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term of such written agreement, that fully accounts
for the disposition of the funds paid or transferred,
including information with respect to the preceding
month on—
(A) the amount of the funds received, and
the date of receipt;
(B) the amount of the funds converted
from United States currency, the currency into
which the funds have been converted, and the
date and rate of conversion;
(C) the amount of non-United States cur-
rency, and of United States currency, that is
disbursed to any contractor or subcontractor,
the identity of such contractor or subcontractor,
and the date of disbursement; and
(D) the balance of the funds not disbursed
as of the date of the report;
(4) Russia has provided all monthly reports
with respect to which an agreement was made pur-
suant to paragraph (3); and
(5) the President, before such payment or
transfer and annually upon submission of the Presi-
dent’s budget request for fiscal years after fiscal
year 1996, has certified to the Congress that—
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(A) the presence of any troops of the Rus-
sian Federation or the Commonwealth of Inde-
pendent States; and
(B) any action by the Russian Federation
or the Commonwealth of Independent States, in
Estonia, Latvia, Lithuania, or any other inde-
pendent state of the former Soviet Union do not
violate the sovereignty of those independent
states.
(b) DEFINITION.—For purposes of this section, the
term ‘‘Russia’’ means the Government of the Russian
Federation, the Russian Space Agency, or any agency or
instrumentality of the Government of the Russian Federa-
tion or the Russian Space Agency.
Subtitle C—Miscellaneous
Provisions
SEC. 241. 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.’’;
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(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);
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(H) by inserting ‘‘reentry sites,’’ after
‘‘launch sites,’’ in subsection (a)(9);
(I) by inserting ‘‘and reentry site’’ after
‘‘launch site’’ in subsection (a)(9);
(J) by inserting ‘‘reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (b)(2);
(K) by striking ‘‘launch’’ in subsection
(b)(2)(A);
(L) by inserting ‘‘and reentry’’ after ‘‘com-
mercial launch’’ in subsection (b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ in subsection (b)(4);
(3) in section 70102—
(A) by inserting ‘‘from Earth’’ after ‘‘and
any payload’’ in paragraph (3);
(B) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(C) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return or
attempt to return, purposefully, a reentry vehicle
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and its payload, if any, from Earth orbit, from exo-
atmospheric flight, or from outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to return from
outer space or exo-atmospheric flight to Earth, sub-
stantially intact.’’; and
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(B) of this paragraph;
(4) in section 70103(b)—
(A) by inserting ‘‘AND REENTRIES’’ after
‘‘LAUNCHES’’ in the subsection heading;
(B) by inserting ‘‘and reentries’’ after
‘‘space launches’’ in paragraph (1); and
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(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 reen-
ter 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
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(iii) by inserting ‘‘or reentry’’ after
‘‘decides the launch’’;
(6) in section 70105—
(A) by inserting ‘‘or reentry site, or re-
entry 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’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’;
(8) in section 70108—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70108. 
Prohibition, 
suspension, 
and 
end 
of
launches, operation of launch sites and
reentry sites, and reentries’’;
and
(B) in subsection (a)—
(i) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘oper-
ation of a launch site’’; and
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(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
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(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 ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(B) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(C) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(E) by striking ‘‘or its payload for launch’’
in subsection (d) and inserting in lieu thereof
‘‘or reentry vehicle, or the payload of either, for
launch or reentry’’; and
(F) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (d);
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(12) in section 70112—
(A) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(B) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (a)(4);
(C) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(D) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
(E) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(F) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e);
(13) in section 70113(a)(1) and (d)(1) and (2),
by inserting ‘‘or reentry’’ after ‘‘one launch’’ each
place it appears;
(14) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘launch vehicle’’ both places it appears;
(15) in section 70117—
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(A) by inserting ‘‘or reentry site or reenter
a reentry vehicle’’ after ‘‘operate a launch site’’
in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN
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,’’;
(ii) by striking ‘‘or’’ at the end of
paragraph (1);
(iii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2);
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(iv) by striking the period at the end
of paragraph (2) and inserting in lieu
thereof ‘‘; or’’; and
(v) by adding at the end the following
new paragraph:
‘‘(3) any amateur and similar small rocket ac-
tivities, as defined by the Secretary by regulation.’’;
and
(16) in section 70119, by inserting the follow-
ing after paragraph (2):
‘‘There are authorized to be appropriated to the Secretary
of Transportation $6,000,000 to carry out this chapter for
fiscal year 1996. None of the funds authorized by this sec-
tion may be expended for policy development or analysis
activities not directly related to the Secretary’s regulatory
responsibilities under this chapter.’’.
(b) ADDITIONAL AMENDMENTS.—(1) Section 70105
of title 49, United States Code, is amended—
(A) by inserting ‘‘(1)’’ before ‘‘A person may
apply’’ in subsection (a);
(B) by striking ‘‘receiving an application’’ both
places it appears in subsection (a) and inserting in
lieu thereof ‘‘accepting an application in accordance
with criteria established pursuant to subsection
(b)(2)(D)’’;
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(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,
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United States Code, as added by paragraph (1)(F) of this
subsection.
(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-
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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—
(A) in subsection (a)(1), by inserting after sub-
paragraph (B) the following:
‘‘The Secretary shall establish criteria and procedures for
determining the priority of competing requests from the
private sector and State governments for property and
services under this section.’’;
(B) by striking ‘‘actual costs’’ in subsection
(b)(1) and inserting in lieu thereof ‘‘additive costs
only’’; and
(C) by inserting after subsection (b)(2) the fol-
lowing new paragraph:
‘‘(3) The Secretary shall ensure the establishment of
uniform guidelines for, and consistent implementation of,
this section by all Federal agencies.’’.
(7) Section 70112 of title 49, United States Code,
is amended—
(A) in subsection (a)(1), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘(1) When a’’;
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(B) in subsection (b)(1), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘(1)A’’; and
(C) in subsection (f), by inserting ‘‘launch, re-
entry, or site operator’’ after ‘‘carried out under a’’.
SEC. 242. OFFICE OF AIR AND SPACE COMMERCIALIZATION
AUTHORIZATION.
There are authorized to be appropriated to the Sec-
retary of Commerce for the activities of the Office of Air
and Space Commercialization, $457,000 for fiscal year
1996.
SEC. 243. REQUIREMENT FOR INDEPENDENT COST ANALY-
SIS.
The Chief Financial Officer for the National Aero-
nautics and Space Administration shall be responsible for
conducting independent cost analyses of all new projects
estimated to cost more than $5,000,000 and shall report
the results annually to Congress at the time of the submis-
sion of the President’s budget request. In developing cost
accounting and reporting standards for carrying out this
section, the Chief Financial Officer shall, to the extent
practicable and consistent with other laws, solicit the ad-
vice of expertise outside of the National Aeronautics and
Space Administration.
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SEC. 244. 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 (e) and redesignating
subsections (f) through (h) as subsections (e)
through (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:
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‘‘(c)(1) The Administrator, on the request of a pri-
vate sector entity, shall delay for a period of at least one
day, but not to exceed 5 years, the unrestricted public dis-
closure of technical data in the possession of, or under
the control of, the Administration that has been generated
in the performance of experimental, developmental, or re-
search activities or programs funded jointly by the Admin-
istration and such private sector entity.
‘‘(2) Within 1 year after the date of the enactment
of the National Aeronautics and Space Administration Au-
thorization Act, Fiscal Year 1996, the Administrator shall
issue regulations to carry out this subsection. Paragraph
(1) shall not take effect until such regulations are issued.
‘‘(3) Regulations issued pursuant to paragraph (2)
shall include—
‘‘(A) guidelines for a determination of whether
data is technical data within the meaning of this
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
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‘‘(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) Along with the initial publication of proposed
regulations under paragraph (2), the Administrator shall
include a list of those experimental, developmental, or re-
search activities or programs conducted by, or funded in
whole or in part by, the Administration that may result
in products or processes of significant value in maintain-
ing leadership or competitiveness in civil and governmental
aeronautical and space activities by the United States in-
dustrial base. Such list shall be updated biannually.
‘‘(5) The Administrator shall annually report to the
Congress all determinations made under paragraph (1).
‘‘(6) 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
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have significant value in maintaining leadership or com-
petitiveness in civil and governmental aeronautical and
space activities by the United States industrial base.’’.
SEC. 245 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, and for the eval-
uation of such concepts by the National Aeronautics
and Space Administration’s Advisory Council against
mission requirements.
(3) REQUIREMENT.—At least 1 percent of
amounts authorized to be appropriated under section
212(a)(4) shall be used for innovative technology
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procurements 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-
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trator has certified to the Congress that the Administrator
reviewed existing National Aeronautics and Space Admin-
istration and other federally owned facilities, including
military facilities scheduled for closing or reduction, and
found no such facilities appropriate for the intended use.
SEC. 247. PURCHASE OF SPACE SCIENCE DATA.
(a) IN GENERAL.—To the maximum extent possible,
the National Aeronautics and Space Administration shall
purchase from the private sector space science data. Ex-
amples of such data include scientific data concerning the
elemental and mineralogical resources of the moon and the
planets, Earth environmental data obtained through re-
mote sensing observations, and solar storm monitoring.
(b) COMPETITIVE BIDDING.—(1) Contracts for the
purchase of space data under this section shall be awarded
in a process of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the purposes
of supporting the bid of fulfillment of the contract, shall
not be required of bidders.
(3) 
Conformance 
with 
military 
specifications
(Milspec) or National Aeronautics and Space Administra-
tion specifications systems with respect to the design, con-
struction, or operation of equipment used in obtaining
space science data under contracts entered into under this
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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 ON 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.
(e) SAFE OPERATION.—In reviewing proposals for
moving to a single prime contractor the Administrator
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shall give priority to continued safe operation of space
transportation systems.
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
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(3) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
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 60 days after the date of the enactment
of this Act, the Administrator shall issue a request for
proposals to provide services which meet the microgravity
flight needs of the National Aeronautics and Space Ad-
ministration, as described in paragraph (1). The Adminis-
trator shall coordinate the process of review of such pro-
posals, and shall oversee the transfer of such operations
to the private sector as specified in paragraph (3).
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(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 to a microgravity flight provider certified
by the Federal Aviation Administration, and, except as
provided in paragraph (4), shall cease all National Aero-
nautics and Space Administration-operated parabolic air-
craft flights, and shall thereafter procure all microgravity
parabolic flight services from private sector providers. Na-
tional Aeronautics and Space Administration experi-
menters, and National Aeronautics and Space Administra-
tion-funded experimenters, who would otherwise use Na-
tional Aeronautics and Space Administration-owned or op-
erated microgravity parabolic flight aircraft, shall be is-
sued vouchers for the procurement of microgravity
parabolic flight services from the private 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.
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(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. 253. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Administrator shall exclude
from consideration for awards of financial assistance made
by the National Aeronautics and Space Administration
after fiscal year 1995 any person who received funds,
other than those described in subsection (b), appropriated
for a fiscal year after fiscal year 1995, from any Federal
funding source for a project that was not subjected to a
competitive, merit-based award process. Any exclusion
from consideration pursuant to this section shall be effec-
tive for a period of 5 years after the person receives such
Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified
by law for which assistance is awarded to members of the
class according to a formula provided by law.
SEC. 254. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this title shall be
available for any activity whose purpose is to influence leg-
islation pending before the Congress, except that this shall
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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. 255. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year
1996 for the activities for which sums are authorized by
this 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. 256. UNITARY WIND TUNNEL PLAN ACT OF 1949
AMENDMENTS.
The Unitary Wind Tunnel Plan Act of 1949 is
amended—
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(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. 257. 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
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of housing, extent of poverty, growth of per capita income,
extent of unemployment, job lag, or surplus labor.
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;
(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-
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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
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, Na-
tional 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-
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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.
(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;
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(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;
(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;
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(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-
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;
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(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;
(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;
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(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-
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
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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—
(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;
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(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;
(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;
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(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
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;
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(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;
(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
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Secretary for fiscal year 1996 for Fossil Energy Research
and Development operating, capital equipment, and con-
struction the following amounts:
(1) Coal, $121,265,000 for operating.
(2) Oil Technology, $55,714,000 for operating.
(3) Gas, $112,186,000 for operating.
(4) Program Direction and Management Sup-
port, $66,597,000 for operating.
(5) Capital Equipment, $1,701,000.
(6) Construction of Project GPF–100, General
Plant Projects for Energy Technology Centers,
$2,304,000.
(7) Cooperative Research and Development,
$6,295,000.
(8) Fossil Energy Environmental Restoration,
$14,919,000.
(9) Fuels Conversion, Natural Gas, and Elec-
tricity, $2,687,000.
(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, $88,645,000.
(2) Industry Sector, $109,518,000.
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(3) Transportation Sector, $176,568,000.
(4) Technical and Financial Assistance (Non-
Grants), $31,600,000.
(5) Policy and Management—Energy Conserva-
tion, $7,666,000.
(e) FISCAL YEAR 1997.—There are authorized to be
appropriated to the Secretary for fiscal year 1997 for op-
erating, capital equipment, and construction, the following
amounts:
(1) Energy Supply Research and Development
Activities, $2,600,000,000.
(2) General Science and Research Activities,
$950,000,000.
(3) Fossil Energy Research and Development,
$220,950,000.
(4) Energy Conservation Research and Develop-
ment, $230,120,000.
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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(26) Gas Delivery and Storage.
(27) Gas Utilization.
(28) Fuel Cells Climate Change Action Plan.
(29) Clean Coal Technology Program.
(30) Buildings Sector Implementation and De-
ployment.
(31) Industry Sector Municipal Solid Wastes.
(32) Industry Sector Implementation and De-
ployment.
(33) Alternative Fuels Utilization.
(34) Transportation Sector Implementation and
Deployment.
(35) Utility Sector Integrated Resource Plan-
ning.
(36) International Market Development.
(37) Inventions and Innovation Program.
(38) Municipal Energy Management.
(39) Information and Communications.
(40) Gas Turbine-Modular Helium Reactor.
(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.
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(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
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-
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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;
(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—
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(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.
(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-
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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).
(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—
100
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(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).
(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.
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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
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;
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(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
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.
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(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
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-
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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-
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),
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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.
Subject to further appropriations, unobligated funds
previously appropriated for the Clean Coal Technology
program may be used to pay costs associated with the ter-
mination of Energy Supply Research and Development,
General Science and Research, Fossil Energy Research
and Development, and Energy Conservation Research and
Development programs, projects, and activities of the De-
partment.
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’’.
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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.
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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-
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
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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.
(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.
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(g) WEATHER SERVICE MODERNIZATION.—Title VII
of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 is amended—
(1) in section 706—
(A) by amending subsection (b)(6) to read
as follows:
‘‘(6) any recommendations of the Committee
submitted under section 707(c) that evaluate the
certification.’’;
(B) by striking ‘‘60-day’’ in subsection
(c)(2) and inserting in lieu thereof ‘‘30-day’’;
(C) by amending subsection (d) to read as
follows:
‘‘(d) FINAL DECISION.—If the Secretary decides to
close, consolidate, automate, or relocate any such field of-
fice, the Secretary shall publish the certification in the
Federal Register and submit the certification to the Com-
mittee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of
Representatives.’’; and
(D) by amending subsection (f) to read as
follows:
‘‘(f) TRANSITION PROGRAM.—The Secretary shall
maintain for a period of at least two years after the clo-
sure of any weather office a program to—
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‘‘(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) by amending section 707(c) to read as fol-
lows:
‘‘(c) DUTIES.—The Committee may review any cer-
tification under section 706 for which the Secretary has
provided a notice of intent to certify in the plan, including
any certification for which there is a significant potential
for degradation of service within the affected area. Upon
the request of the Committee, the Secretary shall make
available to the Committee the supporting documents de-
veloped by the Secretary in connection with the certifi-
cation. The Committee shall evaluate any certification re-
viewed on the basis of the modernization criteria and with
respect to the requirement that there be no degradation
of service, and advise the Secretary accordingly.’’.
(h) NEXRAD OPERATIONAL AVAILABILITY AND RE-
LIABILITY.—(1) The Secretary of Defense, in conjunction
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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.
(i) REPORT.—Section 704 of the Weather Service
Modernization Act (15 U.S.C. 313 note) is amended by
adding at the end the following new subsection:
‘‘(c) REPORT.—The Secretary shall contract with the
National Research Council for a review of the NEXRAD
Network radar coverage pattern as indicated in the 1996
National Implementation Plan of the National Weather
Service for a determination of areas of inadequate radar
coverage. In conducting such a review, the National Re-
search Council shall prepare and submit to the Secretary,
no later than 6 months after the date of the enactment
of this Act, a report which assesses the feasibility of exist-
ing and future Federal Aviation Administration Terminal
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Doppler Weather Radars to provide reliable weather radar
data, in a cost-effective manner, to nearby weather fore-
cast offices. The Secretary shall report to the Committee
on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate, not later than 60 days after receiving the report
under this subsection, on recommendations to implement
the findings in such report.’’.
SEC. 412. ATMOSPHERIC RESEARCH.
(a) CLIMATE
AND AIR QUALITY RESEARCH.—(1)
There is authorized to be appropriated to the Secretary
to enable the National Oceanic and Atmospheric Adminis-
tration to carry out its climate and air quality research
duties, $86,757,000 for fiscal year 1996. Such duties in-
clude internannual and seasonal climate research and
long-term climate and air quality research.
(2) The Administrator shall ensure that at least the
same percentage of the climate and air quality research
funds that were provided to institutions of higher edu-
cation for fiscal year 1995 is provided to institutions of
higher education from funds authorized by this subsection.
(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, $39,894,000 for fiscal
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year 1996. Such duties include research for developing im-
proved prediction capabilities for atmospheric processes,
as well as solar-terrestrial research and services.
(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.
(d) Nothing in this Act shall preclude the National
Oceanic and Atmospheric Administration from carrying
out studies of long-term climate and global change.
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-
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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-
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-
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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.
(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-
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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
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
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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
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.
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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.
(b) NATIONAL SEA GRANT COLLEGE PROGRAM.—(1)
Section 212(a) of the National Sea Grant College Pro-
gram Act (33 U.S.C. 1131(a)) is amended to read as fol-
lows:
‘‘(a) GRANTS
AND CONTRACTS; FELLOWSHIPS.—
There are authorized to be appropriated to carry out sec-
tions 205 and 208, $51,000,000 for fiscal year 1996.’’.
(2) Section 212(b)(1) of the National Sea Grant Col-
lege Program Act (33 U.S.C. 1131(b)(1)) is amended by
striking ‘‘an amount’’ and all that follows through ‘‘not
to exceed $2,900,000’’ and inserting in lieu thereof
‘‘$2,000,000 for fiscal year 1996’’.
(3) Section 203(4) of the National Sea Grant College
Program Act (33 U.S.C. 1122(4)) is amended by striking
‘‘discipline or field’’ and all that follows through ‘‘public
administration)’’ and inserting in lieu thereof ‘‘field or dis-
cipline involving scientific research’’.
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SEC. 423. USE OF OCEAN RESEARCH RESOURCES OF OTHER
FEDERAL AGENCIES.
(a) FINDINGS.—The Congress finds the following:
(1) Observing, monitoring, and predicting the
ocean environment has been a high priority for the
defense community to support ocean operations.
(2) Many advances in ocean research have been
made by the defense community which could be
shared with civilian researchers.
(3) The National Oceanic and Atmospheric Ad-
ministration’s missions to describe and predict the
ocean environment, manage the Nation’s ocean and
coastal resources, and promote stewardship of the
world’s oceans would benefit from increased coopera-
tion with defense agencies.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the National Oceanic and Atmospheric Ad-
ministration should expand its efforts to develop inter-
agency agreements to further the use of defense-related
technologies, data, and other resources to support its oce-
anic missions.
(c) REPORT.—
(1) IN
GENERAL.—Not later than 120 days
after the date of the enactment of this Act, the Sec-
retary of Commerce shall submit to the Committee
on Science and the Committee on Resources of the
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technology, which if made available would en-
hance the National Oceanic and Atmospheric
Administration mission performance;
(E) recommendations on the regulatory
and legislative structures needed to maximize
the use of defense-related resources;
(F) an assessment of the respective roles
in the use of defense-related resources of the
Army Corps of Engineers, data centers, oper-
ational centers, and research facilities of the
National Oceanic and Atmospheric Administra-
tion; and
(G) recommendations on how to provide
access to relevant defense-related data for non-
Federal scientific users.
Subtitle C—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, $20,632,000 for fiscal
year 1996.
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(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, $30,000,000 for fiscal year 1996.
(c) RETIRED PAY.—There are authorized to be ap-
propriated to the Secretary, for retired pay for retired
commissioned officers of the National Oceanic and Atmos-
pheric Administration under the Act of 1970, $7,706,000
for fiscal year 1996.
(d) MARINE SERVICES.—
(1) 
SERVICE
CONTRACTS.—Notwithstanding
any other provision of law and subject to the avail-
ability of appropriations, the Secretary shall enter
into contracts, including multiyear contracts, subject
to paragraph (3), for the use of vessels to conduct
oceanographic research and fisheries research, mon-
itoring, enforcement, and management, and to ac-
quire other data necessary to carry out the missions
of the National Oceanic and Atmospheric Adminis-
tration. The Secretary shall enter into these con-
tracts unless—
(A) the cost of the contract is more than
the cost (including the cost of vessel operation,
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maintenance, and all personnel) to the National
Oceanic and Atmospheric Administration of ob-
taining those services on vessels of the National
Oceanic and Atmospheric Administration;
(B) the contract is for more than 7 years;
or
(C) the data is acquired through a vessel
agreement pursuant to paragraph (4).
(2) VESSELS.—The Secretary may not enter
into any contract for the construction, lease-pur-
chase, upgrade, or service life extension of any ves-
sel.
(3) MULTIYEAR CONTRACTS.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), and notwithstanding sec-
tion 1341 of title 31, United States Code, and
section 11 of title 41, United States Code, the
Secretary may acquire data under multiyear
contracts.
(B) REQUIRED FINDINGS.—The Secretary
may not enter into a contract pursuant to this
paragraph unless the Secretary finds with re-
spect to that contract that there is a reasonable
expectation that throughout the contemplated
contract period the Secretary will request from
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Congress funding for the contract at the level
required to avoid contract termination.
(C) REQUIRED
PROVISIONS.—The Sec-
retary may not enter into a contract pursuant
to this paragraph unless the contract includes—
(i) a provision under which the obliga-
tion of the United States to make pay-
ments under the contract for any fiscal
year is subject to the availability of appro-
priations provided in advance for those
payments;
(ii) a provision that specifies the term
of effectiveness of the contract; and
(iii) 
appropriate 
provisions 
under
which, in case of any termination of the
contract before the end of the term speci-
fied pursuant to clause (ii), the United
States shall only be liable for the lesser
of—
(I) an amount specified in the
contract for such a termination; or
(II) amounts that were appro-
priated before the date of the termi-
nation for the performance of the con-
tract or for procurement of the type
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of acquisition covered by the contract
and are unobligated on the date of the
termination.
(4) VESSEL AGREEMENTS.—The Secretary shall
use excess capacity of University National Oceano-
graphic Laboratory System vessels where appro-
priate and may enter into memoranda of agreement
with the operators of these vessels to carry out this
requirement.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and Atmos-
pheric Administration to carry out marine services
activities, $60,689,000 for fiscal year 1996.
(e) 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, $9,548,000 for fiscal year
1996.
(f) FACILITIES REPAIRS AND RENOVATIONS.—There
are authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Administra-
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tion to carry out facilities repairs and renovations,
$7,374,000 for fiscal year 1996.
Subtitle D—Streamlining of
Operations
SEC. 441. PROGRAM TERMINATIONS.
(a) TERMINATIONS.—No funds may be appropriated
for the following programs and accounts:
(1) The National Undersea Research Program.
(2) The Fleet Modernization, Shipbuilding, and
Construction Account.
(3) The Charleston, South Carolina, Special
Management Plan.
(4) Chesapeake Bay Observation Buoys as of
September 30, 1996.
(5) Federal/State Weather Modification Grants.
(6) The Southeast Storm Research Account.
(7) National Institute for Environmental Re-
newal.
(8) The Lake Champlain Study.
(9) The Maine Marine Research Center.
(10) The South Carolina Cooperative Geodetic
Survey Account.
(11) Pacific Island Technical Assistance.
(12) VENTS program.
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(13) National Weather Service non-Federal,
non-wildfire Fire Weather Service.
(14) National Weather Service Regional Cli-
mate Centers.
(15) National Weather Service Samoa Weather
Forecast Office Repair and Upgrade Account.
(16) Dissemination of Weather Charts (Marine
Facsimile Service).
(b) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit
to the Committee on Resources and the Committee on
Science of the House of Representatives and the Commit-
tee on Commerce, Science, and Transportation of the Sen-
ate a report certifying that all the programs listed in sub-
section (a) will be terminated no later than September 30,
1995.
(c) REPEAL OF SEA GRANT PROGRAMS.—
(1) REPEALS.—(A) Section 208(b) of the Na-
tional Sea Grant College Program Act (33 U.S.C.
1127(b)) is repealed.
(B) Section 3 of the Sea Grant Program Im-
provement Act of 1976 (33 U.S.C. 1124a) is re-
pealed.
(2) CONFORMING
AMENDMENT.—Section 209
of the National Sea Grant College Program Act (33
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U.S.C. 1128(b)(1)) is amended by striking ‘‘and sec-
tion 3 of the Sea Grant Program Improvement Act
of 1976’’.
(d) ADDITIONAL REPEAL.—The NOAA Fleet Mod-
ernization Act (33 U.S.C. 851 note) is repealed.
SEC. 442. LIMITATIONS ON APPROPRIATIONS.
(a) 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.
(b) 
FISCAL
YEAR
1996.—No 
more 
than
$1,692,470,000 is authorized to be appropriated to the
Secretary for fiscal year 1996, by this Act or any other
Act, to enable the National Oceanic and Atmospheric Ad-
ministration to carry out all activities associated with Op-
erations, Research, and Facilities.
(c) REDUCTION IN TRAVEL BUDGET.—Of the sums
appropriated under this Act for Operations, Research, and
Facilities, no more than $20,000,000 may be used for re-
imbursement of travel and related expenses for National
Oceanic and Atmospheric Administration personnel.
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SEC. 443. TERMINATION OF THE CORPS OF COMMISSIONED
OFFICERS.
(a) NUMBER OF OFFICERS.—Notwithstanding sec-
tion 8 of the Act of June 3, 1948 (33 U.S.C. 853g), the
total number of commissioned officers on the active list
of the National Oceanic and Atmospheric Administration
shall not exceed 358 for fiscal year 1996. No commis-
sioned officers are authorized for any fiscal year after fis-
cal year 1996.
(b) SEVERANCE PAY.—Commissioned officers may be
separated from the active list of the National Oceanic and
Atmospheric Administration. In lieu of separation pay, of-
ficers so separated shall be eligible only for severance pay
in accordance with the terms and conditions of section
5595 of title 5, United States Code, and only to the extent
provided in advance in appropriations Acts.
(c) TRANSFER.—(1) Subject to the approval of the
Secretary of Defense and under terms and conditions
specified by the Secretary, commissioned officers subject
to subsection (a) may transfer to the armed services under
section 716 of title 10, United States Code.
(2) Subject to the approval of the Secretary of Trans-
portation and under terms and conditions specified by the
Secretary, commissioned officers subject to subsection (a)
may transfer to the United States Coast Guard under sec-
tion 716 of title 10, United States Code.
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(3) Subject to the approval of the Administrator of
the National Oceanic and Atmospheric Administration
and under terms and conditions specified by that Adminis-
trator, commissioned officers subject to subsection (a)
may be employed by the National Oceanic and Atmos-
pheric Administration as members of the civil service.
(d) REPEALS.—(1) The following provisions of law
are repealed:
(A) The Coast and Geodetic Survey Commis-
sioned Officers’ Act of 1948 (33 U.S.C. 853a–853o,
853p–853u).
(B) The Act of February 16, 1929 (Chapter
221, section 5; 45 Stat. 1187; 33 U.S.C. 852a).
(C) The Act of January 19, 1942 (Chapter 6;
56 Stat. 6).
(D) Section 9 of Public Law 87–649 (76 Stat.
495).
(E) The Act of May 22, 1917 (Chapter 20, sec-
tion 16; 40 Stat. 87; 33 U.S.C. 854 et seq.).
(F) The Act of December 3, 1942 (Chapter
670; 56 Stat. 1038.
(G) Sections 1 through 5 of Public Law 91–621
(84 Stat. 1863; 33 U.S.C. 857–1 et seq.).
(H) The Act of August 10, 1956 (Chapter
1041, section 3; 70A Stat. 619; 33 U.S.C. 857a).
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(I) The Act of May 18, 1920 (Chapter 190,
section 11; 41 Stat. 603; 33 U.S.C. 864).
(J) The Act of July 22, 1947 (Chapter 286; 61
Stat. 400; 33 U.S.C. 873, 874).
(K) The Act of August 3, 1956 (Chapter 932;
70 Stat. 988; 33 U.S.C. 875, 876).
(L) All other Acts inconsistent with this sub-
section.
Following the repeal of provisions under this paragraph,
all retirement benefits for the NOAA Corps which are in
existence on September 30, 1996, shall continue to apply
to eligible NOAA Corps officers and retirees.
(2) The effective date of the repeals under paragraph
(1) shall be October 1, 1996.
(e) ABOLITION.—The Office of the National Oceanic
and Atmospheric Administration Corps of Operations and
the Commissioned Personnel Center are abolished effective
September 30, 1996.
Subtitle E—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.
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(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
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(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.