between the Federal Aviation
Administration and the National Weather Service.
(i) NEXRAD OPERATIONAL AVAILABILITY AND RE-
LIABILITY.—(1) The Secretary of Defense, in conjunction
with the Administrator of the National Oceanic and At-
mospheric Administration, shall take immediate steps to
ensure that NEXRADs operated by the Department of
Defense that provide primary detection coverage over a
portion of their range function as fully committed, reliable
elements of the national weather radar network, operating
with the same standards, quality, and availability as the
National Weather Service-operated NEXRADs.
(2) NEXRADs operated by the Department of De-
fense that provide primary detection coverage over a por-
tion of their range are to be considered as integral parts
of the National Weather Radar Network.
SEC. 412. ATMOSPHERIC RESEARCH.
(a) CLIMATE AND AIR QUALITY RESEARCH.—There
are authorized to be appropriated to the Secretary to en-
able the National Oceanic and Atmospheric Administra-
tion to carry out its climate and air quality research du-
ties, $99,272,000 for fiscal year 1997. Such duties include
internannual and seasonal climate research and long-term
climate and air quality research.
(b) ATMOSPHERIC PROGRAMS.—There are author-
ized to be appropriated to the Secretary to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out its atmospheric research duties, $43,182,000 for fiscal
year 1997. Such duties include research for developing im-
proved prediction capabilities for atmospheric processes,
as well as solar-terrestrial research and services.
SEC. 413. NATIONAL ENVIRONMENTAL SATELLITE, DATA,
AND INFORMATION SERVICE.
(a) SATELLITE OBSERVING SYSTEMS.—There are
authorized to be appropriated to the Secretary to enable
the National Oceanic and Atmospheric Administration to
carry 
out 
its 
satellite 
observing 
systems 
duties,
$287,997,000 for fiscal year 1997, to remain available
until expended. Such duties include spacecraft procure-
ment, launch, and associated ground station systems in-
volving polar orbiting and geostationary environmental
satellites, as well as the operation of such satellites. None
of the funds authorized under this subsection shall be used
for the purposes for which funds are authorized under sec-
tion 105(d) of the National Oceanic and Atmospheric Ad-
ministration Authorization Act of 1992 (Public Law 102–
567).
(b) POES PROGRAM AUTHORIZATION.—Of the sums
authorized in subsection (a), there are authorized to be
appropriated to the Secretary $147,664,000 for fiscal year
1997, to remain available until expended, for the procure-
ment and launch of, and supporting ground systems for,
Polar Orbiting Environmental Satellites, K, L, M, N, and
N1.
(c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL
SATELLITES.—Of the sums authorized in subsection (a),
there are authorized to be appropriated to the Adminis-
trator $70,757,000 for fiscal year 1997, to remain avail-
able until expended to procure up to three additional Geo-
stationary Operational Environmental NEXT Satellites
(GOES I–M clones), instruments, and supporting ground
systems.
(d) NATIONAL POLAR-ORBITING OPERATIONAL EN-
VIRONMENTAL SATELLITE SYSTEM PROGRAM AUTHOR-
IZATION.—Of the sums authorized in subsection (a), there
are authorized to be appropriated to the Secretary, for fis-
cal year 1997, $19,024,000, to remain available until ex-
pended, for the procurement of the National Polar-Orbit-
ing Operational Environmental Satellite System, and the
procurement of the launching and supporting ground sys-
tems of such satellites.
(e) ENVIRONMENTAL
DATA
AND
INFORMATION
SERVICES.—There are authorized to be appropriated to
the Secretary to enable the National Oceanic and Atmos-
pheric Administration to carry out its environmental data
and information services duties, $44,898,000 for fiscal
year 1997. Such duties include climate data services, geo-
physical data services, and environmental assessment and
information services.
Subtitle B—Program Support
SEC. 431. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRATIVE
ACTIVITIES.—There are authorized to be appropriated to
the Secretary, to enable the National Oceanic and Atmos-
pheric Administration to carry out executive direction and
administrative activities under the Act of 1970 and any
other law involving those activities, $20,000,000 for fiscal
year 1997.
(b) CENTRAL ADMINISTRATIVE SUPPORT.—There
are authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Administra-
tion to carry out central administrative support activities
under the Act of 1970 and any other law involving those
activities, $33,000,000 for fiscal year 1997.
(c) AIRCRAFT SERVICES.—There are authorized to be
appropriated to the Secretary, to enable the National Oce-
anic and Atmospheric Administration to carry out aircraft
services activities (including aircraft operations, mainte-
nance, and support) under the Act of 1970 and any other
law involving those activities, $9,153,000 for fiscal year
1997.
(d) FACILITIES REPAIRS AND RENOVATIONS.—There
are authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Administra-
tion to carry out facilities repairs and renovations,
$7,546,000 for fiscal year 1997.
Subtitle C—Streamlining of
Operations
SEC. 441. PROGRAMS.
(a) PROGRAMS.—No funds are authorized to be ap-
propriated for the following programs and accounts:
(1) Federal/State Weather Modification Grants.
(2) The Southeast Storm Research Account.
(3) National Institute for Environmental Re-
newal.
(4) National Weather Service non-Federal, non-
wildfire Fire Weather Service.
(5) National Weather Service Regional Climate
Centers.
(6) National Weather Service Samoa Weather
Forecast Office Repair and Upgrade Account.
(7) Dissemination of Weather Charts (Marine
Facsimile Service).
(8) Global Learning and Observations to Bene-
fit the Environment program.
(b) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit
to the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a report certifying that all
the programs listed in subsection (a) will be terminated
no later than September 30, 1996.
SEC. 442. REDUCTION IN TRAVEL BUDGET.
Of the sums appropriated under this Act for Oper-
ations, 
Research, 
and 
Facilities, 
no 
more 
than
$20,000,000 may be used for reimbursement of travel and
related expenses for National Oceanic and Atmospheric
Administration personnel.
Subtitle D—Miscellaneous
SEC. 451. WEATHER DATA BUOYS.
(a) PROHIBITION.—It shall be unlawful for any unau-
thorized person to remove, change the location of, ob-
struct, willfully damage, make fast to, or interfere with
any weather data buoy established, installed, operated, or
maintained by the National Data Buoy Center.
(b) CIVIL PENALTIES.—The Administrator is author-
ized to assess a civil penalty against any person who vio-
lates any provision of this section in an amount of not
more than $10,000 for each violation. Each day during
which such violation continues shall be considered a new
offense. Such penalties shall be assessed after notice and
opportunity for a hearing.
(c) REWARDS.—The Administrator may offer and
pay rewards for the apprehension and conviction, or for
information helpful therein, of persons found interfering,
in violation of law, with data buoys maintained by the Na-
tional Data Buoy Center; or for information leading to
the discovery of missing National Weather Service prop-
erty or the recovery thereof.
SEC. 452. DUTIES OF THE NATIONAL WEATHER SERVICE.
(a) IN GENERAL.—To protect life and property and
enhance the national economy, the Secretary, through the
National Weather Service, except as outlined in subsection
(b), shall be responsible for—
(1) forecasts and shall serve as the sole official
source of weather warnings;
(2) the issue of storm warnings;
(3) the collection, exchange, and distribution of
meteorological, hydrological, climatic, and oceano-
graphic data and information; and
(4) the preparation of hydrometeorological guid-
ance and core forecast information.
(b) COMPETITION WITH PRIVATE SECTOR.—The
National Weather Service shall not compete, or assist
other entities to compete, with the private sector when a
service is currently provided or can be provided by com-
mercial enterprise, unless—
(1) the Secretary finds that the private sector
is unwilling or unable to provide the services; and
(2) the service provides vital weather warnings
and forecasts for the protection of lives and property
of the general public.
(c) AMENDMENTS.—The Act of 1890 is amended—
(1) by striking section 3 (15 U.S.C. 313); and
(2) in section 9 (15 U.S.C. 317), by striking all
after ‘‘Department of Agriculture’’ and inserting in
lieu thereof a period.
(d) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit
to the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing all Na-
tional Weather Service activities which do not conform to
the requirements of this section and outlining a timetable
for their termination.
100
TITLE V—ENVIRONMENTAL
PROTECTION AGENCY
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Environmental Re-
search, Development, and Demonstration Authorization
Act of 1996’’.
SEC. 502. DEFINITIONS.
For the purposes of this title, the term—
(1) ‘‘Administrator’’ means the Administrator
of the Environmental Protection Agency;
(2) ‘‘Agency’’ means the Environmental Protec-
tion Agency; and
(3) ‘‘Assistant Administrator’’ means the As-
sistant Administrator for Research and Development
of the Agency.
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator $487,126,600 for fiscal year
1997 for Science and Technology activities, including pro-
gram management and support, in the areas specified in
subsection (b).
(b) SPECIFIC PROGRAMS AND ACTIVITIES.—Of the
amount authorized in subsection (a), there are authorized
to be appropriated the following:
(1) For air related research, $74,119,900.
101
(2) For global change research, $1,400,000.
(3) 
For 
water 
quality 
related 
research,
$26,294,000.
(4) For drinking water related research,
$26,593,700.
(5) For toxic substances related research,
$12,341,500.
(6) For lab and field expenses, $73,031,600.
(7) For headquarters expenses of the Office of
Research and Development, $9,254,800.
(8) For multimedia related research expenses,
$174,060,100, of which $5,000,000 shall be for
graduate student fellowships.
(9) 
For 
program 
management 
expenses,
$6,399,000.
(10) 
For 
pesticide 
related 
research,
$20,632,000.
(11) For research related to hazardous waste,
$12,000,000.
(12) For environmental research laboratories,
$51,000,000.
(c) ADDITIONAL AUTHORIZATIONS.—There are au-
thorized to be appropriated to the Administrator for fiscal
year 1997—
102
(1) 
for 
oil 
pollution 
related 
research,
$2,076,900; and
(2) for research related to leaking underground
storage tanks, $769,000.
(d) LIMITATIONS.—No funds are authorized to be ap-
propriated by this title for—
(1) the Environmental Technology Initiative;
(2) the Climate Change Action Plan;
(3) North Dakota Center for Air Toxic Metals
Research;
(4) drinking water research conducted by the
American Water Works Association Research Foun-
dation, other than amounts awarded through a com-
petitive process;
(5) the Water Environment Research Founda-
tion;
(6) the National Urban Air Toxics Research
Center;
(7) the Gulf Coast Hazardous Substances Re-
search Center;
(8) urban waste management research at the
University of New Orleans, other than amounts
awarded through a competitive process;
(9) the Resources and Agricultural Policy Sys-
tems Program at Iowa State University; or
103
(10) the Oil Spill Remediation Research Center.
SEC. 504. SCIENTIFIC RESEARCH REVIEW.
(a) IN GENERAL.—The Administrator shall assign to
the Assistant Administrator the duties of—
(1) developing a strategic plan for scientific and
technical research activities throughout the Agency;
(2) integrating that strategic plan into ongoing
Agency planning activities; and
(3) reviewing all Agency research to ensure the
research—
(A) is of high quality; and
(B) does not duplicate any other research
being conducted by the Agency.
(b) REPORT.—The Assistant Administrator shall
transmit annually to the Administrator and to the Com-
mittee on Science of the House of Representatives and the
Committee on Environment and Public Works of the Sen-
ate a report detailing—
(1) all Agency research the Assistant Adminis-
trator finds is not of sufficiently high quality; and
(2) all Agency research the Assistant Adminis-
trator finds duplicates other Agency research.
SEC. 505. GRADUATE STUDENT FELLOWSHIPS.
In carrying out the graduate student fellowship pro-
gram for which funds are authorized to be appropriated
104
by this title, the Administrator shall ensure that any fel-
lowship award to a student selected after the date of the
enactment of this Act is used only to support scientific
research that would further missions of the Office of Re-
search and Development in fields in which there exists or
is projected to exist a shortage in the number of scientists.
SEC. 506. SCIENCE ADVISORY BOARD.
(a) ANNUAL REPORT.—The Science Advisory Board
shall submit to Congress and to the Administrator an an-
nual report that contains the views of the Science Advisory
Board on proposed research programs as described in the
President’s budget for research, development, and dem-
onstration activities at the Environmental Protection
Agency. Such report shall be submitted to Congress as
soon as practicable after the submission of the President’s
budget to Congress. The Administrator shall cooperate
with the Director of the Science Advisory Board, particu-
larly with respect to the timely provision of budget infor-
mation to the Science Advisory Board, to allow the Science
Advisory Board to carry out its duties under this sub-
section.
(b) EVALUATION.—The Science Advisory Board shall
conduct periodic evaluations of selected areas of the cur-
rent and planned research, development, and demonstra-
tion activities of the Environmental Protection Agency.
105
The areas of evaluation shall be selected by the Science
Advisory Board in consultation with the Administrator,
the Office of Research and Development, other Agency
programs, and appropriate committees of the Congress.
Reports containing the Science Advisory Board’s evalua-
tions and recommendations shall be filed with such com-
mittees and the Administrator. The Administrator shall
provide to such committees a written response to the
Science Advisory Board’s evaluation and recommendations
within 60 days after the Science Advisory Board’s report
has been submitted.
(c) REVIEW OF CERTAIN RESEARCH ACTIVITIES.—
The Science Advisory Board shall annually review the re-
search activities of the Environmental Protection Agency
and shall include the results of such review in the annual
report required by subsection (a).
(d) SUBMISSION TO CONGRESS.—The Administrator
shall submit to the Congress any report required by law
to be submitted to the Administrator by the Science Advi-
sory Board. The Administrator shall make any such sub-
mission not later than 60 days after the Administrator
receives the report from the Science Advisory Board.
SEC. 507. ENDOCRINE DISRUPTER RESEARCH PLANNING.
(a) SHORT TITLE.—This section may be cited as the
‘‘Endocrine Disrupter Research Planning Act of 1996’’.
106
(b) FINDINGS.—The Congress finds that—
(1) recent reports in the media have focused
public attention on a possible link between exposure
to chemicals that may mimic hormones and may
have adverse biological effects in humans and wild-
life, including carcinogenic, reproductive, neuro-
logical, and immunological effects, now commonly re-
ferred to as endocrine disrupters;
(2) given the significant scientific uncertainties
concerning the effects of such endocrine disrupters
on humans and wildlife, it cannot at this time be
concluded whether or not endocrine disrupters con-
stitute a significant threat to human health or the
environment;
(3) 
neither 
a 
conclusion 
that 
endocrine
disrupters pose an imminent and serious threat to
human health and the environment, nor a conclusion
that the risks are insignificant or exaggerated, is
warranted based on the present state of scientific
knowledge;
(4) additional research is needed to more accu-
rately characterize the risks of endocrine disrupters;
(5) risk assessment principles should be used to
guide the development of a coordinated research
plan to ensure that research results are relevant and
107
adequate to objectively estimate risk to guide future
public policy decisions;
(6) research carried out by the Federal Govern-
ment should be done in a planned and coordinated
manner to ensure that limited resources are spent
efficiently and that critical information gaps are
filled as quickly as possible; and
(7) researchers from academia, industry, and
Federal laboratories should coordinate efforts to
prioritize research topics, identify capital needs, and,
in general, develop a comprehensive research plan to
address important scientific and policy questions
surrounding the potential effects of such chemicals.
(c) RESEARCH PLANNING REPORT.—
(1) REPORT.—The Administrator, in coordina-
tion with other Federal agencies with scientific ex-
pertise in areas relevant to assessing the human
health and ecological risks of endocrine disrupters,
shall submit to Congress, along with the President’s
Budget Request for Fiscal Year 1998, a plan for
conducting research needed to objectively assess and
characterize the risk of endocrine disrupters on
human health and the environment.
(2) CONTENTS.—The plan submitted under this
section shall include—
108
(A) the role of each participating agency in
the research plan and the resources required by
each agency to carry out the research plan, in-
cluding human and capital resources needed to
ensure that agencies have appropriate expertise,
facilities, and analytical capabilities to meet the
goals of the research plan;
(B) the mechanisms by which each agency
will carry out research, including the use of
Federal laboratory facilities, extramural grants
and contracts, and cooperative research and de-
velopment agreements with universities, re-
search centers, and the private sector, and
mechanisms to avoid duplication of effort and
for appropriate peer review, including independ-
ent and external peer review of Federal agency
intramural research;
(C) 
specific 
research 
strategies 
and
timelines for addressing the critical information
gaps with respect to hazard identification, dose-
response assessment, and exposure assessment;
and
(D) an assessment of the current state of
scientific knowledge concerning effects of syn-
thetic 
and 
naturally 
occurring 
endocrine
109
disrupters on human health and the environ-
ment, including identification of scientific un-
certainties unlikely to be capable of significant
resolution in the near term, studies which sup-
port or fail to support conclusions of adverse
public health effects, and the opportunity for
public comment on such assessment.
(d) SAVINGS CLAUSE.—Nothing in this section is in-
tended to alter, enhance, or otherwise affect any statutory
authority of the Environmental Protection Agency or any
other Federal regulatory agency to regulate substances
which may pose a threat to the public health or the envi-
ronment.
TITLE VI—NATIONAL INSTITUTE
OF STANDARDS AND TECH-
NOLOGY
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated the follow-
ing:
(1) For Scientific and Technical Research and
Services of the National Institute of Standards and
Technology, $280,600,000 for fiscal year 1997, of
which—
(A) $38,407,000 shall be for Electronics
and Electrical Engineering;
110
(B) $18,747,000 shall be for Manufactur-
ing Engineering;
(C) $33,939,000 shall be for Chemical
Science and Technology;
(D) $28,048,000 shall be for Physics;
(E) $54,589,000 shall be for Material
Science and Engineering;
(F) $13,085,000 shall be for Building and
Fire Research;
(G) $43,076,000 shall be for Computer
Science and Applied Mathematics;
(H) $18,950,000 shall be for Technical As-
sistance;
(I) $28,772,000 shall be for Research Sup-
port; and
(J) $2,987,000 shall be for the Malcolm
Baldrige National Quality Program under sec-
tion 17 of the Stevenson-Wydler Technology In-
novation Act of 1980 (15 U.S.C. 3711a); and
(2) for Construction of Research Facilities of
the National Institute of Standards and Technology,
$105,240,000 for fiscal year 1997.
111
TITLE VII—FEDERAL AVIATION
ADMINISTRATION RESEARCH,
ENGINEERING, AND DEVEL-
OPMENT
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘FAA Research, Engi-
neering, and Development Management Reform Act of
1996’’.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1)(J);
(2) by striking the period at the end of para-
graph (2)(J) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new
paragraph:
‘‘(3) for fiscal year 1997—
‘‘(A) $10,000,000 for system development
and infrastructure projects and activities;
‘‘(B) $39,911,000 for capacity and air
traffic management technology projects and ac-
tivities;
112
‘‘(C) $20,371,000 for communications,
navigation, and surveillance projects and activi-
ties;
‘‘(D) $6,411,000 for weather projects and
activities;
‘‘(E) $6,000,000 for airport technology
projects and activities;
‘‘(F) $37,978,000 for aircraft safety tech-
nology projects and activities;
‘‘(G) $36,045,000 for system security tech-
nology projects and activities;
‘‘(H) $23,682,000 for human factors and
aviation medicine projects and activities;
‘‘(I) $3,800,000 for environment and en-
ergy projects and activities; and
‘‘(J) $1,500,000 for innovative/cooperative
research projects and activities.’’.
SEC. 703. RESEARCH PRIORITIES.
Section 48102(b) of title 49, United States Code, is
amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by striking ‘‘AVAILABILITY
FOR
RE-
SEARCH.—(1)’’ and inserting in lieu thereof ‘‘RE-
SEARCH PRIORITIES.—(1) The Administrator shall
113
consider the advice and recommendations of the re-
search advisory committee established by section
44508 of this title in establishing priorities among
major categories of research and development activi-
ties carried out by the Federal Aviation Administra-
tion.
‘‘(2)’’.
SEC. 704. RESEARCH ADVISORY COMMITTEE.
Section 44508(a)(1) of title 49, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting in lieu thereof ‘‘; and’’;
and
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) annually review the allocation made by the
Administrator of the amounts authorized by section
48102(a) of this title among the major categories of
research and development activities carried out by
the Administration and provide advice and rec-
ommendations to the Administrator on whether such
allocation is appropriate to meet the needs and ob-
jectives identified under subparagraph (A).’’.
114
SEC. 705. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) of title 49, United States Code, is
amended—
(1) in paragraph (2)(A) by striking ‘‘15-year’’
and inserting in lieu thereof ‘‘5-year’’;
(2) by amending subparagraph (B) to read as
follows:
‘‘(B) The plan shall—
‘‘(i) provide estimates by year of the schedule,
cost, and work force levels for each active and
planned major research and development project
under sections 40119, 44504, 44505, 44507, 44509,
44511–44513, and 44912 of this title, including ac-
tivities carried out under cooperative agreements
with other Federal departments and agencies;
‘‘(ii) specify the goals and the priorities for allo-
cation of resources among the major categories of
research and development activities, including the
rationale for the priorities identified;
‘‘(iii) identify the allocation of resources among
long-term research, near-term research, and develop-
ment activities; and
‘‘(iv) highlight the research and development
activities that address specific recommendations of
the research advisory committee established under
section 44508 of this title, and document the rec-
115
ommendations of the committee that are not accept-
ed, specifying the reasons for nonacceptance.’’; and
(3) in paragraph (3) by inserting ‘‘, including
a description of the dissemination to the private sec-
tor of research results and a description of any new
technologies developed’’ after ‘‘during the prior fiscal
year’’.
TITLE VIII—NATIONAL EARTH-
QUAKE HAZARDS REDUCTION
PROGRAM
SEC. 801. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7706) is amended—
(1) in subsection (a)(7) by striking ‘‘and
$25,750,000 for the fiscal year ending September
30, 
1996’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$25,750,000 for the fiscal year ending September
30, 1996, and $18,825,000 for the fiscal year end-
ing September 30, 1997’’;
(2) 
in 
subsection 
(b) 
by 
striking 
‘‘and
$50,676,000 for the fiscal year ending September
30, 
1996’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$50,676,000 for the fiscal year ending September
30, 1996, and $46,130,000 for the fiscal year end-
ing September 30, 1997’’;
116
(3) in subsection (c) by adding at the end the
following new sentence: ‘‘There are authorized to be
appropriated, out of funds otherwise authorized to
be appropriated to the National Science Foundation,
$28,400,000 
for 
fiscal 
year 
1997, 
including
$17,500,000 
for 
engineering 
research 
and
$10,900,000 for geosciences research.’’; and
(4) in subsection (d) by adding at the end the
following new sentence: ‘‘There are authorized to be
appropriated, out of funds otherwise authorized to
be appropriated to the National Institute of Stand-
ards and Technology, $1,932,000 for fiscal year
1997.’’.
TITLE IX—MISCELLANEOUS
SEC. 901. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
117
SEC. 902. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1997.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1997 for the activities for which sums are authorized by
this Act unless such sums are specifically authorized to
be appropriated by this Act.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1997 for the activities for which sums are authorized
by this Act unless such sums are specifically authorized
to be appropriated by Act of Congress with respect to such
fiscal year.
SEC. 903. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The head of each Federal agency
for which funds are authorized under this Act shall ex-
clude from consideration for awards of financial assistance
made by that agency after fiscal year 1996 any person
who received funds, other than those described in sub-
section (b), appropriated for a fiscal year after fiscal year
1996, from any Federal funding source for a project that
was not subjected to a competitive, merit-based award
process. Any exclusion from consideration pursuant to this
section shall be effective for a period of 5 years after the
person receives such Federal funds.
118
(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. 904. BUY AMERICAN.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that any recipient of a grant under this Act, or
under any amendment made by this Act, should purchase,
when available and cost-effective, American made equip-
ment and products when expending grant monies.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In al-
locating grants under this Act, or under any amendment
made by this Act, the Secretary shall provide to each re-
cipient a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 905. ROTC ACCESS TO CAMPUSES.
(a) DENIAL OF GRANTS AND CONTRACTS.—(1) No
funds appropriated for civilian science activities of the
Federal Government may be provided by contract or by
grant (including a grant of funds to be available for stu-
dent aid) to any institution of higher education that, as
determined by the agency to which the funds were appro-
priated, in consultation with other appropriate Federal
agencies, has an anti-ROTC policy.
119
(2) In the case of an institution of higher education
that is ineligible for grants and contracts by reason of
paragraph (1), the prohibition under that paragraph shall
cease to apply to that institution upon a determination
by the agency to which the funds were appropriated, in
consultation with other appropriate Federal agencies, that
the institution no longer has an anti-ROTC policy.
(b) NOTICE
OF DETERMINATION.—Whenever an
agency makes a determination under subsection (a) that
an institution has an anti-ROTC policy, or that an institu-
tion previously determined to have an anti-ROTC policy
no longer has such a policy, the agency—
(1) shall transmit notice of that determination
to the Secretary of Education and the Congress; and
(2) shall publish in the Federal Register notice
of that determination and of the effect of that deter-
mination under subsection (a) on the eligibility of
that institution for grants and contracts.
(c) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—
Each agency shall publish in the Federal Register once
every six months a list of each institution of higher edu-
cation that is currently ineligible for grants and contracts
by reason of a determination of the agency under sub-
section (a).
120
(d) ANTI-ROTC POLICY.—In this section, the term
‘‘anti-ROTC policy’’ means a policy or practice of an insti-
tution of higher education that—
(1) prohibits, or in effect prevents, the main-
taining or establishing of a unit of the Senior Re-
serve Officer Training Corps at that institution; or
(2) prohibits, or in effect prevents, a student at
that institution from enrolling in a unit of the Sen-
ior Reserve Officer Training Corps at another insti-
tution of higher education,
but does not include a longstanding policy of pacifism
based on historical religious affiliation.
SEC. 906. RECRUITING ON CAMPUS.
(a) DENIAL OF FUNDS.—(1) No funds appropriated
for civilian science activities of the Federal Government
may be provided by grant or contract (including a grant
of funds to be available for student aid) to any institution
of higher education that, as determined by the agency to
which the funds were appropriated, in consultation with
other appropriate Federal agencies, has a policy of deny-
ing, or which effectively prevents—
(A) entry to campuses or access to students on
campuses; or
(B) access to directory information pertaining
to students,
121
for purposes of military recruiting. This paragraph shall
not apply to a longstanding policy of pacifism based on
historical religious affiliation.
(2) In the case of an institution of higher education
that is ineligible for grants and contracts by reason of
paragraph (1), the prohibition under that paragraph shall
cease to apply to that institution upon a determination
by the agency to which the funds were appropriated, in
consultation with other appropriate Federal agencies, that
the institution no longer has a policy described in para-
graph (1).
(3) Students referred to in paragraph (1) are individ-
uals who are 17 years of age or older.
(b) NOTICE
OF DETERMINATION.—Whenever an
agency makes a determination under subsection (a) that
an institution has a policy described in subsection (a), or
that an institution previously determined to have such a
policy no longer has such a policy, the agency—
(1) shall transmit notice of that determination
to the Secretary of Education and the Congress; and
(2) shall publish in the Federal Register notice
of that determination and of the effect of that deter-
mination under subsection (a) on the eligibility of
that institution for grants and contracts.
122
(c) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—
Each agency shall publish in the Federal Register once
every six months a list of each institution of higher edu-
cation that is currently ineligible for grants and contracts
by reason of a determination of the agency under sub-
section (a).
(d) DEFINITION.—For purposes of this section, the
term ‘‘directory information’’ means, with respect to a stu-
dent, the student’s name, address, telephone listing, date
and place of birth, level of education, degrees received, and
the most recent previous educational institution enrolled
in by the student.
TITLE X—FURTHER
AUTHORIZATIONS
SEC. 1001. FURTHER AUTHORIZATIONS.
There are authorized to be appropriated $90,000,000
for the Manufacturing Extension Partnerships program
under sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l)
123
for fiscal year 1997. None of the funds authorized by this
section may be used to establish a new Center.
Passed the House of Representatives May 30, 1996.
Attest:
Clerk.