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section shall not be a requirement for a commercial pro-
vider bidding to provide such services.
(4) Contracts under this section shall not provide for
the Federal Government to obtain ownership of data not
specifically sought by the Federal Government.
SEC. 248. REPORT OF 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 on Mission to Planet
Earth.
(b) CONTENTS.—The plan required by subsection (a)
shall include—
(1) an analysis of Earth observation systems of
other countries and the ways in which the United
States could benefit from such systems, including by
eliminating duplication of effort;
(2) an analysis of how the Department of De-
fense’s airborne and space sensor programs could be
used in Mission to Planet Earth;
(3) a plan for infusing advanced technology into
the Mission to Planet Earth program, including
milestones and an identification of available re-
sources;
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(4) a plan to solicit proposals from the private
sector on how to innovatively accomplish the most
critical research on global climate change;
(5) an integrated plan for research in the Sci-
entific Research and Mission to Planet Earth enter-
prises of the National Aeronautics and Space Ad-
ministration;
(6) a plan for developing metrics and milestones
to quantify the performance of work on Mission to
Planet Earth; and
(7) an analysis of how the United States Gov-
ernment can—
(A) most effectively utilize space-based and
airborne Earth remote sensing data, services,
distribution, and applications provided by the
United States private sector to meet Govern-
ment goals for Mission to Planet Earth; and
(B) evaluate and foster commercial data
sources, commercial archiving services, commer-
cial applications, and commercial distribution of
Mission to Planet Earth data.
SEC. 249. SHUTTLE PRIVATIZATION
(a) POLICY AND PREPARATION.—The Administrator
shall prepare for an orderly transition from the Federal
operation, or Federal management of contracted oper-
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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.
(b) REQUEST
FOR PROPOSALS.—Within 30 days
after the date of the enactment of this Act, the Adminis-
trator shall publish in the Commerce Business Daily a re-
quest for proposals to achieve a single prime contract for
the space shuttle program. The request for proposals shall
include—
(1) a timetable and milestones for selecting a
single prime contractor not later than September 30,
1996;
(2) criteria for selection of the single prime con-
tractor;
(3) the annual target cost to be achieved by the
single prime contractor;
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(4) proposed terms and conditions of the single
prime contract, including fee and incentives for
achieving the target cost, and for savings below the
target cost; and
(5) a requirement that each proposal be accom-
panied by a plan by the proposer to privatize the
space shuttle program.
(c) PRIVATIZATION PLANS.—The Administrator shall
forward all privatization plans received pursuant to sub-
section (b)(5) to the Congress not later than 30 days after
the deadline for submitting proposals under subsection
(b).
(d) LIMITATION ON USE OF FUNDS.—None of the
funds authorized by this title shall be used to plan or pre-
pare for Federal Government, or federally contracted, op-
eration of the Space Shuttle beyond the year 2012, nor
for studying, designing, or developing upgrades to the
Shuttle whose sole purpose is to extend the operational
life of the Space Shuttle system beyond 2012. Nothing in
this title shall preclude the Federal, or federally con-
tracted, operation of the Space Shuttle through the year
2012, or the privatized operation of the Space Shuttle
after the year 2012.
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SEC. 250. AERONAUTICAL RESEARCH AND TECHNOLOGY
FACILITIES.
Notwithstanding any other provision of law, no funds
may be obligated for fiscal year 1996 for Aeronautical Re-
search and Technology programs of the National Aero-
nautics and Space Administration in excess of amounts
authorized by this title, except to the extent that the Ad-
ministrator receives from non-Federal sources full reim-
bursement of such excess amounts through payment of
costs associated with research at the aeronautical research
and technology facilities of the National Aeronautics and
Space Administration.
SEC. 251. 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.
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SEC. 252. 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,
through issuance of one or more long-term, renewable,
block purchase contracts for the performance of such oper-
ations by United States private sectors providers.
(2) Within 30 days after the date of the enactment
of this Act, the Administrator shall issue a request for
proposals to provide services as described in paragraph
(1). The Administrator shall coordinate the process of re-
view of such proposals, and shall oversee the transfer of
such operations to the private sector.
(3) Within 6 months after the issuance of a request
for proposals under paragraph (2), the Administrator shall
award one or more contracts for microgravity parabolic
flight services, and shall cease all National Aeronautics
and Space Administration-operated parabolic aircraft
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SEC. 256. 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’’.
TITLE III—DEPARTMENT OF
ENERGY
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Department of Energy
Civilian Research and Development Act of 1995’’.
SEC. 302. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘CERN’’ means the European Or-
ganization for Nuclear Research;
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(2) the term ‘‘Department’’ means the Depart-
ment of Energy;
(3) the term ‘‘Large Hadron Collider project’’
means the Large Hadron Collider project at CERN;
(4) the term ‘‘major construction project’’
means a civilian development, demonstration, or
commercial application protect whose construction
costs are estimated to exceed $100,000,000 over the
life of the project;
(5) the term ‘‘Secretary’’ means the Secretary
of Energy;
(6) the term ‘‘substantial construction project’’
means a civilian research, development, demonstra-
tion, or commercial application project whose con-
struction costs are estimated to exceed $10,000,000,
but not to exceed $100,000,000, over the life of the
project; and
(7) the term ‘‘substantial equipment acquisi-
tion’’ means the acquisition of civilian research, de-
velopment, demonstration, or commercial application
equipment 
at 
a 
cost 
estimated 
to 
exceed
$10,000,000 for the entire acquisition.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS
(a) ENERGY SUPPLY RESEARCH AND DEVELOPMENT
ACTIVITIES.—There are authorized to be appropriated to
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the Secretary for fiscal year 1996 for Energy Supply Re-
search and Development operating, capital equipment, and
construction the following amounts:
(1) 
Solar 
and 
Renewable 
Energy,
$235,451,000, of which—
(A) $235,331,000 shall be for operating and
capital equipment; and
(B) $120,000 shall be for construction of
Project GP–C–002, General Plant Projects, National
Renewable Energy Laboratory.
(2) Nuclear Energy, $270,448,000, of which—
(A) $267,748,000 shall be for operating
and capital equipment, including, subject to sec-
tion 304(c), $14,000,000 for the AP600 light
water reactor;
(B) $1,000,000 shall be for construction of
Project GPN–102, General Plant Projects, Ar-
gonne National Laboratory-West, Idaho; and
(C) $1,700,000 shall be for completion of
construction of Project 95–E–207, Modifica-
tions to Reactors, Experimental Breeder Reac-
tor–II, Sodium Processing Facility, Argonne
National Laboratory-West, Idaho.
(3) 
Environment, 
Safety, 
and 
Health,
$128,433,000 for operating and capital equipment.
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(4) Biological and Environmental Research,
$369,645,000, of which—
(A) $313,550,000 shall be for operating
and capital equipment;
(B) $3,500,000 shall be for construction of
Project GPE–120, General Plant Projects, Var-
ious Locations;
(C) $5,700,000 shall be for construction of
Project 94–E–339, Human Genome Labora-
tory, Lawrence Berkeley Laboratory;
(D) $4,295,000 shall be for completion of
construction of Project 94–E–338, Structural
Biology Facility, Argonne National Laboratory;
(E) $2,600,000 shall be for completion of
construction of Project 94–E–337, ALS Struc-
tural Biology Support Facilities, Lawrence
Berkeley Laboratory; and
(F) $40,000,000 shall be for construction
of Project 91–EM–100, Environmental Molecu-
lar Sciences Laboratory, Pacific Northwest
Laboratory.
(5) Fusion Energy, $254,144,000, of which—
(A) $245,144,000 shall be for operating
and capital equipment for Magnetic Fusion En-
ergy;
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(B) $4,800,000 shall be for operating and
capital equipment for Inertial Fusion Energy;
(C) $1,000,000 shall be for construction of
Project GPE–900, General Plant Projects, Var-
ious Locations; and
(D) $3,200,000 shall be for construction of
Project 96–E–310, Elise Project, Lawrence
Berkeley Laboratory.
(6) Basic Energy Sciences, $827,981,000, of
which—
(A) $805,412,000 shall be for operating
and capital equipment, including $60,000,000
for the Scientific Facilities Initiative;
(B) $4,500,000 shall be for construction of
Project GPE–400, General Plant Projects, Var-
ious Locations;
(C) $12,883,000 shall be for construction
of Project 96–E–305, Accelerator and Reactor
Improvements and Modifications;
(D) $3,186,000 shall be for completion of
construction of Project 89–R–402, 6–7 GeV
Synchrotron Radiation Source, Argonne Na-
tional Laboratory; and
(E) $2,000,000 shall be for construction of
Project 87–R–405, Combustion Research Facil-
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ity, Phase II, Sandia National Laboratories-
Livermore.
(7) Advisory and Oversight Program Direction,
$6,200,000 for operating.
(8) Policy and Management—Energy Research,
$2,200,000 for operating.
(9) Multiprogram Energy Laboratories—Facili-
ties Support—
(A) $15,539,000 shall be for operating and
capital equipment;
(B) $8,740,000 shall be for construction of
Project GPE–801, General Plant Projects, Var-
ious Locations;
(C) $8,740,000 shall be for construction of
Project 95–E–310, Multiprogram Laboratory
Rehabilitation, Phase 1, Pacific Northwest Lab-
oratory;
(D) $1,500,000 shall be for construction of
Project 95–E–303, Electrical Safety Rehabilita-
tion, Pacific Northwest Laboratory;
(E) $3,270,000 shall be for completion of
construction of Project 95–E–302, Applied
Science Center, Phase 1, Brookhaven National
Laboratory;
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(F) $2,500,000 shall be for construction of
Project 95–E–301, Central Heating Plant Re-
habilitation, Phase 1, Argonne National Lab-
oratory;
(G) $2,038,000 shall be for construction of
Project 94–E–363, Roofing Improvements, Oak
Ridge National Laboratory;
(H) $440,000 shall be for completion of
construction of Project 94–E–351, Fuel Stor-
age and Transfer Facility Upgrade, Brookhaven
National Laboratory;
(I) $800,000 shall be for construction of
Project 96–E–332, Building 801 Renovations,
Brookhaven National Laboratory;
(J) $2,400,000 shall be for completion of
construction of Project 96–E–331, Sanitary
Sewer Restoration, Phase I, Lawrence Berkeley
Laboratory;
(K) $1,200,000 shall be for construction of
Project 96–E–330, Building Electrical Service
Upgrade, Phase I, Argonne National Labora-
tory;
(L) $2,480,000 shall be for construction of
Project 95–E–309, Loss Prevention Upgrade-
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Electrical Substations, Brookhaven National
Laboratory;
(M) $1,540,000 shall be for construction
of Project 95–E–308, Sanitary System Modi-
fications, Phase II, Brookhaven National Lab-
oratory;
(N) $1,000,000 shall be for construction of
Project 95–E–307, Fire Safety Improvements,
Phase III, Argonne National Laboratory;
(O) $1,288,000 shall be for completion of
construction of Project 93–E–324, Hazardous
Materials 
Safeguards, 
Phase 
I, 
Lawrence
Berkeley Laboratory;
(P) $1,130,000 shall be for completion of
construction of Project 93–E–323, Fire and
Safety Systems Upgrade, Phase I, Lawrence
Berkeley Laboratory; and
(Q) $2,411,000 shall be for construction of
Project 93–E–320, Fire and Safety Improve-
ments, Phase II, Argonne National Laboratory.
Notwithstanding subparagraphs (A) through (Q),
the total amount authorized under this paragraph
shall not exceed $39,327,000.
(10) Technical Information Management Pro-
gram, $14,394,000, of which—
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(A) $12,894,000 shall be for operating and
capital equipment; and
(B) $1,500,000 shall be for construction of
Project 95–A–500, Heating, Venting, and Air
Conditioning Retrofits, Oak Ridge.
(11) 
Environmental 
Management,
$644,197,000, of which—
(A) $627,127,000 shall be for operating
and capital equipment;
(B) $339,000 shall be for completion of
construction of Project 92–E–601, Melton Val-
ley Liquid Low-Level Waste Collection and
Transfer System Upgrade, Oak Ridge National
Laboratory;
(C) $4,000,000 shall be for construction of
Project 88–R–830, Bethel Valley Liquid Low-
Level Waste Collection and Transfer System
Upgrade, Oak Ridge National Laboratory;
(D) $2,255,000 shall be for construction of
Project GPN–103, Oak Ridge Landlord Gen-
eral Plant Projects;
(E) $730,000 shall be for construction of
Project GPN–102, Test Reactor Area Landlord
General Plant Projects, Idaho National Engi-
neering Laboratory;
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(F) $1,900,000 shall be for construction of
Project 95–E–201, Test Reactor Area Landlord
Fire and Life Safety Improvements, Idaho Na-
tional Engineering Laboratory;
(G) $2,040,000 shall be for construction of
Project GPE–600, General Plant Projects,
Waste Management, Non-Defense, Various Lo-
cations;
(H) $300,000 shall be for construction of
Project 94–E–602, Bethel Valley Federal Facil-
ity Agreement Upgrades, Oak Ridge National
Laboratory;
(I) $4,048,000 shall be for construction of
Project 93–E–900, Dry Cast Storage, Idaho
National Engineering Laboratory;
(J) $787,000 shall be for construction of
Project 91–E–602, Rehabilitation of Waste
Management Building 306, Argonne National
Laboratory; and
(K) $671,000 shall be for completion of
construction of Project 88–R–812, Hazardous
Waste Handling Facility, Lawrence Berkeley
Laboratory.
(b) GENERAL SCIENCE
AND RESEARCH ACTIVI-
TIES.—There are authorized to be appropriated to the
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Secretary for fiscal year 1996 for General Science and Re-
search Activities operating, capital equipment, and con-
struction the following amounts:
(1) High Energy Physics, $680,137,000, of
which—
(A) $554,191,000 shall be for operating
and capital equipment, including $15,000,000
for the Scientific Facilities Initiative;
(B) $12,146,000 shall be for construction
of Project GPE–103, General Plant Projects,
Various Locations;
(C) $9,800,000 shall be for construction of
Project 96–G–301, Accelerator Improvements
and Modifications, Various Locations;
(D) $52,000,000 shall be for construction
of Project 94–G–305, B-Factory, Stanford Lin-
ear Accelerator Center; and
(E) $52,000,000 shall be for construction
of Project 92–G–302, Fermilab Main Injector,
Fermi National Accelerator Center.
(2) Nuclear Physics, $316,873,000, of which—
(A) $239,773,000 shall be for operating
and capital equipment, including $25,000,000
for the Scientific Facilities Initiative;
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(B) $3,900,000 shall be for construction of
Project GPE–300, General Plant Project, Var-
ious Locations;
(C) $3,200,000 shall be for construction of
Project 96–G–302, Accelerator Improvements
and Modifications, Various Locations; and
(D) $70,000,000 shall be for construction
of Project 91–G–300, Relativistic Heavy Ion
Collider, Brookhaven National Laboratory.
(3) Program Direction, $9,500,000.
(c) FOSSIL ENERGY RESEARCH
AND DEVELOP-
MENT.—There are authorized to be appropriated to the
Secretary for fiscal year 1996 for Fossil Energy Research
and Development operating, capital equipment, and con-
struction the following amounts:
(1) Coal, $49,955,000 for operating.
(2) Oil Technology, $43,234,000 for operating,
including maintaining programs at the National In-
stitute for Petroleum and Energy Research.
(3) Gas, $59,829,000 for operating.
(4) Program Direction and Management Sup-
port, $45,535,000 for operating.
(5) Capital Equipment, $476,000.
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(6) Construction of Project GPF–100, General
Plant Projects for Energy Technology Centers,
$1,994,000.
(7) Cooperative Research and Development,
$7,557,000.
(8) Fossil Energy Environmental Restoration,
$12,370,000.
(d) ENERGY CONSERVATION RESEARCH AND DEVEL-
OPMENT.—There are authorized to be appropriated to the
Secretary for fiscal year 1996 for Energy Conservation
Research and Development operating and capital equip-
ment the following amounts:
(1) Buildings Sector, $55,074,000.
(2) Industry Sector, $55,110,000.
(3) Transportation Sector, $112,123,000.
(4) Technical and Financial Assistance (Non-
Grants), $7,813,000.
SEC. 304. FUNDING LIMITATIONS.
(a) FISCAL YEAR 1996 APPROPRIATIONS.—None of
the funds authorized by this title may be used for the fol-
lowing programs, projects, and activities:
(1) Solar Buildings Technology Research.
(2) Solar International Program.
(3) Solar Technology Transfer.
(4) Solar Program Support.
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(5) Hydropowder.
(6) Space Power Reactor Systems.
(7) Nuclear Energy Facilities.
(8) Soviet-Designed Reactor Safety.
(9) Russian Replacement Power Initiative.
(10) Civilian Radioactive Waste Research and
Development.
(11) Tokamak Physics Experiment.
(12) Advanced Neutron Source.
(13) Energy Research Analysis.
(14) Energy Research Laboratory Technology
Transfer.
(15) University and Science Education.
(16) Technology Partnerships.
(17) In-House Energy Management.
(18) Direct Liquefaction.
(19) Indirect Liquefaction.
(20) Systems for Coproducts.
(21) High Efficiency-Integrated Gasification
Combined Cycle.
(22) High 
Efficiency-Pressurized 
Fluidized
Bed.
(23) Technical and Economic Analysis.
(24) International Program Support.
(25) Coal Technology Export.
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(26) Gas Delivery and Storage.
(27) Gas Utilization,
(28) Fuel Cells Climate Change Action Plan.
(29) Fuels Conversion, Natural Gas, and Elec-
tricity.
(30) Clean Coal Technology Program.
(31) Buildings Sector Implementation and De-
ployment.
(32) Industry Sector Municipal Solid Wastes.
(33) Industry Sector Implementation and De-
ployment.
(34) Alternative Fuels Utilization.
(35) Transportation Sector Implementation and
Deployment.
(36) Utility Sector Integrated Resource Plan-
ning.
(37) International Market Development.
(38) Inventions and Innovation Program.
(39) Municipal Energy Management.
(40) Information and Communications.
(41) Policy and Management—Energy Con-
servation.
(42) Gas Turbine-Modular Helium Reactor.
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(b) PRIOR FISCAL YEAR OBLIGATION AND EXPENDI-
TURE.—No funds may be available for obligation or ex-
penditure with respect to the following:
(1) University of Nebraska Medical Center
Transplant Center.
(2) Oregon Health Sciences University.
(3) Conduct of any rulemaking activities relat-
ing to determinations for or prescriptions of new or
amended standards with respect to Lighting and Ap-
pliance Standards and Building Standards and
Guidelines, including the promulgation or issuance
of notices of proposed rulemakings, proposed rules,
or final rules.
(c) LIGHT WATER REACTOR MATCHING FUNDS.—
Funds appropriated for the AP600 light water reactor
pursuant to section 303(a)(2)(A) shall be available only
to the extent that matching private sector funds are pro-
vided for such project, and subject to the condition that
such Federal funds shall be repaid to the United States
out of royalties on the first commercial sale of such reactor
design.
SEC. 305. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
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1996 for the activities for which sums are authorized by
this title unless such sums are specifically authorized to
be appropriated by this title.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities for which sums are authorized
by this title unless such sums are specifically authorized
to be appropriated by Act of Congress with respect to such
fiscal year.
SEC. 306. MERIT REVIEW REQUIREMENT FOR AWARDS OF
FINANCIAL ASSISTANCE.
(a) MERIT REVIEW REQUIREMENT.—The Secretary
may not award financial assistance to any person for civil-
ian research, development, demonstration, or commercial
application activities, including related facility construc-
tion, unless an objective merit review process is used to
award the financial assistance.
(b) REQUIREMENT OF SPECIFIC MODIFICATION OF
MERIT REVIEW PROVISION.—
(1) IN GENERAL.—A provision of law may not
be construed as modifying or superseding subsection
(a), or as requiring that financial assistance be
awarded by the Secretary in a manner inconsistent
with subsection (a), unless such provision of law—
(A) specifically refers to this section;
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(B) specifically that such provision of law
modifies or supersedes subsection (a); and
(C) specifically identifies the person to be
awarded the financial assistance and states that
the financial assistance to be awarded pursuant
to such provision of law is being awarded in a
manner inconsistent with subsection (a).
(2) NOTICE AND WAIT REQUIREMENT.—No fi-
nancial assistance may be awarded pursuant to a
provision of law that requires or authorizes the
award of the financial assistance in a manner incon-
sistent with subsection (a) until—
(A) the Secretary submits to the Congress
a written notice of the Secretary’s intent to
award the financial assistance; and
(B) 180 days has elapsed after the date on
which the notice is received by the Congress.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘objective merit review process’’
means a thorough, consistent, and independent ex-
amination of requests for financial assistance based
on preestablished criteria and scientific and technical
merit by persons knowledgeable in the field for
which the financial assistance is requested.
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(2) The term ‘‘financial assistance’’ means the
transfer of funds or property to a recipient or sub-
recipient to accomplish a public purpose of support
or stimulation authorized by Federal law. Such term
includes 
grants, 
cooperative 
agreements, 
and
subawards but does not include cooperative research
and development agreements as defined in section
12(d)(1) of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a(d)(1)), nor
any grant that calls upon the National Academy of
Sciences, the National Academy of Engineering, the
Institute of Medicine, or the National Academy of
Public Administration to investigate, examine, or ex-
periment upon any subject of science or art and to
report on such matters to Congress or any agency
of the Federal Government.
SEC. 307. POLICY ON CAPITAL PROJECTS AND CONSTRUC-
TION.
(a) REQUIREMENT OF PRIOR AUTHORIZATION.—(1)
No funds are authorized to be appropriated to the Sec-
retary for any substantial construction project, substantial
equipment acquisition, or major construction project un-
less a report on such project or acquisition has been pro-
vided to Congress in accordance with subsection (b).
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(2) The Secretary may not obligate any funds for any
substantial construction project, substantial equipment ac-
quisition, or major construction project unless such project
or acquisition has been specifically authorized by statute.
(3) This subsection may not be amended or modified
except by specific reference to this subsection.
(b) REPORTS TO CONGRESS.—(1) Within 180 days
after the date of the enactment of this Act, the Secretary
shall submit to the Congress a report that identifies all
construction projects and acquisitions of the Department
described in subsection (a) for which the preliminary de-
sign phase is completed but the construction or acquisition
is not completed. Such report shall include—
(A) an estimate of the total cost of completion
of the construction project or acquisition, itemized
by individual activity and by fiscal year; and
(B) an identification of which construction
projects or acquisitions have not been specifically au-
thorized by statute.
The Secretary shall annually update and resubmit the re-
port required by this paragraph, as part of the report re-
quired under section 15 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5914).
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(2) The Secretary shall, after completion of the pre-
liminary design phase of a major construction project,
submit to the Congress a report containing—
(A) an estimate of the total cost of construction
of the facility;
(B) an estimate of the time required to com-
plete construction;
(C) an estimate of the annual operating costs of
the facility;
(D) the intended useful operating life of the fa-
cility; and
(E) an identification of any existing facilities to
be closed as a result of the operation of the facility.
SEC. 308. FURTHER AUTHORIZATIONS.
Nothing in this title shall preclude further authoriza-
tion of appropriations for civilian research, development,
demonstration, and commercial application activities of
the Department of Energy for fiscal year 1996: Provided,
That authorization allocations adopted by the Conference
Committee on House Concurrent Resolution 67, and ap-
proved by Congress, allow for such further authorizations.
SEC. 309. HIGH ENERGY AND NUCLEAR PHYSICS.
(a) LARGE HADRON COLLIDER PROJECT.—
(1) NEGOTIATIONS.—The Secretary, in con-
sultation with the Director of the National Science
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Foundation and the Secretary of State, shall enter
into negotiations with CERN concerning United
States participation in the planning and construction
of the Large Hadron Collider project, and shall en-
sure that any agreement incorporates provisions to
protect the United States investment in the project,
including provisions for—
(A) fair allocation of costs and benefits
among project participants;
(B) a limitation on the amount of United
States contribution to project construction and
an estimate of the United States contribution to
subsequent operating costs;
(C) a cost and schedule control system for
the total project;
(D) a preliminary statement of costs and
the schedule for all component design, testing,
and fabrication, including technical, goals and
milestones, and a final statement of such costs
and schedule within 1 year after the date on
which the parties enter into the agreement;
(E) a preliminary statement of costs and
the schedule for total project construction and
operation, including technical goals and mile-
stones, and a final statement of such costs and
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schedule within 1 year after the date on which
the parties enter into the agreement;
(F) reconsideration of the extent of United
States participation if technical or operational
milestones described in subparagraphs (D) and
(E) are not met, or if the project falls signifi-
cantly behind schedule;
(G) conditions of access for United States
and other scientists to the facility; and
(H) a process for addressing international
coordination and cost sharing on high energy
physics projects beyond the Large Hadron
Collider.
(2) OTHER INTERNATIONAL NEGOTIATIONS.—
Nothing in this title shall be construed to preclude
the President from entering into negotiations with
respect to international science agreements.
(b) REPORT
TO CONGRESS.—Before January 1,
1996, the Secretary, in consultation with the Director of
the National Science Foundation and with the high energy
and nuclear physics communities, shall prepare and trans-
mit to the Congress a strategic plan for the high energy
and nuclear physics activities of the Department, assum-
ing a combined budget of $950,000,000 for all activities
authorized under section 303(b) for fiscal year 1997, and
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assuming a combined budget of $900,000,000 for all ac-
tivities authorized under section 303(b) for each of the
fiscal years 1998, 1999, and 2000. The report shall in-
clude—
(1) a list of research opportunities to be pur-
chased including both ongoing and proposed activi-
ties;
(2) an analysis of the relevance of each research
facility to the research opportunities listed under
paragraph (1);
(3) a statement of the optimal balance among
facility operations, construction, and research sup-
port and the optimal balance between university and
laboratory research programs;
(4) schedules for the continuation, consolida-
tion, or termination of each research program, and
continuation, upgrade, transfer, or closure of each
research facility; and
(5) a statement by project of efforts to coordi-
nate research projects with the international commu-
nities to maximize the use of limited resources and
avoid unproductive duplication of efforts.
SEC. 310. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
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islation pending before the Congress, except that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of the public business.
SEC. 311. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Secretary shall exclude from
consideration for awards of financial assistance made by
the Department after fiscal year 1995 any person who re-
ceived funds, other than those described in subsection (b),
appropriated for a fiscal year after fiscal year 1995, from
any Federal funding source for a project that was not sub-
jected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall
be effective for a period of 5 years after the person re-
ceives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
by law for which assistance is awarded to members of the
class according to a formula provided by law.
SEC. 312. TERMINATION COSTS.
Unobligated funds previously appropriated for the
Clean Coal Technology program may be used to pay costs
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associated with the termination of Energy Supply Re-
search and Development, General Science and Research,
Fossil Energy Research and Development, and Energy
Conservation Research and Development programs,
projects, and activities of the Department.
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 1995’’.
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-
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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, $472,338,000 for fiscal year 1996.
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.—There are authorized to
be appropriated to the Secretary to enable the National
Oceanic and Atmospheric Administration to carry out the
public warning and forecast systems duties of the National
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Weather Service, $79,034,000 for fiscal year 1996. Such
duties include the development, acquisition, and imple-
mentation of major public warning and forecast systems.
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 Atmos-
pheric Administration Authorization Act of 1992 (Public
Law 102–567). None of the funds authorized by such sec-
tion 102(b) shall be expended for a particular NEXRAD
installation unless—
(1) 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
(2) it is to be used only for spare parts, not as
an installation at a particular site.
(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-
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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), $16,952,000 for fiscal year
1996 are authorized to be appropriated to the Secretary,
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 AUTHORIZATION.—Of the sums author-
ized in subsection (b), there are authorized to be appro-
priated to the Secretary $52,097,000 for fiscal year 1996,
to remain available until expended, for—
(1) the acquisition and deployment of the Ad-
vanced Weather Interactive Processing System and
NOAA Port and associated activities; and
(2) associated program management and oper-
ations and maintenance.
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(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, $20,628,000 for fiscal year 1996. Such
activities include planning, design, and land acquisition re-
lated to such offices.
(g) STREAMLINING WEATHER SERVICE MODERNIZA-
TION.—
(1) REPEALS.—Sections 706 and 707 of the
Weather Service Modernization Act (15 U.S.C. 313
note) are repealed.
(2) CONFORMING AMENDMENTS.—The Weather
Service Modernization Act (15 U.S.C. 313 note) is
amended—
(A) in section 702, by striking paragraph
(3) and redesignating paragraphs (4) through
(10) as paragraphs (3) through (9), respec-
tively, and
(B) in section 703—
(i) by striking ‘‘(a) NATIONAL IMPLE-
MENTATION PLAN.—’’;
(ii) by striking paragraph (3) and re-
designating paragraphs (4), (5), and (6) as
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(c) GLOBE AUTHORIZATION.—There are authorized
to be appropriated to the Secretary to enable the National
Oceanic and Atmospheric Administration to carry out the
Global Learning and Observations to Benefit the Environ-
ment program, $7,000,000 for fiscal year 1996.
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,
$319,448,000 for fiscal year 1996, 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 $184,425,000 for fiscal year
1996, to remain available until expended, for the procure-
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ment of Polar Orbiting Environmental Satellites, K, L, M,
N, and N1, and the procurement of the launching and sup-
porting ground systems of such satellites.
(c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL
SATELLITES.—Of the sums authorized in subsection (a),
there are authorized to be appropriated to the Adminis-
trator $46,300,000 for fiscal year 1996, to remain avail-
able until expended—
(1) to procure up to three additional Geo-
stationary Operational Environmental NEXT Sat-
ellites (GOES I–M clones) and instruments; and
(2) for contracts, and amendments or modifica-
tions of contracts, with the developer of previous
GOES-NEXT satellites for the acquisition of the ad-
ditional satellites and instruments described in para-
graph (1).
(d) 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, $35,665,000 for fiscal
year 1996. Such duties include climate data services, geo-
physical data services, and environmental assessment and
information services.
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(e) 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 1996, $39,500,000, 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.
Subtitle B—Marine Research
SEC. 421. NATIONAL OCEAN SERVICE.
(a) MAPPING AND CHARTING.—There are authorized
to be appropriated to the Secretary, to enable the National
Oceanic and Atmospheric Administration to carry out
mapping and charting activities under the Act of 1947 and
any other law involving those activities, $29,149,000.
(b) GEODESY.—There are authorized to be appro-
priated to the Secretary, to enable the National Oceanic
and Atmospheric Administration to carry out geodesy ac-
tivities under the Act of 1947 and any other law involving
those activities, $19,927,000 for fiscal year 1996.
(c) OBSERVATION AND PREDICTION.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary, to enable the Na-
tional Oceanic and Atmospheric Administration to
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carry out observation and prediction activities under
the Act of 1947 and any other law involving those
activities, $11,279,000 for fiscal year 1996.
(2) CIRCULATORY SURVEY PROGRAM.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and Atmos-
pheric Administration to carry out the Circulatory
Survey Program, $695,000 for fiscal year 1996.
(3) OCEAN AND EARTH SCIENCES.—In addition
to amounts authorized under paragraph (1), there
are authorized to be appropriated to the Secretary,
to enable the National Oceanic and Atmospheric Ad-
ministration to carry out ocean and earth science ac-
tivities, $4,231,000 for fiscal year 1996.
(d) ESTUARINE AND COASTAL ASSESSMENT.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary, to enable the Na-
tional Oceanic and Atmospheric Administration to
support estuarine and coastal assessment activities
under the Act of 1947 and any other law involving
those activities, $1,171,000 for fiscal year 1996.
(2) 
OCEAN
ASSESSMENT.—In 
addition 
to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary, to
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enable the National Oceanic and Atmospheric Ad-
ministration to carry out the National Status and
Trends Program, the Strategic Environmental As-
sessment Program, and the Hazardous Materials
Response Program, $8,401,000 for fiscal year 1996.
(3) DAMAGE ASSESSMENT PROGRAM.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and Atmos-
pheric Administration to carry out the Damage As-
sessment Program, $585,000 for fiscal year 1996.
(4) COASTAL OCEAN PROGRAM.—In addition to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary, to
enable the National Oceanic and Atmospheric Ad-
ministration to carry out the Coastal Ocean Pro-
gram, $9,158,000 for fiscal year 1996.
SEC. 422. OCEAN AND GREAT LAKES RESEARCH.
(a) MARINE PREDICTION RESEARCH.—There are au-
thorized to be appropriated to the Secretary, to enable the
National Oceanic and Atmospheric Administration to
carry out marine prediction research activities under the
Act of 1947, the Act of 1890, and any other law involving
those activities, $13,763,000 for fiscal year 1996.