[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2405 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                H. R. 2405

_______________________________________________________________________

                                 AN ACT


 
     To authorize appropriations for fiscal years 1996 and 1997 for 
 civilian science activities of the Federal Government, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Omnibus Civilian 
Science Authorization Act of 1995''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
                  TITLE I--NATIONAL SCIENCE FOUNDATION

Sec. 101. Short title.
Sec. 102. Definitions.
         Subtitle A--National Science Foundation Authorization

Sec. 111. Authorization of appropriations.
Sec. 112. Proportional reduction of research and related activities 
                            amounts.
Sec. 113. Consultation and representation expenses.
Sec. 114. Reprogramming.
                    Subtitle B--General Provisions.

Sec. 121. Annual report.
Sec. 122. National research facilities.
Sec. 123. Eligibility for research facility awards.
Sec. 124. Administrative amendments.
Sec. 125. Indirect costs.
Sec. 126. Research instrumentation and facilities.
Sec. 127. Financial disclosure.
Sec. 128. Educational leave of absence for active duty.
Sec. 129. Prohibition of lobbying activities.
Sec. 130. Science Studies Institute.
Sec. 131. Educational impact.
Sec. 132. Divisions of the Foundation.
Sec. 133. Limitation on appropriations.
Sec. 134. Eligibility for awards.
        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                     Subtitle A--General Provisions

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
              Subtitle B--Authorization of Appropriations

                       Chapter 1--Authorizations

Sec. 211. Human space flight.
Sec. 212. Science, aeronautics, and technology.
Sec. 213. Mission support.
Sec. 214. Inspector General.
Sec. 215. Total authorization.
Sec. 216. Additional authorization and corresponding reduction.
Sec. 217. Limited availability.
      Chapter 2--Restructuring the National Aeronautics and Space 
                             Administration

Sec. 221. Findings.
Sec. 222. Asset-based review.
              Chapter 3--Limitations and Special Authority

Sec. 231. Use of funds for construction.
Sec. 232. Availability of appropriated amounts.
Sec. 233. Reprogramming for construction of facilities.
Sec. 234. Consideration by committees.
Sec. 235. Limitation on obligation of unauthorized appropriations.
Sec. 236. Use of funds for scientific consultations or extraordinary 
                            expenses.
Sec. 237. Limitation on transfers to Russia.
                  Subtitle C--Miscellaneous Provisions

Sec. 241. Commercial space launch amendments.
Sec. 242. Office of Air and Space Commercialization authorization.
Sec. 243. Requirement for independent cost analysis.
Sec. 244. National Aeronautics and Space Act of 1958 amendments.
Sec. 245. Procurement.
Sec. 246. Additional National Aeronautics and Space Administration 
                            facilities.
Sec. 247. Purchase of space science data.
Sec. 248. Report on Mission to Planet Earth.
Sec. 249. Shuttle privatization.
Sec. 250. Aeronautical research and technology facilities.
Sec. 251. Launch voucher demonstration program amendments.
Sec. 252. Privatization of microgravity parabolic flight operations.
Sec. 253. Eligibility for awards.
Sec. 254. Prohibition of lobbying activities.
Sec. 255. Limitation on appropriations.
Sec. 256. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 257. Use of abandoned and underutilized buildings, grounds, and 
                            facilities.
                    TITLE III--DEPARTMENT OF ENERGY

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
Sec. 304. Funding limitations.
Sec. 305. Limitation on appropriations.
Sec. 306. Merit review requirements for awards of financial assistance.
Sec. 307. Policy on capital projects and construction.
Sec. 308. Further authorizations.
Sec. 309. High energy and nuclear physics.
Sec. 310. Prohibition of lobbying activities.
Sec. 311. Eligibility for awards.
Sec. 312. Termination costs.
       TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 401. Short title.
Sec. 402. Definitions.
        Subtitle A--Atmospheric, Weather, and Satellite Programs

Sec. 411. National Weather Service.
Sec. 412. Atmospheric research.
Sec. 413. National Environmental Satellite, Data, and Information 
                            Service.
                      Subtitle B--Marine Research

Sec. 421. National Ocean Service.
Sec. 422. Ocean and Great Lakes research.
Sec. 423. Use of ocean research resources of other Federal agencies.
                      Subtitle C--Program Support

Sec. 431. Program support.
                 Subtitle D--Streamlining of Operations

Sec. 441. Program terminations.
Sec. 442. Limitations on appropriations.
Sec. 443. Termination of the corps of commissioned officers.
                       Subtitle E--Miscellaneous

Sec. 451. Weather data buoys.
Sec. 452. Duties of the National Weather Service.
Sec. 453. Eligibility for awards.
Sec. 454. Prohibition of lobbying activities.
Sec. 455. Report on laboratories.
Sec. 456. Conveyance of National Marine Fisheries Service laboratory at 
                            Gloucester, Massachusetts.
Sec. 457. Cleanup of NOAA facilities.
Sec. 458. Ocean Applications Branch.
                TITLE V--ENVIRONMENTAL PROTECTION AGENCY

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authorization of appropriations.
Sec. 504. Scientific research review.
Sec. 505. Prohibition of lobbying activities.
Sec. 506. Eligibility for awards.
Sec. 507. Graduate student fellowships.
                          TITLE VI--TECHNOLOGY

                 Subtitle A--Technology Administration

Sec. 601. Short title.
Sec. 602. Authorization of appropriations.
Sec. 603. National Institute of Standards and Technology Act 
                            amendments.
Sec. 604. Stevenson-Wydler Technology Innovation Act of 1980 
                            amendments.
Sec. 605. Personnel.
Sec. 606. Fastener Quality Act amendments.
Sec. 607. Prohibition of lobbying activities.
Sec. 608. Limitation on appropriations.
Sec. 609. Eligibility for awards.
Sec. 610. Standards conformity.
Sec. 611. Further authorizations.
Sec. 612. Available funding.
              TITLE VII--UNITED STATES FIRE ADMINISTRATION

Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Fire safety systems in Army housing.
Sec. 704. Successor fire safety standards.
Sec. 705. Termination or privatization of functions.
Sec. 706. Report on budgetary reduction.
                        TITLE VIII--BUY AMERICAN

Sec. 801. Buy American.

                  TITLE I--NATIONAL SCIENCE FOUNDATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Science Foundation 
Authorization Act of 1995''.

SEC. 102. DEFINITIONS.

    For purposes of this title--
            (1) the term ``Director'' means the Director of the 
        Foundation;
            (2) the term ``Foundation'' means the National Science 
        Foundation;
            (3) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965;
            (4) the term ``national research facility'' means a 
        research facility funded by the Foundation which is available, 
        subject to appropriate policies allocating access, for use by 
        all scientists and engineers affiliated with research 
        institutions located in the United States; and
            (5) the term ``United States'' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, and any other territory or possession 
        of the United States.

         Subtitle A--National Science Foundation Authorization

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    (a) Findings.--The Congress finds that--
            (1) the programs of the Foundation are important for the 
        Nation to strengthen basic research and develop human resources 
        in science and engineering, and that those programs should be 
        funded at an adequate level;
            (2) the primary mission of the Foundation continues to be 
        the support of basic scientific research and science education 
        and the support of research fundamental to the engineering 
        process and engineering education; and
            (3) the Foundation's efforts to contribute to the economic 
        competitiveness of the United States should be in accord with 
        that primary mission.
    (b) Fiscal Year 1996.--There are authorized to be appropriated to 
the Foundation $3,126,000,000 for fiscal year 1996, which shall be 
available for the following categories:
            (1) Research and Related Activities, $2,226,300,000, which 
        shall be available for the following subcategories:
                    (A) Mathematical and Physical Sciences, 
                $632,200,000.
                    (B) Engineering, $311,600,000.
                    (C) Biological Sciences, $293,300,000.
                    (D) Geosciences, $408,800,000.
                    (E) Computer and Information Science and 
                Engineering, $249,500,000.
                    (F) Social, Behavioral, and Economic Sciences, 
                $111,300,000.
                    (G) United States Polar Research Programs, 
                $156,000,000.
                    (H) United States Antarctic Logistical Support 
                Activities, $62,600,000.
                    (I) Critical Technologies Institute, $1,000,000.
            (2) Education and Human Resources Activities, $600,000,000.
            (3) Major Research Equipment, $70,000,000.
            (4) Academic Research Facilities Modernization, 
        $100,000,000.
            (5) Salaries and Expenses, $120,000,000.
            (6) Office of Inspector General, $4,500,000.
            (7) Headquarters Relocation, $5,200,000.
    (c) Fiscal Year 1997.--There are authorized to be appropriated to 
the Foundation $3,171,400,000 for fiscal year 1997, which shall be 
available for the following categories:
            (1) Research and Related Activities, $2,286,200,000.
            (2) Education and Human Resources Activities, $600,000,000.
            (3) Major Research Equipment, $55,000,000.
            (4) Academic Research Facilities Modernization, 
        $100,000,000.
            (5) Salaries and Expenses, $120,000,000.
            (6) Office of Inspector General, $5,000,000.
            (7) Headquarters Relocation, $5,200,000.

SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED ACTIVITIES 
              AMOUNTS.

    If the amount appropriated pursuant to section 111(b)(1) is less 
than the amount authorized under that paragraph, the amount authorized 
for each subcategory under that paragraph shall be reduced by the same 
proportion.

SEC. 113. CONSULTATION AND REPRESENTATION EXPENSES.

    From appropriations made under authorizations provided in this 
title, not more than $10,000 may be used in each fiscal year for 
official consultation, representation, or other extraordinary expenses 
at the discretion of the Director. The determination of the Director 
shall be final and conclusive upon the accounting officers of the 
Government.

SEC. 114. REPROGRAMMING.

    (a) $500,000 or Less.--In any given fiscal year, the Director may 
transfer appropriated funds among the subcategories of Research and 
Related Activities, so long as the net funds transferred to or from any 
subcategory do not exceed $500,000.
    (b) Greater Than $500,000.--In addition, the Director may propose 
transfers to or from any subcategory exceeding $500,000. An explanation 
of any proposed transfer under this subsection must be transmitted in 
writing to the Committee on Science of the House of Representatives, 
and the Committees on Labor and Human Resources and Commerce, Science, 
and Transportation of the Senate. The proposed transfer may be made 
only when 30 calendar days have passed after transmission of such 
written explanation.

                     Subtitle B--General Provisions

SEC. 121. ANNUAL REPORT.

    Section 3(f) of the National Science Foundation Act of 1950 (42 
U.S.C. 1862(f)) is amended to read as follows:
    ``(f) The Foundation shall provide an annual report to the 
President which shall be submitted by the Director to the Congress at 
the time of the President's annual budget submission. The report 
shall--
            ``(1) contain a strategic plan, or an update to a previous 
        strategic plan, which--
                    ``(A) defines for a three-year period the overall 
                goals for the Foundation and specific goals for each 
                major activity of the Foundation, including each 
                scientific directorate, the education directorate, and 
                the polar programs office; and
                    ``(B) describe how the identified goals relate to 
                national needs and will exploit new opportunities in 
                science and technology;
            ``(2) identify the criteria and describe the procedures 
        which the Foundation will use to assess progress toward 
        achieving the goals identified in accordance with paragraph 
        (1);
            ``(3) review the activities of the Foundation during the 
        preceding year which have contributed toward achievement of 
        goals identified in accordance with paragraph (1) and summarize 
        planned activities for the coming three years in the context of 
        the identified goals, with particular emphasis on the 
        Foundation's planned contributions to major multi-agency 
        research and education initiatives;
            ``(4) contain such recommendations as the Foundation 
        considers appropriate; and
            ``(5) include information on the acquisition and 
        disposition by the Foundation of any patents and patent 
        rights.''.

SEC. 122. NATIONAL RESEARCH FACILITIES.

    (a) Facilities Plan.--The Director shall provide to Congress 
annually, as a part of the report required under section 3(f) of the 
National Science Foundation Act of 1950, a plan for the proposed 
construction of, and repair and upgrades to, national research 
facilities. The plan shall include estimates of the cost for such 
construction, repairs, and upgrades, and estimates of the cost for the 
operation and maintenance of existing and proposed new facilities. For 
proposed new construction and for major upgrades to existing 
facilities, the plan shall include funding profiles by fiscal year and 
milestones for major phases of the construction. The plan shall include 
cost estimates in the categories of construction, repair, and upgrades 
for the year in which the plan is submitted to Congress and for not 
fewer than the succeeding 4 years.
    (b) Limitation on Obligation of Unauthorized Appropriations.--No 
funds appropriated for any project which involves construction of new 
national research facilities or construction necessary for upgrading 
the capabilities of existing national research facilities shall be 
obligated unless the funds are specifically authorized for such purpose 
by this title or any other Act which is not an appropriations Act, or 
unless the total estimated cost to the Foundation of the construction 
project is less than $50,000,000. This subsection shall not apply to 
construction projects approved by the National Science Board prior to 
June 30, 1994.

SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

    Section 203(b) of the Academic Research Facilities Modernization 
Act of 1988 is amended by striking the final sentence of paragraph (3) 
and inserting in lieu thereof the following: ``The Director shall give 
priority to institutions or consortia that have not received such funds 
in the preceding 5 years, except that this sentence shall not apply to 
previous funding received for the same multiyear project.''.

SEC. 124. ADMINISTRATIVE AMENDMENTS.

    (a) National Science Foundation Act of 1950 Amendments.--The 
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is 
amended--
            (1) by redesignating the subsection (k) of section 4 (42 
        U.S.C. 1863(k)) that was added by section 108 of the National 
        Science Foundation Authorization Act of 1988 as subsection (l);
            (2) in section 5(e) (42 U.S.C. 1864(e)) by amending 
        paragraph (2) to read as follows:
    ``(2) Any delegation of authority or imposition of conditions under 
paragraph (1) shall be promptly published in the Federal Register and 
reported to the Committees on Labor and Human Resources and Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives.'';
            (3) by inserting ``be entitled to'' between ``shall'' and 
        ``receive'', and by inserting ``, including traveltime,'' after 
        ``Foundation'' in section 14(c) (42 U.S.C. 1873(c));
            (4) by striking section 14(j) (42 U.S.C. 1873(j)); and
            (5) by striking ``Atomic Energy Commission'' in section 
        15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof 
        ``Secretary of Energy''.
    (b) National Science Foundation Authorization Act, 1976 
Amendments.--Section 6(a) of the National Science Foundation 
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking 
``social,'' the first place it appears.
    (c) National Science Foundation Authorization Act of 1988 
Amendments.--(1) Section 117(a)(1)(B)(v) of the National Science 
Foundation Authorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is 
amended to read as follows:
            ``(v) from schools established outside the several States 
        and the District of Columbia by any agency of the Federal 
        Government for dependents of its employees.''.
    (2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is 
amended by striking ``Science and Engineering Education'' and inserting 
in lieu thereof ``Education and Human Resources''.
    (d) Education for Economic Security Act Amendments.--Section 107 of 
Education for Economic Security Act (20 U.S.C. 3917) is repealed.
    (e) Technical Amendment.--The second subsection (g) of section 3 of 
the National Science Foundation Act of 1950 is repealed.

SEC. 125. INDIRECT COSTS.

    (a) Matching Funds.--Matching funds required pursuant to section 
204(a)(2)(C) of the Academic Research Facilities Modernization Act of 
1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities 
costs for purposes of determining indirect cost rates.
    (b) Report.--The Director of the Office of Science and Technology 
Policy, in consultation with other relevant agencies, shall prepare a 
report analyzing what steps would be needed to--
            (1) reduce by 10 percent the proportion of Federal 
        assistance to institutions of higher education that are 
        allocated for indirect costs; and
            (2) reduce the variance among indirect cost rates of 
        different institutions of higher education,
including an evaluation of the relative benefits and burdens of each 
option on institutions of higher education. Such report shall be 
transmitted to the Congress no later than December 31, 1995.

SEC. 126. RESEARCH INSTRUMENTATION AND FACILITIES.

    The Foundation shall incorporate the guidelines set forth in 
Important Notice No. 91, dated March 11, 1983 (48 Fed. Reg. 15754, 
April 12, 1983), relating to the use and operation of Foundation-
supported research instrumentation and facilities, in its notice of 
Grant General Conditions, and shall examine more closely the adherence 
of grantee organizations to such guidelines.

SEC. 127. FINANCIAL DISCLOSURE.

    Persons temporarily employed by or at the Foundation shall be 
subject to the same financial disclosure requirements and related 
sanctions under the Ethics in Government Act of 1978 as are permanent 
employees of the Foundation in equivalent positions.

SEC. 128. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.

    In order to be eligible to receive funds from the Foundation after 
September 30, 1995, an institution of higher education must provide 
that whenever any student of the institution who is a member of the 
National Guard, or other reserve component of the Armed Forces of the 
United States, is called or ordered to active duty, other than active 
duty for training, the institution shall grant the member a military 
leave of absence from their education. Persons on military leave of 
absence from their institution shall be entitled, upon release from 
military duty, to be restored to the educational status they had 
attained prior to their being ordered to military duty without loss of 
academic credits earned, scholarships or grants awarded, or tuition and 
other fees paid prior to the commencement of the military duty. It 
shall be the duty of the institution to refund tuition or fees paid or 
to credit the tuition and fees to the next semester or term after the 
termination of the educational military leave of absence at the option 
of the student.

SEC. 129. PROHIBITION OF LOBBYING ACTIVITIES.

    None of the funds authorized by this title shall be available for 
any activity whose purpose is to influence legislation 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 legislation or 
appropriations which they deem necessary for the efficient conduct of 
the public business.

SEC. 130. SCIENCE STUDIES INSTITUTE.

    (a) Amendment.--Section 822 of the National Defense Authorization 
Act for Fiscal 1991 (42 U.S.C. 6686) is amended--
            (1) by striking ``Critical Technologies Institute'' in the 
        section heading and in subsection (a), and inserting in lieu 
        thereof ``Science Studies Institute'';
            (2) in subsection (b) by striking ``As determined by the 
        chairman of the committee referred to in subsection (c), the'' 
        and inserting in lieu thereof ``The'';
            (3) by striking subsection (c), and redesignating 
        subsections (d), (e), (f), and (g) as subsections (c), (d), 
        (e), and (f), respectively;
            (4) in subsection (c), as so redesignated by paragraph (3) 
        of this subsection--
                    (A) by inserting ``science and'' after 
                ``developments and trends in'' in paragraph (1);
                    (B) by striking ``with particular emphasis'' in 
                paragraph (1) and all that follows through the end of 
                such paragraph and inserting in lieu thereof ``and 
                developing and maintaining relevant informational and 
                analytical tools.'';
                    (C) by striking ``to determine'' and all that 
                follows through ``technology policies'' in paragraph 
                (2) and inserting in lieu thereof ``with particular 
                attention to the scope and content of the Federal 
                science and technology research and develop portfolio 
                as it affects interagency and national issues'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Initiation of studies and analysis of alternatives 
        available for ensuring the long-term strength of the United 
        States in the development and application of science and 
        technology, including appropriate roles for the Federal 
        Government, State governments, private industry, and 
        institutions of higher education in the development and 
        application of science and technology.'';
                    (E) by inserting ``science and'' after ``Executive 
                branch on'' in paragraph (4)(A); and
                    (F) by amending paragraph (4)(B) to read as 
                follows:
                    ``(B) to the interagency committees and panels of 
                the Federal Government concerned with science and 
                technology.'';
            (5) in subsection (d), as so redesignated by paragraph (3) 
        of this subsection, by striking ``subsection (d)'' and 
        inserting in lieu thereof ``subsection (c)''; and
            (6) by amending subsection (f), as so redesignated by 
        paragraph (3) of this subsection, to read as follows:
    ``(f) Sponsorship.--The Director of the Office of Science and 
Technology Policy shall be the sponsor of the Institute.''.
    (b) Conforming Usage.--All references in Federal law or regulations 
to the Critical Technologies Institute shall be considered to be 
references to the Science Studies Institute.

SEC. 131. EDUCATIONAL IMPACT.

    (a) Findings.--The Congress finds that--
            (1) Federal research funds made available to institutions 
        of higher education often create incentives for such 
        institutions to emphasize research over undergraduate teaching 
        and to narrow the focus of their graduate programs; and
            (2) National Science Foundation funds for Research and 
        Related Activities should be spent in the manner most likely to 
        improve the quality of undergraduate and graduate education in 
        institutions of higher education.
    (b) Educational Impact.--(1) The impact that a grant or cooperative 
agreement by the National Science Foundation would have on 
undergraduate and graduate education at an institution of higher 
education shall be a factor in any decision whether to award such grant 
or agreement to that institution.
    (2) Paragraph (1) shall be effective with respect to any grant or 
cooperative agreement awarded after September 30, 1996.
    (c) Report.--The Director shall provide a plan for the 
implementation of subsection (b) of this section, no later than 
December 31, 1995, to the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Labor and Human Resources of the 
Senate.

SEC. 132. DIVISIONS OF THE FOUNDATION.

    (a) Amendment.--Section 8 of the National Science Foundation Act of 
1950 (42 U.S.C. 1866) is amended by inserting ``The Director may 
appoint, in consultation with the Board, not more than 6 Assistant 
Directors to assist in managing the Divisions.'' after ``time to time 
determine.''.
    (b) Report.--By November 15, 1995, the Director shall transmit to 
the Congress a report on the reorganization of the National Science 
Foundation required as a result of the amendment made by subsection 
(a).

SEC. 133. 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 authorized 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 an Act of Congress 
with respect to such fiscal year.

SEC. 134. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Director shall exclude from consideration for 
awards of financial assistance made by the Foundation 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 effective 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.

        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                     Subtitle A--General Provisions

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1996''.

SEC. 202. FINDINGS.

    The Congress makes the following findings:
            (1) The National Aeronautics and Space Administration has 
        failed to request sufficient funds to perform all missions it 
        has proposed in annual budget requests. For fiscal year 1996, 
        the budget requested is $140,000,000 below the amount required 
        to fulfill program commitments made by the fiscal year 1995 
        budget approved by Congress. The request for fiscal year 1996 
        proposes continued underfunding of the requirements of the 
        National Aeronautics and Space Administration by $439,000,000 
        for fiscal year 1997, $847,000,000 for fiscal year 1998, 
        $1,189,000,000 for fiscal year 1999, and $1,532,000,000 for 
        fiscal year 2000.
            (2) In order to close the gap between projected program 
        requirements and the underfunding requested, the National 
        Aeronautics and Space Administration should aggressively pursue 
        actions and reforms directed at reducing institutional costs, 
        including management restructuring, facility consolidation, 
        procurement reform, personnel base downsizing, and convergence 
        with other defense and private sector systems.
            (3) While institutional reforms, restructurings, and 
        downsizing hold the promise of comporting the projected needs 
        of the National Aeronautics and Space Administration with 
        funding levels requested by the Administration, such reforms 
        provide no guarantee against cancellation of missions in the 
        event reform efforts fail to achieve cost reduction targets.
            (4) The National Aeronautics and Space Administration must 
        reverse its current trend toward becoming an operational 
        agency, and return to its proud history as the Nation's leader 
        in basic scientific air and space research.
            (5) Commercial space activity is in a delicate state of 
        growth but has the potential to eclipse Federal space activity 
        in its economic return to the Nation if not stifled.
            (6) The United States is on the verge of creating and using 
        new technologies in microsatellites, information processing, 
        and space launch that could radically alter the manner in which 
        the Government approaches its space mission.
            (7) The overwhelming preponderance of the Federal 
        Government's requirements for routine, nonemergency manned and 
        unmanned space transportation can be most effectively, 
        efficiently, and economically met by a free and competitive 
        market in privately developed and operated launch services.
            (8) In formulating a national space transportation service 
        policy, the National Aeronautics and Space Administration 
        should aggressively pursue reverse contracting opportunities to 
        support the private sector development of advanced space 
        transportation technologies including reusable space vehicles, 
        single-stage-to-orbit vehicles, and manner space systems.
            (9) International cooperation in space exploration and 
        science activities serves the United States national interest--
                    (A) when it--
                            (i) reduces the cost of undertaking 
                        missions the United States Government would 
                        pursue unilaterally;
                            (ii) enables the United States to pursue 
                        missions that it could not otherwise afford to 
                        pursue unilaterally; or
                            (iii) enhances United States capabilities 
                        to use and develop space for the benefit of 
                        United States citizens; and
                    (B) when it does not--
                            (i) otherwise harm or interfere with the 
                        ability of United States private sector firms 
                        to develop or explore space commercially;
                            (ii) interfere with the ability of Federal 
                        agencies to use space to complete their 
                        missions;
                            (iii) undermine the ability of United 
                        States private enterprise to compete favorably 
                        with foreign entities in the commercial space 
                        arena; or
                            (iv) transfer sensitive or commercially 
                        advantageous technologies or knowledge from the 
                        United States to other countries or foreign 
                        entities except as required by those countries 
                        or entities to make their contribution to a 
                        multilateral space project in partnership with 
                        the United States, or on a quid pro quo basis.
            (10) The National Aeronautics and Space Administration and 
        the Department of Defense can cooperate more effectively in 
        leveraging their mutual capabilities to conduct joint space 
        missions that improve United States space capabilities and 
        reduce the cost of conducting space missions.

SEC. 203. DEFINITIONS.

    For purposes of this title--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration; and
            (2) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).

              Subtitle B--Authorization of Appropriations

                       CHAPTER 1--AUTHORIZATIONS

SEC. 211. HUMAN SPACE FLIGHT.

    (a) Authorizations.--There are authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 1996 for 
Human Space Flight the following amounts:
            (1) For Space Shuttle Operations, $2,341,800,000.
            (2) For Space Shuttle Safety and Performance Upgrades, 
        $837,000,000.
            (3) For Payload and Utilization Operations, $315,000,000.
            (4) For Russian Cooperation, $100,000,000.
    (b) Construction of Facilities.--(1) Of the funds authorized to be 
appropriated under subsection (a)(2), $5,000,000 are authorized for 
modernization of the Firex Systems, Pads A and B, Kennedy Space Center.
    (2) Of the funds authorized to be appropriated under subsection 
(a)(2), $7,500,000 are authorize for replacement of the Chemical 
Analysis Facility, Kennedy Space Center.
    (3) Of the funds authorized to be appropriated under subsection 
(a)(2), $4,900,000 are authorized for replacement of the Space Shuttle 
Main Engine Processing Facility, Kennedy Space Center.

SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    (a) Authorizations.--There are authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 1996 for 
Science, Aeronautics, and Technology the following amounts:
            (1) For Space Science, $1,995,400,000, of which--
                    (A) $1,167,600,000 are authorized for Physics and 
                Astronomy, of which $51,500,000 shall be for the 
                Gravity Probe B, except that no funds are authorized 
                for the Space Infrared Telescope Facility; and
                    (B) $827,800,000 are authorized for Planetary 
                Exploration, of which $30,000,000 shall be for the New 
                Millennium Spacecraft, including $5,000,000 for the 
                National Aeronautics and Space Administration's 
                participation in Clementine 2 (Air Force Program 
                Element 0603401F Advanced Spacecraft Technology).
            (2) For Life and Microgravity Sciences and Applications, 
        $293,200,000, of which at least $2,000,000 is reserved for 
        research and early detection systems for breast and ovarian 
        cancer and other women's health issues.
            (3) For Mission to Planet Earth, $1,013,100,000, of which 
        $21,500,000 shall only be for activities described in section 
        248(b)(7)(A), except that no funds are authorized for the 
        Consortium for International Earth Science Information Network 
        (except as provided in section 217) or the Topex Poseidon 
        Follow-On mission. Funds authorized by this paragraph may not 
        be expended to duplicate private sector or other Federal 
        activities or to procure systems to provide data unless the 
        Administrator certifies to Congress that no private sector or 
        Federal entity can provide suitable data in a timely manner. 
        Notwithstanding any other provision of law, funds in excess of 
        those authorized by this paragraph may not be obligated for 
        Mission to Planet Earth.
            (4) For Space Access and Technology, $639,800,000 of 
        which--
                    (A) $193,000,000 are authorized for Advanced Space 
                Transportation;
                    (B) $10,000,000 are authorized to be made available 
                for defraying the costs of converting or redesigning 
                commercially inconsistent elements of former Federal 
                facilities or to take actions required for conformance 
                with Federal laws or regulations relating to commercial 
                space transportation infrastructure, to remain 
                available until expended;
                    (C) $20,000,000 shall be for continuing the Launch 
                Voucher Demonstration Program authorized under section 
                504 of the National Aeronautics and Space 
                Administration Authorization Act, Fiscal Year 1993(15 
                U.S.C. 5803); and
                    (D) $33,900,000 are authorized for the Small 
                Spacecraft Technology Initiative, except that funds for 
                such Initiative may not be expended to duplicate 
                private sector activities or to fund any activities 
                that a private sector entity is proposing to carry out 
                for commercial purposes. No funds are authorized under 
                this paragraph for the Partnership for Next Generation 
                Vehicle.
            (5) For Aeronautical Research and Technology, $826,900,000, 
        of which--
                    (A) $354,700,000 are authorized for Research and 
                Technology Base activities;
                    (B) $245,500,000 are authorized for High Speed 
                Research;
                    (C) $133,000,000 are authorized for Advanced 
                Subsonic Technology, except that no funds are 
                authorized for concept studies for Advanced Traffic 
                Management and Affordable Design and Manufacturing;
                    (D) $40,200,000 are authorized for High-Performance 
                Computing and Communications; and
                    (E) $48,100,000 are authorized for Numerical 
                Aerodynamic Simulation.
            (6) For Mission Communication Services, $461,300,000.
            (7) For Academic Programs, $102,200,000.
    (b) Construction of Facilities.--(1) Of the funds authorized to be 
appropriated under subsection (a)(3), $17,000,000 are authorized for 
construction of the Earth Systems Science Building, Goddard Space 
Flight Center.
    (2) Of the funds authorized to be appropriated under subsection 
(a)(5), $5,400,000 are authorized for modernization of the Unitary Plan 
Wind Tunnel Complex, Ames Research Center.
    (3) Of the funds authorized to be appropriated under subsection 
(a)(2), $3,000,000 are authorized for the construction of an addition 
to the Microgravity and Development Laboratory, Marshall Space Flight 
Center.

SEC. 213. MISSION SUPPORT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for fiscal year 1996 for Mission Support the 
following amounts:
            (1) For Safety, Reliability, and Quality Assurance, 
        $37,600,000.
            (2) For Space Communication Services, $319,400,000.
            (3) For Construction of Facilities, including land 
        acquisition, $152,600,000, of which--
                    (A) $6,300,000 shall be for restoration of Flight 
                Systems Research Laboratory, Ames Research Center;
                    (B) $3,000,000 shall be for restoration of chilled 
                water distribution system, Goddard Space Flight Center;
                    (C) $4,800,000 shall be for replacing chillers, 
                various buildings, Jet Propulsion Laboratory;
                    (D) $1,100,000 shall be for rehabilitation of 
                electrical distribution system, White Sands Test 
                Facility, Johnson Space Center;
                    (E) $4,200,000 shall be for replacement of main 
                substation switchgear and circuit breakers, Johnson 
                Space Center;
                    (F) $1,800,000 shall be for replacement of 15kV 
                load break switches, Kennedy Space Center;
                    (G) $9,000,000 shall be for rehabilitation of 
                Central Air Equipment Building, Lewis Research Center;
                    (H) $4,700,000 shall be for restoration of high 
                pressure air compressor system, Marshall Space Flight 
                Center;
                    (I) $6,800,000 shall be for restoration of 
                Information and Electronic Systems Laboratory, Marshall 
                Space Flight Center;
                    (J) $1,400,000 shall be for restoration of canal 
                lock, Stennis Space Center;
                    (K) $2,500,000 shall be for restoration of primary 
                electrical distribution systems, Wallops Flight 
                Facility;
                    (L) $30,000,000 shall be for repair of facilities 
                at various locations, not in excess of $1,500,000 per 
                project;
                    (M) $30,000,000 shall be for rehabilitation and 
                modification of facilities at various locations, not in 
                excess of $1,500,000 per project;
                    (N) $2,000,000 shall be for minor construction of 
                new facilities and additions to existing facilities at 
                various locations, not in excess of $750,000 per 
                project;
                    (O) $10,000,000 shall be for facility planning and 
                design not otherwise provided for; and
                    (P) $35,000,000 shall be for environmental 
                compliance and restoration.
            (4) For Research and Program Management, including 
        personnel and related costs, travel, and research operations 
        support, $2,094,800,000.

SEC. 214. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Inspector General, $17,300,000 for fiscal 
year 1996.

SEC. 215. TOTAL AUTHORIZATION.

    Notwithstanding any other provision of this subtitle, the total 
amount authorized to be appropriated to the National Aeronautics and 
Space Administration under this title shall not exceed $11,547,400,000 
for fiscal year 1996.

SEC. 216. ADDITIONAL AUTHORIZATION AND CORRESPONDING REDUCTION.

    (a) Authorization.--In addition to amounts authorized by section 
212(a)(3), there are authorized to be appropriated to the National 
Aeronautics and Space Administration for fiscal year 1996 for Mission 
to Planet Earth $274,360,000, to be derived from amounts otherwise 
authorized by this title.
    (b) Operating Plan.--The Administrator shall, within 30 days after 
the later of--
            (1) the date of the enactment of this Act; and
            (2) the date of the enactment of the Act making 
        appropriations for the National Aeronautics and Space 
        Administration for fiscal year 1996,
transmit to the Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate an operating plan which identifies which amounts will be 
transferred pursuant to subsection (a).
    (c) Limitation on Obligation and Expenditure.--None of the funds 
authorized by subsection (a) shall be available for obligation or 
expenditure until--
            (1) the National Academy of Sciences has conducted a 
        comprehensive review of the Mission to Planet Earth program as 
        part of its study of the United States Global Change Research 
        Program;
            (2) the Administrator has reported to the Committee on 
        Science of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a plan for 
        implementing the study's recommendations and a formal request 
        for all or part of such funds; and
            (3) 90 legislative days have passed after the report is 
        transmitted under paragraph (2).

SEC. 217. LIMITED AVAILABILITY.

    Nothing in this title shall interfere with the rights of any 
parties under contracts. Nothing in this title shall preclude the 
Consortium for International Earth Science Information Network from 
receiving a contract awarded following a full and open competition.

      CHAPTER 2--RESTRUCTURING THE NATIONAL AERONAUTICS AND SPACE 
                             ADMINISTRATION

SEC. 221. FINDINGS.

    The Congress finds that--
            (1) the restructuring of the National Aeronautics and Space 
        Administration is essential to accomplishing the space missions 
        of the United States while simultaneously balancing the Federal 
        budget;
            (2) to restructure the National Aeronautics and Space 
        Administration rapidly without reducing mission content and 
        safety requires objective financial judgment;
            (3) no effort has been undertaken by the National 
        Aeronautics and Space Administration to perform a formal 
        economic review of its missions and the Federal assets that 
        support them;
            (4) therefore it is premature and unwarranted to attempt 
        closing any National Aeronautics and Space Administration field 
        center until an asset-based review of United States space 
        missions and capabilities to support them is performed; and
            (5) cost savings from the closing of National Aeronautics 
        and Space Administration field centers are speculative and 
        potentially injurious to mission goals, unless derived from an 
        asset-based analysis.

SEC. 222. ASSET-BASED REVIEW.

    (a) Request for Proposals.--Not later than 30 days after the date 
of the enactment of this Act, the Administrator shall publish in the 
Commerce Business Daily a request for proposals to perform a National 
Aeronautics and Space Administration asset-based review.
    (b) Qualified Proposals.--Qualified proposals to perform the asset-
based review under this section shall be from United States persons 
whose primary business is corporate financial strategy, investment 
banking, accounting, or asset management. All proposals shall, at a 
minimum, propose to review, for each capital asset owned by the 
National Aeronautics and Space Administration--
            (1) its primary function or purpose in relationship to a 
        program, mission, or activity of the National Aeronautics and 
        Space Administration;
            (2) the existence of other capital assets which duplicate 
        or overlap with such function or purpose;
            (3) the Federal and non-Federal users thereof; and
            (4) its necessity to carry out a program, mission, or 
        activity of the National Aeronautics and Space Administration.
    (c) Report.--The contractor selected to perform the asset-based 
review under this section shall complete such review and transmit to 
the Administrator and the Congress, no later than July 31, 1996, a 
report containing, at a minimum--
            (1) for each National Aeronautics and Space Administration 
        field center facility--
                    (A) a list of capital assets that should be 
                permanently retired or disposed of;
                    (B) a list of capital assets that may be 
                transferred to non-Federal institutions and 
                corporations, if the transfer of such asset is cost 
                effective; and
                    (C) a list of capital assets essential to the 
                conduct of National Aeronautics and Space 
                Administration programs, missions, or activities, and a 
                justification for retaining the asset;
            (2) for each National Aeronautics and Space Administration 
        program element--
                    (A) a list of capital assets essential to the 
                conduct of the program element; and
                    (B) a plan for achieving the most cost-effective 
                consolidation and efficient use of necessary capital 
                assets to support such program element, including the 
                use of non-Federal assets where appropriate; and
            (3) for each National Aeronautics and Space Administration 
        capital asset--
                    (A) the total annual cost of maintaining and 
                operating such capital asset, including Federal 
                employee and contractor costs;
                    (B) the depreciated cost, replacement cost, and 
                salvage value; and
                    (C) the most cost-effective strategy for 
                maintaining, replacing, upgrading, or disposing of the 
                capital asset, as appropriate.
    (d) Implementation.--The Administrator shall consider the results 
of the asset-based review conducted under this section, and based on 
the Administrator's recommendations, the President shall propose to 
Congress legislation required to implement those recommendations no 
later than September 30, 1996.
    (e) Closing of Field Centers.--The Administrator shall not close 
any National Aeronautics and Space Administration field center until 
after the asset-based review report is transmitted under subsection 
(c), and may only close field centers that would become obsolete as a 
result of the implementation of the Administrator's recommendations, 
and may do so only after enactment of legislation implementing those 
recommendations.

              CHAPTER 3--LIMITATIONS AND SPECIAL AUTHORITY

SEC. 231. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--Funds appropriated under sections 211(a), 
212(a), and 213 (1) and (2), and funds appropriated for research 
operations support under section 213(4), may be used for the 
construction of new facilities and additions to, repair of, 
rehabilitation of, or modification of existing facilities at any 
location in support of the purposes for which such funds are 
authorized.
    (b) Limitation.--None of the funds pursuant to subsection (a) may 
be expended for a project, the estimated cost of which to the National 
Aeronautics and Space Administration, including collateral equipment, 
exceeds $500,000, until 30 days have passed after the Administrator has 
notified the Committee on Science of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate of 
the nature, location, and estimated cost to the National Aeronautics 
and Space Administration of such project.
    (c) Title to Facilities.--If funds are used pursuant to subsection 
(a) for grants to institutions of higher education, or to nonprofit 
organizations whose primary purpose is the conduct of scientific 
research, for purchase or construction of additional research 
facilities, title to such facilities shall be vested in the United 
States unless the Administrator determines that the national program of 
aeronautical and space activities will best be served by vesting title 
in the grantee institution or organization. Each such grant shall be 
made under such conditions as the Administrator shall determine to be 
required to ensure that the United States will receive therefrom 
benefits adequate to justify the making of that grant.

SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.

    To the extent provided in appropriations Acts, appropriations 
authorized under chapter 1 may remain available without fiscal year 
limitation.

SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    (a) In General.--Appropriations authorized under any paragraph of 
section 211(b), 212(b), or 213(3)--
            (1) may be varied upward by 10 percent in the discretion of 
        the Administrator; or
            (2) may be varied upward by 25 percent, to meet unusual 
        cost variations, after the expiration of 15 days following a 
        report on the circumstances of such action by the Administrator 
        to the Committee on Science of the House of Representatives and 
        the Committee on Commerce, Science, and Transportation of the 
        Senate.
The aggregate amount authorized to be appropriated under sections 
211(b), 212(b) and 213(3) shall not be increased as a result of actions 
authorized under paragraphs (1) and (2) of this subsection.
    (b) Special Rule.--Where the Administrator determines that new 
developments in the national program of aeronautical and space 
activities have occurred; and that such developments require the use of 
additional funds for the purposes of construction, expansion, or 
modification of facilities at any location; and that deferral of such 
action until the enactment of the next National Aeronautics and Space 
Administration Authorization Act would be inconsistent with the 
interest of the Nation in aeronautical and space activities, the 
Administrator may use up to $10,000,000 of the amounts authorized under 
section 211(b), 212(b), or 213(3) for each fiscal year for such 
purposes. No such funds may be obligated until a period of 30 days has 
passed after the Administrator has transmitted to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives a written report describing 
the nature of the construction, its costs, and the reasons therefor.

SEC. 234. CONSIDERATION BY COMMITTEES.

    Notwithstanding any other provision of law--
            (1) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program for which the 
        President's annual budget request included a request for 
        funding, but for which the Congress denied or did not provide 
        funding;
            (2) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program in excess of 
        the amount actually authorized for the particular program by 
        October 1; and
            (3) no amount appropriated to the National Aeronautics and 
        Space Administration may be used for any program which has not 
        been presented to the Congress in the President's annual budget 
        request or the supporting and ancillary documents thereto,
unless a period of 30 days has passed after the receipt by the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate of notice given 
by the Administrator containing a full and complete statement of the 
action proposed to be taken and the facts and circumstances relied upon 
in support of such proposed action. The National Aeronautics and Space 
Administration shall keep the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate fully and currently informed with respect 
to all activities and responsibilities within the jurisdiction of those 
committees. Except as otherwise provided by law, any Federal 
department, agency, or independent establishment shall furnish any 
information requested by either committee relating to any such activity 
or responsibility.

SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.

    (a) Reports to Congress.--Not later than 30 days after the later of 
the date of enactment of an Act making appropriations to the National 
Aeronautics and Space Administration for fiscal year 1996 and the date 
of enactment of this Act, the Administrator shall submit a report to 
Congress and to the Comptroller General which specifies--
            (1) the portion of such appropriations which are for 
        programs, projects, or activities not authorized under chapter 
        1 of this subtitle, or which are in excess of amounts 
        authorized for the relevant program, project, or activity under 
        this title; and
            (2) the portion of such appropriations which are authorized 
        under this title.
    (b) Federal Register Notice.--The Administrator shall, coincident 
with the submission of the report required by subsection (a), publish 
in the Federal Register a notice of all programs, projects, or 
activities for which funds are appropriated but which were not 
authorized under this title, and solicit public comment thereon 
regarding the impact of such programs, projects, or activities on the 
conduct and effectiveness of the national aeronautics and space 
program.
    (c) Limitation.--Notwithstanding any other provision of law, no 
funds may be obligated for any programs, projects, or activities of the 
National Aeronautics and Space Administration for fiscal year 1996 not 
authorized under this title until 30 days have passed after the close 
of the public comment period contained in the notice required in 
subsection (b).

SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
              EXPENSES.

    Not more than $30,000 of the funds appropriated under section 212 
may be used for scientific consultations or extraordinary expenses, 
upon the authority of the Administrator.

SEC. 237. LIMITATION ON TRANSFERS TO RUSSIA.

    (a) Limitation.--No funds authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 1996 may 
be paid or otherwise transferred to Russia unless--
            (1) the payment or transfer is authorized by this title;
            (2) the payment or transfer is made in exchange for goods 
        or services that have been provided to the National Aeronautics 
        and Space Administration in accordance with a written agreement 
        between the National Aeronautics and Space Administration and 
        Russia;
            (3) the Government of the Russian Federation agrees to 
        provide a monthly report to the National Aeronautics and Space 
        Administration during the 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 currency, 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 pursuant to paragraph (3); and
            (5) the President, before such payment or transfer and 
        annually upon submission of the President's budget request for 
        fiscal years after fiscal year 1996, has certified to the 
        Congress that--
                    (A) the presence of any troops of the Russian 
                Federation or the Commonwealth of Independent States; 
                and
                    (B) any action by the Russian Federation or the 
                Commonwealth of Independent States, in Estonia, Latvia, 
                Lithuania, or any other independent 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 Federation 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 section 70104 
                to read as follows:

``70104. Restrictions on launches, operations, and reentries.'';
                    (B) by amending the item relating to section 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 section 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 ``launching'' 
                both places it appears in subsection (a)(4);
                    (C) by inserting ``, reentry vehicles,'' after 
                ``launch vehicles'' in subsection (a)(5);
                    (D) by inserting ``and reentry services`' after 
                ``launch services'' in subsection (a)(6);
                    (E) by inserting ``, reentries,'' after 
                ``launches'' both places it appears in subsection 
                (a)(7);
                    (F) by inserting ``, reentry sites,'' after 
                ``launch sites'' in subsection (a)(8);
                    (G) by inserting ``and reentry services'' after 
                ``launch services'' in subsection (a)(8);
                    (H) by inserting ``reentry sites,'' after ``launch 
                sites,'' in subsection (a)(9);
                    (I) by inserting ``and reentry site'' after 
                ``launch site'' in subsection (a)(9);
                    (J) by inserting ``reentry vehicles,'' after 
                ``launch vehicles'' in subsection (b)(2);
                    (K) by striking ``launch'' in subsection (b)(2)(A);
                    (L) by inserting ``and reentry'' after ``commercial 
                launch'' in subsection (b)(3);
                    (M) by striking ``launch'' after ``and transfer 
                commercial'' in subsection (b)(3); and
                    (N) by inserting ``and development of reentry 
                sites,'' after ``launch-site support facilities,'' 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 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, substantially intact.''; and
                    (D) by inserting ``or reentry services'' after 
                ``launch services'' each place it appears in paragraph 
                (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
                    (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:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
                    (B) by inserting ``or reentry site, or reenter 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 heading to 
                        read as follows: ``Preventing Launches and 
                        Reentries.--'';
                            (ii) by inserting ``or reentry'' after 
                        ``prevent the launch''; and
                            (iii) by inserting ``or reentry'' after 
                        ``decides the launch'';
            (6) in section 70105--
                    (A) by inserting ``or reentry site, or reentry of a 
                reentry vehicle,'' after ``operation of a launch site'' 
                in subsection (b)(1); and
                    (B) by striking ``or operation'' and inserting 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:
``Sec. 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 
                        reentry of a reentry vehicle,'' after 
                        ``operation of a launch site''; and
                            (ii) by inserting ``or reentry'' after 
                        ``launch or operation'';
            (9) in section 70109--
                    (A) by amending the section designation and heading 
                to read as follows:
``Sec. 70109. Preemption of scheduled launches or reentries'';
                    (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 commitment'';
                            (iv) by inserting ``or reentry'' after 
                        ``obtained for a launch'';
                            (v) by inserting ``, reentry site,'' after 
                        ``access to a launch site'';
                            (vi) by inserting ``, or services related 
                        to a reentry,'' after ``amount for launch 
                        services''; and
                            (vii) by inserting ``or reentry'' after 
                        ``the scheduled launch''; and
                    (C) in subsection (c), by inserting ``or reentry'' 
                after ``prompt launching'';
            (10) in section 70110--
                    (A) by inserting ``or reentry'' after ``prevent the 
                launch'' in subsection (a)(2); and
                    (B) by inserting ``or reentry site, or reentry 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 ``commercial 
                launch'' both places it appears in subsection (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 subsection 
                (d);
            (12) in section 70112--
                    (A) by inserting ``or reentry'' after ``one 
                launch'' in subsection (a)(3);
                    (B) by inserting ``or reentry services'' after 
                ``launch services'' in subsection (a)(4);
                    (C) by inserting ``or reentry services'' after 
                ``launch services'' each place it appears in subsection 
                (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 reentry'' 
                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--
                    (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 ``approval 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, operation 
                        of a launch vehicle or reentry vehicle, 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);
                            (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 activities, as 
        defined by the Secretary by regulation.''; and
            (16) in section 70119, by inserting the following 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 section 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)'';
            (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, procedure, 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 subsection 
        (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 accepting 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 issued pursuant to section 
70105(b)(2)(D) of title 49, 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 
                preparation 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 Secretary shall submit to the Committee on 
Science of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a written 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 subparagraph 
        (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 following 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'';
            (B) in subsection (b)(1), by inserting ``launch, reentry, 
        or site operator'' after ``(1)A''; and
            (C) in subsection (f), by inserting ``launch, reentry, 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 Secretary 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 ANALYSIS.

    The Chief Financial Officer for the National Aeronautics 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 
submission 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 advice of expertise outside of the 
National Aeronautics and Space Administration.

SEC. 244. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 AMENDMENTS.

    (a) Declaration of Policy and Purpose.--Section 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 subsection:
    ``(c)(1) The Administrator, on the request of a private sector 
entity, shall delay for a period of at least one day, but not to exceed 
5 years, the unrestricted public disclosure 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 
research activities or programs funded jointly by the Administration 
and such private sector entity.
    ``(2) Within 1 year after the date of the enactment of the National 
Aeronautics and Space Administration Authorization 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 competitiveness in civil and 
        governmental aeronautical and space activities by the United 
        States industrial base; and
            ``(C) a specification of the period or periods for which 
        the delay in unrestricted public disclosure of technical data 
        is to apply to various categories of such data, and the 
        restrictions on disclosure of such data during such period or 
        periods, including a requirement 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 research 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 maintaining 
leadership or competitiveness in civil and governmental aeronautical 
and space activities by the United States industrial 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 `technical data' 
means any recorded information, including computer software, that is or 
may be directly applicable to the design, engineering, development, 
production, manufacture, or operation of products or processes that may 
have significant value in maintaining leadership or competitiveness 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 establish within 
        the Office of Space Access and Technology a program of 
        expedited technology procurement for the purpose of 
        demonstrating how innovative technology concepts can rapidly be 
        brought to bear upon space missions of the National Aeronautics 
        and Space Administration.
            (2) Procedures and evaluation.--The Administrator shall 
        establish procedures for actively seeking from persons outside 
        the National Aeronautics and Space Administration innovative 
        technology concepts, relating to the provision of space 
        hardware, technology, or service to the National Aeronautics 
        and Space Administration, and for the evaluation 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 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 Administration with special expertise and experience 
        related to the innovative technology concepts with respect to 
        which procurements are made under this subsection.
            (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 coordinate 
        National Aeronautics and Space Administration resources in the 
        areas of procurement, commercial 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 integrating 
                advanced technology from the commercial sector, and 
                from Federal sources outside the National Aeronautics 
                and Space Administration, into the missions and 
                programs of the National Aeronautics and Space 
                Administration;
                    (C) incorporate private sector buying and bidding 
                procedures, including fixed price contracts, into 
                procurements; and
                    (D) provide incentives for cost-plus contractors of 
                the National Aeronautics and Space Administration to 
                integrate commercially available technology in 
                subsystem contracts on a fixed-price basis.
            (2) Certification.--Upon solicitation of any procurement 
        for space hardware, technology, or services that are not 
        commercially available, the Administrator shall certify, by 
        publication of a notice and opportunity to comment in the 
        Commerce Business Daily, for each such procurement action, that 
        no functional equivalent, commercially, available space 
        hardware, technology, or service exists and that no commercial 
        method of procurement in available.

SEC. 246. ADDITIONAL NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
              FACILITIES.

    The Administrator shall not construct or enter into a new lease for 
facilities to support National Aeronautics and Space Administration 
programs unless the Administrator has certified to the Congress that 
the Administrator reviewed existing National Aeronautics and Space 
Administration 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. Examples of such data include scientific 
data concerning the elemental and mineralogical resources of the moon 
and the planets, Earth environmental data obtained through remote 
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 Administration specifications systems with 
respect to the design, construction, or operation of equipment used in 
obtaining space science data under contracts entered into under this 
section shall not be a requirement for a commercial provider 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 Defense'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 resources;
            (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 Scientific 
        Research and Mission to Planet Earth enterprises of the 
        National Aeronautics and Space Administration;
            (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 Government 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 Government goals for 
                Mission to Planet Earth; and
                    (B) evaluate and foster commercial data sources, 
                commercial archiving services, commercial 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 operation, of space transportation systems to the Federal 
purchase of commercial space transportation services for all 
nonemergency launch requirements, including human, cargo, and mixed 
payloads. In those preparations, the Administrator 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 Administrator 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 Administrator shall publish in the Commerce 
Business Daily a request 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 contractor;
            (3) the annual target cost to be achieved by the single 
        prime contractor;
            (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 accompanied 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 subsection (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 prepare for Federal Government, or 
federally contracted, operation 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 contracted, 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 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 Research and Technology 
programs of the National Aeronautics and Space Administration in excess 
of amounts authorized by this title, except to the extent that the 
Administrator receives from non-Federal sources full reimbursement of 
such excess amounts through payment of costs associated with research 
at the aeronautical research and technology facilities of the National 
Aeronautics and Space Administration.

SEC. 251. LAUNCH VOUCHER DEMONSTRATION PROGRAM AMENDMENTS.

    Section 504 of the National Aeronautics and Space Administration 
Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the Office of Commercial Programs 
                within''; and
                    (B) by striking ``Such program shall not be 
                effective after September 30, 1995.'';
            (2) by striking subsection (c); and
            (3) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 252. PRIVATIZATION OF MICROGRAVITY PARABOLIC FLIGHT OPERATIONS.

    (a) Finding.--The Congress finds that no national security or 
mission critical justification exists for the National Aeronautics and 
Space Administration to maintain its own fleet of aircraft to provide a 
short duration microgravity environment via parabolic flight.
    (b) Privatization of Flight Operations.--(1) The Administrator 
shall privatize all parabolic flight aircraft operations conducted by 
or for the National Aeronautics and Space Administration in support of 
microgravity research, astronaut training, and other functions, through 
issuance of one or more long-term, renewable, block purchase contracts 
for the performance of such operations 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 Administration, as described in paragraph (1). The 
Administrator shall coordinate the process of review of such proposals, 
and shall oversee the transfer of such operations to the private sector 
as specified in paragraph (3).
    (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 
Aeronautics and Space Administration-operated parabolic aircraft 
flights, and shall thereafter procure all microgravity parabolic flight 
services from private sector providers. National Aeronautics and Space 
Administration experimenters, and National Aeronautics and Space 
Administration-funded experimenters, who would otherwise use National 
Aeronautics and Space Administration-owned or operated microgravity 
parabolic flight aircraft, shall be issued 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 Administration operations, continue to 
operate parabolic aircraft flights for up to 3 months after a contract 
is awarded under paragraph (3). If the Administrator continues 
operations pursuant to this paragraph, the Administrator shall 
concurrently transmit to the Congress an explanation of the reasons for 
such action.
    (5) Six months after the National Aeronautics and Space 
Administration ceases all parabolic aircraft flights under paragraph 
(3), the Administrator shall transmit a report to Congress on the 
effectiveness of privatization under this section.

SEC. 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 effective 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 legislation 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 legislation 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 authorized 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--
            (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 subsection (a) 
                and inserting in lieu thereof ``laboratories and 
                centers'';
                    (B) by striking ``supersonic'' in subsection (a) 
                and inserting in lieu thereof ``transonic, supersonic, 
                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 National Aeronautics 
and Space Administration for additional facilities, the Administrator, 
whenever feasible, shall select abandoned and underutilized buildings, 
grounds, and facilities in depressed communities that can be converted 
to National Aeronautics and Space Administration facilities at a 
reasonable cost, as determined by the Administrator.
    (b) Definitions.--For purposes of this section, the term 
``depressed communities'' means rural and urban communities that are 
relatively depressed, in terms of age of housing, extent of poverty, 
growth of per capita income, extent of unemployment, job lag, or 
surplus labor.

                    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 Organization for 
        Nuclear Research;
            (2) the term ``Department'' means the Department 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, demonstration, or commercial 
        application project whose construction 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 acquisition'' means 
        the acquisition of civilian research, development, 
        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 Research and Development operating, capital equipment, 
and construction the following amounts:
            (1) Solar and Renewable Energy, $235,451,000, of which--
                    (A) $235,331,000 shall be for operating and capital 
                equipment; and
                    (B) $120,000 shall be for construction of Project 
                GP-C-002, General Plant Projects, National Renewable 
                Energy Laboratory.
            (2) Nuclear Energy, $270,448,000, of which--
                    (A) $267,748,000 shall be for operating and capital 
                equipment, including, subject to section 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, Argonne National 
                Laboratory-West, Idaho; and
                    (C) $1,700,000 shall be for completion of 
                construction of Project 95-E-207, Modifications to 
                Reactors, Experimental Breeder Reactor-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, Various Locations;
                    (C) $5,700,000 shall be for construction of Project 
                94-E-339, Human Genome Laboratory, Lawrence Berkeley 
                Laboratory;
                    (D) $4,295,000 shall be for completion of 
                construction of Project 94-E-338, Structural Biology 
                Facility, Argonne National Laboratory;
                    (E) $2,600,000 shall be for completion of 
                construction of Project 94-E-337, ALS Structural 
                Biology Support Facilities, Lawrence Berkeley 
                Laboratory; and
                    (F) $40,000,000 shall be for construction of 
                Project 91-EM-100, Environmental Molecular 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 Energy;
                    (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, Various Locations; and
                    (D) $3,200,000 shall be for construction of Project 
                96-E-310, Elise Project, Lawrence Berkeley Laboratory.
            (6) Basic Energy Sciences, $827,981,000, of which--
                    (A) $805,412,000 shall be for operating and capital 
                equipment, including $60,000,000 for the Scientific 
                Facilities Initiative;
                    (B) $4,500,000 shall be for construction of Project 
                GPE-400, General Plant Projects, Various 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 National Laboratory; and
                    (E) $2,000,000 shall be for construction of Project 
                87-R-405, Combustion Research Facility, 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--Facilities 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, Various Locations;
                    (C) $8,740,000 shall be for construction of Project 
                95-E-310, Multiprogram Laboratory Rehabilitation, Phase 
                1, Pacific Northwest Laboratory;
                    (D) $1,500,000 shall be for construction of Project 
                95-E-303, Electrical Safety Rehabilitation, 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 Rehabilitation, Phase 
                1, Argonne National Laboratory;
                    (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 Storage and 
                Transfer Facility Upgrade, Brookhaven National 
                Laboratory;
                    (I) $800,000 shall be for construction of Project 
                96-E-332, Building 801 Renovations, Brookhaven National 
                Laboratory;
                    (J) $2,400,000 shall be for completion of 
                construction of Project 96-E-331, Sanitary Sewer 
                Restoration, Phase I, Lawrence Berkeley Laboratory;
                    (K) $1,200,000 shall be for construction of Project 
                96-E-330, Building Electrical Service Upgrade, Phase I, 
                Argonne National Laboratory;
                    (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 Modifications, Phase II, 
                Brookhaven National Laboratory;
                    (N) $1,000,000 shall be for construction of Project 
                95-E-307, Fire Safety Improvements, Phase III, Argonne 
                National Laboratory;
                    (O) $1,288,000 shall be for completion of 
                construction of Project 93-E-324, Hazardous Materials 
                Safeguards, Phase I, Lawrence Berkeley Laboratory;
                    (P) $1,130,000 shall be for completion of 
                construction of Project 93-E-323, Fire and Safety 
                Systems Upgrade, Phase I, Lawrence Berkeley Laboratory; 
                and
                    (Q) $2,411,000 shall be for construction of Project 
                93-E-320, Fire and Safety Improvements, 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 Program, $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 Valley Liquid 
                Low-Level Waste Collection and Transfer System Upgrade, 
                Oak Ridge National Laboratory;
                    (C) $4,000,000 shall be for construction of Project 
                88-R-830, Bethel Valley Liquid Low-Level Waste 
                Collection and Transfer System Upgrade, Oak Ridge 
                National Laboratory;
                    (D) $2,255,000 shall be for construction of Project 
                GPN-103, Oak Ridge Landlord General Plant Projects;
                    (E) $730,000 shall be for construction of Project 
                GPN-102, Test Reactor Area Landlord General Plant 
                Projects, Idaho National Engineering Laboratory;
                    (F) $1,900,000 shall be for construction of Project 
                95-E-201, Test Reactor Area Landlord Fire and Life 
                Safety Improvements, Idaho National Engineering 
                Laboratory;
                    (G) $2,040,000 shall be for construction of Project 
                GPE-600, General Plant Projects, Waste Management, Non-
                Defense, Various Locations;
                    (H) $300,000 shall be for construction of Project 
                94-E-602, Bethel Valley Federal Facility Agreement 
                Upgrades, Oak Ridge National Laboratory;
                    (I) $4,048,000 shall be for construction of Project 
                93-E-900, Dry Cast Storage, Idaho National Engineering 
                Laboratory;
                    (J) $787,000 shall be for construction of Project 
                91-E-602, Rehabilitation of Waste Management Building 
                306, Argonne National Laboratory; and
                    (K) $671,000 shall be for completion of 
                construction of Project 88-R-812, Hazardous Waste 
                Handling Facility, Lawrence Berkeley Laboratory.
    (b) General Science and Research Activities.--There are authorized 
to be appropriated to the Secretary for fiscal year 1996 for General 
Science and Research Activities operating, capital equipment, and 
construction the following amounts:
            (1) High Energy Physics, $680,137,000, of which--
                    (A) $554,191,000 shall be for operating and capital 
                equipment, including $15,000,000 for the Scientific 
                Facilities Initiative;
                    (B) $12,146,000 shall be for construction of 
                Project GPE-103, General Plant Projects, Various 
                Locations;
                    (C) $9,800,000 shall be for construction of Project 
                96-G-301, Accelerator Improvements and Modifications, 
                Various Locations;
                    (D) $52,000,000 shall be for construction of 
                Project 94-G-305, B-Factory, Stanford Linear 
                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, Various 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 Development.--There are authorized 
to be appropriated to the Secretary for fiscal year 1996 for Fossil 
Energy Research and Development operating, capital equipment, and 
construction 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 Support, $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 Electricity, 
        $2,687,000.
    (d) Energy Conservation Research and Development.--There are 
authorized to be appropriated to the Secretary for fiscal year 1996 for 
Energy Conservation Research and Development operating and capital 
equipment the following amounts:
            (1) Buildings Sector, $88,645,000.
            (2) Industry Sector, $109,518,000.
            (3) Transportation Sector, $176,568,000.
            (4) Technical and Financial Assistance (Non-Grants), 
        $31,600,000.
            (5) Policy and Management--Energy Conservation, $7,666,000.
    (e) Fiscal Year 1997.--There are authorized to be appropriated to 
the Secretary for fiscal year 1997 for operating, 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 Development, 
        $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 following programs, projects, and 
activities:
            (1) Solar Buildings Technology Research.
            (2) Solar International Program.
            (3) Solar Technology Transfer.
            (4) Solar Program Support.
            (5) Hydropowder.
            (6) Space Power Reactor Systems.
            (7) Nuclear Energy Facilities.
            (8) Soviet-Designed Reactor Safety.
            (9) Russian Replacement Power Initiative.
            (10) Civilian Radioactive Waste Research and Development.
            (11) Tokamak Physics Experiment.
            (12) Advanced Neutron Source.
            (13) Energy Research Analysis.
            (14) Energy Research Laboratory Technology Transfer.
            (15) University and Science Education.
            (16) Technology Partnerships.
            (17) In-House Energy Management.
            (18) Direct Liquefaction.
            (19) Indirect Liquefaction.
            (20) Systems for Coproducts.
            (21) High Efficiency-Integrated Gasification Combined 
        Cycle.
            (22) High Efficiency-Pressurized Fluidized Bed.
            (23) Technical and Economic Analysis.
            (24) International Program Support.
            (25) Coal Technology Export.
            (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 Deployment.
            (31) Industry Sector Municipal Solid Wastes.
            (32) Industry Sector Implementation and Deployment.
            (33) Alternative Fuels Utilization.
            (34) Transportation Sector Implementation and Deployment.
            (35) Utility Sector Integrated Resource Planning.
            (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 Expenditure.--No funds may be 
available for obligation or expenditure with respect to the following:
            (1) University of Nebraska Medical Center Transplant 
        Center.
            (2) Oregon Health Sciences University.
    (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 
provided 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 authorized 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 civilian research, development, 
demonstration, or commercial application activities, including related 
facility construction, 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 financial assistance 
        may be awarded pursuant to a provision of law that requires or 
        authorizes the award of the financial assistance in a manner 
        inconsistent with subsection (a) until--
                    (A) the Secretary submits to the Congress a written 
                notice of the Secretary's intent to award the financial 
                assistance; and
                    (B) 180 days has elapsed after the date on which 
                the notice is received by the Congress.
    (c) Definitions.--For purposes of this section:
            (1) The term ``objective merit review process'' means a 
        thorough, consistent, and independent examination 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 subrecipient 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 Innovation 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 experiment 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 CONSTRUCTION.

    (a) Requirement of Prior Authorization.--(1) No funds are 
authorized to be appropriated to the Secretary for any substantial 
construction project, substantial equipment acquisition, or major 
construction project unless a report on such project or acquisition has 
been provided to Congress in accordance with subsection (b).
    (2) The Secretary may not obligate any funds for any substantial 
construction project, substantial equipment acquisition, 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 
design phase is completed but the construction or acquisition is not 
completed. Such report shall include--
            (A) an estimate of the total cost of completion of the 
        construction project or acquisition, itemized by individual 
        activity and by fiscal year; and
            (B) an identification of which construction projects or 
        acquisitions have not been specifically authorized by statute.
The Secretary shall annually update and resubmit the report required by 
this paragraph, as part of the report required 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 preliminary 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 complete 
        construction;
            (C) an estimate of the annual operating costs of the 
        facility;
            (D) the intended useful operating life of the facility; and
            (E) an identification of any existing facilities to be 
        closed as a result of the operation of the facility.

SEC. 308. FURTHER AUTHORIZATIONS.

    Nothing in this title shall preclude further authorization 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 
approved by Congress, allow for such further authorizations.

SEC. 309. HIGH ENERGY AND NUCLEAR PHYSICS.

    (a) Large Hadron Collider Project.--
            (1) Negotiations.--The Secretary, in consultation 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 ensure that any 
        agreement incorporates provisions to protect the United States 
        investment in the project, including provisions for--
                    (A) fair allocation of costs and benefits among 
                project participants;
                    (B) a limitation on the amount of United States 
                contribution to project construction and an estimate of 
                the United States contribution to subsequent operating 
                costs;
                    (C) a cost and schedule control system for the 
                total project;
                    (D) a preliminary statement of costs and the 
                schedule for all component design, testing, and 
                fabrication, including technical, goals and milestones, 
                and a final statement of such costs and schedule within 
                1 year after the date on which the parties enter into 
                the agreement;
                    (E) a preliminary statement of costs and the 
                schedule for total project construction and operation, 
                including technical goals and milestones, 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 significantly behind schedule;
                    (G) conditions of access for United States and 
                other scientists to the facility; and
                    (H) a process for addressing international 
                coordination and cost sharing on high energy physics 
                projects beyond the Large Hadron Collider.
            (2) Other international negotiations.--Nothing in this 
        title shall be construed to preclude the President from 
        entering into negotiations with respect to international 
        science agreements.
    (b) Report to Congress.--Before January 1, 1996, the Secretary, in 
consultation with the Director of the National Science Foundation and 
with the high energy and nuclear physics communities, shall prepare and 
transmit to the Congress a strategic plan for the high energy and 
nuclear physics activities of the Department, assuming 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 activities authorized under section 303(b) for 
each of the fiscal years 1998, 1999, and 2000. The report shall 
include--
            (1) a list of research opportunities to be purchased 
        including both ongoing and proposed activities;
            (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 support and the optimal 
        balance between university and laboratory research programs;
            (4) schedules for the continuation, consolidation, 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 coordinate 
        research projects with the international communities 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 legislation 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 legislation 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 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 effective 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. 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 termination 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 Department.

       TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``National Oceanic and Atmospheric 
Administration Authorization Act of 1995''.

SEC. 402. DEFINITIONS.

    For the purposes of this title, the term--
            (1) ``Act of 1890'' means the Act entitled ``An Act to 
        increase the efficiency and reduce the expenses 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'', approved 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 commissioned officers of the 
        National Oceanic and Atmospheric Administration, and for other 
        purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et 
        seq.);
            (4) ``Administrator'' means the Administrator of the 
        National Oceanic and Atmospheric Administration; and
            (5) ``Secretary'' means the Secretary of Commerce.

        Subtitle A--Atmospheric, Weather, and Satellite Programs

SEC. 411. NATIONAL WEATHER SERVICE.

    (a) Operations and Research.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the operations and research 
duties of the National Weather Service, $472,338,000 for fiscal year 
1996. Such duties include meteorological, hydrological, and 
oceanographic public warnings and forecasts, as well as applied 
research in support of such warnings and forecasts.
    (b) Systems Acquisition.--There are authorized to be appropriated 
to the Secretary to enable the National Oceanic and Atmospheric 
Administration to carry out the public warning and forecast systems 
duties of the National Weather Service, $79,034,000 for fiscal year 
1996. Such duties include the development, acquisition, and 
implementation of major public warning and forecast systems. None of 
the funds authorized under this subsection shall be used for the 
purposes for which funds are authorized under section 102(b) of the 
National Oceanic and Atmospheric Administration Authorization Act of 
1992 (Public Law 102-567). None of the funds authorized by such section 
102(b) shall be expended for a particular NEXRAD installation unless--
            (1) it is identified as a National Weather Service NEXRAD 
        installation in the National Implementation 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 contained in section 
102(b) of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992.
    (d) ASOS Program Authorization.--Of the sums authorized in 
subsection (b), $16,952,000 for fiscal year 1996 are authorized to be 
appropriated to the Secretary, for the acquisition and deployment of--
            (1) the Automated Surface Observing System and related 
        systems, including multisensor and backup arrays for National 
        Weather Service sites at airports; and
            (2) Automated Meteorological Observing System and Remote 
        Automated Meteorological Observing System replacement units.
and to cover all associated activities, including program management 
and operations and maintenance.
    (e) AWIPS Authorization.--Of the sums authorized in subsection (b), 
there are authorized to be appropriated to the Secretary $52,097,000 
for fiscal year 1996, to remain available until expended, for--
            (1) the acquisition and deployment of the Advanced Weather 
        Interactive Processing System and NOAA Port and associated 
        activities; and
            (2) associated program management and operations and 
        maintenance.
    (f) Construction of Weather Forecast Offices.--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 weather forecast 
offices, $20,628,000 for fiscal year 1996. Such activities include 
planning, design, and land acquisition related to such offices.
    (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 office, the Secretary 
shall publish the certification in the Federal Register and submit the 
certification to the Committee 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 closure of any weather office a 
program to--
            ``(1) provide timely information regarding the activities 
        of the National Weather Service which may affect service to the 
        community, including modernization and restructuring; and
            ``(2) work with area weather service users, including 
        persons associated with general aviation, civil defense, 
        emergency preparedness, and the news media, with respect to the 
        provision of timely weather warnings and forecasts.''; and
            (2) by amending section 707(c) to read as follows:
    ``(c) Duties.--The Committee may review any certification 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 developed by the 
Secretary in connection with the certification. The Committee shall 
evaluate any certification reviewed 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 Reliability.--(1) The 
Secretary of Defense, in conjunction with the Administrator of the 
National Oceanic and Atmospheric 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 Defense that provide 
primary detection coverage over a portion 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 Research 
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 existing and future Federal Aviation 
Administration Terminal Doppler Weather Radars to provide reliable 
weather radar data, in a cost-effective manner, to nearby weather 
forecast offices. The Secretary shall report to the Committee on 
Science of the House of Representatives and the Committee 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 Administration to carry out its climate and air quality 
research duties, $86,757,000 for fiscal year 1996. Such duties include 
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 education for fiscal year 1995 is 
provided to institutions of higher education from funds authorized by 
this subsection.
    (b) Atmospheric Programs.--There are authorized to be appropriated 
to the Secretary to enable the National Oceanic and Atmospheric 
Administration to carry out its atmospheric research duties, 
$39,894,000 for fiscal year 1996. Such duties include research for 
developing improved 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 Environment 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 procurement, launch, and 
associated ground station systems involving 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 
section 105(d) of the National Oceanic and Atmospheric Administration 
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 procurement of Polar Orbiting Environmental 
Satellites, K, L, M, N, and N\1\, and the procurement of the launching 
and supporting 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 Administrator $46,300,000 for fiscal year 1996, to 
remain available until expended--
            (1) to procure up to three additional Geostationary 
        Operational Environmental NEXT Satellites (GOES I-M clones) and 
        instruments; and
            (2) for contracts, and amendments or modifications of 
        contracts, with the developer of previous GOES-NEXT satellites 
        for the acquisition of the additional satellites and 
        instruments described in paragraph (1).
    (d) Environmental Data and Information Services.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out its environmental 
data and information services duties, $35,665,000 for fiscal year 1996. 
Such duties include climate data services, geophysical data services, 
and environmental assessment and information services.
    (e) National Polar-Orbiting Operational Environmental Satellite 
System Program Authorization.--Of the sums authorized in subsection 
(a), there are authorized to be appropriated to the Secretary, for 
fiscal year 1996, $39,500,000, to remain available until expended, for 
the procurement of the National Polar-Orbiting Operational 
Environmental Satellite System, and the procurement of the launching 
and supporting ground systems 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 appropriated to the 
Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out geodesy activities 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 National 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 addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary, to enable the National Oceanic 
        and Atmospheric 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 Administration to carry out ocean and earth 
        science activities, $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 National Oceanic and Atmospheric 
        Administration to support estuarine and coastal assessment 
        activities under the Act of 1947 and any other law involving 
        those activities, $1,171,000 for fiscal year 1996.
            (2) Ocean assessment.--In addition to amounts authorized 
        under paragraph (1), there are authorized to be appropriated to 
        the Secretary, to enable the National Oceanic and Atmospheric 
        Administration to carry out the National Status and Trends 
        Program, the Strategic Environmental Assessment Program, and 
        the Hazardous Materials Response Program, $8,401,000 for fiscal 
        year 1996.
            (3) Damage assessment 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 Administration to carry out the Damage 
        Assessment 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 Administration to carry out the Coastal Ocean 
        Program, $9,158,000 for fiscal year 1996.

SEC. 422. OCEAN AND GREAT LAKES RESEARCH.

    (a) Marine Prediction Research.--There are authorized 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 Program Act (33 U.S.C. 1131(a)) is amended 
to read as follows:
    ``(a) Grants and Contracts; Fellowships.--There are authorized to 
be appropriated to carry out sections 205 and 208, $51,000,000 for 
fiscal year 1996.''.
    (2) Section 212(b)(1) of the National Sea Grant College 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 discipline involving scientific research''.

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 Administration'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 
        cooperation with defense agencies.
    (b) Sense of Congress.--It is the sense of the Congress that the 
National Oceanic and Atmospheric Administration should expand its 
efforts to develop interagency agreements to further the use of 
defense-related technologies, data, and other resources to support its 
oceanic missions.
    (c) Report.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Commerce shall 
        submit to the Committee on Science and the Committee on 
        Resources of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a report on 
        the feasibility of expanding the use of defense-related 
        technologies, data, and other resources to support and enhance 
        the oceanic missions of the National Oceanic and Atmospheric 
        Administration.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) a detailed listing of defense-related resources 
                currently available to the National Oceanic and 
                Atmospheric Administration and the National Oceanic and 
                Atmospheric Administration missions which utilize those 
                resources;
                    (B) detailed findings and recommendations, 
                including funding requirements, on the potential for 
                expanding the use of available defense-related 
                resources;
                    (C) a detailed listing and funding history of the 
                National Oceanic and Atmospheric Administration 
                resources, including data and technology, which could 
                be supplemented by defense-related resources;
                    (D) a listing of currently unavailable defense-
                related resources, including data and technology, which 
                if made available would enhance 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, operational centers, and 
                research facilities of the National Oceanic and 
                Atmospheric Administration; 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 Atmospheric 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.
    (b) Central Administrative Support.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration 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 appropriated to the 
Secretary, for retired pay for retired commissioned officers of the 
National Oceanic and Atmospheric 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 availability 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, 
        monitoring, enforcement, and management, and to acquire other 
        data necessary to carry out the missions of the National 
        Oceanic and Atmospheric Administration. The Secretary shall 
        enter into these contracts unless--
                    (A) the cost of the contract is more than the cost 
                (including the cost of vessel operation, maintenance, 
                and all personnel) to the National Oceanic and 
                Atmospheric Administration of obtaining 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-purchase, upgrade, or service life 
        extension of any vessel.
            (3) Multiyear contracts.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), and notwithstanding section 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 respect to that contract that 
                there is a reasonable expectation that throughout the 
                contemplated contract period the Secretary will request 
                from Congress funding for the contract at the level 
                required to avoid contract termination.
                    (C) Required provisions.--The Secretary may not 
                enter into a contract pursuant to this paragraph unless 
                the contract includes--
                            (i) a provision under which the obligation 
                        of the United States to make payments under the 
                        contract for any fiscal year is subject to the 
                        availability of appropriations 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 specified 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 appropriated 
                                before the date of the termination for 
                                the performance of the contract or for 
                                procurement of the type 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 Oceanographic Laboratory System 
        vessels where appropriate 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 Secretary, to enable the National 
        Oceanic and Atmospheric 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 Oceanic and Atmospheric 
Administration to carry out aircraft services activities (including 
aircraft operations, maintenance, 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 enable the National Oceanic and 
Atmospheric Administration 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 Renewal.
            (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.
            (13) National Weather Service non-Federal, non-wildfire 
        Fire Weather Service.
            (14) National Weather Service Regional Climate 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 
Committee on Commerce, Science, and Transportation of the Senate a 
report certifying that all the programs listed in subsection (a) will 
be terminated no later than September 30, 1995.
    (c) Repeal of Sea Grant Programs.--
            (1) Repeals.--(A) Section 208(b) of the National Sea Grant 
        College Program Act (33 U.S.C. 1127(b)) is repealed.
            (B) Section 3 of the Sea Grant Program Improvement Act of 
        1976 (33 U.S.C. 1124a) is repealed.
            (2) Conforming amendment.--Section 209 of the National Sea 
        Grant College Program Act (33 U.S.C. 1128(b)(1)) is amended by 
        striking ``and section 3 of the Sea Grant Program Improvement 
        Act of 1976''.
    (d) Additional Repeal.--The NOAA Fleet Modernization Act (33 U.S.C. 
851 note) is repealed.

SEC. 442. LIMITATIONS ON APPROPRIATIONS.

    (a) Subsequent Fiscal Years.--No sums are authorized 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 
Administration to carry out all activities associated with Operations, 
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 reimbursement of travel and related 
expenses for National Oceanic and Atmospheric Administration personnel.

SEC. 443. TERMINATION OF THE CORPS OF COMMISSIONED OFFICERS.

    (a) Number of Officers.--Notwithstanding section 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 
commissioned officers are authorized for any fiscal year after fiscal 
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, officers 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 Transportation and 
under terms and conditions specified by the Secretary, commissioned 
officers subject to subsection (a) may transfer to the United States 
Coast Guard under section 716 of title 10, United States Code.
    (3) Subject to the approval of the Administrator of the National 
Oceanic and Atmospheric Administration and under terms and conditions 
specified by that Administrator, commissioned officers subject to 
subsection (a) may be employed by the National Oceanic and Atmospheric 
Administration as members of the civil service.
    (d) Repeals.--(1) The following provisions of law are repealed:
            (A) The Coast and Geodetic Survey Commissioned 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, section 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).
            (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 subsection.
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 unauthorized person 
to remove, change the location of, obstruct, willfully damage, make 
fast to, or interfere with any weather data buoy established, 
installed, operated, or maintained by the National Data Buoy Center.
    (b) Civil Penalties.--The Administrator is authorized to assess a 
civil penalty against any person who violates 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 National Data Buoy Center; or for information leading 
to the discovery of missing National Weather Service property 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 oceanographic data 
        and information; and
            (4) the preparation of hydrometeorological guidance 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 commercial 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 Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report detailing all National 
Weather Service activities which do not conform to the requirements of 
this section and outlining a timetable for their termination.

SEC. 453. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Administrator shall exclude from consideration 
for awards of financial assistance made by the National Oceanic and 
Atmospheric 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 effective 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. 454. PROHIBITION OF LOBBYING ACTIVITIES.

    None of the funds authorized by this title shall be available for 
any activity whose purpose is to influence legislation 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 legislation or 
appropriations which they deem necessary for the efficient conduct of 
the public business.

SEC. 455. REPORT ON LABORATORIES.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall conduct a review of the 
laboratories operated by the National Oceanic and Atmospheric 
Administration and submit a report to the Committee on Resources and 
the Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate.
    (b) Requirements.--The report required by subsection (a) shall--
            (1) address potential efficiencies and savings which could 
        be achieved through closing or consolidating laboratory 
        facilities;
            (2) review each laboratory's--
                    (A) mission and activities and their correlation to 
                the mission priorities of the National Oceanic and 
                Atmospheric Administration;
                    (B) physical assets, equipment, condition, and 
                personnel resources; and
                    (C) organization and program management; and
            (3) address other issues the Inspector General consider 
        relevant.

SEC. 456. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT 
              GLOUCESTER, MASSACHUSETTS.

    (a) Conveyance Required.--
            (1) In general.--The Secretary shall convey to the 
        Commonwealth of Massachusetts all right, title, and interest of 
        the United States in and to the property comprising the 
        National Marine Fisheries Service laboratory located on Emerson 
        Avenue in Gloucester, Massachusetts.
            (2) Terms.--A conveyance of property under paragraph (1) 
        shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the terms and conditions specified 
                under subsections (b) and (c).
    (b) Conditions for Transfer.--
            (1) In general.--As a condition of any conveyance of 
        property under this section, the Commonwealth of Massachusetts 
        shall assume full responsibility for maintenance of the 
        property for as long as the Commonwealth retains the right and 
        title to that property.
            (2) Continued use of property by nmfs.--The Secretary may 
        enter into a memorandum of understanding with the Commonwealth 
        of Massachusetts under which the National Marine Fisheries 
        Service is authorized to occupy existing laboratory space on 
        the property conveyed under this section, if--
                    (A) the term of the memorandum of understanding is 
                for a period of not longer than 5 years beginning on 
                the date of enactment of this Act; and
                    (B) the square footage of the space to be occupied 
                by the National Marine Fisheries Service does not 
                conflict with the needs of, and is agreeable to, the 
                Commonwealth of Massachusetts.
    (c) Reversionary Interest.--All right, title, and interest in and 
to all property conveyed under this section shall revert to the United 
States on the date on which the Commonwealth of Massachusetts uses any 
of the property for any purpose other than the Commonwealth of 
Massachusetts Division of Marine Fisheries resource management program.

SEC. 457. CLEANUP OF NOAA FACILITIES.

    (a) In General.--The Secretary shall cleanup landfills, wastes, 
dumps, debris, storage tanks, property, hazardous or unsafe conditions, 
and contaminants (including, without limitation, petroleum products and 
their derivatives), on lands which the National Oceanic and Atmospheric 
Administration and its predecessor agencies abandoned, quitclaimed, or 
otherwise transferred, or is obligated to transfer, to local entities 
or landowners on the Pribilof Islands, Alaska, pursuant to the Fur Seal 
Act of 1966 (16 U.S.C. 1161 et seq.).
    (b) Specific Requirements.--To carry out subsection (a), the 
Secretary shall--
            (1) by December 31, 1995, execute agreements with the State 
        of Alaska, affected local entities and landowners, and in the 
        case of new landfills, the Indian Health Service;
            (2) manage the cleanup required in subsection (a) with the 
        minimum possible Federal overhead, delay, and duplication of 
        State and local planning and design work;
            (3) receive approval of the State of Alaska for the cleanup 
        plans prepared as a result of the agreements described in 
        subsection (b)(1) where said cleanup is required by State law;
            (4) receive approval of affected local entities and 
        landowners before conducting cleanup work on their property, if 
        such approval is not obtained by agreement in accordance with 
        paragraph (5);
            (5) to the maximum extent possible, and notwithstanding any 
        other law, carry out duties under this Act and under other 
        Federal laws on the Pribilof Islands through contracts, grants, 
        or cooperative agreements, including agreements on a 
        reimbursable basis, with the local entities and landowners and 
        with residents of the Pribilof Islands; and
            (6) not require financial contributions by or from local 
        entities or landowners.
    (c) Contents of Agreements.--The agreements described in subsection 
(b)(1) shall--
            (1) require the Secretary to clean up all sites referred to 
        in subsection (a), as soon as possible;
            (2) specify the Secretary's responsibility to--
                    (A) contribute to the planning and construction of 
                new or redeveloped landfills;
                    (B) provide technical and financial assistance and 
                training to the local entities and landowners and 
                residents of the Pribilof Islands; and
                    (C) to the greatest extent possible, secure their 
                participation in carrying out this section.
    (d) Definitions.--For purposes of this section--
            (1) the term ``cleanup'' means, without limitation, 
        planning and execution of remediation actions for lands 
        described in subsection (a) and redevelopment of landfills to 
        meet regulatory requirements; and
            (2) the term ``local entities and landowners'' means those 
        local political subdivisions and entities that have received or 
        are eligible to receive lands under the Fur Seal Act of 1966 
        (16 U.S.C. 1161 et seq.).

SEC. 458. OCEAN APPLICATIONS BRANCH.

    (a) Establishment.--The Secretary of commerce shall establish and 
maintain within the Administration a program to be known as the Ocean 
Applications Branch (in this section referred to as the ``Branch'').
    (b) Purpose.--The purpose of the Branch shall be to make 
oceanographic and other information developed by the Department of 
Defense Fleet Numerical Meterology and Oceanography Center available 
for private, educational, and government use pursuant to agreement 
between the Secretary of Defense and the Secretary of Commerce. It 
shall be the goal of the Secretary of Commerce to support the 
activities of the Ocean Applications Branch through user fees.
    (c) Limitation on Closure.--The Secretary of Commerce shall not 
terminate operation of the Branch, before the Branch fully funds its 
operations through private sources, including user fees, or fiscal year 
1996, whichever comes first.

                TITLE V--ENVIRONMENTAL PROTECTION AGENCY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Environmental Research, 
Development, and Demonstration Authorization Act of 1995''.

SEC. 502. DEFINITIONS.

    For the purposes of this title, the term--
            (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
            (2) ``Agency'' means the Environmental Protection Agency; 
        and
            (3) ``Assistant Administrator'' means the Assistant 
        Administrator for Research and Development of the Agency.

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Administrator $490,000,000 for fiscal year 1996 for the Office of 
Research and Development for environmental research, development, and 
demonstration activities, including program management and support, in 
the areas specified in subsection (b), of which--
            (1) $321,694,800 shall be for Research and Development; and
            (2) $109,263,400 shall be for Program and Research 
        Operations.
    (b) Specific Programs and Activities.--Of the amount authorized in 
subsection (a), there are authorized to be appropriated the following:
            (1) For air related research, $93,915,200, of which--
                    (A) $67,111,400 shall be for Research and 
                Development; and
                    (B) $26,803,800 shall be for Program and Research 
                Operations.
            (2) For global change research, $2,385,700, of which--
                    (A) $2,125,400 shall be for Research and 
                Development; and
                    (B) $260,300 shall be for Program and Research 
                Operations.
            (3) For water quality related research, $21,243,100, of 
        which--
                    (A) $9,453,100 shall be for Research and 
                Development; and
                    (B) $11,790,000 shall be for Program and Research 
                Operations.
            (4) For drinking water related research, $20,652,400, of 
        which--
                    (A) $10,376,500 shall be for Research and 
                Development; and
                    (B) $10,275,900 shall be for Program and Research 
                Operations.
            (5) For toxic chemical related research, $11,053,900, of 
        which--
                    (A) $5,028,600 shall be for Research and 
                Development; and
                    (B) $6,025,300 shall be for Program and Research 
                Operations.
            (6) For lab and field expenses, $73,031,600, all of which 
        shall be for Research and Development.
            (7) For headquarters expenses of the Office of Research and 
        Development, $9,254,800, all of which shall be for Research and 
        Development.
            (8) For multimedia related research expenses, $158,656,800, 
        of which--
                    (A) $122,142,900 shall be for Research and 
                Development;
                    (B) $31,513,900 shall be for Program and Research 
                Operations; and
                    (C) $5,000,000 shall be for graduate student 
                fellowships.
            (9) For program management expenses, $6,399,300, all of 
        which shall be for Program and Research Operations.
            (10) For pesticide related research, $13,345,200, of 
        which--
                    (A) $7,192,800 shall be for Research and 
                Development; and
                    (B) $6,152,400 shall be for Program and Research 
                Operations.
            (11) For oil pollution related research, $2,076,900.
            (12) For research related to leaking underground storage 
        tanks, $769,400.
            (13) For research related to cleanup of contaminated sites, 
        $56,195,500.
            (14) For research related to hazardous waste, $21,020,200, 
        of which--
                    (A) $10,977,700 shall be for Research and 
                Development; and
                    (B) $10,042,500 shall be for Program and Research 
                Operations.
    (c) Limitations.--(1) No funds are authorized to be appropriated by 
this title for--
            (A) the Environmental Technology Initiative;
            (B) the Climate Change Action Plan; or
            (C) indoor air pollution research.
    (2) No sums are authorized 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.
    (3) 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.

SEC. 504. SCIENTIFIC RESEARCH REVIEW.

    (a) In General.--The Administrator shall assign to the Assistant 
Administrator the duties of--
            (1) developing a strategic plan for scientific and 
        technical research activities throughout the Agency;
            (2) integrating that strategic plan into ongoing Agency 
        planning activities; and
            (3) reviewing all Agency research to ensure the research--
                    (A) is of high quality; and
                    (B) does not duplicate any other research being 
                conducted by the Agency.
    (b) Report.--The Assistant Administrator shall transmit annually to 
the Administrator and to the Committee on Science of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report detailing--
            (1) all Agency research the Assistant Administrator finds 
        is not of sufficiently high quality; and
            (2) all Agency research the Assistant Administrator finds 
        duplicates other Agency research.

SEC. 505. PROHIBITION OF LOBBYING ACTIVITIES.

    None of the funds authorized by this title shall be available for 
any activity whose purpose is to influence legislation 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 legislation or 
appropriations which they deem necessary for the efficient conduct of 
the public business.

SEC. 506. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Administrator shall exclude from consideration 
for awards of financial assistance made by the Office of Research and 
Development 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 
effective 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. 507. GRADUATE STUDENT FELLOWSHIPS.

    In carrying out the graduate student fellowship program for which 
funds are authorized to be appropriated by this title, the 
Administrator shall ensure that any fellowship award to a student 
selected after the date of the enactment of this Act is used only to 
support research that would further missions of the Office of Research 
and Development in fields in which there exists or is projected to 
exist a shortage in the number of scientists.

                          TITLE VI--TECHNOLOGY

                 Subtitle A--Technology Administration

SEC. 601. SHORT TITLE.

    This title may be cited as the ``American Technology Advancement 
Act of 1995''.

SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

    (a) Under Secretary for Technology.--There are authorized to be 
appropriated for the Office of the Under Secretary of Commerce for 
Technology/Office of Technology Policy $5,066,000 for fiscal year 1996.
    (b) National Institute of Standards and Technology.--There are 
authorized to be appropriated the following:
            (1) For Scientific and Technical Research and Services of 
        the National Institute of Standards and Technology, 
        $275,579,000 for fiscal year 1996, of which--
                    (A) $39,628,000 shall be for Electronics and 
                Electrical Engineering;
                    (B) $19,565,000 shall be for Manufacturing 
                Engineering;
                    (C) $28,127,000 shall be for Chemical Science and 
                Technology;
                    (D) $28,082,000 shall be for Physics;
                    (E) $54,314,000 shall be for Material Science and 
                Engineering;
                    (F) $13,517,000 shall be for Building and Fire 
                Research;
                    (G) $30,704,000 shall be for Computer Systems;
                    (H) $10,964,000 shall be for Applied Mathematics 
                and Scientific Computing;
                    (I) $19,109,000 shall be for Technical Assistance;
                    (J) $28,169,000 shall be for Research Support; and
                    (K) $3,400,000 shall be for the Malcolm Baldrige 
                National Quality Program under section 17 of the 
                Stevenson-Wydler Technology Innovation Act of 1980 (15 
                U.S.C. 3711a); and
            (2) for Construction of Research Facilities of the National 
        Institute of Standards and Technology, $62,055,000 for fiscal 
        year 1996.

SEC. 603. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT 
              AMENDMENTS.

    The National Institute of Standards and Technology Act (15 U.S.C. 
271 et seq.) is amended--
            (1) in section 10(a)--
                    (A) by striking ``nine'' and inserting in lieu 
                thereof ``15''; and
                    (B) by striking ``five'' and inserting in lieu 
                thereof ``10'';
            (2) in section 15--
                    (A) by striking ``Pay Act of 1945; and'' and 
                inserting in lieu thereof ``Pay Act of 1945;''; and
                    (B) by inserting ``; and (h) the provision of 
                transportation services for employees of the Institute 
                between the facilities of the Institute and nearby 
                public transportation, notwithstanding section 1344 of 
                title 31, United States Code'' after ``interests of the 
                Government''; and
            (3) in section 19, by striking ``nor more than forty'' and 
        inserting in lieu thereof ``nor more than 60''.

SEC. 604. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 
              AMENDMENTS.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.) is amended--
            (1) in section 11(i) (15 U.S.C. 3710(i))--
                    (A) by inserting ``loan, lease,'' after 
                ``department, may''; and
                    (B) by inserting ``Actions taken under this 
                subsection shall not be subject to Federal requirements 
                on the disposal of property.'' after ``education and 
                research activities.''; and
            (2) in section 17(c) (15 U.S.C. 3711a(c))--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
                    (C) in paragraph (2), as so redesignated by 
                subparagraph (B) of this paragraph, by striking ``two'' 
                and inserting in lieu thereof ``4''.

SEC. 605. PERSONNEL.

    The personnel management demonstration project established under 
section 10 of the National Bureau of Standards Authorization Act for 
Fiscal Year 1987 (15 U.S.C. 275 note) is extended indefinitely.

SEC. 606. FASTENER QUALITY ACT AMENDMENTS.

    (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act 
(15 U.S.C. 5401) is amended--
            (1) by striking subsection (a)(4), and redesignating 
        paragraphs (5) through (9) as paragraphs (4) through (8), 
        respectively;
            (2) in subsection (a)(7), as so redesignated by paragraph 
        (1) of this subsection, by striking ``by lot number''; and
            (3) in subsection (b), by striking ``used in critical 
        applications'' and inserting in lieu thereof ``in commerce''.
    (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act 
(15 U.S.C. 5402) is amended--
            (1) in paragraph (1)(B) by striking ``having a minimum 
        tensile strength of 150,000 pounds per square inch'' and 
        inserting in lieu thereof ``having a minimum Rockwell C 
        hardness of 40 or above'';
            (2) in paragraph (2)--
                    (A) by inserting ``International Organization for 
                Standardization,'' after ``Society of Automotive 
                Engineers,''; and
                    (B) by inserting ``consensus'' after ``or any 
                other'';
            (3) in paragraph (5)--
                    (A) by inserting ``or'' after ``standard or 
                specification,'' in subparagraph (B);
                    (B) by striking ``or'' at the end of subparagraph 
                (C);
                    (C) by striking subparagraph (D); and
                    (D) by inserting ``or produced in accordance with 
                ASTM F 432'' after ``307 Grade A'';
            (4) in paragraph (6) by striking ``other person'' and 
        inserting in lieu thereof ``government agency'';
            (5) in paragraph (8) by striking ``Standard'' and inserting 
        in lieu thereof ``Standards'';
            (6) by striking paragraph (11) and redesignating paragraphs 
        (12) through (15) as paragraphs (11) through (14), 
        respectively;
            (7) in paragraph (13), as so redesignated by paragraph (6) 
        of this subsection, by striking ``, a government agency'' and 
        all that follows through ``markings of any fastener'' and 
        inserting in lieu thereof ``or a government agency''; and
            (8) in paragraph (14), as so redesignated by paragraph (6) 
        of this subsection, by inserting ``for the purpose of achieving 
        a uniform hardness'' after ``quenching and tempering''.
    (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 
U.S.C. 5403) is repealed.
    (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act 
(15 U.S.C. 5404) is amended--
            (1) in subsection (a)(1)(B) and (2)(A)(i) by striking 
        ``subsections (b) and (c)'' and inserting in lieu thereof 
        ``subsections (b), (c), and (d)'';
            (2) in subsection (c)(2) by striking ``or, where 
        applicable'' and all that follows through ``section 7(c)(1)'';
            (3) in subsection (c)(3) by striking ``, such as the 
        chemical, dimensional, physical, mechanical, and any other'';
            (4) in subsection (c)(4) by inserting ``except as provided 
        in subsection (d),'' before ``state whether''; and
            (5) by adding at the end the following new subsection:
    ``(d) Alternative Procedure for Chemical Characteristics.--
Notwithstanding the requirements of subsections (b) and (c), a 
manufacturer shall be deemed to have demonstrated, for purposes of 
subsection (a)(1), that the chemical characteristics of a lot conform 
to the standards and specifications to which the manufacturer 
represents such lot has been manufactured if the following requirements 
are met:
            ``(1) The coil or heat number of metal from which such lot 
        was fabricated has been inspected and tested with respect to 
        its chemical characteristics by a laboratory accredited in 
        accordance with the procedures and conditions specified by the 
        Secretary under section 6.
            ``(2) Such laboratory has provided to the manufacturer, 
        either directly or through the metal manufacturer, a written 
        inspection and testing report, which shall be in a form 
        prescribed by the Secretary by regulation, listing the chemical 
        characteristics of such coil or heat number.
            ``(3) The report described in paragraph (2) indicates that 
        the chemical characteristics of such coil or heat number 
        conform to those required by the standards and specifications 
        to which the manufacturer represents such lot has been 
        manufactured.
            ``(4) The manufacturer demonstrates that such lot has been 
        fabricated from the coil or heat number of metal to which the 
        report described in paragraphs (2) and (3) relates.
In prescribing the form of report required by subsection (c), the 
Secretary shall provide for an alternative to the statement required by 
subsection (c)(4), insofar as such statement pertains to chemical 
characteristics, for cases in which a manufacturer elects to use the 
procedure permitted by this subsection.''.
    (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality 
Act (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days 
after the date of enactment of this Act, the'' and inserting in lieu 
thereof ``The''.
    (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act 
(15 U.S.C. 5406) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Domestically Produced Fasteners.--It shall be unlawful for a 
manufacturer to sell any shipment of fasteners covered by this Act 
which are manufactured in the United States unless the fasteners--
            ``(1) have been manufactured according to the requirements 
        of the applicable standards and specifications and have been 
        inspected and tested by a laboratory accredited in accordance 
        with the procedures and conditions specified by the Secretary 
        under section 6; and
            ``(2) an original laboratory testing report described in 
        section 5(c) and a manufacturer's certificate of conformance 
        are on file with the manufacturer, or under such custody as may 
        be prescribed by the Secretary, and available for 
        inspection,'';
            (2) in subsection (c)(2) by inserting ``to the same'' after 
        ``in the same manner and'';
            (3) in subsection (d)(1) by striking ``certificate'' and 
        inserting in lieu thereof ``test report''; and
            (4) by striking subsections (e), (f), and (g) and inserting 
        in lieu thereof the following:
    ``(e) Commingling.--It shall be unlawful for any manufacturer, 
importer, or private label distributor to commingle like fasteners from 
different lots in the same container, except that such manufacturer, 
importer, or private label distributor may commingle like fasteners of 
the same type, grade, and dimension from not more than two tested and 
certified lots in the same container during repackaging and plating 
operations. Any container which contains fasteners from two lots shall 
be conspicuously marked with the lot identification numbers of both 
lots.
    ``(f) Subsequent Purchaser.--If a person who purchases fasteners 
for any purpose so requests either prior to the sale or at the time of 
sale, the seller shall conspicuously mark the container of the 
fasteners with the lot number from which such fasteners were taken.''.
    (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15 
U.S.C. 5408) is amended by adding at the end the following new 
subsection:
    ``(d) Enforcement.--The Secretary may designate officers or 
employees of the Department of Commerce to conduct investigations 
pursuant to this Act. In conducting such investigations, those officers 
or employees may, to the extent necessary or appropriate to the 
enforcement of this Act, exercise such authorities as are conferred 
upon them by other laws of the United States, subject to policies and 
procedures approved by the Attorney General.''.
    (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act 
(15 U.S.C. 5409) is amended--
            (1) in subsections (a) and (b), by striking ``10 years'' 
        and inserting in lieu thereof ``5 years''; and
            (2) in subsection (b), by striking ``any subsequent'' and 
        inserting in lieu thereof ``the subsequent''.
    (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act 
(15 U.S.C. 5412) is amended by striking ``within 180 days after the 
date of enactment of this Act''.
    (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 
U.S.C. 5413) is repealed.

SEC. 607. PROHIBITION OF LOBBYING ACTIVITIES.

    None of the funds authorized by this title shall be available for 
any activity whose purpose is to influence legislation 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 legislation or 
appropriations which they deem necessary for the efficient conduct of 
the public business.

SEC. 608. 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 authorized 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. 609. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Director shall exclude from consideration for 
awards of financial assistance made by the Under Secretary for 
Technology/Office of Technology Policy or the National Institute of 
Standards and Technology 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 effective 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. 610. STANDARDS CONFORMITY.

    (a) Use of Standards.--Section 2(b) of the National Institute of 
Standards and Technology Act (15 U.S.C. 272(b)) is amended--
            (1) by striking ``, including comparing standards'' and all 
        that follows through ``Federal Government'';
            (2) by redesignating paragraphs (3) through (11) as 
        paragraphs (4) through (12), respectively; and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) to compare standards used in scientific 
        investigations, engineering, manufacturing, commerce, industry, 
        and educational institutions with the standards adopted or 
        recognized by the Federal Government and to coordinate the use 
        by Federal agencies of private sector standards, emphasizing 
        where possible the use of standards developed by private, 
        consensus organizations;''.
    (b) Conformity Assessment Activities.--Section 2(b) of the National 
Institute of Standards and Technology Act (15 U.S.C. 272(b)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (11), as so 
        redesignated by subsection (a)(2) of this section;
            (2) by striking the period at the end of paragraph (12), as 
        so redesignated by subsection (a)(2) of this section, and 
        inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(13) to coordinate Federal, State, local, and private 
        sector standards conformity assessment activities, with the 
        goal of eliminating unnecessary duplication and complexity in 
        the development and promulgation of conformity assessment 
        requirements and measures.''.
    (c) Transmittal of Plan to Congress.--The National Institute of 
Standards and Technology shall, by January 1, 1996, transmit to the 
Congress a plan for implementing the amendments made by this section.

SEC. 611. FURTHER AUTHORIZATIONS.

    Nothing in this Act shall preclude further authorization of 
appropriations for the Manufacturing Extension Partnerships program 
under sections 25 and 26 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278k and 278l) for fiscal year 1996: 
Provided, That authorization allocations adopted by the Conference 
Committee on House Concurrent Resolution 67, and approved by Congress, 
allow for such further authorizations.

SEC. 612. AVAILABLE FUNDING.

    Nothing in this title prohibits the National Institute of Standards 
and Technology from using available funds to perform standards-related 
research and development activities relating to environmental 
technologies, health care, information infrastructure, and construction 
technologies.

              TITLE VII--UNITED STATES FIRE ADMINISTRATION

SEC. 701 SHORT TITLE.

    This title may be cited as the ``Fire Administration Authorization 
Act of 1995''.

SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

    Section 17(g)(1) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2216(a)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting in lieu thereof a semicolon; and
            (3) by adding at the end the following new subparagraphs:
            ``(G) $28,000,000 for the fiscal year ending September 30, 
        1996, which, notwithstanding subsection (h), includes any 
        amounts appropriated under subsection (h) (3) and (4) for 
        fiscal year 1996; and
            ``(H) $28,000,000 for the fiscal year ending September 30, 
        1997.''.

SEC. 703. FIRE SAFETY SYSTEMS IN ARMY HOUSING.

    Section 31(c)(1)(A)(ii)(II) is amended by inserting ``, or in the 
case of housing under the control of the Department of the Army, 6 
years after such date of enactment'' after ``date of enactment''.

SEC. 704. SUCCESSOR FIRE SAFETY STANDARDS.

    The Federal Fire Prevention and Control Act of 1974 is amended--
            (1) in section 29(a)(1), by inserting ``, or any successor 
        standard thereto,'' after ``Association Standard 74'';
            (2) in section 29(a)(2), by inserting ``or any successor 
        standards thereto,'' after ``whichever is appropriate,'';
            (3) in section 29(b)(2), by inserting ``, or any successor 
        standards thereto'' after ``Association Standard 13 or 13-R'';
            (4) in section 31(c)(2)(B)(i), by inserting ``or any 
        successor standard thereto,'' after ``Life Safety Code),''; and
            (5) in section 31(c)(2)(B)(ii), by inserting ``or any 
        successor standard thereto,'' after ``Association Standard 
        101,''.

SEC. 705. TERMINATION OR PRIVATIZATION OF FUNCTIONS.

    The Administrator of the United States Fire Administration shall 
transmit to Congress a report providing notice at least 60 days in 
advance of the termination or transfer to a private sector entity of 
any significant function of the United States Fire Administration.

SEC. 706. REPORT ON BUDGETARY REDUCTION.

    The Administrator of the United States Fire Administration shall 
transmit to Congress, within three months after the date of the 
enactment of this Act, a report setting forth the manner in which the 
United States Fire Administration intends to implement the budgetary 
reduction represented by the difference between the amount appropriated 
to the United States Fire Administration for fiscal year 1996 and the 
amount requested in the President's budget request for such fiscal 
year. Such report shall be prepared in consultation with the Alliance 
for Fire and Emergency Management, the International Association of 
Fire Chiefs, the International Association of Fire Fighters, the 
National Fire Protection Association, the National Volunteer Fire 
Council, the National Association of State Fire Marshals, and the 
International Association of Arson Investigators.

                        TITLE VIII--BUY AMERICAN

SEC. 801. BUY AMERICAN.

    (a) Sense of Congress.--It is the sense of Congress that any 
recipient of a grant under this Act, or under any amendment made by 
this Act, should purchase, when available and cost-effective, American 
made equipment and products when expending grant monies.
    (b) Notice to Recipients of Assistance.--In allocating grants under 
this Act, or under any amendment made by this Act, the Secretary shall 
provide to each recipient a notice describing the statement made in 
subsection (a) by the Congress.

            Passed the House of Representatives October 12, 1995.

            Attest:

                                                                 Clerk.
                                     

104th CONGRESS

  1st Session

                               H. R. 2405

_______________________________________________________________________

                                 AN ACT

     To authorize appropriations for fiscal years 1996 and 1997 for 
 civilian science activities of the Federal Government, and for other 
                               purposes.